Gardeners Colyers Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Colyers provides gardening and related services to residential and commercial clients in the United Kingdom. By making a booking, you agree that you have read, understood, and accepted these Terms and Conditions. They form a legally binding agreement between you and Gardeners Colyers.

1. Definitions

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

Client means the person, company, or organisation that requests services from Gardeners Colyers.

Services means any gardening, grounds maintenance, soft landscaping, planting, lawn care, hedge cutting, pruning, clearance, or related work provided by Gardeners Colyers.

Agreement means the contract between the Client and Gardeners Colyers comprising these Terms and Conditions and any written quote, booking confirmation, or agreed variation.

2. Scope of Services

2.1 Gardeners Colyers provides gardening and maintenance services as agreed with the Client. The specific scope, including tasks, frequency, and any special requirements, will be set out in a quote, booking confirmation, or written communication.

2.2 Any description of services is for guidance only. Gardeners Colyers will exercise reasonable skill and care in delivering the agreed services but may adjust methods, tools, or sequence of work where reasonably necessary to achieve a proper result.

2.3 Gardeners Colyers does not provide structural work, electrical work, arboricultural services requiring specialist licensing, or any other services that fall outside its competence or legal authorisation. If such needs arise, the Client may be advised to seek separate professional assistance.

3. Booking Process

3.1 Bookings may be made by the Client through any accepted contact method specified by Gardeners Colyers at the relevant time. A booking is not confirmed until it has been acknowledged in writing by Gardeners Colyers.

3.2 When requesting a booking, the Client must provide accurate and complete information regarding the property, access arrangements, garden condition, utilities available, and any known hazards. Gardeners Colyers relies on this information to prepare a suitable quote and schedule.

3.3 Gardeners Colyers may offer an estimated price based on the information supplied by the Client. In some cases, an on-site visit or photographs may be required to finalise the quote. If, upon arrival, the scope of work is significantly different from what was described, Gardeners Colyers may adjust the price or decline to proceed.

3.4 A booking confirmation will set out the agreed date or schedule, the type of services to be provided, and any special conditions. By confirming the booking, the Client accepts these Terms and Conditions.

4. Quotes and Pricing

4.1 All quotes are provided in good faith based on the information available at the time. Unless otherwise stated, quotes are exclusive of any applicable taxes or statutory charges.

4.2 Quotes may be based on a fixed price for a specified scope of work, or on hourly or daily rates, or a combination of these. Any minimum call-out charge or minimum time will be communicated to the Client before work commences.

4.3 If, during the performance of the Services, it becomes apparent that additional work is required or that the original scope needs to be varied, Gardeners Colyers will inform the Client. Any change in price or schedule will be agreed before such additional work is undertaken, unless urgent action is required to protect safety or prevent damage.

4.4 Gardeners Colyers reserves the right to review and adjust prices for ongoing or regular services, for example to reflect changes in costs, inflation, or regulatory requirements. Any such change will be notified to the Client in advance.

5. Payments and Invoicing

5.1 Payment terms will be stated on the quote, invoice, or booking confirmation. Unless otherwise agreed in writing, payment is due immediately on completion of the Services or within the period specified on the invoice.

5.2 Gardeners Colyers accepts payment through methods that will be communicated to the Client. Cash payments, where accepted, must be made directly to an authorised representative of Gardeners Colyers and will be receipted.

5.3 For certain services, especially larger projects or regular maintenance, Gardeners Colyers may require a deposit or advance payment before work begins. Any such requirement will be clearly stated before the booking is confirmed.

5.4 If the Client fails to pay any amount due by the due date, Gardeners Colyers may charge interest on the overdue amount at a reasonable rate and may suspend further services until full payment is received. The Client will be responsible for any reasonable costs incurred in recovering overdue sums.

5.5 The Client is responsible for ensuring that invoice details, including name and address, are correct at the time of booking. Any request for reissued or amended invoices is at the discretion of Gardeners Colyers.

6. Cancellations and Rescheduling

6.1 The Client may cancel or request to reschedule a booking by giving reasonable notice. Unless otherwise agreed, at least 24 hours notice before the scheduled start time is required to avoid a cancellation charge.

6.2 If the Client cancels a booking with less than 24 hours notice, or fails to provide access at the agreed time, Gardeners Colyers may charge a cancellation fee up to a reasonable proportion of the quoted price, taking into account any travel or preparation already undertaken.

6.3 For larger projects or works involving special materials or equipment, separate cancellation terms may apply and will be communicated at the quotation or booking stage. Deposits for such work may be non-refundable where costs have already been incurred.

6.4 Gardeners Colyers reserves the right to cancel or postpone a booking in circumstances beyond its control, such as severe weather, illness, transport disruption, unsafe site conditions, or equipment failure. In such cases, Gardeners Colyers will notify the Client as soon as reasonably practicable and will seek to agree a new date. No liability will arise for any resulting delay, but any prepaid sums for the affected booking will either be applied to the rearranged service or refunded, as appropriate.

7. Access and Client Obligations

7.1 The Client must ensure that Gardeners Colyers has safe and reasonable access to the property and garden at the agreed times, including access to any necessary gates, pathways, and parking areas.

7.2 The Client must ensure that pets and children are kept away from areas where work is being carried out, tools are being used, or chemicals are being applied. Gardeners Colyers is not responsible for harm caused where the Client has not taken reasonable steps to restrict access.

