Gardeners Barbican Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Barbican provides gardening and related services to residential and commercial customers. 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:

Customer means the person, firm or organisation requesting the services.

Services means any gardening, grounds maintenance, planting, soft landscaping, garden clearance, lawn care, hedge cutting, pruning, or related work provided by Gardeners Barbican.

Contract means the agreement between Gardeners Barbican and the Customer for the provision of Services, incorporating these Terms and Conditions and any written quotation or order confirmation.

2. Scope of Services

Gardeners Barbican provides general gardening and grounds maintenance services within its operating area. The exact scope of work for each visit or project will be as agreed in writing in a quotation, email confirmation, or job description provided to the Customer.

Unless expressly agreed otherwise in writing, Services do not include structural works, electrical works, plumbing, tree surgery requiring specialist qualifications or equipment, or any activity requiring specific statutory permissions. If the Customer requests additional services outside the original scope, Gardeners Barbican may provide a revised quotation or adjust the price accordingly.

3. Booking Process

Customers may request a booking by contacting Gardeners Barbican and providing details of the property, access arrangements, and the required Services. Bookings are subject to availability and are not confirmed until Gardeners Barbican issues a written confirmation or accepts the booking verbally and schedules a visit.

Gardeners Barbican may, at its discretion, arrange an initial visit or assessment to review the garden, confirm requirements and identify any constraints. Quotations are usually based on the information provided and the condition of the garden at the time of assessment.

The Customer is responsible for ensuring that all information supplied is accurate and complete. If it becomes apparent on arrival that the actual work required is significantly different from that described at the time of booking, Gardeners Barbican reserves the right to amend the quotation, adjust the price, or decline to carry out the work.

4. Quotations and Estimates

Any quotation or estimate is provided in good faith based on the information available at the time. Quotations will set out, where possible, the nature of the Services, materials to be supplied, and the pricing basis.

Unless otherwise stated, quotations are valid for 30 days from the date of issue. If the Customer wishes to proceed after this period, Gardeners Barbican may review and, if necessary, revise the quotation to reflect any changes in costs, availability, or garden condition.

Where work is charged on an hourly or daily rate, the final cost will depend on the actual time spent on site. Gardeners Barbican will use reasonable efforts to provide an indication of likely duration but does not guarantee completion within any estimated time where Services are charged on a time basis.

5. Access and Site Conditions

The Customer must ensure that Gardeners Barbican has safe and reasonable access to the property and all areas where work is to be carried out. This includes providing any necessary keys, access codes, or permission for entry via shared spaces. If access is not available at the agreed time, Gardeners Barbican may treat the visit as a late cancellation and apply a charge in accordance with the cancellation terms.

The Customer is responsible for ensuring that the garden is reasonably clear of obstacles such as toys, garden furniture and pet waste, and that any known hazards are reported in advance. Gardeners Barbican reserves the right to suspend or modify work where site conditions present a health and safety risk, or where obstructions materially impede the performance of the Services.

6. Customer Responsibilities

The Customer agrees to cooperate with Gardeners Barbican and to provide any information reasonably required to perform the Services. The Customer must inform Gardeners Barbican of any underground services, cables, pipes, or other concealed features that could be affected by digging, staking, or planting.

Where the Customer supplies materials, plants, or equipment, the Customer is responsible for ensuring they are suitable for the intended use. Gardeners Barbican accepts no liability for defects, failure, or issues arising from materials or plants not supplied by Gardeners Barbican.

The Customer agrees not to interfere with or direct the staff of Gardeners Barbican in a manner that conflicts with safe working practices or the agreed scope of works. Any request to materially change the scope of work should be made to Gardeners Barbican so that costs and timings can be reviewed.

7. Payments and Pricing

Prices for Services will be communicated to the Customer in advance of work commencing, either as a fixed quotation, a schedule of rates, or an hourly or daily rate. Unless agreed otherwise, all prices are stated exclusive of any applicable taxes or statutory charges.

