Gardeners Nag's Head Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Nag's Head provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions. Please read them carefully before confirming any services.

Definitions

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

Gardeners Nag's Head, we, us, our means the gardening business trading under the name Gardeners Nag's Head.

Client, you, your means the person, company, or organisation requesting or receiving the services.

Services means any gardening, horticultural, landscaping, maintenance, clearance, planting, lawn care, hedge cutting, pruning, or other work carried out by us, whether on a one-off or recurring basis.

Site means the garden, grounds, or premises at which the Services are to be performed.

Agreement means the contract between you and us for the supply of Services, incorporating these Terms and Conditions and any written quotation or confirmation provided by us.

Scope of Services

We provide a range of gardening and garden maintenance services, which may include but are not limited to lawn mowing, edging, hedge trimming, border maintenance, weed control, planting, pruning, garden clearance, and general tidy-up work. The precise scope of Services for any particular booking will be as described in our quotation or booking confirmation.

Any additional work requested by you that falls outside the agreed scope may be chargeable at our prevailing rates and will be subject to our agreement and availability.

Booking Process

You may request Services by contacting us and providing details of the Site, the type of work required, and any preferred dates or times. We may arrange a visit or request photographs or descriptions of the garden in order to assess the work required.

Following your enquiry, we may provide either a fixed quotation or an estimate, depending on the information available and the nature of the work. A quotation is a fixed price offer, subject to the assumptions stated in it. An estimate is an indication of likely cost and may be adjusted based on the actual conditions encountered.

Your booking will be confirmed when we issue a written confirmation or when we accept your instructions by mutual agreement. We reserve the right to decline any booking.

Any timeframes or dates for starting or completing the Services are estimates and not guaranteed, although we will use reasonable endeavours to adhere to agreed schedules.

Access to the Site

You must ensure that we have safe and reasonable access to the Site at the times agreed for the Services. This includes access to gates, paths, and any areas where work is to be carried out, as well as access to electricity and water supply where needed for the work.

If we are unable to access the Site or required areas due to locked gates, obstructions, hazards, or other issues, we may at our discretion charge a call-out fee, and we may need to reschedule the Services. Any additional cost incurred due to lack of access will be your responsibility.

You are responsible for informing us of any specific Site conditions, such as underground services, hidden cables, irrigation systems, or any areas of the garden that require special care or are subject to restrictions.

Client Obligations

You agree to:

Provide accurate and complete information regarding the Site and the required Services.

Ensure that pets, children, and other persons are kept away from the immediate work areas while Services are being performed.

Notify us of any known hazards, allergies, or sensitivities that may be relevant to the use of gardening tools, machinery, or products.

Comply with any reasonable instructions or safety guidance provided by us while work is in progress.

Obtain any permissions, consents, or approvals that may be required for the Services, including where applicable permissions from neighbours, landlords, or management companies.

Pricing and Quotations

Prices for our Services will be as set out in our quotation, estimate, or written confirmation. Prices are generally based on factors such as the size and condition of the garden, ease of access, type of work required, time on site, materials used, and frequency of visits for ongoing maintenance.

Where a quotation has been provided, it will remain valid for acceptance for a limited period stated in the quotation or, if not stated, for 30 days from the date of issue. After this period, we may revise the quotation.

We reserve the right to adjust our prices if the information provided by you is inaccurate or incomplete, if Site conditions are materially different from those described, or if you request changes to the agreed scope of work.

Materials and Plants

Where our Services include the supply of materials, plants, soils, mulches, or other horticultural products, ownership of those items will pass to you upon payment in full of the relevant invoice.

We will select materials and plants with reasonable skill and care and will seek to use suitable and healthy stock. However, living plants are subject to natural variation, seasonal effects, and factors beyond our control once planted, so we cannot guarantee survival, growth rate, or the long-term performance of any plantings.

Any plant care guidance we provide is for general information. You are responsible for the ongoing care, watering, feeding, and maintenance of plants unless otherwise expressly agreed in writing as part of a regular maintenance service.

Payments and Invoicing

Payment terms will be stated in our quotation or confirmation. Unless otherwise agreed, payment for one-off jobs is due on completion of the Services, and payment for ongoing maintenance may be due after each visit or monthly in arrears.

We may request a deposit or part payment in advance, particularly for larger projects or where we are required to purchase materials or plants. Deposits are normally non-refundable once materials have been ordered or allocated.

We accept various forms of payment, which may include bank transfer, card payment, or other methods agreed between you and us from time to time. Cash payments may be accepted by prior arrangement, subject to any applicable limits and legal requirements.

If payment is not received by the due date, we reserve the right to charge interest on overdue amounts at the statutory rate and to suspend or cancel further Services until the outstanding sums are paid in full.

