Gardeners Tolworth Terms and Conditions

These Terms and Conditions set out the basis on which gardening and related outdoor maintenance services are provided by Gardeners Tolworth. By making a booking, confirming an order, or allowing work to begin, the customer agrees to these terms. They are designed to explain how bookings are accepted, how payments are handled, what happens if plans change, and how liability is managed. They also explain the approach taken to waste removal and the legal framework that applies to the services provided.

In these Terms, references to “we”, “us”, and “our” mean the service provider trading as Gardeners Tolworth. References to “you” and “your” mean the customer, client, or person placing the booking. These terms apply to all gardening services supplied, whether for one-off work or recurring maintenance, and whether the work involves light garden care, pruning, lawn maintenance, clearance, planting, or similar outdoor tasks.

We aim to provide a clear and fair service. However, because gardening work can be affected by weather, access, seasonal growth, site conditions, and plant health, some outcomes may vary. These terms help ensure that both parties understand what is included in the service and what is outside our control. Nothing in these Terms affects your statutory rights as a consumer under UK law.

1. Booking Process

Bookings for gardening services in Tolworth may be made by telephone, email, online enquiry form, or any other booking method we make available from time to time. A booking request is not a confirmed appointment until it has been accepted by us. We may ask for details about the size of the garden, the type of work requested, access arrangements, any waste disposal requirements, and any special conditions that may affect the work.

Once we have reviewed the request, we may provide an estimate, quote, or service proposal. Any quotation is usually based on the information supplied by you and may be adjusted if the actual site conditions differ from the information provided. If a site visit is needed before confirmation, the appointment may remain provisional until we have carried out that assessment. We reserve the right to decline a booking where the work falls outside our service scope, where safe access cannot be arranged, or where the requested job is unsuitable for the equipment or team available.

When a booking is accepted, we may confirm the scheduled date, expected duration, scope of work, and any agreed price basis. Garden maintenance services may be scheduled as a one-off visit or as part of an ongoing arrangement. It is your responsibility to ensure that the garden and the area of work are reasonably accessible on the agreed date and time. If access is not available, we may treat the visit as cancelled at short notice and charge a call-out or cancellation fee where permitted by these Terms.

2. Service Scope and Customer Responsibilities

We will carry out the agreed gardening tasks with reasonable skill and care, using suitable tools and standard horticultural practices. Unless specifically agreed in writing, our services do not include structural landscaping, tree surgery requiring specialist qualifications, work involving dangerous heights, pest control requiring licensed treatment, or the removal of hazardous substances. If you request additional work during the visit, it may be treated as a variation and may affect the final price and completion time.

You must make sure that any pets are secured, fragile items are removed from working areas, and children or visitors are kept away from the immediate work zone during service delivery. You are also responsible for informing us of any underground services, hidden hazards, unstable surfaces, protected wildlife activity, or other issues that may affect the safety of the work. If we discover conditions that were not disclosed and that create a risk to people, property, or equipment, we may suspend or modify the service.

For recurring garden care arrangements, we may adjust the timing of work to reflect growth patterns, weather, or seasonal requirements. While we will always aim to attend on time, arrival times may be approximate. Minor delays caused by traffic, weather, or earlier jobs do not normally constitute a breach of contract. If significant changes are needed to the booked service, we will usually seek your agreement before proceeding, where reasonably practicable.

3. Payments, Fees, and Invoicing

Prices may be given as a fixed quote, hourly rate, day rate, or an agreed price for a regular service. Unless stated otherwise, all prices are in pounds sterling and may be subject to VAT where applicable. A fixed quote remains valid only for the period stated in the quotation. If no validity period is mentioned, the quote may be withdrawn or revised if the scope changes, materials become more expensive, or there is a delay in acceptance.

Payment terms will be confirmed at the time of booking or on the invoice. We may require full or partial payment in advance for certain jobs, including larger projects, special order materials, or first-time appointments. For other services, payment may be due immediately after completion or within a stated number of days from the invoice date. Unless otherwise agreed, payment must be made in full without deduction or set-off.

We reserve the right to charge for additional work carried out at your request, for extra time caused by inaccurate information, and for any materials purchased on your behalf. If payment is overdue, we may charge interest and reasonable recovery costs to the extent permitted by law. We also reserve the right to suspend future work until outstanding balances are cleared. Any discount or promotional offer applies only according to its stated conditions and cannot be transferred unless we agree otherwise.

4. Cancellations, Rescheduling, and Missed Appointments

If you need to cancel or reschedule a booking, you should tell us as soon as possible. Notice given in good time allows us to rearrange staffing and reduce wasted time. For standard bookings, a cancellation made with reasonable notice may not attract a fee, but where we have already incurred costs, reserved a team, purchased materials, or travelled to site, we may charge a fair cancellation amount.

If you cancel close to the agreed appointment time, or if we are unable to complete the work because access is unavailable, you may be charged a late cancellation or call-out fee. The amount may depend on the duration of the scheduled job, the distance travelled, and any costs already incurred. If weather conditions make it unsafe or impractical to carry out the work, we may reschedule the appointment without liability for delay. In such cases, we will try to offer an alternative date.