7.3 The Client must notify Gardeners Colyers of any specific site risks, including hidden cables or pipes, unstable surfaces, ponds, wildlife concerns, or any other hazards that may affect the safe delivery of the Services.

7.4 Gardeners Colyers may refuse to perform all or part of the Services if, in its reasonable opinion, site conditions are unsafe or access is not available. In such cases, a call-out or cancellation charge may apply.

8. Waste Handling and Environmental Compliance

8.1 Gardeners Colyers will comply with applicable UK regulations relating to garden waste, green waste, and general waste arising from the Services. This may include the use of licensed disposal facilities where required.

8.2 The default assumption is that green waste such as clippings, branches, and leaves will be left on site in a designated place agreed with the Client, unless the Client has specifically requested removal as part of the quote.

8.3 Where Gardeners Colyers agrees to remove and dispose of waste, an additional charge may apply, which will be included in the quote or otherwise agreed with the Client. Charges will take into account the type and volume of waste and any associated disposal fees.

8.4 Gardeners Colyers will not remove hazardous waste, builders rubble, contaminated soil, or any materials that require specialist handling or licensing. If such materials are discovered, Gardeners Colyers may suspend work and recommend that the Client engages a suitable specialist.

9. Use of Chemicals and Products

9.1 Where weed killers, fertilisers, pesticides, or other garden chemicals are used, Gardeners Colyers will do so in accordance with manufacturer instructions and relevant UK regulations.

9.2 The Client must advise Gardeners Colyers of any allergies, sensitivities, or concerns relating to the use of particular products. Where possible, alternatives may be suggested, but Gardeners Colyers gives no guarantee that chemical-free or specific products will be suitable for all purposes.

9.3 After the application of any chemicals, the Client is responsible for following any guidance given, including keeping pets and children away from treated areas for any recommended period.

10. Liability and Insurance

10.1 Gardeners Colyers will exercise reasonable skill and care in providing the Services and will take reasonable steps to avoid damage to property. However, minor damage to plants, turf, or fragile items may occur as an inherent risk of gardening work.

10.2 Gardeners Colyers is not liable for damage or loss arising from pre-existing defects, poor construction, hidden obstructions, or any issue that could not reasonably have been detected before work commenced.

10.3 The Client is responsible for removing or securing any fragile, valuable, or irreplaceable items in or near the work area. Gardeners Colyers accepts no liability for damage to such items where reasonable precautions have not been taken by the Client.

10.4 Gardeners Colyers maintains appropriate insurance cover in respect of its legal liabilities to Clients and third parties. Evidence of insurance may be provided on request.

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

10.6 Subject to the preceding paragraph, Gardeners Colyers liability for any claim arising under or in connection with the Agreement shall be limited, in aggregate, to the total amount paid by the Client for the Services giving rise to the claim.

11. Complaints and Standards of Work

11.1 If the Client is dissatisfied with any aspect of the Services, they must notify Gardeners Colyers as soon as reasonably possible, giving clear details of the concern and allowing a reasonable opportunity for inspection and, where appropriate, remedial action.

11.2 Gardeners Colyers will aim to address complaints promptly and fairly. Where a defect or shortcoming in the Services is established, Gardeners Colyers may choose to rectify the issue, offer a partial refund, or make another reasonable adjustment.

11.3 Complaints made long after the Services were provided may be more difficult to verify. Gardeners Colyers may, at its discretion, decline to accept liability where the passage of time or subsequent work makes it impossible to assess the original condition.

12. Property Rights and Plants

12.1 Plants, turf, materials, or products supplied by Gardeners Colyers remain the property of Gardeners Colyers until paid for in full. If payment is not made, Gardeners Colyers may, where lawful and practicable, recover or remove such items.

12.2 Gardeners Colyers does not guarantee the long-term survival or performance of plants or turf once installed, as these depend on numerous factors beyond its control, including weather, soil conditions, pests, diseases, and the Client's ongoing care. Any advice on aftercare is given in good faith but without warranty.

13. Data Protection and Privacy

13.1 Gardeners Colyers will handle personal data in accordance with applicable UK data protection laws. Information is collected only to the extent necessary to manage bookings, provide services, and administer the business.

13.2 Client details will not be sold to third parties. They may, however, be shared with trusted partners or service providers where necessary to deliver the Services or comply with legal obligations.

14. Amendments to these Terms

14.1 Gardeners Colyers may update or amend these Terms and Conditions from time to time. The version in force at the time of booking will apply to that booking, unless a change is required by law or regulation.

14.2 Updated Terms and Conditions may be made available on request or published as part of the company's standard documentation.

15. Governing Law and Jurisdiction

15.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.

15.2 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 their subject matter.

16. General Provisions

16.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary or, if this is not possible, deleted. The remaining provisions shall continue in full force and effect.

16.2 No failure or delay by Gardeners Colyers in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that or any other right or remedy.

16.3 The Client may not assign or transfer any rights or obligations under the Agreement without the prior written consent of Gardeners Colyers. Gardeners Colyers may assign or subcontract its rights and obligations where reasonably necessary to provide the Services.

16.4 These Terms and Conditions, together with any quote or booking confirmation, constitute the entire agreement between the Client and Gardeners Colyers in relation to the Services, and supersede any prior discussions, correspondence, or understandings.