Gardeners Monken Hadley Terms and Conditions

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

1. Definitions

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

Customer means the individual, company or organisation booking or receiving services from Gardeners Monken Hadley.

Services means any gardening, garden maintenance, landscaping, clearance, planting, lawn care or related work provided by Gardeners Monken Hadley.

Agreement means the contract between the Customer and Gardeners Monken Hadley incorporating these Terms and Conditions and any written or verbal service quotation or confirmation.

Site means the garden, land or property where the Services are to be carried out.

2. Scope of Services

Gardeners Monken Hadley provides a range of gardening and outdoor maintenance services within its operating area. The exact scope of Services will be agreed with the Customer at the time of booking or quotation. Any description of Services given verbally or in writing is intended to set out the work that will be undertaken, but minor variations may occur where necessary to achieve a similar result or due to conditions on the Site.

Gardeners Monken Hadley reserves the right to decline work that it reasonably considers unsafe, unsuitable, unlawful, or beyond the scope of its expertise or available equipment.

3. Booking Process

3.1 Bookings may be made by the Customer through any contact method offered by Gardeners Monken Hadley from time to time. By placing a booking request, the Customer confirms that they are over 18 years of age and authorised to request Services at the Site.

3.2 A booking will not be treated as confirmed until Gardeners Monken Hadley has accepted it, either verbally or in writing, and provided a date or time window for attendance, subject to availability and access to the Site.

3.3 For certain Services, Gardeners Monken Hadley may provide a quotation based on information supplied by the Customer, including photographs, measurements and descriptions. Where an on-site visit is required to prepare a quotation, this will be arranged with the Customer in advance.

3.4 Quotations are normally valid for a limited period from the date of issue, as stated when given. If no validity period is stated, quotations will be valid for 30 days. After that time, Gardeners Monken Hadley may revise or withdraw the quotation.

3.5 Any times or dates for attendance are estimates and subject to change due to weather, traffic, access problems, staff availability or other factors beyond Gardeners Monken Hadley’s reasonable control. Gardeners Monken Hadley will use reasonable endeavours to inform the Customer of delays or the need to reschedule.

4. Customer Obligations

4.1 The Customer must ensure that Gardeners Monken Hadley has safe and reasonable access to the Site at the agreed dates and times, including any codes, keys or instructions needed to gain entry.

4.2 The Customer is responsible for informing Gardeners Monken Hadley of any hazards, restrictions, underground services, fragile structures, protected trees, or other relevant information about the Site before work begins.

4.3 The Customer must ensure that pets, children and other persons are kept away from the areas where work is being carried out, and that vehicles and personal items are moved where necessary to permit access and avoid damage.

4.4 If the Customer fails to provide adequate access or information and this prevents or significantly hinders the provision of Services, Gardeners Monken Hadley may treat the visit as a cancellation by the Customer and apply the relevant charges.

5. Pricing and Quotations

5.1 Prices for Services may be quoted as fixed prices, hourly or daily rates, or on another agreed basis. All prices will be communicated to the Customer before work is undertaken, except where additional work is requested during a visit.

5.2 Quotations are given on the assumption that the information provided by the Customer is accurate and that conditions on the Site match what has been described. If, upon arrival, the work required is significantly different or more extensive than reasonably anticipated, Gardeners Monken Hadley may revise the price or refuse to carry out the additional work.

5.3 Where Services are carried out on a time basis, the amount charged will be based on the actual time spent on Site, rounded in reasonable increments. Travel and loading or unloading time may also be included where applicable.

5.4 Any changes to the agreed Services requested by the Customer may result in a revised price, which will be agreed with the Customer before additional work is undertaken where reasonably possible.

6. Payments and Invoices

6.1 Payment terms will be confirmed at the time of booking or quotation. Unless otherwise agreed, payment is due upon completion of the Services on the day of the visit, or within the period stated on any invoice.

6.2 Gardeners Monken Hadley may accept various payment methods. Details of accepted methods will be provided to the Customer. The Customer is responsible for ensuring that payment is made in full and on time.

6.3 For larger projects, Gardeners Monken Hadley may require a deposit or staged payments. The amount and timing of such payments will be specified in the quotation or order confirmation. Work may be delayed or suspended if deposits or interim payments are not received when due.

6.4 If the Customer fails to pay any amount by the due date, Gardeners Monken Hadley reserves the right to charge interest on the overdue sum at the statutory rate allowed under UK law and to recover all reasonable costs of collection.

7. Cancellations and Rescheduling

7.1 The Customer may cancel or request to reschedule a booking by giving reasonable notice to Gardeners Monken Hadley. Specific notice periods and charges may be applied depending on the nature of the Services.

7.2 For standard maintenance visits, Gardeners Monken Hadley generally requires at least 24 hours notice of cancellation or rescheduling. Where less than 24 hours notice is given, Gardeners Monken Hadley reserves the right to charge a cancellation fee, which may be up to the full estimated cost of the scheduled visit.

7.3 For larger projects or work requiring significant preparation, materials or hiring of equipment, longer notice periods may apply, as specified in the quotation or booking confirmation. Failure to provide the required notice may result in the loss of any deposit and the charging of additional costs reasonably incurred.

7.4 Gardeners Monken Hadley may cancel or reschedule a booking where it is unable to attend due to circumstances beyond its control, such as severe weather, illness, accidents, traffic disruption, equipment failure, or safety concerns at the Site. In such cases, Gardeners Monken Hadley will seek to offer an alternative date but will not be liable for any losses arising from the change.

