Terms And Conditions

Gardeners Osterley Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Osterley provides gardening and related services to residential and commercial clients. By making a booking or allowing our gardeners to commence work at your premises, you agree to be bound by these Terms and Conditions.

1. Definitions

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

Client means the individual, company or organisation that requests or receives services from Gardeners Osterley.

Services means any gardening, garden maintenance, landscaping, clearance or related work provided by Gardeners Osterley.

Premises means the garden, land or property at which the Services are to be carried out.

Agreement means the contract between the Client and Gardeners Osterley incorporating these Terms and Conditions and any written quotation or service confirmation.

2. Scope of Services

Gardeners Osterley provides general gardening, garden maintenance, lawn care, hedge cutting, pruning, planting, garden clearance and related services, as agreed with the Client from time to time.

The exact scope of work for each visit will be set out in a quotation, service proposal or booking confirmation, which, together with these Terms and Conditions, will form the Agreement between the parties.

Any additional tasks requested by the Client that fall outside the original scope may be subject to additional charges and may be scheduled for a later date, subject to availability.

3. Booking Process

Bookings for Services may be made in writing or verbally. The Client is responsible for ensuring that all details provided, including the address, access instructions, and requested work, are accurate and complete.

Gardeners Osterley may provide a quotation based on the information supplied by the Client or following a site visit. Quotations are given in good faith but may be revised if the information provided by the Client is inaccurate or incomplete, or if the nature or condition of the Premises is materially different from what was reasonably anticipated.

A booking will be deemed confirmed when Gardeners Osterley has accepted the Client's request for Services and has issued a confirmation of the appointment, whether in writing or verbally.

Gardeners Osterley reserves the right to decline a booking at its discretion, including where the requested work is unsafe, unlawful, or beyond the scope of our expertise or available resources.

4. Access to the Premises

The Client must ensure that Gardeners Osterley has safe and reasonable access to the Premises at the agreed time. This includes access to gardens, driveways, side passages, gates, and any relevant communal areas.

If access is not available at the scheduled time, or if work cannot be carried out for reasons within the Client's control, Gardeners Osterley may charge a call-out fee or apply the cancellation provisions set out in these Terms and Conditions.

The Client is responsible for securing all pets, children and vulnerable persons away from the working area for the duration of the visit to ensure safety and to allow the gardeners to work without obstruction.

5. Client Obligations

The Client agrees to:

Provide accurate information about the Premises, including known hazards, underground services, and any restrictions or covenants that may affect the work.

Inform Gardeners Osterley of any allergies, sensitivities or preferences relating to the use of specific products or plants.

Ensure that any required permissions, consents or approvals from landlords, neighbours, management companies or local authorities are obtained before work starts, where applicable.

Refrain from instructing Gardeners Osterley to carry out any work that is unsafe, unlawful or in breach of regulations.

6. Prices and Quotations

All prices are provided in pounds sterling unless clearly stated otherwise. Quotations may be given as fixed prices for a defined scope of work or as hourly or daily rates for time-based services.

Where a fixed-price quotation is provided, it will cover only the specific tasks listed. Any changes or additions requested by the Client may incur extra charges.

Where time-based rates apply, a minimum charge may be payable. Time is calculated from arrival at the Premises until completion of the work, including reasonable time for setting up and clearing away tools and equipment.

Gardeners Osterley reserves the right to adjust prices to reflect changes in labour, materials, disposal costs, fuel or other expenses, but will notify the Client in advance where such changes affect an upcoming booking.

7. Payments and Invoicing

Payment terms will be communicated to the Client at the time of booking or quotation. Unless otherwise agreed in writing, payment is due on completion of each visit or, for larger projects, in staged instalments as set out in the quotation or service proposal.

Gardeners Osterley may accept payment by cash, bank transfer or other agreed methods. The Client is responsible for ensuring that any bank transfers are correctly referenced and paid to the correct account details as communicated directly by Gardeners Osterley.

Where invoices are issued, they are payable within the time stated on the invoice. If no period is stated, payment is due within 7 calendar days of the invoice date.

If payment is not received by the due date, Gardeners Osterley reserves the right to suspend further work, charge interest on overdue amounts at the statutory rate, and recover any reasonable costs incurred in seeking payment.

8. Cancellations and Rescheduling

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

If the Client cancels or significantly alters a booking with less than 24 hours notice, Gardeners Osterley may charge a cancellation fee up to the full amount of the anticipated charges for that visit, to cover allocated time and resources.

Where Gardeners Osterley must cancel or reschedule a visit due to unforeseen circumstances, weather conditions, staff illness or other factors beyond its reasonable control, the Client will be notified as soon as reasonably practicable and an alternative appointment will be offered. Gardeners Osterley will not be liable for any indirect losses arising from such cancellations or delays.

9. Weather and Site Conditions

Gardening work is subject to weather and site conditions. Gardeners Osterley reserves the right to modify, postpone or cancel certain tasks where conditions make it unsafe, impractical or likely to cause harm to plants, lawns or structures.

In adverse weather or unsuitable ground conditions, we may prioritise alternative tasks that can be carried out safely. Where necessary tasks cannot be completed, they may be rescheduled for a later date by mutual agreement.

10. Materials, Plants and Equipment

Unless otherwise agreed, Gardeners Osterley will supply all tools and standard equipment required to perform the Services. Specialised equipment, plant hire or additional materials may incur extra charges, which will be discussed with the Client in advance where practicable.