Gardeners Barbican may require a deposit for certain projects, particularly where materials or plants are to be purchased in advance. The amount and timing of any deposit will be set out in the quotation or booking confirmation. Deposits are generally non-refundable once materials have been ordered, except where Gardeners Barbican cancels the Contract without fault on the part of the Customer.

Unless agreed otherwise in writing, payment for one-off visits and shorter projects is due immediately upon completion of the Services. For ongoing maintenance contracts or longer projects, Gardeners Barbican may issue interim invoices according to a schedule or at regular intervals.

Payment must be made using a method accepted by Gardeners Barbican. The Customer is responsible for ensuring that payment is received in full and on time. If payment is late, Gardeners Barbican may suspend further Services, charge interest on overdue sums, and recover any reasonable costs incurred in pursuing payment.

8. Cancellations and Rescheduling

The Customer may cancel or request to reschedule a booking by providing reasonable notice. Unless otherwise specified in a separate agreement, at least 24 hours notice before the scheduled start time is required for standard maintenance visits. For larger projects where materials have been ordered or allocated, longer notice may be required as specified in the quotation or booking confirmation.

If the Customer cancels with less than the required notice, Gardeners Barbican may apply a cancellation charge to cover time allocated, travel costs, and any non-refundable materials or plant orders. Where Gardeners Barbican is able to reallocate the time to another customer, any cancellation charge may be reduced at the discretion of Gardeners Barbican.

Gardeners Barbican reserves the right to cancel or reschedule a booking due to adverse weather, staff illness, access issues, safety concerns, or other circumstances beyond its reasonable control. In such cases, Gardeners Barbican will aim to provide as much notice as possible and to arrange an alternative date. Gardeners Barbican will not be liable for any loss arising from such cancellation or rescheduling, but any deposits relating specifically to the cancelled appointment will be applied to a future visit or, if appropriate, refunded.

9. Weather and Seasonal Conditions

Certain gardening tasks are dependent on weather and seasonal conditions. Gardeners Barbican may advise that particular activities, such as planting, lawn treatments or pruning, are postponed or adjusted for horticultural reasons or safety. If the Customer instructs Gardeners Barbican to proceed against professional advice, Gardeners Barbican accepts no liability for poor results or plant failure arising from unsuitable timing or conditions.

10. Materials, Plants and Warranty

Where Gardeners Barbican supplies materials, plants, or turf, it will use reasonable care to ensure they are of satisfactory quality and suitable for the intended purpose, based on the information provided by the Customer. Natural products such as plants, turf, bark and compost are subject to variations in appearance and performance.

After installation or planting, the ongoing success of plants and lawns will depend on proper care, watering, feeding and pest control by the Customer. Gardeners Barbican will provide general care guidance where appropriate but cannot guarantee growth or survival, as factors such as weather, soil conditions, pests, disease and maintenance are beyond its control. Any guarantee or warranty relating to plants or materials will be limited to that expressly stated in writing and subject to the Customer following the care instructions provided.

11. Waste Handling and Regulations

Gardeners Barbican will handle green waste in accordance with applicable regulations relating to garden refuse and environmental standards. Unless explicitly included in the quotation, prices do not automatically include removal of waste from the property.

Where waste removal is requested and agreed, Gardeners Barbican will either remove the waste for lawful disposal or arrange for it to be placed in the Customer's designated garden waste receptacles where such facilities exist. Any additional charges for waste removal will be specified in advance where possible.

Certain types of waste, such as soil, rubble, contaminated material or non-garden waste, may require specialist disposal and may be subject to higher charges or separate arrangements. Gardeners Barbican reserves the right to decline the removal of waste that falls outside the normal scope of garden waste or that would breach waste handling regulations.

