Terms And Conditions

Gardeners Motspur Park Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Motspur Park provides gardening and related outdoor services to private and commercial clients in the United Kingdom. By making a booking, accepting a quotation, or allowing our gardeners to commence work at your property, you agree to be bound by these Terms and Conditions.

1. Definitions

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

Client means the person, company, or organisation requesting the services of Gardeners Motspur Park.

Company, we, us, our means Gardeners Motspur Park.

Services means gardening, garden maintenance, lawn care, planting, pruning, hedge cutting, soft landscaping, garden tidying, green waste handling, and any other work agreed in writing or as part of an accepted quotation.

Property means the outdoor areas, gardens, grounds, or premises at which the Services are to be provided.

Contract means the agreement between the Client and the Company for the provision of Services, incorporating these Terms and Conditions and any written quotation or confirmation.

2. Scope of Services

2.1 The Company provides a range of gardening services, including but not limited to routine garden maintenance, one-off garden clearance, lawn care, seasonal work, planting and replanting, and other non-structural garden improvements.

2.2 Any description of Services given in brochures, on websites, or in other promotional material is for general guidance only. The specific scope of work will be confirmed in a quotation or booking confirmation.

2.3 The Company does not undertake structural work, tree surgery requiring specialist certification, or any work that requires planning permission or building control approval, unless expressly agreed in writing and subject to relevant regulations.

2.4 The Client is responsible for ensuring that any work requested complies with local planning requirements, boundary rules, and any covenants or restrictions affecting the Property.

3. Booking Process

3.1 Bookings may be made by the Client by contacting the Company and providing details of the required Services and the Property. The Company may request photographs, measurements, or further information to provide an accurate quotation.

3.2 Following an enquiry, the Company may provide a written or verbal quotation setting out the indicative price, scope of Services, and any special conditions. Quotations are normally valid for a stated period, after which they may be subject to review.

3.3 A booking is deemed confirmed and a Contract formed once the Client has accepted the quotation or otherwise confirmed their agreement to proceed, and the Company has acknowledged the booking or attended the Property to begin work.

3.4 The Company reserves the right to refuse or cancel any booking where the requested work is outside our usual scope, appears unsafe, unlawful, or impractical, or where the Client has previously failed to comply with these Terms and Conditions.

3.5 For ongoing maintenance visits, the Company and Client may agree a regular schedule, such as weekly, fortnightly, or monthly visits. The agreed schedule shall form part of the Contract, subject to variations under clause 9.

4. Access to the Property

4.1 The Client shall provide safe and reasonable access to the Property at the agreed dates and times. This includes access to any side passages, gates, or shared areas required to reach the garden or outdoor space.

4.2 The Client shall ensure that the Property is free from hazards that could pose a risk to our gardeners, such as loose cables, unsecured dogs, broken glass, hazardous materials, or unstable structures. The Company may refuse to carry out work if it reasonably considers the conditions unsafe.

4.3 If our gardeners attend the Property but are unable to gain access or to start work due to circumstances within the Client’s control, the Company may charge a call-out fee or a proportion of the agreed service charge to cover time and travel costs.

4.4 The Client shall inform the Company in advance of any parking restrictions, access codes, or other practical issues that may affect our ability to provide the Services efficiently.

5. Client Responsibilities

5.1 The Client is responsible for providing electricity and water on site where reasonably required for the Services, unless otherwise agreed.

5.2 The Client must inform the Company of any hidden features or risks such as underground cables, irrigation systems, septic tanks, or areas prone to flooding. The Company will not be liable for damage to such features that were not disclosed.

5.3 The Client shall keep children and pets away from working areas while Services are being carried out and for any recommended period afterwards, particularly where lawn treatments, weed control, or other chemical applications have been used.

5.4 Where the Client provides materials such as plants, soil, or paving, the Client is responsible for their quality, suitability, and compliance with regulations.

6. Pricing and Quotations

6.1 Prices may be given on an hourly, daily, per-visit, or fixed-fee basis, depending on the nature of the work. The type of pricing applicable to the Services will be set out in the quotation or booking confirmation.

6.2 Quotations are based on information available at the time of issue. If the scope of work changes, additional work is requested, or unforeseen conditions arise, the Company reserves the right to revise the price. The Client will be informed of any material change in cost before additional work is carried out where reasonably practicable.

6.3 Where prices are given on an hourly or daily rate, the minimum charge and charging increments will be specified. Time spent travelling between multiple properties in a single booking may be included where applicable.

6.4 Prices are stated inclusive or exclusive of any applicable taxes as indicated in the quotation or invoice.

7. Payments and Invoicing

7.1 Payment terms will be confirmed in the quotation or booking confirmation. Unless otherwise stated, payment is due immediately on completion of the Services for one-off visits, and within the specified number of days from the invoice date for ongoing maintenance contracts.

7.2 The Company accepts payment by commonly available methods within the United Kingdom. Details of accepted payment methods will be provided on invoices or upon request.

7.3 The Company reserves the right to request a deposit or advance payment, particularly for larger projects or where materials must be purchased specifically for the Client. Deposits are normally non-refundable once materials have been ordered or work has commenced, subject to clause 10.

7.4 If the Client fails to make payment by the due date, the Company may charge interest on overdue amounts at the statutory rate and may suspend or cancel any further Services until payment is received in full.

7.5 All materials supplied remain the property of the Company until paid for in full, even if installed or placed at the Property.

8. Cancellations and Rescheduling

8.1 The Client may cancel or request to reschedule a booking by providing reasonable notice to the Company. The required notice period will be stated at the time of booking, taking into account the nature of the Services.

8.2 If the Client cancels a booking without providing the required notice, the Company may charge a cancellation fee to cover lost time and costs. For larger projects where a deposit has been paid, the Company may retain some or all of the deposit to cover materials and preparatory work.

