Terms and Conditions for Landscaping Services

These Terms and Conditions apply to the provision of landscaping services by Landscaping Newcross and set out the basis on which services are booked, delivered, paid for and governed. By making a booking, confirming a quotation, or allowing work to proceed, the customer agrees to be bound by these terms. For the purposes of these Terms and Conditions, references to landscaping services include garden design implementation, planting, turfing, soft landscaping, hard landscaping, routine maintenance, clearance work, and related site services agreed in writing or verbally before the work begins.

These terms are intended to create a clear agreement between the customer and the service provider. They are written for domestic and commercial customers and should be read together with any quotation, work schedule, invoice, or written instruction that forms part of the agreed service. If any special term is set out in a quotation or written estimate, that term will apply alongside these general conditions unless it directly conflicts with a mandatory legal requirement. In that case, the legal requirement will prevail.

Unless otherwise agreed, all references to “we”, “us”, and “our” mean the landscaping contractor providing the services, and all references to “you” or “the customer” mean the person, business, landlord, tenant, managing agent, or other party requesting the work. Where a customer books on behalf of another person or organisation, the person placing the booking confirms that they have authority to do so and accept responsibility for payment unless agreed otherwise in writing.

Booking Process

A booking is usually made after an enquiry, inspection, site visit, or review of photographs and measurements supplied by the customer. Any quotation provided is based on the information available at the time. A quotation does not become a fixed contract until it is accepted by the customer and confirmed by us, whether by written acceptance, email approval, signed paperwork, deposit payment, or commencement of the work.

We may ask for additional information before confirming a booking, including access details, site conditions, utility locations, waste disposal needs, plant preferences, or any existing issues that may affect the work. The customer must provide accurate and complete information. If the customer withholds relevant details, such as drainage problems, hidden structures, protected plants, boundary issues, or difficult access, the agreed scope may need to be revised and the price adjusted accordingly.

All booking dates are offered subject to availability. Although we aim to meet agreed timeframes, any date or start time is an estimate unless we specifically confirm it as fixed. Weather, supply delays, traffic conditions, health and safety concerns, or unforeseen site conditions may affect scheduling. If a delay occurs, we will use reasonable efforts to rearrange the service without unnecessary disruption. The customer agrees that short notice changes may be necessary where conditions make work unsafe or impractical.

Scope of Service and Customer Responsibilities

The scope of work will be limited to the services described in the quotation, work order, or agreed written instructions. Any additions, changes, or extra work requested after booking may be treated as a variation and charged separately. This includes, without limitation, the removal of additional waste, treatment of unforeseen ground conditions, replacement materials, extra labour, or work required because the site is not as described.

The customer must ensure that the work area is accessible on the agreed date and that any necessary permissions, consents, or approvals are obtained in advance. This includes permissions from landlords, freeholders, management companies, neighbours where access is required, and local authorities where applicable. We are not responsible for delays, refusals, or enforcement action arising from the customer’s failure to secure the necessary approvals.

Where the customer asks us to work near buried services, water lines, electrical cables, drainage systems, or other hidden infrastructure, the customer must disclose any known risks in advance. Although we take reasonable care during landscaping work, we cannot guarantee that underground or concealed features will be identified without proper surveys. The customer remains responsible for notifying us of any known hazards and for arranging specialist checks where needed.

Payments

Payment terms will be set out in the quotation or invoice. Unless otherwise agreed, payment may be required in stages, on completion, or partly in advance where materials must be ordered. Deposits, where requested, secure booking of the service and may be non-refundable to the extent that work, labour, planning, or materials have been committed on the customer’s behalf. Full payment must be made by the due date shown on the invoice.

We reserve the right to suspend work if payment is overdue, a deposit has not been paid, or the customer fails to meet agreed payment milestones. If work is paused because of non-payment, any additional costs arising from remobilisation, rebooking, storage, or extended labour may be charged to the customer. Late payment may result in recovery action and reasonable costs incurred in collection may also be added where lawful.

All prices are quoted in pounds sterling unless stated otherwise. Where VAT applies, it will be shown separately or included in the quoted price as indicated. If the customer asks for materials or specifications that differ from those originally agreed, we may revise the price to reflect the additional cost of procurement, delivery, handling, or disposal. Estimates remain subject to adjustment where the final scope is materially different from the information originally provided.

Cancellations and Changes

The customer may cancel or reschedule a booking, but notice should be given as early as possible. If cancellation occurs after we have purchased materials, reserved labour, arranged waste removal, or prepared the site, the customer may be charged for those costs in full or in part. Where a booking is cancelled close to the scheduled start date, a cancellation fee may apply to cover lost time and preparation already undertaken.

If the customer wishes to change the scope, timing, or method of the work, we will consider the request reasonably, but any change is subject to our agreement. We may decline a change where it would affect safety, cost, programme, or quality of the finished result. If a change is accepted, the revised terms may be confirmed in writing or by an updated invoice, and the customer will be responsible for any resulting difference in price.

We may cancel or postpone a booking where circumstances beyond our control make it impossible or unsafe to proceed. This includes severe weather, supply shortages, equipment failure, staff illness, access problems, suspected contamination, or legal restrictions. If we cancel for such reasons, we will try to rearrange the service at a suitable time. We are not liable for indirect losses caused by a postponement, provided we act reasonably and promptly in informing the customer.

