Terms and Conditions for Gardeners Downham
These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Downham and apply to all bookings, quotations, instructions, and completed works unless otherwise agreed in writing. By making a booking, the customer confirms that they have read, understood, and accepted these terms. For the avoidance of doubt, the phrase Downham gardeners may be used in communications, quotations, and service descriptions to refer to the same service provider.
These terms are designed to create a clear understanding between the customer and the service provider. They address the booking process, payment arrangements, cancellation rules, liability limits, waste handling, and the law governing the agreement. They do not affect any rights you may have under UK consumer law where such rights cannot be excluded or limited. Any variation to these terms must be agreed in writing and confirmed by an authorised representative of the service provider.
The services covered by these terms may include routine garden maintenance, seasonal tidying, hedge trimming, lawn care, planting, clearance, and related outdoor work as agreed at the time of booking. The precise scope of work will depend on the quotation, the condition of the garden, access arrangements, weather conditions, and any special requests made by the customer. References to garden services in Downham are for convenience only and do not alter the general legal effect of this agreement.
1. Booking Process
A booking may be made by telephone, email, online enquiry form, or any other accepted method of communication. A booking is only confirmed once the service provider has accepted the request and provided confirmation of the date, estimated duration, and, where applicable, price or pricing basis. The customer must ensure that all information supplied at the time of booking is accurate and complete. This includes the size and condition of the garden, access instructions, parking limitations, presence of pets, and any hazards that may affect the work.
Where a quotation is issued, it will normally be based on the information available at the time. If the customer’s description of the work is incomplete or inaccurate, the final price may be adjusted to reflect the actual conditions encountered. The service provider may also revise the quotation if additional work is requested after booking or if the original scope has changed substantially. A quotation does not become a fixed contract until accepted and confirmed.
Appointments are scheduled subject to availability. While every effort is made to attend on the agreed date and time, the service provider may need to rearrange a visit due to adverse weather, equipment failure, staff illness, unsafe site conditions, or circumstances beyond reasonable control. In such cases, a new appointment will be offered. The customer agrees to provide reasonable access to the property and to ensure that the working area is as clear and safe as possible before the scheduled visit.
2. Payment Terms
Payment terms will be stated in the quotation, invoice, or booking confirmation. Unless otherwise agreed, payment is due upon completion of the work or within the period specified on the invoice. The service provider may request a deposit for larger jobs, recurring maintenance plans, or work requiring advance material purchases. Any deposit requested will be clearly explained before the booking is finalised.
Prices may be quoted as a fixed fee, hourly rate, or on a schedule based on the nature and extent of the work. If the job takes significantly longer due to factors outside the service provider’s control, such as restricted access, concealed damage, excessive waste, or additional tasks requested on site, the customer may be charged accordingly. Additional materials, specialist equipment, or disposal fees may also be added where necessary and where reasonable notice has been given.
Invoices should be paid using the methods accepted at the time of billing. If payment is not received by the due date, the service provider may charge reasonable interest or compensation where permitted by law and may suspend future work until overdue sums are settled. The customer is responsible for ensuring that payment is made in full and that any bank charges, transfer errors, or delays arising from their payment method are resolved promptly.
3. Cancellations, Rescheduling, and Access
Cancellations should be made as early as possible. If the customer cancels after the booking has been accepted, the service provider may charge a cancellation fee to cover time reserved, administration, travel preparation, and any non-refundable costs already incurred. Where materials have been purchased specifically for the job, the customer may also be charged for those items unless they can reasonably be returned.
If the customer wishes to reschedule, the request will be handled fairly and subject to availability. Rescheduling may be treated as a cancellation if it is made at short notice or if the original appointment slot cannot be reused. The service provider may also cancel or postpone a job if site conditions are unsafe, if suitable access is not available, or if the customer fails to provide information needed to complete the work safely and properly.
Where the customer is not present, they must ensure that access arrangements are clearly agreed in advance. If the service cannot be completed because access is refused, keys or codes are unavailable, animals create an unsafe environment, or the site is not ready for work, the visit may still be chargeable. The customer accepts responsibility for securing the property, protecting valuables, and ensuring that any fragile items, ornaments, or hidden hazards are identified before the work begins.
4. Work Standards and Customer Responsibilities
The service provider will use reasonable skill and care when carrying out gardening work. However, outdoor work is naturally affected by weather, ground conditions, seasonal variation, and the existing state of the garden. Results may vary depending on plant condition, soil quality, access to water or power, and previous maintenance history. The customer acknowledges that some plants, lawns, or shrubs may already be diseased, stressed, overgrown, or otherwise beyond recovery.
