Gardeners Bellingham Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Bellingham provides gardening and related services to residential and commercial customers. By booking or receiving any service, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below.

Gardeners Bellingham, we, us, our means the gardening service provider trading under the name Gardeners Bellingham.

Customer, you, your means the individual, business, or organisation that books or receives services from Gardeners Bellingham.

Services means any gardening, garden maintenance, landscaping preparation, clearance, soft landscaping, hedge trimming, lawn care, planting, pruning, or any other work carried out by us at your request.

Site means the garden, outdoor area, or other premises where the Services are to be carried out.

Agreement means the contract between you and Gardeners Bellingham comprising these Terms and Conditions and any written or verbal confirmation of your booking.

2. Scope of Services

Gardeners Bellingham provides general gardening and garden maintenance services in its operational area, including but not limited to regular maintenance visits, one-off tidy-ups, seasonal work, planting, and basic soft landscaping. The exact scope of each job will be agreed between you and us at the time of booking.

Any description of Services given verbally, in writing, or on promotional materials is for general guidance only. The precise scope and specification of Services will depend on the condition of your garden, access, health and safety requirements, and any other relevant factors assessed on site.

We reserve the right to decline any work that we consider unsafe, inappropriate, or beyond our capabilities or usual service offering.

3. Booking Process

You may request a booking by contacting Gardeners Bellingham through its published communication channels. We may ask you for details of the Site, required Services, preferred dates and times, and any access information. For some jobs, we may need photographs or a site visit before confirming a booking.

A booking is only confirmed when we have accepted your request and provided you with a date and time for the visit, along with an indication of the anticipated duration and charges. Acceptance may be given verbally or in writing. We may at our discretion decline or postpone a booking.

If the Services required differ from those originally described by you at the time of booking, we will endeavour to agree any change of scope and any revised charges with you before starting or continuing work. If agreement cannot be reached, we may stop work and charge for any Services already provided.

4. Estimates and Pricing

Prices for our Services are normally based on hourly rates, day rates, or fixed-fee estimates. Any estimate or indication of price we provide prior to attending the Site is given in good faith based on the information supplied by you and does not constitute a fixed quote unless expressly stated as such.

We reserve the right to revise an estimate or proposed price if, on attending the Site, we find that the work is materially different from what was described, access is restricted, or conditions are poorer than reasonably anticipated. This includes heavily overgrown gardens, hazardous waste, or obstacles that significantly increase the time or resources required.

Where we need to adjust the price, we will explain the reasons and seek your approval before proceeding. If you do not agree to the revised price, we may cancel or limit the Services and you will only be charged for any work already carried out.

5. Materials, Plants, and Equipment

Unless otherwise agreed, our charges do not include the cost of plants, materials, or specialist equipment. Where materials, plants, or additional equipment hire are required, we may either purchase or arrange them on your behalf and add the cost, including a reasonable handling or sourcing charge where applicable, to your invoice.

All materials and plants remain our property until payment has been received in full. We do not guarantee the long-term performance or survival of plants once they have been installed, as this depends on ongoing care, weather conditions, soil quality, and other factors beyond our control.

You agree to provide reasonable access to electricity and water at the Site where necessary, unless otherwise agreed in advance.

6. Customer Responsibilities

You must ensure that we have safe and reasonable access to the Site at the agreed times, including access to any side or rear gardens, communal areas, or locked spaces needed for the work. Any parking restrictions, gated entry, or special access requirements must be disclosed at the time of booking.

You agree to keep pets, children, and other persons away from the immediate work area while we are carrying out Services, and to inform us of any known hazards at the Site, such as uneven surfaces, fragile structures, underground utilities, or hazardous materials.

It is your responsibility to obtain any necessary consents, approvals, or permissions from landlords, neighbours, local authorities, or other relevant parties before the Services begin, including permissions for tree work, boundary hedges, or changes to shared or communal areas.

7. Payments and Invoicing

Unless otherwise agreed, payment for our Services is due immediately upon completion of the work or on the date of the invoice issued to you. For ongoing regular maintenance customers, we may issue invoices on a weekly or monthly basis in arrears or in advance by prior agreement.

We accept commonly used payment methods as notified to you at the time of booking or invoicing. We reserve the right to require partial or full payment in advance for certain jobs, including large or materials-intensive projects, or work requiring special equipment.

If payment is not received by the due date, we may charge interest on the overdue amount at the statutory rate permitted under applicable law until payment is made in full. We may also suspend further Services or cancel future bookings until all outstanding sums are paid.

8. Cancellations and Rescheduling

You may cancel or reschedule a booking by giving us notice. We ask for as much notice as reasonably possible so that we can manage our schedule effectively.

Where you cancel or reschedule a booking with less than 24 hours notice, we reserve the right to charge a late cancellation fee, which may be up to a reasonable proportion of the anticipated charges for the booking, including any unrecoverable costs already incurred by us for materials or equipment.

