Gardeners Maryland Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Maryland provides gardening and related services to residential and commercial customers. By booking or receiving any service from Gardeners Maryland, you agree to be bound by these Terms and Conditions. If you do not agree, you must not proceed with a booking or accept services.

1. Definitions

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

Customer means the person or organisation requesting or receiving services from Gardeners Maryland.

Services means any gardening, grounds maintenance, planting, lawn care, hedge cutting, garden clearance, soft landscaping, seasonal work, or related work supplied by Gardeners Maryland.

Site or Premises means the garden, land or property where the Services are to be carried out.

Contract means the agreement between Gardeners Maryland and the Customer comprising these Terms and Conditions and any written quotation or confirmation of booking.

2. Scope of Services

Gardeners Maryland provides routine and one-off gardening and grounds maintenance services within its normal service area. The exact scope of work for each visit will be as agreed between the parties at the time of booking, quotation or confirmation, and may include some or all of the following.

General garden maintenance, including mowing, edging, weeding, pruning and tidying.

Lawn care services, including scarifying, aeration, feeding and treatment where agreed.

Hedge, shrub and small tree maintenance, subject to height, access and safety limitations.

Planting and soft landscaping, including bed preparation, mulching and seasonal planting.

Garden clearance and green waste handling subject to the waste regulations section below.

Any additional or specialist services will only be provided if expressly confirmed in writing by Gardeners Maryland.

3. Booking Process

3.1 Customers may request a quotation or make a booking for Services by contacting Gardeners Maryland and providing accurate information about the Site, required work, access and any specific circumstances that could affect the job.

3.2 Gardeners Maryland may provide an estimated price based on a description from the Customer, or may recommend a site visit before confirming a quotation. Where a quotation is given following an inspection, it will usually be more accurate than one based solely on a description.

3.3 A booking is only deemed confirmed when Gardeners Maryland has provided written confirmation of the date, time window, scope of Services and any applicable charges, and the Customer has accepted these terms. Acceptance may be by written confirmation or by allowing the Services to commence.

3.4 For certain larger or more complex jobs, Gardeners Maryland may require a signed acceptance of the quotation and these Terms and Conditions before work begins.

3.5 Gardeners Maryland reserves the right to refuse any booking or to cancel any appointment where it reasonably believes the work cannot be carried out safely, lawfully or within its operational capacity.

4. Access to the Site

4.1 The Customer is responsible for providing safe and reasonable access to the Site on the agreed date and time. This includes ensuring that any gates are unlocked, access routes are clear, and any necessary permissions from neighbours, landlords or managing agents have been obtained.

4.2 If Gardeners Maryland is unable to gain access to the Site or to the areas where work is to be carried out, the visit may be cancelled or rescheduled. In such circumstances, Gardeners Maryland may charge a call out or wasted journey fee to cover reasonable costs.

4.3 The Customer must inform Gardeners Maryland in advance of any hazards, restrictions, underground services, fragile surfaces, or other conditions that might affect the safe performance of the Services. Gardeners Maryland will not be liable for any damage arising where such information has not been provided or is inaccurate.

5. Customer Obligations

5.1 The Customer must ensure that pets, children and other persons are kept away from the working area for the duration of the visit, and that the work area is reasonably clear of personal items and obstructions.

5.2 The Customer must not request work that would require Gardeners Maryland to breach any applicable law, regulation or code of practice, including those relating to waste, wildlife, protected species, tree preservation or planning controls.

5.3 The Customer is responsible for securing any necessary consents or permissions for work, such as landlord consent or consent from neighbouring property owners where relevant.

6. Pricing and Quotations

6.1 Prices for Services may be based on an hourly rate, a fixed price for a specified job, or a regular maintenance fee. The applicable pricing structure will be set out in the quotation or booking confirmation.

6.2 Any quotation is given in good faith based on the information available at the time. If the actual work required is significantly different from that anticipated, or if hidden obstacles, access issues or hazards are discovered, Gardeners Maryland may adjust the price or scope of Services accordingly. In such cases, the Customer will be informed as soon as reasonably practicable and may choose whether or not to proceed.

6.3 Unless stated otherwise, prices are exclusive of any governmental charges or levies that may apply. Any such additional sums, if applicable, will be added to the invoice.

7. Payments and Invoicing

7.1 Payment terms will be confirmed at the time of booking. Gardeners Maryland may require payment in advance, payment on completion of each visit, or payment within a specified number of days from the date of invoice.

7.2 Payment methods will be as notified by Gardeners Maryland from time to time. The Customer must use the reference and details provided to ensure prompt allocation of funds.

7.3 For regular maintenance contracts, Gardeners Maryland may issue periodic invoices according to the agreed schedule. The Customer remains responsible for timely payment regardless of weather or minor schedule variations, except where visits are cancelled in accordance with these Terms and Conditions.

7.4 If any payment is not received by the due date, Gardeners Maryland reserves the right to charge interest on the overdue amount and to suspend or cancel further Services until full payment is made. Persistent late payment may result in termination of the Contract.

8. Cancellations and Rescheduling

8.1 The Customer may cancel or reschedule an appointment by giving reasonable notice. Unless otherwise agreed, at least two full working days notice should be given before the scheduled visit.

8.2 Where insufficient notice is given, Gardeners Maryland may charge a cancellation fee or a proportion of the anticipated charges to cover time allocated and any costs incurred.

