Gardeners Millbank Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners Millbank 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 service.

Definitions

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

Client means the person, firm or organisation requesting or receiving services from Gardeners Millbank.

Company means Gardeners Millbank, the gardening service provider.

Services means gardening, garden maintenance, soft landscaping, planting, lawn care, hedge cutting, pruning, clearance and any other related work agreed in writing between the Client and the Company.

Site means the garden or outdoor area where the Services are to be performed.

Quotation means a written or verbal estimate of the cost of Services provided by the Company to the Client prior to commencement of work.

Scope of Services

The Company provides gardening and outdoor maintenance services within its normal operating area. The scope of Services for each booking will be as described in the relevant Quotation, service description or booking confirmation. Any changes to the scope of work must be agreed between the Client and the Company before the work is carried out and may result in changes to the price and timescales.

The Company reserves the right to decline any job that it considers unsafe, unsuitable, unlawful, impractical, or beyond its operational capacity, at its sole discretion.

Booking Process

Clients may request Services by contacting the Company and providing the necessary details about the Site, the type of work required, preferred dates and any access information. Following the initial enquiry, the Company may request photographs, conduct a site visit, or ask for additional information to provide an accurate Quotation.

A booking is considered provisional until confirmed by the Company. Confirmation may be provided verbally or in writing and may be subject to acceptance of a Quotation, payment of a deposit where required, and agreement to these Terms and Conditions.

The Client is responsible for ensuring that any details provided during the booking process are complete and accurate. Any significant inaccuracies may lead to additional charges, changes to the scope of the Services or, in some cases, cancellation of the booking.

Quotations and Estimates

Unless otherwise stated, all Quotations and estimates are provided free of charge and are valid for a specified period from the date of issue. After this period, the Company reserves the right to review and, if necessary, revise the Quotation to reflect changes in costs, materials or other factors.

Quotations are based on the information available at the time, including the apparent condition of the Site and any access constraints. If, on arrival, the Company discovers conditions that were not reasonably apparent or disclosed, such as concealed obstacles, significantly overgrown vegetation or restricted access, the Company may revise the Quotation or offer to complete as much work as reasonably possible within the existing budget and time allowance.

Access and Client Obligations

The Client must ensure that the Company and its personnel have safe and adequate access to the Site for the duration of the booking. This includes providing any necessary access codes, permits, parking arrangements and instructions in advance.

The Client is responsible for ensuring that pets, children and other occupants are kept away from the working area during the performance of the Services for safety reasons. The Client must also inform the Company of any known hazards on or near the Site, such as uneven surfaces, buried utilities, weak structures, ponds, or areas of restricted access.

If the Company is unable to gain access to the Site at the agreed time due to circumstances within the Client’s control, the Company may charge a call-out fee or apply a cancellation charge in accordance with the cancellation terms set out in these conditions.

Health, Safety and Site Conditions

The Company takes health and safety seriously and will perform Services using reasonable care and skill, following applicable safety guidelines and using appropriate equipment. However, gardening work can involve the use of sharp tools, powered machinery, chemicals, and heavy lifting. The Client must cooperate with any safety instructions provided by the Company.

The Company reserves the right to suspend or modify work if conditions on Site present an unacceptable risk to health or safety, such as severe weather, hazardous materials, vermin infestation or unstable structures. In such cases, the Company will discuss suitable alternatives, which may include rescheduling, changing the method of work, or cancelling the remaining Services.

Weather and External Factors

Gardening work is dependent on weather and seasonal conditions. If weather or other external factors make it unsafe or impractical to carry out the Services, the Company may reschedule or adjust the work. The Company is not liable for delays or loss caused by adverse weather conditions or other events beyond its reasonable control.

Materials, Plants and Supplies

Where materials, plants, turf, compost, fertilisers, or other supplies are required, the Company may either procure these on behalf of the Client or work with items provided by the Client, as agreed. Any lead times, availability issues or substitutions will be discussed with the Client where possible.

Plants and living materials are living organisms subject to environmental conditions beyond the Company’s control, including soil quality, drainage, weather, pests, and subsequent maintenance by the Client. While the Company will use reasonable care and skill in selection and planting, it cannot guarantee the long-term survival, growth or performance of any plants or turf.

Payments and Pricing

The price for the Services will normally be set out in the Quotation or booking confirmation. Prices may be based on a fixed fee, hourly rate, day rate or a combination thereof, as specified. All prices are stated inclusive or exclusive of any applicable taxes as indicated in the Quotation.

The Company may require a deposit prior to commencing work, particularly for larger projects or where significant materials must be purchased in advance. The amount and timing of any deposit will be set out in the Quotation or booking confirmation.

