Terms And Conditions
Gardeners Fulwell Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Fulwell provides gardening and related services to residential and commercial clients. By booking or receiving any services from Gardeners Fulwell, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, you must not place a booking or allow work to proceed.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below:
Client means the person, company, or organisation that requests or receives services from Gardeners Fulwell.
Services means any gardening, grounds maintenance, clearance, planting, lawn care, hedge trimming, pruning, soft landscaping, or related work provided by Gardeners Fulwell.
Booking means any request or agreement for Services, whether made in writing or verbally, and whether or not a written quotation has been accepted.
Site means the garden, land, or premises at which the Services are to be carried out.
2. Scope of Services
Gardeners Fulwell provides a range of gardening and outdoor maintenance services, including but not limited to lawn mowing, lawn treatments, hedge cutting, pruning, planting, weeding, border maintenance, garden tidy-ups, garden clearance, and routine grounds care. The specific Services to be supplied in each case will be set out in a quotation, work schedule, or agreed verbally and confirmed where appropriate.
Any illustrations, descriptions, or examples of Services are for general guidance only and do not form part of a contract unless expressly stated in writing. Gardeners Fulwell reserves the right to reasonably adjust methods, materials, and timing where necessary to complete the work safely and efficiently.
3. Booking Process
Bookings may be requested by the Client through a written or verbal enquiry describing the required work. Gardeners Fulwell may arrange a Site visit or request photographs or further information to prepare an estimate or quotation.
Where a quotation is issued, it will normally set out the proposed scope of work, the estimated or fixed price, and any key assumptions or exclusions. Quotations are usually valid for a limited period as stated on the quotation or otherwise communicated to the Client.
A Booking is confirmed when the Client accepts the quotation or clearly instructs Gardeners Fulwell to proceed with the Services, whether in writing or verbally. By confirming a Booking, the Client authorises Gardeners Fulwell to attend the Site and carry out the Services as agreed.
For ongoing maintenance arrangements, Gardeners Fulwell may agree a regular schedule of visits. The frequency and nature of Services will be discussed and confirmed before work commences and may be reviewed periodically.
4. Access to the Site
The Client must ensure that Gardeners Fulwell has safe and adequate access to the Site at the agreed dates and times. This includes providing any keys, access codes, or instructions necessary to enter the garden or outdoor areas.
If access is not available when the team attends the Site, Gardeners Fulwell may treat this as a late cancellation and reserve the right to charge a call-out or cancellation fee, as set out in these Terms and Conditions.
The Client must inform Gardeners Fulwell of any hazards, restrictions, or special requirements at the Site. This includes, for example, uneven surfaces, fragile features, underground services, or any requirement imposed by neighbours or property managers.
5. Client Responsibilities
The Client is responsible for ensuring that:
All necessary consents, permissions, and approvals for the work have been obtained before the Services start, including any required consents from landlords, neighbours, or local authorities.
Pets, children, and any members of the public are kept clear of the working area during the provision of Services to maintain safety.
Any valuable, fragile, or easily damaged items in or near the working area are removed or clearly identified to avoid accidental damage.
Water and electricity necessary for the provision of the Services are available on Site where reasonably required, unless otherwise agreed.
Gardeners Fulwell is not responsible for any delay or inability to complete work where the Client has not fulfilled these responsibilities.
6. Pricing and Quotations
Prices may be given as a fixed quotation for a defined scope of work or on an hourly or daily rate basis, as agreed with the Client. All prices are provided in good faith based on the information available at the time.
Where work is priced on a time basis, the final charge will depend on the actual time spent on Site, including reasonable set-up and clear-up time.
A quotation may be revised or additional charges may apply if:
The Client requests changes to the scope of work after the quotation is issued or work has started.
Conditions at the Site are significantly different from those described or shown at the time of quotation, such as more overgrown areas, unexpected obstacles, or additional waste.
Additional services are reasonably necessary to complete the work safely or to a satisfactory standard, and the Client has been informed.
Any changes to pricing will be discussed with the Client as soon as reasonably practicable.
7. Payments
Payment terms will normally be stated on the quotation or invoice. Unless otherwise agreed, payment for one-off jobs is due on completion of the Services and for regular maintenance is due after each visit or according to an agreed invoicing schedule.
Gardeners Fulwell may require a deposit or advance payment for larger projects or to cover materials. Deposits are normally non-refundable once materials have been ordered or specific time has been reserved.
Invoices must be paid in full by the due date stated. If payment is not received on time, Gardeners Fulwell may:
Charge interest on the overdue amount at a reasonable rate, calculated on a daily basis until payment is made.
Suspend or cancel further Services until outstanding sums are paid in full.
Recover from the Client any reasonable costs of collection, including third-party recovery charges, where applicable.
8. Cancellations and Rescheduling
The Client may cancel or reschedule a Booking by giving reasonable notice. Gardeners Fulwell requests at least 24 hours notice for cancellations or changes to avoid a cancellation charge.
If the Client cancels or significantly changes a Booking with less than 24 hours notice, or fails to provide access when the team arrives, Gardeners Fulwell reserves the right to charge a cancellation fee, which may be up to the full price of the scheduled visit, depending on the circumstances.
Gardeners Fulwell may need to reschedule or cancel a Booking due to severe weather, staff illness, equipment failure, or other circumstances beyond reasonable control. In such cases, Gardeners Fulwell will notify the Client as soon as practicable and arrange a new appointment at a mutually convenient time. Gardeners Fulwell is not liable for any loss or inconvenience arising from such changes, provided reasonable efforts are made to rearrange the Services.