12. Health and Safety

Gardeners Barbican takes health and safety seriously and will work in accordance with relevant guidance and safe working practices. Staff will use appropriate tools and equipment, and where necessary, protective clothing. The Customer must not ask staff to undertake tasks that are unsafe or require specialist equipment or training beyond the normal remit of gardening services.

Children, pets and other occupants should be kept away from areas where work is being carried out, especially where machinery, tools or chemicals are in use. The Customer is responsible for ensuring that pets are contained and that access is safe and unobstructed.

13. Liability and Limitations

Gardeners Barbican will exercise reasonable skill and care in providing the Services. If the Customer is dissatisfied with any aspect of the work, they must notify Gardeners Barbican as soon as reasonably possible so that any issues can be investigated and, where appropriate, remedied.

Gardeners Barbican will not be liable for any damage, loss or injury caused by defects in the Customer's property, equipment or materials, or by the Customer failing to provide accurate information about underground services, boundaries or hazards.

Except where liability cannot be limited by law, Gardeners Barbican's total liability arising under or in connection with the Contract, whether in contract, tort or otherwise, will be limited to the total price paid or payable for the specific Services giving rise to the claim. Gardeners Barbican will not be liable for any indirect or consequential loss, loss of enjoyment, loss of profits, or loss of opportunity arising from the provision or non-provision of the Services.

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

14. Damage to Property

Gardeners Barbican will take reasonable care to avoid damage to the Customer's property, including lawns, flower beds, paving and fixtures. Some incidental scuffing, marking or disturbance may however be unavoidable when moving tools, wheelbarrows or materials. The Customer accepts that minor, cosmetic or temporary disturbance is inherent in gardening work.

If significant damage is caused directly by the negligence of Gardeners Barbican, the Customer must report this as soon as reasonably possible and allow Gardeners Barbican an opportunity to inspect and, where appropriate, repair or make good the damage. Any claim for damage must be supported by evidence and raised within a reasonable time of completion of the relevant work.

15. Complaints and Dispute Resolution

If the Customer has any complaint or concern about the Services, they should raise this with Gardeners Barbican promptly, giving a clear description of the issue and, where possible, photographs or other evidence. Gardeners Barbican will aim to investigate and respond within a reasonable period and, if necessary, arrange a visit to assess the matter on site.

Both parties agree to make reasonable efforts to resolve any dispute amicably through discussion and negotiation in the first instance. If a dispute cannot be resolved informally, either party may pursue its legal rights in accordance with the governing law and jurisdiction provisions set out in these Terms and Conditions.

16. Termination

For ongoing maintenance arrangements, either party may terminate the Contract by giving reasonable notice in writing, unless a different notice period has been agreed. Gardeners Barbican may terminate or suspend the Contract immediately if the Customer fails to pay sums due, refuses reasonable access, behaves abusively towards staff, or otherwise materially breaches these Terms and Conditions.

Upon termination, the Customer must pay for all Services provided up to the date of termination and for any materials or plants ordered specifically for the Customer which cannot reasonably be cancelled or reused.

17. Changes to Terms and Conditions

Gardeners Barbican may update or amend these Terms and Conditions from time to time to reflect changes in law, best practice or the way Services are delivered. The version in force at the time of booking will generally apply to that booking, although minor procedural updates that do not materially affect the Customer's rights or obligations may take effect immediately.

18. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them, or with the provision of the Services, shall be governed by and construed in accordance with the laws of England and Wales.

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 their subject matter, save that Gardeners Barbican retains the right to bring proceedings to recover unpaid sums in any other jurisdiction where the Customer resides or holds assets, where permitted by law.

19. General Provisions

If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

No failure or delay by Gardeners Barbican in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy. The Customer may not assign or transfer their rights or obligations under the Contract without the prior written consent of Gardeners Barbican.

These Terms and Conditions, together with any quotation or written agreement relating to specific Services, constitute the entire agreement between Gardeners Barbican and the Customer in relation to the provision of the Services.