Gardeners Burroughs Terms and Conditions of Service

These Terms and Conditions govern all gardening and related services provided by Gardeners Burroughs to residential and commercial clients within its service area. By booking or allowing any work to commence, you agree to be bound by these Terms and Conditions.

1. Definitions

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

Client means the person, company, or organisation purchasing services from Gardeners Burroughs.

Company means Gardeners Burroughs as the provider of gardening and related services.

Services means any gardening, planting, lawn care, soft landscaping, garden tidy, maintenance, or related work provided by the Company.

Site means the property or garden where the Services are to be delivered.

Contract means the agreement between the Client and the Company comprising these Terms and Conditions and any written quotation or confirmation of booking.

2. Scope of Services

The Company provides a range of gardening and garden maintenance services, which may include lawn cutting, hedge trimming, pruning, planting, weeding, soil preparation, mulching, border maintenance, seasonal tidy-ups, soft landscaping and related works, as agreed with the Client.

The specific Services, estimated duration, and indicative pricing will normally be set out in a quotation or communicated during the booking process. Any additional work requested after the booking is confirmed may require a revised quotation and may be subject to different pricing.

The Company reserves the right to decline work that falls outside its standard capabilities, involves unacceptable levels of risk, or may breach relevant laws or regulations.

3. Booking Process

3.1 Initial enquiry

The Client may request Services by contacting the Company and providing details of the required work, the Site address and access arrangements. The Company may request photographs, measurements or further information to assess the work required.

3.2 Quotations and estimates

Where appropriate, the Company will provide a quotation or estimate based on the information supplied and, if necessary, a Site visit. Quotations are typically valid for a limited period as stated at the time of issue. If no validity period is stated, the quotation will automatically expire 30 days from the date of issue.

3.3 Acceptance and confirmation

A booking is confirmed only when the Client explicitly accepts the quotation or estimate and the Company issues a confirmation of booking. The Contract is formed at the point of confirmation. For certain Services or larger projects, the Company may require a deposit or advance payment as a condition of confirmation.

3.4 Changes to bookings

Any requested changes to the date, time, or scope of the Services must be agreed with the Company in advance of the scheduled visit. The Company will use reasonable efforts to accommodate changes but cannot guarantee availability or the same pricing for altered bookings.

4. Access to the Site and Client Obligations

The Client must ensure that the Company has safe, adequate access to the Site at the agreed time. This includes granting access through gates, communal areas and any security systems, as applicable.

The Client is responsible for:

Ensuring that pets and children are kept away from the working area during the provision of Services.

Informing the Company of any relevant Site conditions, hazards or restrictions, including but not limited to uneven ground, hidden cables, ponds, underground services and any known infestations or harmful plants.

Making available a suitable water supply and, where agreed, electricity supply for powered tools.

Where the Company is unable to access the Site or carry out the Services due to the Client’s act or omission, the Company may charge a reasonable call-out or cancellation fee to cover travel and time costs.

5. Health and Safety

The Company will carry out the Services with reasonable care and skill and in accordance with applicable health and safety requirements. The Company may suspend or adapt work if conditions are unsafe or if weather conditions make it inappropriate to proceed.

If the Company considers that the condition of the Site, or the conduct of any person at the Site, creates an unacceptable risk to health or safety, the Company may withdraw its staff and equipment and cancel or postpone the visit. In such cases, the Client may be liable for reasonable costs incurred up to that point.

6. Materials, Plants and Equipment

Unless otherwise agreed, the Company will provide its own tools, machinery and equipment necessary for the Services. The Client agrees not to operate or tamper with any equipment belonging to the Company.

Where plants, turf, soil, mulch, fertilisers or other materials are supplied by the Company, ownership of such materials will pass to the Client once payment has been made in full and the materials have been installed or delivered to the Site.

The Company cannot guarantee the long-term survival or performance of plants, turf or other living materials once the work is complete, as this is dependent on environmental factors and the Client’s ongoing care and maintenance.

7. Garden Waste and Environmental Regulations

Garden work may generate green waste such as grass cuttings, branches, leaves, soil and plant matter. By default, the Company will leave green waste neatly on Site in an appropriate location agreed with the Client, for the Client’s own disposal or composting, unless a waste removal service has been explicitly agreed as part of the booking.

If the Client requests removal of green waste, additional charges may apply to cover transport, disposal fees and any relevant environmental compliance costs. The Company will handle garden waste in accordance with applicable UK regulations and any required licences for the transport and disposal of controlled waste.

The Client must not request the Company to dispose of waste in a manner that breaches environmental law or local waste regulations. The Company reserves the right to refuse handling or removal of any hazardous or non-green waste items, including but not limited to soil contaminated with chemicals, construction debris, electrical items, or general household rubbish.

8. Pricing and Payments

8.1 Pricing

Prices for Services will either be quoted as a fixed price for the job, an hourly rate or a day rate, as specified by the Company. Prices may take into account travel time, Site conditions, the nature of the work, disposal requirements and any materials supplied.

