020 3744 3778Gardeners Cubitt Town Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Cubitt Town provides gardening and related services within its service area in the United Kingdom. By booking or using any of our services, 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:
Client means the person, company or organisation requesting or receiving services from Gardeners Cubitt Town.
Company means Gardeners Cubitt Town, the gardening service provider.
Services means all gardening, maintenance, lawn care, planting, hedge trimming, clearance, soft landscaping, and any other related services provided by the Company.
Visit means each individual attendance of the Company or its representatives at the Client’s property to carry out the Services.
Property means the address, garden, grounds or outdoor space where the Services are to be carried out.
Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation or booking confirmation.
2. Scope of Services
The Company provides domestic and commercial gardening and maintenance services within its operating area. The precise scope of the Services for each Client will be set out in a quotation, booking confirmation or written description agreed between the parties.
Any additional tasks requested on site that fall outside the agreed scope may be chargeable at the Company’s standard rates and will only be undertaken subject to staff availability and the Client’s acceptance of any additional charges.
The Company reserves the right to decline work that it considers unsafe, unsuitable, beyond the capability of the assigned team or outside the normal scope of gardening services.
3. Booking Process
3.1 Requests for services
Clients may request a quotation or make a service enquiry by contacting the Company through its accepted communication channels. The Client should provide accurate information about the Property, access arrangements, and the required Services.
3.2 Quotations
Where appropriate, the Company may provide an estimate or a fixed quotation. Quotations are based on the information supplied by the Client and, where relevant, an assessment of the Property. If the information provided is incomplete or inaccurate, the Company reserves the right to revise the quotation.
3.3 Acceptance of booking
A booking is confirmed when the Client has accepted a quotation or price and the Company has acknowledged and confirmed the Visit date or ongoing service schedule. The Agreement comes into effect on this confirmation.
3.4 Regular maintenance schedules
For regular gardening or maintenance contracts, the Company will agree a provisional schedule of Visits. These dates may be subject to change due to weather conditions, staff availability, seasonal variations or public holidays. The Company will take reasonable steps to notify the Client of any changes.
4. Access and Client Responsibilities
The Client must ensure that the Company and its staff or subcontractors have safe and reasonable access to the Property at the agreed time. Gates, side entrances and any necessary internal access should be available, and any access codes or special instructions communicated in advance.
If the Company is unable to gain access, or if the Property is not in a suitable condition for the Services to be carried out, the Visit may be cancelled or curtailed and a call-out or cancellation fee may apply.
The Client is responsible for informing the Company of any hazards at the Property, such as loose paving, unsafe structures, aggressive animals, or any other risks that could affect health and safety. Pets and children must be kept away from machinery and work areas during Visits.
5. Pricing and Payments
5.1 Prices
Prices for the Services will be quoted either as an hourly rate, a fixed price per Visit, or a fixed price for a specific project. All prices are stated in pounds sterling and, unless otherwise stated, are exclusive of any applicable taxes or levies.
5.2 Payment terms
Payment is due in accordance with the terms specified in the quotation or invoice. Unless otherwise agreed in writing, payment is typically due on completion of each Visit or within the stated invoice period.
The Company accepts commonly used payment methods available in the UK. The available methods will be communicated to the Client at the time of booking or on the invoice.
5.3 Late payment
If payment is not received by the due date, the Company reserves the right to charge interest on outstanding amounts, suspend further services, or cancel future Visits. The Company may also recover reasonable costs incurred in pursuing overdue payments.
5.4 Deposits and advance payments
For larger projects, seasonal work or orders involving significant materials or waste disposal, the Company may require a deposit or advance payment before starting the Services. This will be stated in the quotation or booking confirmation.
6. Cancellations and Amendments
6.1 Client cancellations
If the Client wishes to cancel or reschedule a Visit, the Client must provide reasonable notice. The minimum notice period required will be specified at the time of booking or in the ongoing service agreement.
Where insufficient notice is given, the Company reserves the right to charge a cancellation fee, which may be up to the full cost of the scheduled Visit, particularly where staff have already been allocated or are en route.
6.2 Company cancellations
The Company reserves the right to cancel or reschedule a Visit due to adverse weather conditions, staff illness, equipment failure, safety concerns, or other circumstances beyond its reasonable control. The Company will make reasonable efforts to notify the Client as soon as possible and arrange a new date.
The Company will not be liable for any loss, damage, or inconvenience arising from such cancellations or rescheduling, provided that the Company acts reasonably and in good faith.
6.3 Amendments to services
If the Client wishes to change the type or extent of the Services, this must be agreed with the Company in advance where possible. The Company may adjust the price accordingly and may need to reschedule the Visit to allow sufficient time and resources.
7. Weather and Seasonal Conditions
Gardening work is affected by weather and seasonal factors. Certain tasks may not be possible or advisable in extreme weather, very wet conditions, or during unsuitable times of year. The Company will exercise professional judgment in deciding whether or how to proceed with Services in such circumstances.