Cancellations and Rescheduling

You may cancel or reschedule a booking by giving us reasonable notice. Unless otherwise agreed, we ask that you provide at least 48 hours notice for cancellation or rescheduling of standard maintenance visits, and at least 7 days notice for larger one-off projects.

If you cancel or reschedule with less than the required notice, we may charge a cancellation fee, which may be up to the full value of the scheduled visit, especially where we have allocated time, labour, or materials specifically for your booking.

We may need to cancel or reschedule Services due to adverse weather, staff availability, health and safety concerns, or other circumstances beyond our control. In such cases we will contact you as soon as reasonably possible to arrange an alternative date. We will not be liable for any loss arising from such cancellations or delays, but you will not be charged for Services that are not carried out.

Health, Safety, and Weather Conditions

We will perform the Services with reasonable skill and care and in accordance with applicable health and safety requirements. Our staff will use appropriate equipment and protective gear suitable for the tasks being undertaken.

Gardening work is affected by weather conditions. We may, at our discretion, refuse to carry out or continue work where conditions are unsafe or where work would risk damage to your garden, lawn, or property, such as during heavy rain, storms, frost, or extreme heat.

Where possible, we will seek to adapt our work plan to suit the conditions on the day. However, we reserve the right to postpone or amend the scope of work if conditions make it impractical or unsafe to carry out the originally agreed tasks.

Waste Handling and Environmental Regulations

As part of our Services, we may generate green waste such as grass cuttings, hedge trimmings, prunings, and other garden debris. Our standard arrangements for waste handling will be stated in your quotation or booking confirmation.

Where agreed, we can bag or stack green waste neatly on site for your own disposal, or place it in your garden waste bin or compost area. Alternatively, we may offer a removal and disposal service for green waste, which may be subject to an additional charge.

We will handle and dispose of any waste we remove in accordance with applicable UK environmental and waste regulations. We do not normally remove soils, rubble, or non-garden waste unless this has been specifically agreed as part of the quotation, and any such removal may incur additional charges.

You agree not to ask us to dispose of household, construction, or hazardous waste as part of our gardening Services. We reserve the right to refuse to handle or remove any materials that may present a risk to health, safety, or the environment.

Liability and Limitations

We will exercise reasonable care and skill in performing the Services. If you are unhappy with any aspect of the work, you must notify us as soon as possible and within a reasonable time. We will seek to investigate and, where appropriate, remedy the issue.

Our liability for any loss or damage arising in connection with the Services shall be limited to the amount paid or payable by you for the relevant Services, except where such limitation is not permitted by law. We do not exclude or limit liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

We are not liable for indirect or consequential losses, including loss of enjoyment, loss of profit, loss of value of property, or similar claims. We are not responsible for pre-existing damage, latent defects in structures or plants, or for damage that occurs due to inaccurate information provided by you.

We are not liable for damage to underground pipes, cables, or services that you have not clearly brought to our attention in writing before work commences. You are responsible for identifying and marking any such services that may be affected by digging, planting, or other ground works.

Natural processes, pests, diseases, weather events, and seasonal variation are outside our control. We do not accept liability for the effects of these factors on lawns, plants, trees, or garden structures once our work has been completed.

Insurance

We aim to maintain appropriate insurance cover in respect of public liability and, where applicable, employees. Details of our insurance can be made available for inspection upon reasonable request.

Complaints and Dispute Resolution

If you have any concerns or complaints about our Services, you should contact us promptly, providing details of the issue and any supporting information. We will aim to respond within a reasonable timeframe to discuss the matter and, where appropriate, propose a resolution.

If a dispute cannot be resolved informally, both parties agree to consider mediation or another form of alternative dispute resolution before pursuing court proceedings, where this is practical and appropriate.

Intellectual Property

Any planting plans, design concepts, or written recommendations we provide remain our intellectual property unless otherwise agreed in writing. You may use such materials for the purpose of implementing and maintaining your garden but may not reproduce or share them for commercial purposes without our consent.

Termination of Services

For ongoing maintenance contracts, either party may terminate the Agreement by giving the notice period specified in our confirmation or, if no period is specified, by giving at least 30 days written notice.

We may terminate the Agreement immediately if you materially breach these Terms and Conditions, fail to pay amounts due, or engage in abusive or unsafe behaviour towards our staff. In such cases, you will remain liable to pay for all Services performed up to the date of termination and for any non-refundable costs incurred on your behalf.

Changes to These Terms

We may revise these Terms and Conditions from time to time to reflect changes in law, business practices, or operational requirements. The version in force at the time of your booking will apply to that booking. Updated terms may be provided to you or made available upon request.

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.

You and we 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, subject to any mandatory rights you may have as a consumer to bring claims in the courts of your place of residence within the United Kingdom.

General Provisions

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

No failure or delay by us in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy.

The Agreement is between you and Gardeners Nag's Head. No other person shall have any rights to enforce any of its terms.