Terms And Conditions

Gardeners Cowley Service Terms and Conditions

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

1. Definitions

In these Terms and Conditions, the following words have the meanings given below:

Client means the person or organisation who requests and receives services from Gardeners Cowley.

Services means gardening, garden maintenance, landscaping, clearance, and any other work agreed between Gardeners Cowley and the Client.

Property means the garden, grounds, land, or premises at which the Services are to be provided.

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

2. Scope of Services

Gardeners Cowley provides a range of gardening and garden maintenance services, which may include lawn care, planting, pruning, hedge cutting, weeding, garden clean-ups, soft landscaping, and related tasks. The exact scope of the Services will be set out in a quotation, booking confirmation, or other written agreement between Gardeners Cowley and the Client.

Any description or illustration of services provided in marketing material, on websites, or in other general information is for guidance only and does not form part of the Agreement unless expressly stated in writing.

3. Booking Process

3.1 All bookings for Services must be made directly with Gardeners Cowley. A booking may be made by the Client in writing or verbally and will be confirmed by Gardeners Cowley in writing where practicable.

3.2 The Agreement comes into force when Gardeners Cowley confirms acceptance of the Client’s booking, or when the Services commence, whichever occurs first.

3.3 Gardeners Cowley may request information about the Property, including access arrangements, garden size, existing issues, and any particular requirements, to provide an accurate quotation and schedule.

3.4 Gardeners Cowley reserves the right to decline a booking or request further information before confirming a booking.

4. Quotations and Pricing

4.1 Any quotation provided by Gardeners Cowley is based on the information available at the time and is usually valid for a limited period, which will be stated where applicable. Quotations may be subject to change if the scope of work or conditions at the Property differ from those originally described.

4.2 Prices may be based on hourly rates, fixed fees, or a combination of both, and will be communicated to the Client in advance of the Services.

4.3 If additional work is requested by the Client, or if Gardeners Cowley identifies necessary additional work not reasonably foreseeable at the time of quotation, Gardeners Cowley will discuss any change in price with the Client before carrying out such work.

5. Payments

5.1 Unless otherwise agreed in writing, payment for Services is due immediately on completion of the work or on receipt of an invoice.

5.2 For larger projects or ongoing maintenance contracts, Gardeners Cowley may require advance payments, deposits, or staged payments. Any such requirements will be set out in the quotation or booking confirmation.

5.3 The Client must pay all invoices in full, without deduction, set-off, or counterclaim, by the payment method specified on the invoice or agreed in advance.

5.4 Gardeners Cowley reserves the right to charge interest on overdue sums at the statutory rate, calculated daily from the due date until payment is received in full, and to recover any reasonable costs incurred in pursuing late payments.

6. Cancellations and Amendments

6.1 The Client may cancel or amend a booking by giving reasonable notice. Gardeners Cowley requests a minimum of 48 hours notice to reschedule or cancel a standard visit wherever possible.

6.2 If the Client cancels a booking with less than the minimum notice, Gardeners Cowley may, at its discretion, charge a cancellation fee to cover reserved time, travel, and administrative costs.

6.3 For larger projects where a start date has been scheduled and materials or third-party services have been arranged, Gardeners Cowley may charge for any non-refundable costs, committed materials, or lost time arising from late cancellation or significant changes made by the Client.

6.4 Gardeners Cowley reserves the right to cancel or reschedule a booking due to circumstances beyond its control, such as severe weather, staff illness, safety concerns, or access issues at the Property. In such cases, Gardeners Cowley will offer an alternative appointment at the earliest reasonable opportunity.

7. Access to the Property

7.1 The Client must ensure that Gardeners Cowley has safe and adequate access to the Property for the duration of the Services, including access to all relevant areas of the garden, external power points, water supplies, and any necessary facilities.

7.2 If access is not available or is significantly restricted at the agreed time, Gardeners Cowley may be unable to carry out the Services. In that situation, Gardeners Cowley may charge a call-out fee or cancellation fee to cover time and travel costs.

7.3 The Client is responsible for informing Gardeners Cowley in advance of any hazards, restrictions, pets, or special instructions relevant to the Property.

8. Client Responsibilities

8.1 The Client must provide accurate information about the Property and any known risks, such as unstable structures, hidden cables, or buried services. Gardeners Cowley will not be liable for issues arising from information that was withheld or inaccurate.

8.2 The Client must ensure that the Property is reasonably clear of obstructions that may prevent or significantly hinder the Services, such as large personal items, excessive waste not related to gardening, or hazardous materials.