Where a recurring gardener service is arranged, either party may end the arrangement by giving reasonable notice, unless a different notice period has been agreed in writing. If the service is terminated, you remain liable for any work completed, materials supplied, or waste removed before the termination date. Any pre-paid amounts will be handled in accordance with the service delivered and any valid cancellation rights that may apply.

5. Liability and Limits of Responsibility

We will take reasonable care when working on your property, but gardening work can involve risks that are not entirely avoidable. We are not responsible for pre-existing defects, hidden damage, unstable walls, buried pipes, faulty fixtures, weak paving, or plants that were already diseased, stressed, or dying before we arrived. We also do not accept liability for outcomes caused by weather, drought, frost, pests, seasonal change, or other natural conditions beyond our control.

Our liability for direct loss or damage caused by our negligence will be limited to the reasonable cost of repair or replacement, subject to the limits permitted by law. We do not exclude liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot legally be excluded. We will not be liable for indirect or consequential loss, loss of profit, loss of enjoyment, or any loss arising from your failure to comply with these Terms.

If you believe damage has been caused during a service visit, you must notify us promptly and provide reasonable details so that we can investigate. You should take steps to prevent further damage where appropriate. Any claim may be reduced where the loss was contributed to by your own act, omission, or failure to provide accurate information. The same applies if you asked us to proceed despite being warned of a risk.

6. Waste Regulations and Disposal

When waste removal is included in a garden maintenance or clearance service, it will be handled in accordance with applicable UK waste rules. Green waste such as grass cuttings, hedge trimmings, leaves, and small branches may be collected and transported for lawful disposal or recycling. We may separate recyclable or compostable waste where practicable. Any waste handling charge will usually be confirmed in advance or added to the invoice if it forms part of an agreed service.

We will not remove hazardous waste unless this has been expressly agreed and we are legally able to do so. Hazardous waste may include asbestos, chemicals, solvents, oil, paint, contaminated soil, clinical waste, sharps, gas cylinders, or any material that requires specialist disposal arrangements. If such items are discovered, we may leave them in place, suspend the work, or request that you arrange specialist removal. You must disclose any known hazardous materials before the job begins.

You agree that all waste removed as part of the service may be transported to an authorised facility, transfer station, recycling centre, or other lawful disposal location. If you request that waste be left on site, you accept responsibility for its secure storage and lawful handling after we depart. We may refuse to handle waste where we believe disposal would breach legal duties, environmental rules, or health and safety requirements.

7. Access, Site Conditions, and Delays

To provide the service safely and efficiently, you must ensure that we have reasonable access to the property and the areas requiring work. This includes unlocking gates, providing any necessary entry instructions, and ensuring that the working area is free from avoidable obstruction. If access is difficult, restricted, or unsafe, we may not be able to complete the booking as planned.

We are not responsible for delay or failure to perform where caused by events outside our reasonable control, including severe weather, accidents, transport disruption, illness, equipment breakdown, strikes, supply shortages, or legal restrictions. If such an event continues for a significant period, either party may have the right to suspend or cancel the affected service. Where possible, we will notify you and arrange a revised date.

Some jobs may require us to pause work while you confirm instructions, approve additional charges, or remove obstacles from the site. If delays caused by your side increase the time needed to complete the job, we may charge extra in line with the original pricing basis. We will always aim to keep such adjustments fair and proportionate.

8. Complaints, Changes, and Termination

If you are unhappy with any part of the service, you should tell us within a reasonable time so that we can investigate and, where appropriate, put matters right. Complaints should be made clearly and with enough detail for us to assess what happened. If a problem can be remedied by revisiting the site or carrying out minor corrective work, we may offer that option before discussing any other resolution.

We may update these Terms from time to time to reflect changes in our services, prices, operational needs, or legal obligations. The version in force at the time of your booking will normally apply to that booking unless a change is required by law. If a customer acts abusively, refuses to pay, repeatedly interferes with safe working, or otherwise makes performance impractical, we may end the service arrangement immediately or with reasonable notice.

Any termination does not affect rights and obligations that are intended to survive, including payment for work already completed, liability limits, and any provisions relating to waste, legal compliance, or dispute handling. If any part of these Terms is found to be unenforceable, the remaining sections will continue in full force to the extent permitted by law.

9. Governing Law

These Terms and any dispute or claim arising from them, whether contractual or non-contractual, are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, except where consumer law provides otherwise. Any interpretation of these Terms will be made in accordance with UK legislation applicable to service contracts, consumer rights, liability, and waste handling.

By booking a service with Gardeners Tolworth, you confirm that you have read and understood these Terms and Conditions. They are intended to provide a balanced framework for the supply of gardening work, payment arrangements, cancellation rules, legal compliance, and responsibility for risks that may arise during outdoor maintenance services. If there is any conflict between these Terms and a written quote or service agreement, the written document will normally prevail only to the extent of that specific conflict.