9. Materials and Plants
Where Gardeners Fulwell supplies plants, turf, soil, compost, mulch, or other materials, reasonable care is taken to select suitable products for the Site conditions and the Client's requirements.
However, the long-term performance of plants and lawns depends on ongoing care, watering, weather conditions, pests, and other factors beyond Gardeners Fulwell's control. Unless expressly agreed in writing, no guarantee is given that plants or turf will thrive or survive for a particular period.
Any instructions provided by Gardeners Fulwell for aftercare should be followed carefully by the Client. Failure to follow aftercare advice may void any specific guarantees where provided.
10. Waste Removal and Environmental Regulations
Gardeners Fulwell will normally leave the working area tidy at the end of each visit. Removal of green waste, soil, rubble, or other materials is not automatically included unless specifically stated in the quotation or agreed with the Client.
Where waste removal is included, Gardeners Fulwell will dispose of garden waste and other materials in accordance with relevant environmental and waste regulations. Charges for waste removal will reflect the volume, weight, and type of waste, as well as any fees charged by authorised facilities.
In some cases, it may be more cost effective or practical for the Client to use their own green waste bins or local recycling services. This will be discussed with the Client in advance where possible.
Gardeners Fulwell will not remove or handle hazardous waste, including but not limited to asbestos, contaminated soil, chemicals, or medical waste. If such materials are discovered, work may be suspended until the Client arranges appropriate specialist removal.
11. Health and Safety
Gardeners Fulwell will take reasonable steps to ensure that all work is carried out safely and in compliance with applicable health and safety requirements. This may include the use of protective equipment, barriers, and safe working practices.
The Client must not interfere with or misuse any equipment or safety measures provided by Gardeners Fulwell. The Client must also ensure that no one enters the working area without permission while machinery is in use.
If at any time Gardeners Fulwell considers that conditions at the Site pose an unacceptable risk to health or safety, work may be paused or cancelled until those risks are addressed. In such cases, Gardeners Fulwell will discuss the situation with the Client and seek a practical solution.
12. Liability and Limitations
Gardeners Fulwell will exercise reasonable care and skill in providing the Services. If the Client is dissatisfied with any aspect of the work, they should notify Gardeners Fulwell as soon as possible so that the issue can be reviewed and, where appropriate, rectified.
Gardeners Fulwell's liability for any loss or damage arising out of or in connection with the Services is limited to the amount paid or payable by the Client for the specific work in question, except to the extent that such limitation is not permitted by law.
Gardeners Fulwell is not liable for:
Any indirect or consequential loss, such as loss of enjoyment, loss of profit, or loss of opportunity.
Damage to underground pipes, cables, or services that were not reasonably identifiable or not disclosed by the Client before work commenced.
Damage caused by pre-existing defects, structural weaknesses, subsidence, or conditions beyond Gardeners Fulwell's control.
Any failure of plants, turf, or lawns to establish where reasonable care and standard practices have been used.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, or any other liability that cannot lawfully be limited or excluded.
13. Insurance
Gardeners Fulwell maintains appropriate insurance cover for its gardening and maintenance activities, including public liability insurance, to a level that is reasonable for the nature of the Services provided.
Details of insurance cover can be provided to the Client on request. The existence of insurance does not extend or increase Gardeners Fulwell's liability beyond that described in these Terms and Conditions.
14. Complaints and Disputes
If the Client has any concern or complaint about the Services, they should raise it with Gardeners Fulwell promptly, ideally within 48 hours of the relevant visit or discovery of the issue. Gardeners Fulwell will investigate the concern and, where appropriate, may arrange a Site visit to inspect the work.
Where a complaint is upheld, Gardeners Fulwell may, at its discretion, offer to rectify the work, provide additional services, or make an appropriate price adjustment. Any remedy will take into account the nature of the work, the issue raised, and the reasonable expectations of both parties.
Both the Client and Gardeners Fulwell agree to act in good faith and attempt to resolve disputes amicably before considering formal action.
15. Events Beyond Our Control
Gardeners Fulwell is not responsible for any delay or failure to perform the Services where such delay or failure is due to events beyond its reasonable control, including but not limited to extreme weather, flooding, storms, fire, illness, equipment breakdown, transport disruption, or changes in law or regulations.
If such an event occurs, Gardeners Fulwell will inform the Client where reasonably possible and will resume Services as soon as it is reasonably practicable to do so.
16. Changes to These Terms
Gardeners Fulwell may update or amend these Terms and Conditions from time to time. The version in force at the time of a Booking will apply to that Booking. A current version of the Terms and Conditions will be made available on request.
Any specific variations or additional terms agreed with the Client must be confirmed in writing to be valid and will apply only to the particular Booking or project for which they are given.
17. Privacy and Data Protection
Gardeners Fulwell collects and uses personal information from Clients only as necessary to manage enquiries, provide Services, issue invoices, and maintain records. Personal information is handled in a manner consistent with applicable data protection laws.
Client information will not be sold to third parties. It may be shared with trusted partners or service providers where necessary to deliver the Services, process payments, or comply with legal obligations.
Clients may request access to the personal information held about them and may ask for corrections where information is inaccurate.
18. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, shall be governed by and construed in accordance with the laws of England and Wales.
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 the Services provided by Gardeners Fulwell.
19. General Provisions
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court or competent authority, that provision shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
A failure or delay by Gardeners Fulwell in exercising any right or remedy under these Terms and Conditions does not waive that right or remedy and does not prevent it from being exercised later.
These Terms and Conditions, together with any quotation or written variation, constitute the entire agreement between Gardeners Fulwell and the Client in relation to the Services and override any previous understandings or agreements, whether written or oral.