Terms And Conditions

Gardeners Ratcliff Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners Ratcliff provides gardening and related services to domestic 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.

1. Definitions

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

Client means the individual, company, or organisation requesting or receiving services from Gardeners Ratcliff.

Company means Gardeners Ratcliff and any authorised employees, contractors, or subcontractors engaged by it.

Services means gardening and related services provided by the Company, including but not limited to grounds maintenance, garden tidy-ups, planting, lawn care, hedge trimming, pruning, soft landscaping, and green waste handling.

Agreement means the contract between the Client and the Company incorporating these Terms and Conditions and any written quotation, schedule, or service confirmation issued by the Company.

2. Scope of Services

The Company will provide the Services as agreed in writing with the Client, usually in the form of a quotation, service schedule, or booking confirmation. The description of the Services, including the nature of the work, frequency of visits, and any specific tasks, will be as set out in the agreed documentation.

The Company reserves the right to reasonably adjust the Services if site conditions, access, weather, safety, regulatory requirements, or other factors make it necessary. Where such an adjustment materially changes the scope or price, the Company will seek the Client's agreement before proceeding, wherever reasonably possible.

3. Booking Process

3.1 Enquiries and quotations

The Client may request a quotation or make a service enquiry by contacting the Company using its published contact methods. Quotations may be provided on the basis of information supplied by the Client and, where necessary, after a site visit.

Quotations will typically specify the Services to be carried out, the estimated or fixed price, and any particular terms. Unless stated otherwise, quotations are valid for 30 days from the date of issue and may be withdrawn or revised by the Company at any time before acceptance.

3.2 Acceptance and confirmation

A booking is deemed accepted when the Client confirms in writing or verbally that they wish to proceed on the basis of a quotation, or when the Company sends a booking confirmation referencing the Services agreed. The Agreement comes into effect upon such confirmation.

The Company may refuse or cancel a booking at its discretion if, for example, the location is outside its normal operating area, the requested work is unsafe, or the Client has outstanding unpaid invoices.

3.3 Regular and one-off services

The Company offers both regular maintenance services and one-off visits. For regular services, the frequency and approximate timing of visits will be as agreed with the Client. Any specific timeframes are indicative only and may vary due to weather, traffic, seasonal conditions, and operational requirements.

4. Client Responsibilities and Access

The Client must provide accurate information about the property, access arrangements, and any known risks or hazards, including uneven ground, fragile surfaces, underground services, or restricted areas.

The Client is responsible for ensuring suitable access to the garden or outdoor areas at the agreed times, including providing keys, entry codes, or arranging for someone to be present. If the Company cannot gain access at the scheduled time, the visit may be treated as a late cancellation and charges may apply as set out in the cancellation section of these Terms.

The Client must ensure that children and pets are kept away from areas where work is being carried out and from any equipment, machinery, tools, or chemicals used by the Company.

5. Health, Safety, and Site Conditions

The Company will carry out Services with reasonable skill and care and in accordance with applicable health and safety requirements. The Company reserves the right to suspend or refuse work where it considers conditions to be unsafe or unsuitable, including in cases of severe weather, poor visibility, hazardous materials, or aggressive animals.

The Client must notify the Company of any relevant health and safety issues on site, and must not instruct Company personnel to carry out tasks that would be unsafe, unlawful, or outside the agreed Services. The Company may vary or suspend Services in order to comply with health and safety obligations.

6. Materials, Plants, and Equipment

Unless otherwise agreed, the Company will provide all necessary tools, machinery, and standard materials required to perform the Services. Where specific plants, materials, or products are requested by the Client, this will be confirmed in advance and may be subject to additional cost.

Any plants, turf, or living materials supplied by the Company are selected with reasonable skill and care, but their ongoing health and performance depend heavily on factors beyond the Company’s control, including weather, soil conditions, pests, diseases, and the Client’s watering and maintenance regime. The Company cannot guarantee the long-term survival or growth of any living materials once they have been installed and accepted by the Client.

Where the Client provides materials or equipment, the Client is responsible for ensuring that they are safe, suitable, and compliant with relevant standards. The Company may decline to use materials or equipment supplied by the Client if they present safety or quality concerns.

7. Prices and Payments

7.1 Pricing

Prices for Services will be as set out in the quotation or booking confirmation. Unless otherwise stated, prices are expressed in pounds sterling and are exclusive of any applicable taxes or statutory charges.

Where work is priced on an hourly or daily basis, the time chargeable will include reasonable time for setting up and clearing away, and for travel between multiple parts of a site where this is significant.

7.2 Invoicing and payment terms

The Company will issue invoices either per visit, upon completion of specific works, or on a periodic basis for regular maintenance contracts, as specified in the Agreement. The Client agrees to pay all invoices in full by the due date stated on the invoice.

Unless otherwise agreed in writing, payment is due within 7 calendar days of the invoice date. The Company reserves the right to require full or partial payment in advance, particularly for substantial works, non-standard materials, or special orders.

