Gardeners Barnes Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Barnes provides gardening and related outdoor services to residential and commercial clients. By booking or using our services, 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 expressions have the meanings set out below:
Client means the person, company or organisation requesting or receiving services from Gardeners Barnes.
Services means all gardening, garden maintenance, lawn care, hedge work, planting, soft landscaping, clearance, and any related works carried out by Gardeners Barnes.
Site means the garden, outdoor area, or property at which the Services are to be carried out.
Agreement means the contract between Gardeners Barnes and the Client for the provision of Services, incorporating these Terms and Conditions and any written quotation or confirmation.
2. Scope of Services
Gardeners Barnes provides general gardening and garden maintenance services which may include lawn mowing, edging, weeding, pruning, hedge cutting, planting, turfing, garden clearance, and related tasks. Any specialist work, such as tree surgery, structural landscaping, or construction, will only be undertaken if explicitly agreed in writing and may be subject to additional terms.
The exact scope of the Services for each booking will be set out verbally or in writing at the time of booking, in a quotation, or in a confirmation message. The Client is responsible for ensuring that the description of the required Services is accurate and complete.
3. Booking Process
3.1 Bookings may be requested by the Client by contacting Gardeners Barnes through its published communication channels. A booking is not confirmed until it has been accepted by Gardeners Barnes and a date and time for attendance at the Site has been agreed.
3.2 Gardeners Barnes reserves the right to decline any booking request at its sole discretion, including where the Services requested are not suitable for the Site or are outside the usual scope of work.
3.3 For larger or more complex projects, Gardeners Barnes may provide a written quotation following a Site visit. Quotations are normally valid for the period specified on the quotation, or if no period is stated, for 30 days from the date of issue. Acceptance of the quotation by the Client will constitute an Agreement subject to these Terms and Conditions.
3.4 The Client undertakes to provide accurate information regarding the size and condition of the garden, access arrangements, parking restrictions, and any specific requirements at the time of booking. Gardeners Barnes may adjust the fee or the scope of work if the information provided is incomplete or incorrect.
4. Access and Client Obligations
4.1 The Client must ensure that Gardeners Barnes has safe and reasonable access to the Site at the agreed date and time, including any necessary keys, codes, or instructions for entry.
4.2 The Client must ensure that all areas where the Services are to be carried out are reasonably clear of personal items, toys, furniture, and pet waste before the team arrives. Gardeners Barnes may refuse to work in unsafe or unsanitary conditions and may charge for any lost time or additional work required to make the Site suitable.
4.3 The Client is responsible for keeping children and pets away from work areas while Services are being carried out, for their own safety and that of the team.
4.4 The Client must inform Gardeners Barnes in advance of any known hazards or relevant issues at the Site, including but not limited to underground services, fragile surfaces, ponds, uneven ground, restricted access, or plants that must not be disturbed.
5. Materials, Equipment and Standards
5.1 Gardeners Barnes will provide its own tools and equipment necessary to carry out the agreed Services, unless otherwise stated in writing. The Client agrees not to misuse or interfere with any tools or equipment brought to the Site.
5.2 Where plants, turf, soil, mulch, or other materials are supplied by Gardeners Barnes, they will be of a quality consistent with normal industry standards for domestic and commercial garden services. Natural variations in appearance, growth, and performance are inherent in plants and turf and do not constitute a defect.
5.3 Any timescales for completion of work are estimates only and may be affected by weather conditions, access, unforeseen site conditions, or other factors beyond the reasonable control of Gardeners Barnes.
6. Pricing and Payments
6.1 Services may be charged on an hourly, daily, per-job, or fixed-fee basis, as communicated to the Client at the time of booking or in a written quotation.
6.2 All prices will be communicated in pounds sterling. Unless expressly stated otherwise, prices are inclusive of labour and standard use of equipment but may be exclusive of materials, waste disposal, and additional services.
6.3 Gardeners Barnes reserves the right to require a deposit for larger projects or where significant materials must be purchased in advance. The amount and timing of any deposit will be notified to the Client before work commences.
6.4 Payment terms will be notified at the time of booking or on the invoice. Unless otherwise agreed, payment is due on completion of the Services or on receipt of invoice. Gardeners Barnes may require payment on the day of service.
6.5 If the Client fails to make payment in full by the due date, Gardeners Barnes may charge interest on the overdue amount at the statutory rate allowable under UK law, accruing daily until payment is received in full. Gardeners Barnes may also suspend future services until all outstanding amounts have been settled.
7. Cancellations, Rescheduling and Delays
7.1 The Client may cancel or reschedule a booking by giving reasonable notice. Unless otherwise agreed, Gardeners Barnes requires at least 24 hours notice before the scheduled start time for standard maintenance visits and at least 72 hours notice for larger or project-based bookings.
7.2 If the Client cancels or reschedules with insufficient notice, Gardeners Barnes reserves the right to charge a cancellation fee, which may be up to the full price of the planned visit, to cover allocated time and any committed costs.
7.3 If Gardeners Barnes needs to cancel or reschedule a booking due to adverse weather, staff illness, equipment failure, or other reasons, it will notify the Client as soon as reasonably practicable and offer an alternative appointment. Gardeners Barnes is not liable for any losses arising from such cancellation or rescheduling, provided that reasonable efforts are made to rebook.
