Terms and Conditions for Landscaping Dulwich
These Terms and Conditions set out the basis on which landscaping services are provided by a UK landscaping service provider to residential and commercial customers. By requesting a quotation, making a booking, or allowing work to proceed, the client agrees to these terms. They apply to a wide range of services, including garden design, soft landscaping, planting, turfing, lawn care, paving preparation, fence-related ground works, seasonal maintenance, and general outdoor improvement. For the avoidance of doubt, these terms are intended to govern landscaping Dulwich service arrangements in a clear and lawful manner, while still remaining broadly applicable to landscaping projects carried out elsewhere in the UK.
Throughout these terms, references to “we”, “us”, and “our” mean the landscaping contractor or business delivering the services, and references to “you” and “your” mean the customer, client, property owner, or authorised representative who makes the booking. These terms should be read together with any quotation, proposal, estimate, specification, written schedule, or amended instructions agreed before or during the works. If there is any inconsistency between a written quotation and these terms, the written quotation will take priority to the extent of the inconsistency.
We reserve the right to update these terms from time to time. The version in force at the time of booking will normally apply to the relevant project, unless a later written variation has been expressly agreed by both parties. These terms are designed to promote transparency, fair dealing, and practical cooperation throughout the lifecycle of a landscaping project, from enquiry to completion.
1. Booking Process
A booking for landscaping services is usually made following an initial enquiry, site assessment, or request for a quotation. We may ask for photographs, measurements, a description of the site, or access details before preparing an estimate. In some cases, particularly where the project is complex, a site visit may be required before a final price is confirmed. Any quotation given before a site inspection is provided on the basis of the information available at the time and may be revised if that information proves incomplete or inaccurate.
To secure a booking, you may be asked to confirm acceptance of the quotation, proposed start date, scope of work, and any special conditions in writing. A booking is not considered confirmed until we have acknowledged acceptance and, where applicable, received any deposit or advance payment requested. We may decline or delay bookings where access is restricted, materials are unavailable, weather conditions are unsuitable, or the project appears unsafe, unlawful, or beyond the agreed scope.
We will use reasonable efforts to schedule work on the agreed date or within the agreed period; however, dates are estimates unless specifically stated as fixed in writing. Landscaping work can be affected by weather, supplier delays, ground conditions, hidden defects, and seasonal limitations. Accordingly, completion times are estimates rather than guarantees, and any programme may need to be adjusted in the interests of safety, quality, or legal compliance.
2. Scope of Services and Client Responsibilities
The exact scope of the landscaping service will be defined by the quotation or written specification. Unless stated otherwise, the price includes only the tasks expressly listed. Items not included, such as additional materials, plant replacement, extra labour, removal of unexpected waste, specialist equipment, or design amendments, may be charged separately. We will not be bound to carry out work that falls outside the agreed scope unless the variation has been agreed in writing or clearly instructed on site and accepted by us.
You are responsible for ensuring that the site is accessible and reasonably prepared for the works. This includes providing access to water, electricity, parking arrangements if necessary, and any information about underground services, drainage systems, boundary issues, easements, or known hazards. You must also ensure that any pets, children, or vulnerable persons are kept safely away from active work areas. If the site contains concealed hazards, we may suspend work until the issue is resolved or the scope is amended.
Where approvals, permissions, or consents are required for the landscaping project, you are responsible for obtaining them unless we have expressly agreed in writing to assist with that process. This may include planning-related matters, conservation restrictions, freeholder approval, leasehold permissions, or local authority requirements. We are not responsible for failure to obtain the necessary permissions where that responsibility rests with you.
3. Payments
Unless otherwise agreed, prices are quoted in pounds sterling and may be stated exclusive or inclusive of VAT, depending on our VAT status and the wording of the quotation. A deposit may be required before materials are ordered or the start date is reserved. Deposits are generally non-refundable except where required by law or where we are unable to perform the service for reasons within our control. Payment of a deposit confirms your intention to proceed and may be used to cover administrative costs, purchasing commitments, or scheduling.
Invoices must be paid by the due date shown on the invoice or as otherwise specified in the quotation. We may request stage payments for larger landscaping projects, particularly where work extends over several days or involves ordered materials, specialist labour, or phased completion. If payment is not received on time, we reserve the right to suspend the works, withhold further deliveries, or postpone completion until outstanding sums are cleared.
Late payments may attract statutory interest and recovery costs where permitted under the Late Payment of Commercial Debts legislation or other applicable law. If you dispute an invoice, you must notify us promptly with reasons and supporting information. You must still pay any undisputed amount by the due date. Set-off and withholding are not permitted unless required by law or expressly agreed in writing.
4. Cancellations, Postponements, and Changes
You may request a cancellation or postponement of a booking by giving notice in writing. If you cancel after we have accepted the booking, you may be liable for reasonable costs already incurred, including materials purchased, supplier charges, labour reserved, and any non-recoverable expenses. Where work is cancelled at short notice, especially after materials have been ordered or a team has been allocated, a cancellation charge may be applied to reflect the loss suffered.
If you wish to change the scope, specification, timing, or materials after the booking has been confirmed, we will assess whether the change is practical and what effect it has on cost and timing. Any variation may require a revised quotation. We are not obliged to proceed with an amended instruction until the revised terms have been agreed. If the change causes delays, extra waste, or rework, those consequences may be charged separately.
We may postpone or cancel a booking if weather conditions, safety concerns, material shortages, access issues, or other events outside our reasonable control prevent us from carrying out the works safely or properly. In such circumstances, we will aim to reschedule at a mutually convenient time. We will not be liable for losses arising solely from reasonable postponement due to these factors, provided we have acted in good faith and used reasonable efforts to minimise disruption.