7.3 Late payments

If payment is not received by the due date, the Company may suspend Services, charge interest on overdue sums at the maximum rate permitted by law, and recover reasonable costs of collection. The Company may also cancel future bookings if invoices remain unpaid.

8. Cancellations, Rescheduling, and Delays

8.1 Client cancellations

The Client may cancel or request to reschedule a visit by giving reasonable notice to the Company. Unless otherwise agreed, the following will apply:

If the Client cancels or reschedules more than 24 hours before the scheduled start time, no cancellation fee will normally apply.

If the Client cancels or reschedules with less than 24 hours notice, the Company may charge a cancellation fee of up to 50 percent of the estimated value of the booked Services or a minimum call-out charge, whichever is greater.

If the Company arrives on site and is unable to gain access or carry out the work for reasons within the Client's control, this may be treated as a same-day cancellation and charged accordingly.

8.2 Company cancellations and delays

The Company will use reasonable efforts to attend at the agreed times, but all times and dates are estimates only and may be affected by weather, traffic, staff availability, or other factors. The Company will notify the Client as soon as reasonably practicable of any need to cancel or reschedule, and will offer an alternative appointment.

The Company will not be liable for any loss, damage, or inconvenience arising from a delay or cancellation, provided that it has used reasonable efforts to notify the Client and reschedule.

9. Waste Handling and Environmental Regulations

The Company is committed to operating in accordance with applicable UK environmental and waste regulations. Garden and green waste generated in the course of the Services will be handled in line with legal requirements and good practice.

Where waste removal is included in the quotation or Agreement, the Company will remove the agreed quantities of green waste from the site and dispose of or recycle it appropriately. Excessive volumes of waste, non-green waste, or hazardous materials may incur additional charges or be declined.

Where waste removal is not included as part of the Services, the Company may, at the Client's request and subject to availability, provide waste removal at an additional cost. The Client retains responsibility for any waste left on site in accordance with the Agreement.

The Client must not request the Company to dispose of waste unlawfully or in any manner that would breach environmental law or licensing requirements.

10. Liability and Insurance

The Company will carry out the Services with reasonable skill and care. If the Client believes that the Services have not been performed in accordance with the Agreement, the Client must notify the Company promptly and within a reasonable period, allowing the Company an opportunity to inspect and, where appropriate, remedy the issue.

The Company maintains appropriate insurance cover for its activities, including public liability insurance, in line with industry practice.

To the fullest extent permitted by law, the Company’s total liability to the Client in respect of any claim arising out of or in connection with the Agreement or the Services, whether in contract, tort, or otherwise, will be limited to the total amount paid or payable by the Client for the specific Services giving rise to the claim.

The Company will not be liable for any indirect or consequential loss, loss of enjoyment, loss of profits, or loss of opportunity arising out of or in connection with the Services. The Company is not responsible for pre-existing defects, hidden underground services, or damage arising from the normal course of garden maintenance where reasonable care has been exercised.

Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited.

11. Damage to Property

The Company will take reasonable care to avoid damage to property while providing the Services. The Client should inform the Company before work starts of any sensitive areas, valuable items, or underground cables, pipes, or fixtures that may affect or be affected by the work.

Where damage is caused as a direct result of the Company’s negligence, the Company will, at its discretion, repair the damage, arrange for repair, or provide fair compensation, subject to the liability limits set out in these Terms.

12. Complaints and Dispute Resolution

If the Client has a concern or complaint about the Services, they should raise it with the Company as soon as reasonably possible, providing details and, if available, photographs. The Company will investigate the matter and seek to resolve it through discussion, rectification work, or other appropriate measures.

Both parties agree to attempt to resolve any disputes informally and in good faith before considering formal legal action.

13. Changes to Services or Terms

The Company may from time to time update these Terms and Conditions to reflect changes in law, best practice, or its operational requirements. The latest version will apply to new bookings and, where reasonably practicable, to ongoing agreements after notice has been given to the Client.

Any significant change to the scope, price, or frequency of Services under an existing Agreement will normally be discussed and agreed with the Client in advance.

14. Termination

Either party may terminate an ongoing maintenance Agreement by giving reasonable notice, typically at least 14 days, unless a different notice period has been agreed in writing. The Client remains liable for payment for all Services rendered up to the effective date of termination.

The Company may terminate the Agreement immediately if the Client fails to pay amounts due, refuses reasonable access, behaves abusively towards Company personnel, or otherwise commits a serious breach of these Terms.

15. Data Protection and Privacy

The Company will handle personal information provided by the Client in accordance with applicable data protection laws. Client details will be used for the purposes of providing and managing the Services, invoicing, and related communication. Information will not be sold to third parties.

16. 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 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 or their subject matter.

17. General Provisions

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. Any failure or delay by the Company in exercising any right or remedy shall not constitute a waiver of that or any other right or remedy.

The Agreement is between the Client and the Company only, and no other person shall have any rights under it. The Client may not assign or transfer their rights or obligations under the Agreement without the Company’s prior consent.

These Terms and Conditions, together with any quotation, schedule, or service confirmation issued by the Company, constitute the entire agreement between the parties in relation to the Services and supersede any prior understandings or representations.