7.4 Gardeners Barnes is not responsible for delays or failure to perform the Services if caused by circumstances beyond its reasonable control, including severe weather, access restrictions, transport disruption, or safety concerns.
8. Waste Handling and Environmental Regulations
8.1 Garden waste generated during the provision of the Services may be left neatly bagged or in an agreed area within the Client’s property for disposal by the Client, unless waste removal has been specifically included in the quotation or agreed separately.
8.2 Where Gardeners Barnes agrees to remove garden waste from the Site, this may incur an additional charge to cover transport, disposal fees, and staff time. The applicable charge will be communicated to the Client in advance where practicable.
8.3 Gardeners Barnes will comply with applicable UK regulations relating to the transport and disposal of green waste and other materials. The Client must not request or permit Gardeners Barnes to dispose of waste in a manner that breaches local or national regulations.
8.4 Gardeners Barnes is not responsible for the disposal of hazardous, contaminated, or non-garden waste unless expressly agreed in writing and may refuse to handle such materials if discovered at the Site.
9. Health, Safety and Use of Chemicals
9.1 Gardeners Barnes will take reasonable care to carry out the Services safely and in accordance with applicable health and safety laws and guidance.
9.2 Where herbicides, pesticides, fertilisers, or other chemical treatments are used, they will be applied in line with manufacturer instructions and relevant regulations. The Client will be informed where such treatments are planned or have been applied.
9.3 The Client is responsible for following any safety advice given after the application of treatments, including restrictions on access to treated areas for children and pets for a specified period.
10. Liability and Limitations
10.1 Gardeners Barnes will exercise reasonable skill and care in performing the Services. If the Client believes that the Services have not been carried out with reasonable care and skill, the Client must notify Gardeners Barnes in writing within a reasonable time, and no later than 7 days after completion of the relevant work.
10.2 Where a defect in the Services is established and is attributable to Gardeners Barnes, its liability will be limited, at its option, to re-performing the Services or issuing a reasonable refund for the affected part of the work.
10.3 Gardeners Barnes is not liable for any loss or damage arising from pre-existing defects, structural issues, invasive plants, pests, diseases, or underlying conditions in the soil or garden that are not reasonably apparent during a visual inspection.
10.4 Gardeners Barnes is not responsible for damage to underground pipes, cables, or services that have not been clearly identified and marked by the Client in advance of the Services.
10.5 Gardeners Barnes will not be liable for any indirect, consequential, or economic loss, including loss of enjoyment, loss of profits, or loss of opportunity, arising from the provision of the Services, whether in contract, tort, or otherwise.
10.6 Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, for fraud, or for any other matter that cannot lawfully be excluded or limited under UK law.
11. Damage to Property
11.1 Gardeners Barnes will take reasonable care to avoid damage to property, including buildings, fences, paths, and garden features, while carrying out the Services.
11.2 Minor surface scuffs or marks to lawns, soil, or borders that are inevitable as part of normal gardening work do not constitute damage. However, if significant accidental damage is caused directly by the negligence of Gardeners Barnes, the Client must report it as soon as possible and within 48 hours of the incident.
11.3 Where damage is established and attributable to Gardeners Barnes, liability will be limited to the reasonable cost of repair or replacement of the damaged item, taking account of its age, condition, and fair wear and tear.
12. Complaints and Dispute Resolution
12.1 If the Client has any concerns about the Services, they should raise them with Gardeners Barnes at the earliest opportunity so that they can be addressed promptly.
12.2 Gardeners Barnes will investigate any complaint in good faith and will endeavour to resolve issues amicably. This may involve re-attending the Site, carrying out remedial work, or offering an appropriate adjustment where justified.
12.3 If a dispute cannot be resolved by informal discussion, either party may seek to use mediation or another form of alternative dispute resolution before starting court proceedings, where appropriate.
13. Termination
13.1 For ongoing maintenance arrangements, either party may terminate the Agreement by providing reasonable notice, typically no less than 14 days, unless a different period has been agreed.
13.2 Gardeners Barnes may terminate the Agreement immediately if the Client materially breaches these Terms and Conditions, fails to provide safe access, engages in abusive or threatening behaviour, or repeatedly fails to pay sums due.
13.3 Termination does not affect any rights or obligations that have already accrued at the date of termination, including the Client’s obligation to pay for Services already performed or costs already incurred.
14. Privacy and Data
14.1 Gardeners Barnes may collect and store basic contact and booking information about the Client for the purposes of managing appointments, providing Services, issuing invoices, and maintaining records.
14.2 Client information will be handled in accordance with applicable UK data protection laws. Gardeners Barnes will not sell personal data to third parties and will only share information where necessary to deliver the Services, comply with legal obligations, or with the Client’s consent.
15. Changes to These Terms
15.1 Gardeners Barnes may update or amend these Terms and Conditions from time to time. The latest version will apply to new bookings and to ongoing services after the Client has been notified of the change or the updated terms have been made reasonably available.
15.2 Continued use of the Services after any change to these Terms and Conditions constitutes acceptance of the updated terms.
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 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 Barnes.
By booking or using the Services of Gardeners Barnes, the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.