If we need to cancel or reschedule a booking, for example due to staff illness, severe weather, vehicle breakdown, or other circumstances beyond our control, we will notify you as soon as reasonably practicable and offer an alternative date and time. We will not be liable for any losses you may incur as a result of such cancellation or rescheduling, but any advance payments for Services not yet performed will be adjusted or refunded as appropriate.

9. Weather and Access Limitations

The performance of gardening Services is subject to weather conditions. If, in our professional opinion, weather conditions make the work unsafe or impractical, we may delay, modify, or cancel the Services. We will endeavour to reschedule at a mutually convenient time.

If we attend the Site at the agreed time and are unable to gain access, or if the work cannot proceed due to issues within your control, such as locked gates, obstructed access, or unsafe conditions caused by you or third parties, we may charge a call-out fee or for the time spent waiting, up to a reasonable amount.

10. Waste Handling and Disposal

In the course of providing Services, we may generate green waste such as grass cuttings, weeds, branches, and trimmings. Our standard service may include collecting and neatly bagging or stacking such waste on site, using your garden waste bins or an agreed area for composting where available.

Removal and off-site disposal of garden waste is not automatically included in all Services. Where waste removal is required, this will be agreed in advance and charged separately, taking into account labour, transport, and disposal costs. All waste removal and disposal will be carried out in accordance with applicable UK waste regulations and duty of care obligations.

We do not normally handle or remove hazardous waste, contaminated soil, asbestos, or other controlled materials. If we encounter such materials, we may stop work immediately and you will be responsible for arranging appropriate specialist removal and disposal.

11. Damage, Liability, and Insurance

We will exercise reasonable care and skill in providing the Services. However, you acknowledge that gardening work carries some inherent risks of minor damage to plants, lawn surfaces, and garden structures, particularly in overgrown or neglected gardens. We will not be liable for cosmetic or minor damage that could not reasonably be avoided while carrying out the agreed work.

You must inform us before work begins about any particularly valuable, fragile, or sensitive plants, ornaments, utility lines, or structures at the Site so that we can take extra care or adjust our methods where possible. If you fail to provide this information, our liability for any resulting damage may be limited.

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. Subject to this, our total liability to you for any loss or damage arising out of or in connection with the Services or the Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid or payable by you for the specific Services giving rise to the claim.

12. Complaints and Defects

If you are dissatisfied with any aspect of our Services, you should notify us as soon as reasonably practicable, and in any event within a reasonable period after completion of the work. We may request photographs or a site visit to assess your concerns.

Where we consider that the Services have not been provided with reasonable care and skill, we will at our discretion either re-perform the relevant part of the Services or offer an appropriate reduction in the price. This will be your sole and exclusive remedy in respect of defective Services, to the extent permitted by law.

13. Health and Safety

We will carry out the Services in accordance with applicable health and safety laws and good industry practice. You agree to cooperate with us in ensuring a safe working environment, including keeping pets and children away from machinery, tools, and chemicals, and following any safety instructions provided by us.

We may use powered machinery, cutting tools, and garden chemicals where appropriate. You must not interfere with or use our equipment or materials and must not enter the immediate work area without our permission while work is in progress.

14. Termination of Services

Either party may terminate ongoing or recurring Services by giving reasonable notice to the other party. For regular maintenance contracts, we may ask for a minimum notice period which will be communicated to you at the start of the arrangement.

We may terminate the Agreement immediately or suspend Services if you fail to pay any sum due, repeatedly cancel at short notice, create or permit unsafe working conditions, or otherwise materially breach these Terms and Conditions.

15. Data Protection and Privacy

We will collect and use your personal information, such as your name, address, and contact details, for the purpose of providing the Services, managing bookings, and handling payments. Your information will be handled in accordance with applicable data protection laws in the UK.

We may keep records of your Service history, Site information, and communications with you as reasonably required for our business purposes, legal obligations, and to improve our services. We do not sell your personal data to third parties.

16. Changes to These Terms

We may update or amend these Terms and Conditions from time to time, for example to reflect changes in the law, our services, or our business practices. The version in force at the time of your booking will apply to that booking and associated Services.

Updated Terms and Conditions may be made available upon request or through our usual communication channels. Continued use of our Services after changes take effect will constitute your acceptance of the updated terms for future bookings.

17. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or with the Services, shall be governed by and construed in accordance with the laws of England and Wales.

You and Gardeners Bellingham agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.

18. Miscellaneous

If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed deleted, but this shall not affect the validity and enforceability of the remaining provisions.

No failure or delay by Gardeners Bellingham in exercising any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy. You may not assign or transfer your rights or obligations under the Agreement without our prior consent. We may assign or subcontract our rights and obligations where this does not adversely affect your rights under these Terms and Conditions.

These Terms and Conditions, together with any agreed booking details or written confirmations, constitute the entire agreement between you and Gardeners Bellingham in relation to the Services and supersede any prior discussions, correspondence, or understandings.