Gardeners Ham Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Ham provides gardening and related services to residential and commercial customers. By booking or receiving any service from Gardeners Ham, 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 shall have the following meanings:

Customer means the individual, business, or organisation requesting or receiving services from Gardeners Ham.

Services means gardening, garden maintenance, soft landscaping, clearance, and any other work agreed in writing or verbally between the Customer and Gardeners Ham.

Service Visit means a single attendance by Gardeners Ham personnel at the Customer property to perform the Services.

Quote or Quotation means an estimate or fixed price provided by Gardeners Ham for the Services.

Contract means the agreement between the Customer and Gardeners Ham incorporating these Terms and Conditions.

2. Scope of Services

Gardeners Ham provides general gardening and maintenance services, which may include lawn care, hedge trimming, pruning, planting, weeding, garden clearance, and other similar tasks as agreed with the Customer. Certain specialist services, such as major tree surgery, structural landscaping, or work at significant height, may be subject to separate terms or carried out only by third-party specialists.

The exact scope of each Service Visit will be as described in the Quote, booking confirmation, or other written or verbal agreement between the parties. Gardeners Ham will use reasonable skill and care in performing the Services but does not guarantee specific aesthetic outcomes, as gardening is subject to seasonal, environmental, and site-specific factors.

3. Booking Process

3.1 Initial enquiry

Customers may request a quote or provisional booking by contacting Gardeners Ham and providing a description of the property, the work required, and preferred dates. Gardeners Ham may request photographs or an in-person visit to assess the work before confirming a Quote.

3.2 Quotes and acceptance

Any Quote provided by Gardeners Ham is based on the information supplied by the Customer and any site inspection carried out. Quotes may be given as a fixed price for the described work or as an hourly or day rate with an estimated duration. A Quote will only become binding when accepted by the Customer and confirmed by Gardeners Ham.

3.3 Booking confirmation

A booking is considered confirmed when Gardeners Ham has issued a confirmation of the date, approximate arrival time, and scope of Services, and, where applicable, the Customer has paid any required deposit. By confirming a booking, the Customer acknowledges that they have read and accepted these Terms and Conditions.

3.4 Access and instructions

The Customer is responsible for ensuring that Gardeners Ham has safe and reasonable access to the garden or outdoor space at the agreed time. Any specific instructions, restrictions, or preferences must be communicated clearly in advance of the Service Visit. Gardeners Ham reserves the right to refuse or postpone work if access is unsafe, restricted, or significantly different from the description provided at the time of booking.

4. Pricing and Payments

4.1 Pricing basis

Services may be priced on a fixed-fee basis for the defined work, or on an hourly or daily labour rate plus materials. The quotation or booking confirmation will set out the applicable rates or fixed fee. Prices are inclusive or exclusive of any applicable taxes as stated in the Quote.

4.2 Deposits

Gardeners Ham may require a deposit for larger projects, initial visits, or where significant materials need to be purchased in advance. The deposit amount and due date will be stated in the Quote or booking confirmation. Work may not commence until the deposit has been received.

4.3 Payment terms

Unless otherwise agreed, payment for one-off visits is due on completion of the Service Visit. For ongoing maintenance services, payment terms may be agreed as per-visit, weekly, monthly, or in accordance with an agreed schedule. All invoices are payable within the payment period stated on the invoice.

4.4 Late payment

If the Customer fails to pay any sum due by the due date, Gardeners Ham may charge interest on the overdue amount at a reasonable rate and may suspend further Services until all outstanding amounts are paid in full. Gardeners Ham may also recover any reasonable costs incurred in the collection of overdue payments.

4.5 Variations and additional work

If, during a Service Visit, it becomes apparent that additional work is required or requested beyond the original scope, Gardeners Ham will seek the Customer agreement before proceeding. Additional work may be charged at the prevailing hourly or daily rate or as otherwise agreed, and may be invoiced separately or added to the final invoice.

5. Cancellations, Rescheduling and Delays

5.1 Customer cancellations

The Customer may cancel or reschedule a booking by providing reasonable notice. Where possible, Gardeners Ham requests at least 48 hours notice for cancellations or rescheduling of a Service Visit. Gardeners Ham reserves the right to charge a reasonable cancellation fee if the Customer cancels with short notice or repeatedly cancels booked visits.

5.2 Gardeners Ham cancellations

Gardeners Ham may cancel or reschedule a Service Visit due to adverse weather conditions, staff illness, equipment failure, safety concerns, or other circumstances beyond its reasonable control. In such cases, Gardeners Ham will inform the Customer as soon as reasonably possible and offer an alternative date. Gardeners Ham shall not be liable for any loss arising from such cancellation or rescheduling.

5.3 Access issues

If Gardeners Ham attends the property but is unable to gain access or commence work due to circumstances within the Customer control, such as locked gates or obstructed access, Gardeners Ham may charge a call-out fee or a proportion of the quoted price to cover time and travel costs.

5.4 Weather and seasonal conditions

Some gardening tasks cannot be performed safely or effectively in certain weather or seasonal conditions. Gardeners Ham reserves the right to adapt, postpone, or modify the Services where conditions render the planned work inappropriate or unsafe. Where possible, alternative tasks may be undertaken within the agreed time, subject to Customer approval.

6. Customer Obligations

The Customer agrees to:

Provide accurate information regarding the property, existing plants, boundaries, utilities, and any known hazards.

Ensure safe, unobstructed access to the garden or outdoor areas during the arranged times.

Keep children, pets, and other occupants away from work areas and equipment while the Services are being carried out.