If weather conditions prevent the completion of all planned work, the Company may carry out alternative suitable tasks where possible, or reschedule the remaining work to another date.
8. Materials, Plants and Equipment
8.1 Materials and plants
Where the Company supplies plants, turf, soil, compost, mulch, or other materials, the type and quality will be as described in the quotation or as reasonably equivalent. Natural materials and living plants may vary in appearance and performance due to factors beyond the Company’s control.
The Client is responsible for following any aftercare instructions provided for plants, turf and treated areas, such as watering, mowing and protection from pests. The Company cannot guarantee the survival or performance of plants or turf where aftercare has not been followed or where external factors interfere.
8.2 Equipment
The Company will supply all usual machinery and tools required for the Services, unless otherwise agreed. The Client must not use or interfere with the Company’s equipment. If the Client requests the use of their own equipment, this is entirely at the Client’s risk, and the Company accepts no responsibility for any damage to or malfunction of such equipment.
9. Waste Handling and Environmental Regulations
9.1 Green waste
As part of gardening and clearance work, green waste such as grass cuttings, leaves, branches and prunings may be generated. The handling of such waste will be agreed in advance. Options may include leaving green waste neatly arranged on site for the Client’s composting or disposal, placing it in the Client’s garden waste bins, or removing it from the Property for disposal.
Where the Company agrees to remove green waste, an additional charge may apply, which will be stated in the quotation or invoice.
9.2 Non-green waste
Non-green waste such as rubble, old fencing, plastics, metals, or general rubbish is subject to stricter regulations. The Company may not be able to remove such waste unless this has been specifically agreed and priced. The Client remains responsible for the lawful disposal of any waste not explicitly included in the Services.
9.3 Compliance with regulations
The Company will handle and dispose of any waste it removes in accordance with applicable UK environmental and waste management regulations. The Client agrees not to request or permit the Company to dispose of waste unlawfully or in breach of local regulations.
10. Health and Safety
The Company is committed to operating in a safe manner and complying with relevant UK health and safety legislation. The Client agrees to cooperate with the Company in maintaining a safe working environment at the Property.
The Client must keep pathways, access routes and work areas reasonably clear of obstacles. The Client must notify the Company of any underground services, cables or pipes that could be affected by digging or other works.
The Company reserves the right to stop work if it considers that continuing would pose an unacceptable risk to health or safety.
11. Liability and Insurance
11.1 Company liability
The Company will exercise reasonable care and skill in providing the Services. If the Company is found to be at fault, its liability will be limited to the cost of supplying the relevant Services again or, where appropriate, the reasonable cost of repair or replacement of damaged property.
The Company will not be liable for any indirect, consequential or economic losses, including loss of enjoyment, loss of profit, loss of opportunity, or loss of business arising out of or in connection with the Services.
11.2 Exclusions
The Company is not liable for damage or loss resulting from:
Existing defects at the Property or in any structures, plants or installations.
Failure by the Client to follow advice or aftercare instructions.
Events beyond the Company’s reasonable control, including weather, pests, disease, subsidence or acts of third parties.
Damage caused by the use of the Client’s own tools, machinery or materials.
11.3 Insurance
The Company maintains appropriate public liability insurance for the Services it provides. Details can be made available to the Client on reasonable request.
12. Complaints and Quality of Service
If the Client is dissatisfied with any aspect of the Services, the Client should contact the Company as soon as possible, ideally within a reasonable time of the Visit. The Company will review the matter and, where appropriate, may arrange a revisit, corrective work or other resolution.
The Client must allow the Company an opportunity to inspect and, where reasonable, to remedy any alleged defect before arranging third-party repairs or remedial works. The Company is not responsible for costs incurred without its prior written agreement.
13. Data Protection and Privacy
The Company may collect and store personal data about Clients, such as names, addresses, and service details, for the purposes of managing bookings, providing Services, issuing invoices and complying with legal obligations.
The Company will handle personal data in accordance with applicable UK data protection laws and will only share such data where necessary for delivering Services, processing payments, or where required by law.
14. Termination of Ongoing Services
For regular maintenance agreements, either party may terminate the ongoing arrangement by giving reasonable notice, as specified in the service agreement or as otherwise agreed. Any Visits already booked or work already commenced will remain payable.
The Company may terminate the Agreement with immediate effect if the Client persistently fails to pay invoices, obstructs the performance of the Services, or breaches these Terms and Conditions in a significant way.
15. Amendments to Terms and Conditions
The Company may update or amend these Terms and Conditions from time to time. The latest version will apply to new bookings and, where reasonable, to ongoing services after the Client has been informed of the changes.
16. 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 Cubitt Town.
By proceeding with a booking or allowing work to commence, the Client confirms that they have read, understood and agree to be bound by these Terms and Conditions.