5. Waste Regulations and Site Clearance
Waste generated during landscaping services must be handled in accordance with UK waste law, including the Environmental Protection Act 1990, waste duty of care requirements, and any relevant regulations governing transport, storage, and disposal. We will take reasonable steps to ensure that waste from our activities is removed, sorted, stored, and disposed of responsibly. This may include green waste, soil, turf, timber offcuts, packaging, rubble, or mixed debris arising directly from the agreed works.
Where waste is removed by us, we may use licensed carriers, transfer stations, and disposal facilities. We may provide, where appropriate, waste transfer documentation or records relating to disposal arrangements. However, any records are provided for compliance purposes and not as a guarantee that all materials originated solely from our work unless specifically stated. If hazardous, contaminated, or unexpected waste is discovered, the works may need to stop until safe and lawful disposal arrangements are made.
You must disclose any known contamination, asbestos, Japanese knotweed, buried tanks, construction waste, chemical residues, or other regulated substances before the works begin. We are not responsible for handling undisclosed hazardous waste unless we have expressly agreed to do so and are legally permitted to do so. If the site contains waste outside the normal scope of a garden clearance or landscaping project, additional charges may apply for specialist handling, documentation, and disposal.
6. Liability, Quality, and Limitations
We will carry out the landscaping services with reasonable care and skill, using suitable materials and competent labour. If we fail to meet that standard, and the failure is reported within a reasonable period after completion, we may at our option return to inspect, rectify defective workmanship, or offer another appropriate remedy. Our liability for remedial work will be limited to the part of the service that is defective and does not extend to unrelated issues caused by third parties, weather events, or misuse.
We are not liable for damage or loss caused by pre-existing defects, hidden conditions, unstable ground, defective drainage, tree root movement, or structural weaknesses not reasonably visible or disclosed before work began. Landscaping often involves working with natural materials and outdoor environments, which may change over time. As a result, we do not guarantee that living materials such as plants, turf, hedging, or trees will thrive in all circumstances unless a specific written plant establishment guarantee has been given and the customer has complied with all maintenance conditions.
To the fullest extent permitted by law, we shall not be liable for indirect, consequential, or economic losses such as loss of profit, loss of enjoyment, or loss of opportunity. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited under UK law. Where liability is lawfully limited, our total liability shall not exceed the amount paid or payable for the relevant service, except where a higher limit is expressly set out in writing.
7. Property Protection, Access, and Client Items
You should remove or secure fragile items, ornaments, lighting, furniture, cables, valuables, and decorative features before the works start. While we will use reasonable care, landscaping activities may involve movement of soil, tools, machinery, or materials that can create unavoidable risk to adjacent surfaces and objects. We are not responsible for damage caused by items left in working areas or by inadequate protection arranged by the client.
We may require clear and safe access to carry out the work and deliver materials. If access is delayed, blocked, or restricted, this may affect scheduling and may result in additional costs. Where the site is occupied by tenants, managers, or other third parties, you remain responsible for ensuring that they cooperate with the agreed arrangements. We are entitled to rely on instructions given by an authorised representative unless we have reason to believe the person lacks authority.
If we store tools, materials, or equipment on site, you must take reasonable steps to prevent interference, theft, or unauthorised use. We do not accept responsibility for items supplied by you unless damage is caused by our proven negligence. Any customer-supplied materials should be fit for purpose and appropriate for the intended landscaping use.
8. Variations, Acceptance, and Completion
Any variation to the original landscaping agreement should ideally be recorded in writing, although urgent on-site instructions may be accepted verbally and later confirmed in writing. Variations may affect the price, the sequence of work, and the completion date. If a variation requires additional materials, labour, or disposal, we may charge for the extra work at our then-current rates or at an agreed additional fixed price.
Completion is deemed to have occurred when the agreed works have been substantially finished and the site has been left in a reasonably tidy condition, subject to normal construction or landscaping tolerances. Minor snagging items do not prevent completion if they do not materially affect the use or appearance of the project. Any snagging issues should be reported promptly so that they can be reviewed and, where appropriate, corrected within a reasonable time.
Where the works involve living materials, natural variation in colour, texture, size, and growth is expected. Seasonal conditions may influence appearance immediately after installation. A degree of variation does not mean the works are defective. If ongoing maintenance is required to preserve the condition of newly installed landscaping, that responsibility will ordinarily rest with the client unless a maintenance service has been separately agreed.
9. Governing Law
These terms and any dispute or claim arising out of or in connection with them 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, except where consumer law provides otherwise or where mandatory jurisdictional rules apply.
If any provision of these terms is found to be unlawful, invalid, or unenforceable, that provision shall be treated as severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect. Failure by us to enforce any right or remedy under these terms shall not constitute a waiver of that right or remedy unless confirmed in writing.
These terms represent the standard legal framework for landscaping services and are intended to create a fair balance between service provider and client. They do not affect your statutory rights as a consumer where those rights apply. By proceeding with a booking, you confirm that you have read, understood, and accepted these terms as part of the landscaping arrangement.
Additional Notes
Force majeure may apply where an event beyond reasonable control affects performance, including severe weather, fire, flood, strikes, transport disruption, supply chain failure, or emergency legal restrictions. If such an event occurs, obligations may be suspended or modified for the duration of the disruption, and neither party will be held liable for failure to perform to the extent that performance was prevented.
Data and records connected with the booking, quotation, invoice, and service delivery may be retained for lawful business, tax, or compliance purposes. Any personal data will be handled in accordance with applicable data protection law. This section is included to ensure that the landscaping Dulwich service terms remain commercially practical while still respecting legal obligations.
Entire agreement means that these terms, together with the relevant quotation and any written variations, form the whole agreement between the parties regarding the works. No statement made during informal discussions will override these written terms unless expressly confirmed in writing by an authorised representative.