Inform Gardeners Ham of any relevant restrictions or covenants affecting the property, such as tree preservation, conservation status, or shared boundaries.

Obtain any necessary permissions or consents from neighbours, landlords, or relevant authorities where required.

Gardeners Ham may refuse to perform or continue work if site conditions are unsafe or if the Customer fails to meet these obligations.

7. Tools, Materials and Waste

7.1 Tools and equipment

Gardeners Ham will generally supply its own tools and equipment necessary to perform the Services. If the Customer requests that Gardeners Ham use Customer tools or equipment, this will be at the Customer risk and Gardeners Ham will not be liable for any damage to such items, except where caused by deliberate misconduct.

7.2 Materials and plants

Where materials, plants, composts, or other items are supplied by Gardeners Ham, these will be charged at the agreed rate. Ownership of such materials will pass to the Customer once full payment has been received. Gardeners Ham cannot guarantee the longevity or performance of living plants once the Service Visit is complete, as their survival depends on ongoing care and environmental factors outside Gardeners Ham control.

7.3 Garden waste regulations

Gardeners Ham will handle garden waste in accordance with applicable waste disposal regulations. By default, garden waste will be left neatly on site for the Customer own disposal, unless the Quote or booking confirmation expressly includes removal of waste.

If waste removal is included or separately requested, Gardeners Ham will remove garden waste in a lawful manner and may charge based on volume, weight, or time taken to transport and dispose of waste. Certain items, such as soil, hardcore, large tree trunks, or contaminated materials, may incur additional charges or may not be removed.

The Customer must not request Gardeners Ham to dispose of waste in any unlawful manner, such as fly-tipping or burning in unsuitable conditions. Gardeners Ham reserves the right to refuse any waste removal request that does not comply with legal or environmental requirements.

8. Liability and Insurance

8.1 Duty of care

Gardeners Ham will exercise reasonable skill and care in providing the Services. However, gardening work inherently involves disturbance of soil, existing vegetation, and outdoor features, and some temporary disruption should be expected.

8.2 Limitations of liability

To the fullest extent permitted by law, Gardeners Ham shall not be liable for:

Any loss or damage arising from inaccurate or incomplete information provided by the Customer.

Incidental or consequential losses, including loss of enjoyment, future profits, or business interruption.

Damage to plants, lawns, or features that arises from pre-existing conditions, pests, diseases, extreme weather, or lack of subsequent care.

Minor damage or wear to surfaces that is reasonably incidental to the performance of the Services, such as footprints on lawns or minor scuffing.

Gardeners Ham total liability in respect of any claim arising out of the Contract shall, where lawful, be limited to the total amount paid or payable by the Customer for the specific Service Visit giving rise to the claim.

8.3 Personal property and valuables

The Customer is responsible for removing or securing any personal items, ornaments, or valuables in the garden or work areas before the Service Visit. Gardeners Ham shall not be liable for damage to or loss of such items unless caused by proven negligence.

8.4 Insurance

Gardeners Ham will maintain appropriate insurance cover for its business activities as required by applicable regulations. Evidence of insurance may be made available to Customers upon reasonable request.

9. Health, Safety and Environmental Matters

Gardeners Ham will carry out the Services with regard to applicable health and safety and environmental obligations. Customers must not request Gardeners Ham to undertake any activity that is unsafe, unlawful, or contrary to good horticultural practice.

Use of machinery, tools, and any treatments such as fertilisers or herbicides will be undertaken with reasonable care. If the Customer has concerns about the use of certain products, they must raise these in advance. Customers are advised to keep children and pets away from treated areas for an appropriate period, as advised by Gardeners Ham or product instructions.

10. Complaints and Defects

10.1 Reporting issues

If the Customer is dissatisfied with any aspect of the Services, they should notify Gardeners Ham as soon as possible, ideally within 48 hours of the Service Visit. Gardeners Ham will review the concern and, where appropriate, may arrange a revisit or propose a remedy.

10.2 Inspection and remedies

Gardeners Ham reserves the right to inspect the work area before agreeing to any remedy. If a defect or shortcoming is found to be due to Gardeners Ham failure to exercise reasonable skill and care, Gardeners Ham will seek to rectify it within a reasonable time. If the issue arises from factors outside Gardeners Ham control, such as weather, pests, or lack of subsequent maintenance, Gardeners Ham will not be obliged to provide a free remedy.

11. Termination of Ongoing Services

For regular maintenance contracts or ongoing services, either party may terminate the arrangement by giving reasonable written or verbal notice, typically at least two weeks, unless otherwise agreed. Gardeners Ham may terminate immediately if the Customer fails to pay sums due, behaves abusively toward staff, or requests work that is unlawful or unsafe.

Any sums owed for Services already performed, materials supplied, or waste removed up to the date of termination shall remain payable.

12. Data Protection and Confidentiality

Gardeners Ham will handle personal information supplied by Customers in accordance with applicable data protection laws. Customer details will be used primarily for managing bookings, providing Services, and handling accounts and queries. Gardeners Ham will not sell Customer personal data to third parties.

Reasonable steps will be taken to keep Customer information secure. By providing their details, Customers consent to being contacted about their bookings and, where they have agreed, about relevant services and offers. Customers may request that their details are updated or removed where permitted by law.

13. Changes to Terms and Conditions

Gardeners Ham may update these Terms and Conditions from time to time. The version in force at the time of booking will apply to that booking. Customers are encouraged to review the Terms and Conditions periodically, especially if they make repeat or ongoing bookings.

14. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services provided by Gardeners Ham, 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 their subject matter.

By proceeding with a booking or receiving Services from Gardeners Ham, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.