Terms and Conditions for Landscaping Services
These Terms and Conditions set out the basis on which landscaping services are provided by Landscaping Osterley and explain the rights and responsibilities of both the customer and the service provider. By making a booking, requesting a quotation, or allowing work to begin, the customer agrees to these terms. These conditions are intended to create a clear, fair, and practical agreement for landscaping services in Osterley and for related garden and outdoor works carried out in the UK.
Throughout this document, references to “we”, “us”, and “our” mean the landscaping service provider, and references to “you” and “your” mean the customer or person instructing the work. These terms apply whether the work involves soft landscaping, hard landscaping, planting, turfing, garden maintenance, fencing, patio work, drainage-related garden works, or similar services. Nothing in these terms limits any statutory rights that cannot legally be excluded.
1. Booking Process
All bookings are subject to availability and acceptance. A request for landscaping work does not create a confirmed booking until we have acknowledged the request and agreed the scope, date, and price or pricing basis. We may request photos, measurements, site access details, or other information before confirming a quotation or booking. This helps us assess the work properly and plan the necessary materials, labour, and equipment.
Where a quotation is provided, it will normally remain valid for a stated period, or, if no period is stated, for a reasonable time. A quotation is based on the information supplied by the customer and may change if the actual site conditions differ from those described or visible in images. If the work is varied after booking, we may revise the price, timing, and required resources. In some cases, a site visit may be necessary before we can confirm any landscaping services agreement.
Once a booking has been accepted, we will agree a proposed start date or service window. Dates may be affected by weather, supply delays, access problems, operational issues, or circumstances beyond our control. We will use reasonable efforts to keep to agreed schedules, but any dates given are estimates unless expressly confirmed as fixed. The customer must ensure that the site is ready for the work and that access is available at the agreed time.
2. Customer Responsibilities
Before work begins, you must provide accurate information about the property, existing installations, underground services, boundaries, easements, protected areas, and any hazards that may affect the work. You are responsible for ensuring that the area is safe and accessible, and that pets, children, valuables, and fragile items are moved away from the work area. If we need to work near utility services, the customer must inform us of any known service locations or restrictions.
3. Prices and Payments
Prices may be quoted as a fixed fee, day rate, hourly rate, or a combination of these, depending on the type of landscaping work. Unless stated otherwise, all prices are exclusive of VAT where VAT applies. Materials, waste transfer, parking charges, permits, specialist hire, and additional labour may be charged separately if they were not included in the original quotation. If unforeseen conditions arise, such as hidden roots, poor ground conditions, or unsafe structures, we may pause work and revise the quotation.
Payment terms will be agreed at the time of booking or stated on the invoice. We may require a deposit before ordering materials or reserving dates. Deposits may be non-refundable to the extent that they cover administration, scheduling, materials ordered to specification, or work already carried out. Unless otherwise agreed in writing, final payment is due upon completion of the work or within the period stated on the invoice. We reserve the right to suspend work if payments are overdue.
You must pay by the accepted payment methods stated on the invoice or booking confirmation. If payment is late, we may charge statutory interest and debt recovery costs where permitted by law. Any discount, promotional price, or special rate applies only to the specific work described and may be withdrawn if the scope changes. Partial payments do not mean that the work has been accepted as complete or defect-free.
4. Changes to the Work
If you ask us to change the agreed scope during the project, we will confirm whether the change is possible and whether it affects price or timing. Common variations may include altering plant choices, changing the size of an area, adding new features, or extending maintenance tasks. We are not obliged to carry out extra work unless we agree to it. Verbal requests may be acted upon, but we may require written confirmation to avoid misunderstanding.
If our team identifies a condition that makes the original plan impractical or unsafe, we may recommend an alternative method or material. Such recommendations are made to preserve quality, safety, and long-term performance. If no agreement can be reached on revised work, either party may terminate the affected element of the job on reasonable notice, subject to payment for work completed and any materials already committed.
5. Cancellations and Postponements
Where a booking is cancelled by the customer, we may retain or charge part of the deposit to cover costs already incurred, including administration, site assessment, materials ordered, and reserved labour time. The closer the cancellation is to the planned start date, the more likely it is that losses will be incurred and charged. If the customer cancels after work has started, they must pay for all work completed, materials used, and any non-returnable items ordered for the job.
If you wish to postpone a booking, we will try to accommodate a new date, but this cannot be guaranteed. Any rescheduled date will depend on availability and may require a revised quotation if prices, material costs, or site conditions have changed. We may cancel or postpone work due to severe weather, staff illness, supplier failure, unsafe conditions, or other events outside our reasonable control. In such cases, we will seek to rearrange the work as soon as practical.
6. Waste, Materials, and Environmental Compliance
All waste produced during landscaping services must be handled in accordance with applicable UK waste regulations, including duties relating to lawful transfer, disposal, and record-keeping where relevant. We will only remove waste that has been agreed as part of the service or that arises directly from the agreed works. Additional waste, contaminated waste, construction rubble, asbestos, chemicals, or hazardous items may require special handling and may incur extra charges or be excluded entirely.
