Terms And Conditions

Gardeners Mortlake Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Mortlake to customers within its service area. 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 placing an order for services.

1. Definitions

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

Customer means the individual or business that requests or receives services from Gardeners Mortlake.

Services means gardening, garden maintenance, soft landscaping, clearance, lawn care, hedge trimming, pruning, planting and any other services agreed in writing between Gardeners Mortlake and the Customer.

Property means the garden, outdoor space or other premises where the Services are to be carried out.

Agreement means the contract between Gardeners Mortlake and the Customer incorporating these Terms and Conditions and any written quotation or booking confirmation.

2. Scope of Services

Gardeners Mortlake will provide the Services with reasonable care and skill, using appropriately trained personnel and suitable tools and equipment. The precise scope of the Services will be as described in the quotation, booking confirmation or other written correspondence agreed with the Customer.

Any images, descriptions or examples of services in promotional materials are for illustrative purposes only and do not form part of the Agreement, unless expressly stated in writing.

Gardeners Mortlake may recommend particular treatments, schedules or maintenance plans based on professional judgement. However, outcomes depend on factors outside our control, including weather conditions, soil conditions, existing plant health, pest activity and the Customer’s ongoing maintenance between visits.

3. Booking Process

3.1 Initial enquiries

Customers may request an estimate or quotation for Services. Any estimate provided without a site visit is indicative only and may be subject to change following inspection of the Property.

3.2 Site visit and quotation

Where appropriate, Gardeners Mortlake may arrange a site visit to assess the Property, discuss the Customer’s requirements and prepare a written quotation. Quotations are usually valid for a specified period, after which Gardeners Mortlake may revise or withdraw them.

3.3 Acceptance of quotation

The Agreement is formed when the Customer confirms acceptance of a quotation or booking proposal in writing, or when a booking is confirmed by Gardeners Mortlake, whichever occurs first. Once accepted, the quotation, together with these Terms and Conditions, forms the basis of the Agreement.

3.4 Recurring bookings

For regular maintenance services, bookings may be arranged on a recurring schedule. The frequency and scope of recurring visits will be agreed in advance. Recurring bookings continue until cancelled in accordance with these Terms and Conditions.

3.5 Changes to bookings

Any changes to the scope, timing or duration of the Services must be agreed in advance. Gardeners Mortlake reserves the right to adjust the price if the Customer requests additions or alterations to the originally agreed Services.

4. Access to the Property

The Customer must ensure that Gardeners Mortlake has safe and reasonable access to the Property and to all areas where Services are to be carried out, for the full duration of each visit.

The Customer is responsible for providing access arrangements, including any keys, security codes or instructions. If Gardeners Mortlake cannot gain access at the scheduled time for reasons beyond its control, this may be treated as a late cancellation and charges may apply in accordance with the cancellation terms below.

The Customer must ensure that any pets are secured and that children and other individuals do not interfere with the work or equipment while Services are being provided.

5. Health, Safety and Site Conditions

Gardeners Mortlake will operate in accordance with applicable health and safety requirements. The Customer agrees to maintain the Property in a condition that is reasonably safe for work.

The Customer must inform Gardeners Mortlake of any hazards or risks at the Property, including uneven ground, hidden obstructions, ponds or water features, unsafe structures, power cables or other utilities.

If, in the reasonable opinion of Gardeners Mortlake, site conditions or weather conditions make it unsafe or inappropriate to perform the Services, Gardeners Mortlake may suspend or postpone the work. In such cases, Gardeners Mortlake will seek to reschedule the visit, and any charges will be adjusted where appropriate.

6. Materials, Plants and Products

Where the Services include the supply of materials, plants, turf, compost, aggregates or other products, Gardeners Mortlake will source items of suitable quality for the intended use.

Natural products may vary in appearance, size and performance. Gardeners Mortlake is not responsible for variations that are inherent in such products, including natural discolouration or growth patterns.

Plant establishment and long-term growth are dependent on factors beyond the control of Gardeners Mortlake, including weather, soil conditions, pests, diseases and ongoing maintenance by the Customer. Unless expressly agreed in writing, Gardeners Mortlake does not provide guarantees for the survival or performance of plants after completion of the Services.

7. Waste Removal and Environmental Regulations

Gardeners Mortlake will handle green waste and other waste materials in compliance with applicable environmental and waste regulations.

Whether waste removal is included within the price of the Services will be stated in the quotation or booking confirmation. Where waste removal is not included, Gardeners Mortlake may leave bagged green waste at the Property for disposal by the Customer, or offer waste removal at an additional cost.

The Customer must not request or permit the disposal of waste in any way that would breach relevant regulations, including fly tipping or the use of unauthorised sites. Gardeners Mortlake reserves the right to refuse any instruction that would be unlawful or environmentally inappropriate.

8. Charges and Payment Terms

8.1 Pricing

The price for the Services will be as stated in the quotation or booking confirmation, subject to any agreed variations. Prices may be based on hourly rates, day rates, fixed project fees or a combination of these.