8.3 The Client is responsible for obtaining any necessary permissions, consents, or approvals from landlords, neighbours, local authorities, or other third parties, where required for the Services to be carried out.

9. Waste Removal and Environmental Regulations

9.1 Gardeners Cowley aims to comply with relevant environmental and waste regulations. Garden waste generated in the course of the Services may be left at the Property in an appropriate area, composting facility, or garden waste container, unless otherwise agreed.

9.2 Where the Client requests removal of garden waste from the Property, this may incur an additional charge. Any such charge will be made clear to the Client in advance or included in the quotation.

9.3 Gardeners Cowley is not responsible for the removal or disposal of non-garden waste, hazardous materials, or items that fall outside the scope of normal gardening work, unless specifically agreed in writing as part of the Services.

9.4 The Client must not request or require Gardeners Cowley to dispose of waste in a manner that breaches applicable laws or regulations. Gardeners Cowley reserves the right to refuse any instruction that would involve unlawful disposal or unsafe practices.

10. Materials, Plants, and Equipment

10.1 Gardeners Cowley may supply plants, materials, and other items as part of the Services. Any such items remain the property of Gardeners Cowley until paid for in full by the Client.

10.2 Gardeners Cowley will take reasonable care in selecting and sourcing plants and materials. However, due to the nature of living plants and changing conditions, Gardeners Cowley does not guarantee specific growth rates, flowering results, or long-term survival, particularly where ongoing care is under the control of the Client.

10.3 Gardeners Cowley uses equipment and tools appropriate to the Services. The Client must not use or operate Gardeners Cowley’s equipment without express permission.

11. Health and Safety

11.1 Gardeners Cowley will take reasonable steps to carry out work in a safe and responsible manner, in line with relevant health and safety principles.

11.2 The Client must keep children, pets, and third parties at a safe distance from the working area while Services are being performed, and follow any safety instructions given by Gardeners Cowley.

11.3 If Gardeners Cowley considers that a situation at the Property presents an unacceptable safety risk, work may be suspended or cancelled. Any rearrangement or cost implications will be discussed with the Client.

12. Liability and Limitations

12.1 Gardeners Cowley will exercise reasonable skill and care in providing the Services. If the Client is dissatisfied with any aspect of the Services, the Client must notify Gardeners Cowley as soon as reasonably possible so that any issues can be investigated and, where appropriate, remedied.

12.2 To the fullest extent permitted by law, Gardeners Cowley will not be liable for any indirect, consequential, or purely economic loss arising out of or in connection with the Services or the Agreement.

12.3 Gardeners Cowley’s total liability to the Client for any loss or damage arising under or in connection with the Agreement, whether in contract, tort, negligence, or otherwise, shall be limited to the total amount paid by the Client for the specific Services giving rise to the claim.

12.4 Nothing in these Terms and Conditions excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

12.5 Gardeners Cowley is not responsible for pre-existing damage to the Property, nor for deterioration or damage caused by factors outside its control, such as extreme weather, pests, plant diseases, structural defects, or the Client’s failure to follow aftercare advice.

13. Delays and Events Beyond Control

13.1 Gardeners Cowley will use reasonable efforts to perform the Services at agreed times and dates. However, timing is not guaranteed, and minor delays shall not entitle the Client to cancel the Agreement or claim compensation.

13.2 Gardeners Cowley is not responsible for failure or delay in performing its obligations where such failure or delay results from events or circumstances beyond its reasonable control, including but not limited to severe weather, accidents, illness, transport disruptions, or shortages of materials.

14. Complaints

14.1 If the Client has any concern or complaint about the Services, this should be raised with Gardeners Cowley as soon as possible, and in any event within a reasonable time of the Services being performed.

14.2 Gardeners Cowley will aim to investigate and respond to complaints promptly and, where justified, may offer to rectify work or provide another form of reasonable resolution.

15. Changes to These Terms

15.1 Gardeners Cowley may amend these Terms and Conditions from time to time. The version in force at the time of the Client’s booking will generally apply to that booking, unless a change is required by law or regulation.

15.2 Updated terms may be made available on request or through Gardeners Cowley’s usual communication channels.

16. Governing Law and Jurisdiction

16.1 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.

16.2 The parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising from or connected with these Terms and Conditions or the Services.

17. General Provisions

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

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

17.3 The Agreement is between Gardeners Cowley and the Client. No other person shall have any rights to enforce any of its terms.

17.4 The Client may not assign or transfer any of its rights or obligations under the Agreement without the prior written consent of Gardeners Cowley.

By proceeding with a booking or allowing work to commence, the Client confirms acceptance of these Terms and Conditions.