Where plants, turf, soil, aggregates or other materials are supplied, Gardeners Osterley will take reasonable care to source quality products from reputable suppliers. However, the performance, growth and longevity of plants and natural materials depend on ongoing care, environmental conditions and factors beyond our control. No guarantee is given that plants will thrive after planting.

Risk in any materials or plants delivered to the Premises for the purpose of providing the Services shall pass to the Client upon delivery or placement on site.

11. Waste Removal and Regulations

Gardeners Osterley will, where agreed, remove and dispose of green waste produced in the course of the Services, subject to volume limits and applicable waste regulations.

Any waste removal services will comply with relevant UK waste laws and duty of care requirements. Where disposal charges, transfer station fees or additional transportation costs are incurred, these may be charged to the Client as part of the agreed price.

If waste removal has not been included in the quotation, green waste may be neatly bagged or stacked on site for the Client's own disposal, or additional charges may be agreed if the Client subsequently requests removal.

Gardeners Osterley will not remove hazardous waste, contaminated soil, asbestos, or any materials classified as special waste. The Client is responsible for arranging appropriate specialist contractors for such items.

12. Health and Safety

Gardeners Osterley will carry out the Services with reasonable skill and care and in accordance with applicable health and safety requirements. Our gardeners may refuse to carry out any task that they consider unsafe or which presents an unacceptable risk of damage or injury.

The Client must ensure that the working area is reasonably clear of obstructions, hazards and personal items prior to the scheduled visit and must inform Gardeners Osterley of any known risks at the Premises, including uneven ground, unstable structures, hidden cables or pipes and any use of chemicals.

13. Damage and Liability

Gardeners Osterley will take reasonable care to avoid damage to property while carrying out the Services. However, minor damage or wear and tear may be unavoidable in certain types of work, particularly in older gardens or where access is restricted.

The Client must inform Gardeners Osterley in advance of any fragile items, underground services, irrigation systems, cables or other features that could be damaged by normal gardening activities. Gardeners Osterley cannot be held liable for damage to any items or services that were not reasonably visible or disclosed in advance.

To the fullest extent permitted by law, Gardeners Osterley shall not be liable for any indirect or consequential loss, including loss of profit, loss of enjoyment, or loss of use arising out of or in connection with the Services or these Terms and Conditions.

Nothing in these Terms and Conditions shall limit or exclude liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter which cannot be limited or excluded under applicable law.

14. Complaints and Corrections

If the Client is dissatisfied with any aspect of the Services, they should notify Gardeners Osterley as soon as possible, ideally within 48 hours of the visit, providing reasonable details and, where possible, photographs of the issue.

Gardeners Osterley will investigate complaints in good faith and, where a fault or omission is identified, will seek to rectify the matter within a reasonable time, which may include revisiting the Premises or offering an appropriate adjustment.

The Client's right to correction or any goodwill gesture may be conditional upon all outstanding invoices being paid in full.

15. Insurance

Gardeners Osterley maintains insurance cover appropriate for the nature of the Services offered. Details of current cover can be provided upon reasonable request.

The Client remains responsible for their own buildings and contents insurance, and for ensuring that their policies are adequate to cover any relevant risks associated with gardening and maintenance work at the Premises.

16. Intellectual Property

Any designs, layouts, planting schemes, plans, sketches or other creative materials produced by Gardeners Osterley remain its intellectual property unless expressly assigned in writing.

The Client may use such materials for the purpose of implementing or maintaining the garden at the Premises, but may not copy, reproduce or use them for other sites or share them with third parties for commercial use without prior written permission.

17. Termination

Either party may terminate an ongoing maintenance arrangement or longer project Agreement by giving reasonable notice in writing, subject to any specific termination terms set out in a quotation or service proposal.

Gardeners Osterley may terminate the Agreement with immediate effect where the Client fails to pay sums due, behaves abusively or unlawfully, persistently breaches these Terms and Conditions, or where continuing the work would be unsafe or improper.

On termination, the Client shall pay for all Services already provided and for any materials ordered or supplied specifically for the Client which cannot reasonably be reused.

18. Force Majeure

Gardeners Osterley shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions where such delay or failure results from events beyond its reasonable control. Such events may include extreme weather, flooding, fire, strike, industrial dispute, pandemic, government restrictions, power failure, equipment breakdown, or interruption of supplies.

19. Privacy and Data

Gardeners Osterley will collect and use personal data such as names, addresses and contact details only as necessary to manage bookings, provide the Services and administer the client relationship.

Client information will be handled in accordance with applicable data protection laws in the United Kingdom. Personal data will not be sold to third parties.

20. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them, including any non-contractual matters, shall be governed by and construed in accordance with the laws of England and Wales.

The parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute or claim arising under or in connection with these Terms and Conditions or the provision of the Services.

21. Amendments and Entire Agreement

Gardeners Osterley may update or amend these Terms and Conditions from time to time. The version in force at the time of booking or, where applicable, the latest version notified to the Client prior to a scheduled visit will apply.

These Terms and Conditions, together with any quotation, service proposal or written confirmation issued by Gardeners Osterley, constitute the entire Agreement between the parties in relation to the Services and supersede any prior discussions, understandings or representations.

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