8.3 Gardeners Maryland may cancel or reschedule a visit due to adverse weather, staff illness, equipment failure, access problems or other circumstances beyond its reasonable control. In these situations, Gardeners Maryland will aim to provide as much notice as possible and to arrange a new appointment at a mutually convenient time. No liability will arise for such cancellations or delays, other than a refund of any pre-paid amounts for Services not provided.

8.4 For larger projects, special cancellation terms may apply and will be detailed in the quotation or project agreement.

9. Waste Handling and Regulations

9.1 Gardeners Maryland will comply with applicable waste and environmental regulations when handling green waste and other materials generated during the provision of Services.

9.2 Unless expressly included in the quotation or booking, the removal and disposal of green waste or other debris from the Site is not automatically included. The Customer should confirm at the time of booking whether waste removal is required and will be advised of any additional charges.

9.3 Where waste removal is included, Gardeners Maryland will take reasonable steps to ensure that waste is transported and disposed of in accordance with relevant legal requirements. Gardeners Maryland reserves the right to decline to remove any waste that is hazardous, contaminated, or not reasonably related to the gardening Services provided.

9.4 As an alternative to waste removal, Gardeners Maryland may, with the Customer’s agreement, place green waste in suitable compost areas, garden waste bins or other on-site storage provided by the Customer, where this is lawful and appropriate.

10. Health, Safety and Environmental Matters

10.1 Gardeners Maryland will use reasonable care and skill to perform the Services safely and to minimise disturbance to the Site and surrounding properties.

10.2 The Customer acknowledges that gardening work involves the use of tools, machinery and chemicals, and may create noise and temporary disruption. The Customer must cooperate with any reasonable health and safety measures requested by Gardeners Maryland.

10.3 Gardeners Maryland may refuse to carry out or continue work where it considers that conditions are unsafe, unlawful or unsuitable. This may include severe weather, dangerous terrain, unsafe structures or aggressive behaviour. In such cases, Gardeners Maryland may charge for work already undertaken and for any wasted time or costs.

11. Liability and Limitations

11.1 Gardeners Maryland will exercise reasonable care and skill in providing the Services. If the Customer believes that the Services have not been carried out with reasonable care and skill, the Customer must notify Gardeners Maryland promptly, and in any event within a reasonable time after becoming aware of the issue.

11.2 Where a justified complaint is made, Gardeners Maryland may choose to re-perform the relevant part of the Services, issue a credit, or provide a refund for the affected portion of the work, at its discretion. This shall be the Customer’s sole and exclusive remedy in respect of any defective Services.

11.3 Gardeners Maryland will not be liable for any damage to plants, lawns, trees or shrubs that arises from pre-existing disease, pest infestation, poor planting conditions, improper watering, extreme weather, or the Customer’s failure to follow aftercare advice.

11.4 Gardeners Maryland will not be responsible for minor damage or wear and tear to surfaces, lawn edges or soil structure that is reasonably incidental to the performance of normal gardening work, provided reasonable care has been exercised.

11.5 Gardeners Maryland shall not be liable for any indirect or consequential loss, loss of enjoyment, loss of profits, or loss of value of property arising from the Services, whether in contract, tort or otherwise, to the fullest extent permitted by law.

11.6 Nothing in these Terms and Conditions limits or excludes any liability that cannot be limited or excluded by law.

12. Insurance

12.1 Gardeners Maryland will maintain appropriate insurance cover for its business operations as required by applicable law and good practice.

12.2 The existence of insurance does not extend Gardeners Maryland’s liability beyond that set out in these Terms and Conditions or create any direct rights for the Customer against any insurer.

13. Intellectual Property and Materials

13.1 Any designs, planting plans, recommendations or written materials provided by Gardeners Maryland remain its intellectual property unless otherwise agreed in writing. The Customer may use such materials only for the purpose of implementing or maintaining the garden or landscape to which they relate.

13.2 Where Gardeners Maryland supplies plants, materials or products as part of the Services, ownership of those items will generally pass to the Customer once payment has been made in full. Any guarantees or warranties on such items are subject to the manufacturer’s terms and the Customer’s compliance with any specified care instructions.

14. Data and Privacy

14.1 Gardeners Maryland may collect and process personal information about the Customer in order to provide the Services, manage bookings, issue invoices and comply with legal obligations.

14.2 Customer information will be handled in accordance with applicable data protection laws. Gardeners Maryland will take reasonable steps to keep such information secure and will not sell personal data to third parties.

15. Termination

15.1 Either party may terminate an ongoing maintenance arrangement by giving reasonable written notice, subject to any minimum term or specific notice period agreed at the outset.

15.2 Gardeners Maryland may terminate the Contract immediately where the Customer commits a serious breach of these Terms and Conditions, fails to pay sums due, behaves abusively towards staff, or requests unlawful or unsafe work.

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

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 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.

17. General Provisions

17.1 If any part of these Terms and Conditions is found to be invalid or unenforceable by a court or other competent authority, the remaining provisions shall continue in full force and effect.

17.2 No failure or delay by Gardeners Maryland in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that right or remedy.

17.3 Gardeners Maryland may update these Terms and Conditions from time to time. The version in force at the time of the Customer’s booking or renewal of services will apply to that booking or period.

17.4 These Terms and Conditions, together with any written quotation or booking confirmation, constitute the entire agreement between Gardeners Maryland and the Customer in relation to the Services and supersede any previous understandings or representations.