Unless expressly stated otherwise, prices are quoted in pounds sterling and are exclusive of any applicable taxes that may be required by law.

8.2 Deposits and staged payments

The Company may request a deposit or staged payments for larger projects or where substantial materials need to be ordered in advance. Deposits are normally non-refundable once materials have been ordered or work has commenced, except where the Company cancels the Contract without cause.

8.3 Payment terms

Unless agreed otherwise, payment is due immediately upon completion of the Services for one-off visits, or within the payment period stated on the invoice for ongoing maintenance contracts. The Client agrees to pay all undisputed amounts in full and without set-off.

8.4 Overdue payments

If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at a reasonable rate, and to recover any costs incurred in pursuing late payment, including administrative time and any third-party collection costs. The Company may also suspend or cancel further Services until outstanding balances are settled.

9. Cancellations and Rescheduling

9.1 Client cancellations

For standard maintenance visits or small jobs, the Client may cancel or reschedule a booking without charge by giving the Company reasonable notice before the scheduled time. If the Client cancels or reschedules at short notice, the Company may charge a cancellation fee to cover lost time and costs.

For larger projects or where materials have been specially ordered, cancellation may result in forfeiture of some or all of any deposit to cover costs already incurred. The exact terms will be communicated at the time of booking.

9.2 Company cancellations

The Company may cancel or reschedule a booking due to adverse weather, staff illness, equipment failure, or other circumstances beyond its reasonable control. The Company will inform the Client as soon as reasonably practical and will offer an alternative date. The Company will not be liable for any losses arising from such cancellations or rescheduling, but any deposit specifically relating to the cancelled appointment and not yet used for materials or labour will be returned or credited.

10. Quality of Service and Complaints

The Company aims to provide Services with reasonable care and skill, in line with appropriate industry practices. If the Client is dissatisfied with any aspect of the Services, the Client should raise the issue with the Company promptly, ideally within 48 hours of completion of the work, so that any concerns can be investigated.

The Company will, where appropriate and reasonably possible, rectify issues that arise directly from the performance of its Services. This may include returning to the Site to make good specific areas of concern. The Company is not responsible for deterioration of gardens, lawns or plants that occurs after completion of the work due to factors such as weather, pests, disease, lack of watering or other conditions outside the Company’s control.

11. Liability and Limitations

The Company will take reasonable care to avoid damage to property, plants and fixtures while carrying out the Services. The Client must highlight any particularly sensitive or valuable items at the Site before work begins.

To the fullest extent permitted by law, the Company’s total liability to the Client in respect of any claim arising out of or in connection with the Services or the Contract, whether in contract, tort, negligence or otherwise, will be limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.

The Company will not be liable for any indirect, consequential or economic loss, including loss of enjoyment, loss of profit or loss of amenity, whether arising from delays, cancellations, defects in plants or turf, or otherwise, except where such limitation is prohibited by law.

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

12. Insurance

The Company will maintain appropriate insurance cover for its business activities, including public liability insurance, in line with industry standards. Details of insurance cover can be provided upon reasonable request by the Client.

13. Intellectual Property and Use of Images

Any plans, designs, planting schemes, drawings or written proposals prepared by the Company remain the intellectual property of the Company unless otherwise agreed in writing. The Client is granted a licence to use such materials solely for the purpose of implementing the agreed Services at the Site.

The Company may, with the Client’s consent, take photographs of the Site before, during and after the Services for records and for use in its promotional materials. Any such use will respect reasonable privacy expectations and will not identify the Client by name without separate consent.

14. Data Protection and Privacy

The Company will collect and use personal information about the Client only as necessary to arrange and deliver the Services, manage bookings, issue invoices and comply with legal obligations. Personal data will be handled in accordance with applicable data protection laws in the United Kingdom.

The Company will not sell the Client’s personal data to third parties. Data may be shared with trusted partners or subcontractors solely for the purpose of providing the Services, processing payments or fulfilling legal or regulatory requirements.

15. Force Majeure

The Company will not be liable for any delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control. These may include extreme weather, flooding, storm damage, fire, acts of government, strikes, pandemics, transportation disruptions or failure of suppliers.

In such circumstances, the Company will use reasonable endeavours to resume Services as soon as reasonably possible.

16. Termination

Either party may terminate an ongoing maintenance arrangement by giving reasonable notice in writing, subject to any minimum term or notice period agreed at the outset. The Client must pay for all Services already provided and for any non-cancellable commitments made by the Company in reliance on the arrangement.

The Company may terminate the Contract with immediate effect if the Client persistently fails to provide access, does not pay amounts due, behaves abusively towards staff, or materially breaches these Terms and Conditions.

17. Variations to These Terms

The Company may update or amend these Terms and Conditions from time to time to reflect changes in law, industry practice or business operations. The applicable version will be the version in force at the time the Client’s booking is confirmed. Any significant changes will be communicated to Clients where reasonably practical.

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 parties 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 the Services provided by Gardeners Burroughs.

By booking Services with Gardeners Burroughs or allowing work to commence, the Client confirms that they have read, understood and agree to these Terms and Conditions.