8.3 The Company may need to reschedule or cancel Services due to adverse weather, staff illness, safety concerns, or circumstances beyond its control. The Company will seek to provide as much notice as reasonably possible and to arrange an alternative date. The Company shall not be liable for any loss arising from such rescheduling or cancellation, other than a refund of any advance payment for Services not provided.

8.4 Repeated cancellations or failure to allow access may entitle the Company to terminate an ongoing maintenance arrangement.

9. Changes to Services

9.1 The Client may request changes to the scope of Services. Where such changes are significant, the Company may issue a revised quotation and confirm any adjustment to timing and price before proceeding.

9.2 Where the Company identifies that the original specification is not suitable due to site conditions, plant health, access issues, or other factors, the Company will discuss alternative options with the Client. Any agreed variation will form part of the Contract.

9.3 The Company reserves the right to refuse changes which it reasonably considers unsafe, unlawful, or inconsistent with good horticultural practice.

10. Waste Handling and Environmental Regulations

10.1 The Company will comply with applicable UK regulations relating to the handling, carriage, and disposal of garden waste, soil, and other materials arising from the Services.

10.2 Unless otherwise agreed, the Client is responsible for the disposal of green waste, soil, rubble, and other materials generated during the work. Where the Client requests removal by the Company, an additional charge may apply, which will be confirmed in advance where practicable.

10.3 The Company may use licensed waste carriers or authorised facilities for disposal of waste removed from the Property. The Company cannot accept responsibility for any waste retained at the Property at the Client’s request.

10.4 The Company will not remove hazardous waste, including but not limited to asbestos, chemicals, contaminated soil, or sharps. If such materials are discovered, work may be suspended until the Client arranges safe removal by a specialist contractor.

10.5 The Company seeks to operate in an environmentally responsible manner, including encouraging composting, recycling of suitable materials, and sustainable plant choices where compatible with the Client’s requirements.

11. Quality of Work and Complaints

11.1 The Company aims to deliver Services with reasonable care and skill, consistent with good industry practice for gardening and outdoor maintenance in the United Kingdom.

11.2 If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, ideally within a short time of completion of the visit or project, so that any issues can be investigated and, where appropriate, remedied.

11.3 The Company may at its discretion revisit the Property to assess the work and, where a defect is attributable to the Company, carry out reasonable corrective work. This may not apply where the issue arises from subsequent weather conditions, misuse, lack of watering or care, pest or disease outbreak, or other factors beyond the Company’s control.

12. Liability and Insurance

12.1 The Company shall maintain appropriate public liability insurance in respect of damage or injury arising from the performance of the Services, subject to the policy terms and exclusions.

12.2 Subject to clause 12.4, the Company’s total liability to the Client in respect of any claim arising under or in connection with the Contract shall be limited to the total fees paid or payable for the specific Services giving rise to the claim.

12.3 The Company shall not be liable for indirect, consequential, or economic loss, including loss of enjoyment, loss of profits, loss of amenity, or loss of value of the Property, arising from or in connection with the Services.

12.4 Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury caused by negligence, for fraud, or for any other matter which cannot lawfully be excluded or limited under UK law.

12.5 The Client is responsible for removing or securing any valuable or fragile items in or near the working area. The Company shall not be liable for damage to items that could not reasonably have been anticipated or that were inadequately protected.

13. Plants, Lawns, and Living Materials

13.1 Where the Company supplies plants, turf, or similar living materials, their long-term performance depends on weather, soil conditions, pests, diseases, and ongoing care. The Company cannot guarantee survival or growth beyond what is reasonable in normal conditions, nor can it guarantee a specific appearance or rate of growth.

13.2 The Client is responsible for following any aftercare guidance provided by the Company, including watering, feeding, mowing, and protecting plants and lawns from extreme weather where possible.

14. Force Majeure

14.1 The Company shall not be in breach of the Contract or otherwise liable for any delay in performing or failure to perform its obligations where such delay or failure results from events beyond its reasonable control. These may include severe weather, flooding, drought restrictions, industrial disputes, transport disruption, or other events commonly described as force majeure.

14.2 In such circumstances, the Company may suspend Services for the duration of the event, or where appropriate agree revised dates or scope with the Client.

15. Termination

15.1 Either party may terminate an ongoing maintenance arrangement by giving the period of notice specified in the original agreement or, if none is specified, reasonable notice in writing.

15.2 The Company may terminate the Contract with immediate effect where the Client commits a serious or persistent breach of these Terms and Conditions, fails to make payment when due, or engages in abusive or unsafe behaviour toward our staff.

15.3 Upon termination, the Client shall pay for all Services provided up to the date of termination and for any materials specially ordered that cannot reasonably be cancelled or reused.

16. Data Protection and Privacy

16.1 The Company will collect and use the Client’s personal information only as necessary to manage bookings, provide Services, issue invoices, and comply with legal obligations.

16.2 Client details will be kept securely and will not be sold to third parties. They may be shared with trusted subcontractors or suppliers solely where required to deliver the agreed Services.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions and any Contract between the Client and the Company shall be governed by and construed in accordance with the laws of England and Wales.

17.2 The courts of England and Wales shall have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with the Contract, save that the Company retains the right to bring proceedings to recover unpaid fees in any other court of competent jurisdiction.

18. General Provisions

18.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.2 No failure or delay by the Company in exercising any right or remedy shall constitute a waiver of that or any other right or remedy.

18.3 The Client may not assign or transfer their rights or obligations under the Contract without the prior written consent of the Company. The Company may assign or subcontract its rights and obligations where this does not materially reduce the level of Service.

18.4 These Terms and Conditions, together with any quotation or written confirmation, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior representations or understandings.