We may transport green waste, soil, turf, branches, packaging, or general garden waste to a licensed facility or approved disposal point. Where waste transfer documentation, permits, or other records are required, these will be handled in accordance with legal requirements. The customer must not instruct us to dispose of waste unlawfully or to mix prohibited items with ordinary garden waste. If the site contains hidden waste, fly-tipped material, or suspect hazardous substances, we may stop work until the issue is assessed.
Any materials supplied for the project remain subject to our quality and storage requirements until installed or handed over. If you provide your own materials, you are responsible for their suitability unless we have expressly agreed to inspect or source them on your behalf. We do not guarantee the performance of customer-supplied materials if they are defective, mismatched, or inappropriate for the intended landscaping use.
7. Access, Safety, and Site Conditions
You must ensure that we have reasonable access to the site on the agreed dates and at the agreed times. This includes access for vehicles, plant, machinery, tools, and waste removal where relevant. If access is restricted, delayed, or prevented, we may charge for lost time, waiting time, or additional labour. We are not responsible for delays caused by locked gates, parking restrictions, missing keys, uncollected obstacles, or inaccurate access information.
We will take reasonable care to protect surrounding surfaces, structures, and planted areas, but landscaping works can involve ground disturbance, heavy materials, cutting equipment, and temporary disruption. Some settling, minor scarring, or natural variation in finish may occur depending on weather and site conditions. You acknowledge that living materials such as turf, shrubs, hedging, and trees are subject to seasonal variation and cannot be guaranteed to establish in every circumstance where the environment is unsuitable or aftercare is neglected.
8. Liability
We will carry out services with reasonable skill and care, using appropriately trained personnel and suitable materials or equipment. If we fail to do so, our liability will be limited to the re-performance of the affected work, a repair, or a reasonable refund, depending on what is appropriate in the circumstances. We do not exclude liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded under UK law.
We are not responsible for indirect or consequential losses, loss of enjoyment, loss of profit, or business interruption arising from landscaping work, except where such exclusion is not permitted by law. We are also not liable for damage caused by events outside our control, including extreme weather, ground movement, hidden defects, or pre-existing site problems not reasonably discoverable before work began. Any claim for damage must be notified to us as soon as reasonably possible and in any event within a reasonable period after discovery.
9. Complaints and Defects
If you believe there is a defect in the work, you should notify us promptly and provide reasonable details and, if possible, photographs. We may ask to inspect the issue before deciding on a remedy. Where a defect is attributable to our workmanship, we will usually offer repair or rectification within a reasonable time. We are not responsible for defects arising from misuse, lack of maintenance, movement of the ground, third-party interference, or failure to follow aftercare advice where such advice was provided.
Natural materials such as timber, stone, gravel, aggregates, and plants can vary in colour, texture, and appearance. Differences that are inherent to the material, or caused by natural ageing and exposure, do not necessarily amount to a defect. Similarly, small discrepancies in level, alignment, or spacing may be acceptable where they are within normal trade tolerances and do not affect the proper use of the installed feature.
10. Ownership and Risk
Ownership of materials supplied by us does not pass to the customer until payment has been received in full, unless we agree otherwise in writing. Risk in the goods usually passes on delivery to site or on installation, depending on the nature of the item and the stage of the work. If you choose to store materials on site before installation, you do so at your own risk unless we have agreed in writing to accept responsibility for them.
Any plants, turf, or other living materials supplied as part of the service must be watered, protected, and maintained in accordance with reasonable aftercare needs. Failure to maintain the installed area can affect appearance, rooting, and long-term success. We may refuse warranty-style support where poor care, extreme weather, pests, disease, or unauthorised alteration has affected the outcome.
11. Suspension and Termination
We may suspend or stop work if you fail to pay sums due, if access is denied, if the site becomes unsafe, or if you materially breach these terms. We may also end the agreement immediately if continuing would expose us to legal risk or unsafe conditions. If the agreement is terminated for reasons attributable to the customer, all outstanding sums for completed work, committed materials, and reasonable cancellation costs become payable immediately.
You may terminate the agreement if we materially breach our obligations and fail to remedy the breach within a reasonable time after being asked to do so, where remediation is possible. Termination does not affect rights and obligations that have already accrued, including payment for work done, waste disposal charges, and the handling of any materials ordered specifically for the project.
12. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of England and Wales. Any dispute arising from or in connection with the provision of landscaping services, this agreement, or any related invoice or quotation shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless mandatory consumer law provides otherwise. If any clause is found to be invalid or unenforceable, the remainder of the terms will continue in force.
We may update these terms from time to time to reflect legal, operational, or commercial changes. The version in force at the time of booking will normally apply to that booking unless a newer version is agreed by both parties. By proceeding with a booking, you confirm that you have read, understood, and accepted these terms as part of the contract for landscaping in Osterley and associated services.