The customer must disclose any known risks, such as underground services, hidden drainage, unstable structures, asbestos, broken glass, aggressive animals, or infestation. If the service provider discovers a hazard that was not disclosed, work may be paused until the issue is made safe. The service provider may refuse to carry out any task that appears unsafe, unlawful, or outside the agreed scope. For clarity, gardeners Downham does not accept responsibility for conditions that were not reasonably foreseeable at the time of inspection.
The customer is responsible for obtaining any consents, permissions, or approvals required for work on the property, including landlord consent, leasehold permission, or permission from a managing agent where applicable. The service provider is entitled to assume that such permissions have been obtained unless informed otherwise. If work is delayed or cancelled because permission was not secured, the usual cancellation or waiting charges may apply where reasonable.
5. Waste Handling and Regulations
All waste produced during the course of the services, including grass cuttings, hedge trimmings, leaves, branches, and other green waste, will be handled in accordance with applicable UK waste regulations. The service provider may remove waste from the site, arrange lawful disposal, compost suitable material, or leave waste on site where agreed. The exact arrangement will depend on the service booked, the quantity of waste, and any local disposal charges or licensing requirements.
The customer must disclose whether waste disposal is included in the agreed price. If waste removal is not included, the customer is responsible for arranging lawful disposal of any material left behind. The service provider will not knowingly deposit waste in an unlawful manner and will only transfer waste to authorised facilities or through approved disposal routes. Any waste transfer records or receipts retained by the service provider may be used to demonstrate compliance where appropriate.
Hazardous, contaminated, or regulated waste is not normally included in standard gardening work. This may include materials contaminated by chemicals, oils, treated timber in certain circumstances, invasive plant species requiring special handling, sharp metal objects, or any other item requiring separate treatment under law. If such waste is discovered, the service provider may suspend work and discuss an additional charge or alternative disposal method with the customer before proceeding.
6. Liability and Insurance
The service provider shall be responsible for loss or damage caused by negligence to the extent required by law, but liability is limited to the value of the services supplied or the amount recoverable under the relevant insurance policy, whichever is lower, except where such limitation is not legally permitted. Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded.
The service provider is not liable for pre-existing defects, hidden structural problems, deterioration caused by weather, natural plant failure, or damage resulting from the customer’s failure to provide accurate information. Likewise, no responsibility is accepted for damage to items left in or near the work area where the customer did not warn the service provider or remove those items before work started. Customers are advised to protect delicate objects, ornaments, fittings, and surfaces before the appointment.
The service provider will take reasonable care when operating tools and machinery, but the customer accepts that gardening work may involve unavoidable risk to nearby surfaces, turf, or planting areas. Where the customer asks for a task to be carried out despite a known risk, the service provider may require written confirmation. References to Downham garden services should not be interpreted as a promise that every outcome is guaranteed, as living materials and outdoor conditions are inherently variable.
7. Complaints, Delays, and Force Majeure
If the customer believes the service has not been provided in accordance with the agreed scope, they should notify the service provider as soon as reasonably possible and allow an opportunity to inspect the issue. The service provider may, at its discretion, offer to return and remedy a genuine problem where this is practical and proportionate. Minor variations in appearance, timing, or finish do not automatically amount to a breach of contract.
Delays caused by weather, traffic, illness, supply shortages, equipment failure, or other events outside reasonable control do not create automatic liability. If such an event prevents performance, the affected obligations may be suspended for the duration of the event. Where completion becomes impossible for a prolonged period, either party may agree to cancel the affected booking without further obligation, save for work already completed and any non-recoverable costs.
The service provider may also suspend or terminate a booking if the customer behaves abusively, refuses to allow safe working conditions, insists on unlawful disposal, or repeatedly changes the agreed work in a way that makes performance impractical. In such cases, the customer may remain liable for work already performed, materials purchased, and reasonable costs incurred before termination.
8. Governing Law
These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and interpreted in accordance with the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction, except where consumer law provides otherwise or where mandatory legal rights permit proceedings in another forum.
If any provision of these terms is found to be invalid, unlawful, or unenforceable, that provision shall be interpreted to reflect the original intention as closely as possible, and the remaining provisions shall continue in full force and effect. No failure or delay by the service provider in exercising any right under these terms shall operate as a waiver of that right.
These Terms and Conditions form the complete agreement between the parties in relation to the services described, replacing any prior discussions or informal understandings on the same subject. By proceeding with a booking, the customer confirms acceptance of the terms as a fair and practical basis for the provision of professional gardening services. The agreement applies equally to one-off visits, repeat maintenance, and larger projects undertaken by the service provider under the name Gardeners Downham.