8. Materials, Plants and Equipment

8.1 Where Gardeners Monken Hadley supplies materials, plants, turf, compost or other goods as part of the Services, ownership of those items will usually pass to the Customer upon full payment. Risk in the items will pass to the Customer upon delivery to the Site.

8.2 Gardeners Monken Hadley will use reasonable care in selecting suitable materials and plants, taking into account the Customer’s instructions and the conditions on the Site. However, growth and performance of plants depend on many external factors, including weather, pests, diseases and aftercare, and cannot be guaranteed.

8.3 The Customer is responsible for the ongoing care, watering and maintenance of plants and lawns after completion of the Services, unless a separate maintenance arrangement has been agreed.

8.4 All tools, machinery and equipment brought to the Site by Gardeners Monken Hadley remain its property. The Customer must not use, move or tamper with such equipment without permission and must take reasonable steps to avoid damage or loss.

9. Garden Waste and Waste Regulations

9.1 As part of the Services, Gardeners Monken Hadley may generate garden waste such as cuttings, branches, soil, turf and other green waste. The handling of such waste will be specified at the time of booking or quotation.

9.2 Where agreed, Gardeners Monken Hadley can remove garden waste from the Site in accordance with applicable UK waste regulations. Additional charges may apply based on volume, weight or disposal fees.

9.3 If waste removal is not included, garden waste will be left in a designated area on the Site for the Customer to dispose of. It is the Customer’s responsibility to ensure that any waste they handle or arrange to be collected is disposed of lawfully.

9.4 Gardeners Monken Hadley will not remove or handle hazardous waste, such as asbestos, chemicals, contaminated soil, or items subject to special disposal rules. If such materials are discovered, Gardeners Monken Hadley may stop work and request that the Customer arranges safe removal by a licensed contractor.

10. Health and Safety

10.1 Gardeners Monken Hadley will carry out the Services in a manner that is, as far as reasonably practicable, safe for its staff, the Customer and any other persons on or near the Site. The Customer agrees to cooperate with all reasonable health and safety requests.

10.2 The Customer must not instruct Gardeners Monken Hadley to carry out any work that is unsafe, unlawful or beyond the capability of the equipment being used. Gardeners Monken Hadley may decline such instructions and, if necessary, cease work.

11. Liability and Insurance

11.1 Gardeners Monken Hadley will exercise reasonable skill and care in providing the Services. If the Customer believes the Services have not been carried out with reasonable care, they must notify Gardeners Monken Hadley as soon as practicable, and in any event within a reasonable time after completion.

11.2 If Gardeners Monken Hadley is found to be at fault, its liability will, as far as permitted by law, be limited at its option to re-performing the Services or refunding the price paid for the relevant part of the Services.

11.3 Gardeners Monken Hadley does not exclude or limit its liability for death or personal injury caused by its negligence, for fraud, or for any other liability that cannot lawfully be excluded or limited.

11.4 Subject to the above, Gardeners Monken Hadley will not be liable for any indirect, consequential or economic loss, loss of profit, loss of enjoyment or loss of opportunity arising from or in connection with the Services or the Agreement.

11.5 Gardeners Monken Hadley will not be responsible for damage to underground pipes, cables or other services, or to structures or items on the Site, where it has not been properly informed of their location, or where such damage could not reasonably have been anticipated.

11.6 Gardeners Monken Hadley maintains appropriate insurance cover for its operations as required by UK law and in accordance with industry practice.

12. Complaints and Service Issues

12.1 If the Customer has any concerns about the Services, they should raise them with Gardeners Monken Hadley promptly so that any issues can be investigated and, where appropriate, remedied.

12.2 The Customer should provide as much detail as possible about the concern, including dates, areas of the Site affected and any supporting information or photographs. Gardeners Monken Hadley may need to visit the Site to assess the issue.

13. Data Protection and Privacy

13.1 Gardeners Monken Hadley will collect and use personal information about the Customer only to the extent necessary to manage bookings, provide Services, issue invoices, handle enquiries and comply with legal obligations.

13.2 Customer information will be stored securely and will not be sold to third parties. Information may be shared with trusted suppliers or subcontractors where necessary to deliver the Services, subject to appropriate confidentiality and data protection safeguards.

14. Variation of Terms

14.1 Gardeners Monken Hadley may update or amend these Terms and Conditions from time to time. The version in force at the time of booking will normally apply to that booking, unless changes are required by law or agreed with the Customer.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions, and any Agreement between the Customer and Gardeners Monken Hadley, are governed by and construed in accordance with the laws of England and Wales.

15.2 Any dispute arising out of or in connection with the Agreement or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales, although Gardeners Monken Hadley retains the right to bring proceedings against the Customer in any other court of competent jurisdiction.

16. General Provisions

16.1 If any provision of these Terms and Conditions is held by a court to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.2 No failure or delay by Gardeners Monken Hadley in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy, and any waiver must be in writing.

16.3 The Agreement is between Gardeners Monken Hadley and the Customer. No other person shall have any rights under the Contracts Rights of Third Parties Act 1999 to enforce any term of the Agreement.

16.4 These Terms and Conditions, together with any quotation or service confirmation, constitute the entire agreement between the parties in relation to the Services and supersede any previous agreements or understandings, whether written or oral.