Waste Regulations and Site Clearance

Any waste arising from landscaping work, including soil, turf, branches, clippings, rubble, timber, packaging, and removed fixtures, will be handled in accordance with applicable UK waste laws and duty of care obligations. We may transport, store, sort, recycle, or dispose of waste using licensed or authorised facilities where required. The customer agrees not to request unlawful disposal methods and acknowledges that we may refuse to remove waste that is hazardous, contaminated, or outside the agreed scope.

Where waste transfer notes, carrier records, or similar documentation are required by law or by the nature of the material, these will be managed in the ordinary course of the service. If the customer asks us to retain or present records, we will do so where reasonably practicable. The customer must disclose any known hazardous materials, including asbestos, chemicals, oils, treated sleepers, invasive species, or contaminated soil, before work begins. Such materials may require specialist handling and may be excluded from standard landscaping quotations.

Unless expressly agreed otherwise, arisings remain the property of the customer until removed from site for lawful disposal or recycling. If the customer wishes to keep any waste, materials, stones, timber, or reclaimed items, this must be stated clearly before work starts. We accept no responsibility for items left in waste piles or skip areas after the agreed clearance point if the customer has not instructed us to preserve them. Any fly-tipping, illegal dumping, or non-compliant disposal requested by the customer will not be carried out under any circumstances.

Liability and Limitations

We will carry out the landscaping service with reasonable care and skill. If we make an error or there is a demonstrable defect in workmanship, our responsibility may be limited to rectifying the issue, re-performing the relevant work, or providing a reasonable refund for the affected part of the service, at our discretion and subject to legal requirements. Claims must be raised within a reasonable time after the issue is discovered.

We are not liable for losses caused by factors outside our control, including adverse weather, hidden defects, subsidence, pre-existing damage, third-party interference, defective materials supplied by the customer, or failure to maintain completed works after handover. Planting, turfing, and soft landscaping outcomes may be affected by seasonal conditions, irrigation, soil quality, and site exposure. Natural variation in growth, colour, texture, and establishment does not constitute a fault where the service has been delivered properly.

The customer is responsible for protecting valuables, fragile objects, pets, children, and ornamental features before work begins. Although we take reasonable precautions, landscaping work may involve tools, machinery, excavation, lifting, and movement of materials. To the fullest extent permitted by law, we are not responsible for indirect, consequential, or purely economic losses, and any liability that cannot be excluded by law shall be limited to the amount paid for the specific service giving rise to the claim.

Materials, Property, and Risk

Materials supplied by us remain our property until paid for in full where retention of title applies by law or contract. Risk in materials may pass at different times depending on delivery, storage, and installation. If the customer provides materials, we do not accept responsibility for defects, supplier delays, incorrect quantities, or unsuitability unless we expressly agreed to inspect and approve them in advance. Any defects in customer-supplied items may require variation to the original plan.

Where access to the property or garden requires gates, shared routes, lifts, corridors, communal land, or temporary storage space, the customer must arrange lawful access and ensure that no obstruction is created for neighbours or the public. We are not responsible for loss or damage caused by pre-existing defects in pathways, fences, walls, paving, or structures unless such damage is directly caused by our negligence. Reasonable wear from normal handling and equipment movement is not treated as damage.

Any plants, turf, trees, or hard landscaping items installed as part of the service should be cared for according to the maintenance instructions provided or reasonably implied by the nature of the work. Failure to water, feed, prune, protect, or otherwise maintain completed landscaping may affect performance and appearance. Unless a written maintenance agreement states otherwise, aftercare is the customer’s responsibility once the work is handed over.

Variation, Complaints, and Termination

If either party believes that the service needs to change because of site conditions, design amendments, material shortages, or safety concerns, the parties should discuss the issue promptly. We may issue a revised quotation or updated scope before continuing. If the customer refuses a reasonable variation necessary to complete the work safely or lawfully, we may suspend or terminate the affected part of the service and invoice for work already completed.

Any complaint about the service should be made as soon as reasonably possible after the issue arises. This allows us the opportunity to inspect the matter and, where appropriate, correct it. We may ask for photographs, access to the site, or a reasonable opportunity to return and assess the concern. The customer must not arrange third-party remedial work for an issue that we have not had a fair chance to review, unless urgent steps are needed to prevent further damage.

We may terminate the agreement immediately if the customer behaves abusively, refuses access, repeatedly fails to pay, requests unlawful disposal, or otherwise makes safe performance impossible. On termination, the customer must pay for work completed, materials ordered, and any non-cancellable commitments incurred up to the date of termination. Nothing in these terms limits any rights the customer may have under mandatory consumer law.

Governing Law

These Terms and Conditions are governed by the laws of England and Wales. Any dispute arising from or connected with the landscaping services, the quotation, payment, cancellation, liability, waste handling, or any related matter shall be dealt with by the courts of England and Wales, unless the customer is entitled to rely on a different jurisdiction under applicable law. If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force.

By proceeding with a booking, the customer confirms that they have read, understood, and accepted these Terms and Conditions. The intention is to maintain a fair, transparent, and practical framework for the delivery of professional landscaping services, ensuring that both parties know what to expect from booking through completion. These terms may be updated from time to time to reflect legal, operational, or commercial changes, and the version in force at the time of booking will apply unless otherwise agreed.