Where work is charged on a time basis, the minimum charge for each visit will be specified at the time of booking. Any additional charges for materials, waste removal, specialist equipment or travel will be agreed with the Customer where possible in advance.

8.2 Deposits

For certain projects, including larger works or those requiring the purchase of significant materials, Gardeners Mortlake may require a deposit before work commences. The amount and terms of any deposit will be confirmed in writing. Work may be postponed until the deposit has been received.

8.3 Payment terms

Unless otherwise agreed, payment for one-off services is due immediately upon completion of the Services. For ongoing maintenance or longer projects, Gardeners Mortlake may issue interim invoices, which are payable within the specified period stated on the invoice.

Payment methods will be communicated to the Customer. Gardeners Mortlake does not accept responsibility for cash sent by post or for any payment not made using the agreed method.

8.4 Late payment

If the Customer fails to pay any sum by the due date, Gardeners Mortlake may charge interest on the overdue amount at the statutory rate and may suspend further Services until full payment is received. Gardeners Mortlake may also recover any reasonable costs incurred in the collection of overdue amounts.

9. Cancellations and Rescheduling

9.1 Cancellation by the Customer

The Customer may cancel or request to reschedule a booking by giving reasonable notice. Unless otherwise agreed, at least 24 hours notice is required for cancellation or rescheduling of standard maintenance visits, and at least 72 hours notice for larger projects or full-day bookings.

If appropriate notice is not given, Gardeners Mortlake reserves the right to charge a cancellation fee, which may be up to the full price of the booked Services, to cover time reserved and any costs incurred.

9.2 Cancellation by Gardeners Mortlake

Gardeners Mortlake may cancel or reschedule a booking in the event of adverse weather, staff illness, equipment failure or other circumstances beyond its reasonable control. In such cases, Gardeners Mortlake will notify the Customer as soon as reasonably possible and will seek to arrange a new appointment time.

If Gardeners Mortlake cancels a booking without offering a reasonable alternative date, any deposit paid for that specific visit will be refunded.

10. Customer Obligations

The Customer agrees to:

Provide accurate information about the Property and the requested Services.

Ensure safe access to the Property at agreed times.

Keep pets and children away from working areas and equipment.

Follow any aftercare advice provided by Gardeners Mortlake in relation to lawn treatments, planting, watering and general garden maintenance.

Not instruct Gardeners Mortlake to perform any actions that would be unsafe, unlawful or in breach of environmental or waste regulations.

11. Liability and Limitations

Gardeners Mortlake will exercise reasonable care and skill in providing the Services. If damage is caused to the Property or possessions due to negligence by Gardeners Mortlake, the Customer must notify Gardeners Mortlake as soon as practicable and in any event within 7 days of becoming aware of the issue.

Where loss or damage arises, Gardeners Mortlake may, at its discretion, repair the damage, replace the item, or offer fair compensation. Any compensation will be subject to evidence of loss and to any applicable exclusions or limitations in these Terms and Conditions.

Gardeners Mortlake is not liable for:

Damage caused by pre-existing defects, structural weaknesses, or unsafe conditions at the Property.

Loss, damage or deterioration to plants, lawns or garden features due to weather, pests, diseases, acts of third parties or the Customer’s failure to follow aftercare advice.

Any indirect or consequential loss, including loss of enjoyment, loss of use, or loss of profit.

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 be limited or excluded under applicable law.

12. Complaints and Service Issues

If the Customer is dissatisfied with any aspect of the Services, the Customer should raise the issue with Gardeners Mortlake as soon as reasonably possible, ideally within 48 hours of the relevant visit. Gardeners Mortlake will investigate and, where appropriate, seek to remedy the situation, which may include rectification work or another reasonable solution.

Complaints raised a significant time after completion of the Services may be more difficult to assess, particularly where plants or natural materials are involved, and Gardeners Mortlake cannot guarantee remedial action in such cases.

13. Force Majeure

Gardeners Mortlake is not liable for any delay or failure to perform the Services due to circumstances beyond its reasonable control. This may include extreme weather, flooding, drought, storms, fire, industrial disputes, power failures, public health restrictions, or other events that could not reasonably be anticipated or prevented.

In such circumstances, Gardeners Mortlake may suspend or cancel affected bookings and will aim to resume or reschedule Services as soon as reasonably practicable.

14. Data Protection and Privacy

Gardeners Mortlake will collect and use personal information about Customers only as necessary to provide the Services, manage bookings, process payments and communicate about work. Personal data will be handled in accordance with applicable data protection legislation in the United Kingdom.

Customer details will not be sold to third parties. Information may be shared with third party service providers only where required for the performance of the Agreement or to comply with legal obligations.

15. Amendments to these Terms

Gardeners Mortlake may update or amend these Terms and Conditions from time to time. The version in force at the time the Customer makes a booking or accepts a quotation will apply to that Agreement. Any material changes will normally be posted or communicated in a reasonable manner.

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 and Conditions or the Services provided by Gardeners Mortlake.

17. General Provisions

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

Failure or delay by Gardeners Mortlake to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that or any other right or remedy.

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

These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between the parties in relation to the Services and supersede any prior discussions, correspondence or representations.