Unless otherwise agreed in writing, payment of the balance is due on completion of the Services or, for ongoing maintenance arrangements, on the agreed schedule. The Company reserves the right to issue interim invoices for lengthy or staged projects.

Late payment may result in the suspension of further Services and the application of interest or administration charges in line with applicable law. The Company retains ownership of any supplied materials, plants or equipment until payment is received in full.

Cancellations and Rescheduling

The Client may cancel or reschedule a booking by giving the Company reasonable notice. The required notice period may vary depending on the scale of the work and will be explained at the time of booking. As a general guide, for standard maintenance visits, at least 24 to 48 hours notice is typically requested, and for larger project work, a longer notice period may apply.

If the Client cancels with insufficient notice or fails to provide access to the Site at the agreed time, the Company may charge a cancellation fee to cover administrative costs and lost time. This fee will be communicated to the Client and may be deducted from any deposit already paid.

The Company reserves the right to cancel or reschedule a booking in the event of unforeseen circumstances, including but not limited to illness, equipment failure, adverse weather, or other factors beyond its reasonable control. In such cases, the Company will notify the Client as soon as reasonably practicable and offer an alternative date or other appropriate solution.

Garden Waste and Environmental Regulations

Gardening work often produces green waste and other debris. The handling and disposal of such waste will be agreed in advance as part of the Quotation or booking confirmation.

In some cases, the Company may remove garden waste from the Site for appropriate disposal or recycling, and this service may incur an additional charge. Where the Client opts to retain or dispose of waste themselves, the Company will leave it in a designated area on Site, as agreed.

The Company complies with relevant waste and environmental regulations and will not dispose of waste unlawfully. The Client must not request or encourage any form of illegal dumping or disposal. If the Company believes that a particular waste handling request would breach regulations, it will refuse and discuss compliant alternatives.

Damage, Liability and Insurance

The Company will exercise reasonable care and skill when providing the Services. However, gardening work can involve an element of risk to property, especially where plants, soil, existing structures, and underground services are involved.

The Client must inform the Company of the presence and position of any underground cables, pipes, irrigation systems, or other concealed services, as well as any fragile surfaces or structures, before work begins. The Company is not liable for damage arising from unknown or undisclosed services or structures.

The Company will not be responsible for pre-existing damage, structural defects, or latent issues that become apparent during the course of the work. Minor scuffs, impressions or wear arising from the normal movement of personnel and equipment across lawns and garden surfaces are considered inherent to the nature of the Services and will not generally give rise to liability.

To the extent permitted by law, the Company’s total liability to the Client for any loss or damage arising under or in connection with the Services, whether in contract, tort, negligence or otherwise, is limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.

The Company does not exclude or limit liability for death or personal injury caused by its negligence, for fraud, or for any other liability which cannot be excluded or limited by law.

Client Property and Belongings

The Client is responsible for removing or protecting any personal items, ornaments, furniture, or equipment that could be damaged during the performance of the Services. The Company cannot accept responsibility for damage to such items where reasonable precautions have not been taken or where items remain in the working area contrary to advice.

Complaints and Service Issues

If the Client is dissatisfied with any aspect of the Services, they should notify the Company as soon as possible, ideally within a reasonable time of the work being carried out. The Company will investigate and, where appropriate, discuss remedial action, which may include rectification of the work, a partial refund, or another form of resolution, depending on the circumstances.

The Client must give the Company a reasonable opportunity to inspect and, if appropriate, remedy any issue before commissioning others to do so. Failure to do this may limit the Company’s ability to assess the situation and may affect any goodwill gesture or compensation that might otherwise have been offered.

Intellectual Property

Any designs, planting schemes, plans, reports or other materials created by the Company in connection with the Services remain the intellectual property of the Company unless otherwise agreed in writing. The Client is granted a non-exclusive licence to use such materials for the purpose of implementing and enjoying the Services at the relevant Site.

Termination of Ongoing Services

Where the Company provides regular or ongoing maintenance, either party may terminate the arrangement by giving the other party notice in accordance with the agreed notice period. If no specific notice period has been agreed, a reasonable period of notice should be given.

The Company may terminate ongoing Services with immediate effect if the Client persistently fails to pay on time, breaches these Terms and Conditions, or engages in behaviour that makes it unreasonable or unsafe to continue providing Services.

Amendments to Terms and Conditions

The Company may update or amend these Terms and Conditions from time to time to reflect changes in its operations, legal requirements or industry practices. The latest version will apply to new bookings and to ongoing contracts following notification to the Client.

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 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, save that the Company retains the right to bring proceedings in any other court of competent jurisdiction if necessary to protect its interests.

Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable by a court or competent authority, that provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with any Quotation, booking confirmation and any other written agreement between the Client and the Company, constitute the entire agreement between the parties in relation to the Services and supersede any prior understandings, agreements or representations, whether oral or written.