Terms and Conditions for Landscaping Downham Services

These Terms and Conditions apply to all landscaping services provided under the Landscaping Downham name, including garden maintenance, turfing, planting, fence-related soft landscaping, clearance, and other related outdoor works. By making a booking, the client agrees to be bound by these terms. They are intended to set out clear expectations for both parties and to support a fair, transparent service arrangement.

For the purposes of this document, references to we, us, and our mean the landscaping service provider, and references to you and your mean the customer. These terms apply to residential and small commercial landscaping work unless otherwise agreed in writing. Any variation must be confirmed in writing to be valid.

The following provisions cover the booking process, payments, cancellations, liability, waste handling, and governing law. Please read them carefully before confirming any work. If any part of these terms is unclear, you should raise the issue before the service begins so that expectations can be agreed in advance.

1. Booking Process

A booking with Landscaping Downham is normally made after an initial enquiry and a review of the requested work. We may provide an estimate based on the information supplied, and where necessary we may arrange a site visit to assess the scope of the project. Any estimate given before inspection is indicative only and may be adjusted once the work is properly assessed.

Once the scope of work has been discussed, we may issue a written quotation or service confirmation. A booking is only secured when you accept the quotation, confirm the date or period for the work, and, where requested, pay any deposit. We reserve the right to refuse or decline a booking where the site, access, weather conditions, or requested works are unsuitable or unsafe.

It is your responsibility to ensure that all information provided during booking is accurate and complete. This includes details that may affect access, ground conditions, existing structures, utilities, boundary lines, pets, or vulnerable features in the work area. If additional work becomes necessary because of incomplete or incorrect information, this may result in a revised price or an amended schedule.

2. Service Scope and Customer Responsibilities

The agreed service will only include the tasks stated in the quotation, estimate, or written confirmation. Any additional work, changes to the original specification, or unforeseen tasks identified during the project will be treated as extras unless otherwise agreed. We will make reasonable efforts to notify you where such changes are needed before proceeding.

You must ensure that the site is reasonably accessible on the agreed date and that any obstructions are removed or clearly identified. This includes vehicles, stored items, fragile ornaments, concealed hazards, and loose materials that may interfere with the work. If access is not available or conditions are not suitable for safe working, we may postpone the visit and charge any reasonable wasted attendance costs.

You are also responsible for disclosing any underground services, drainage runs, irrigation systems, hidden cables, or other features that could be affected by landscaping work. Although we take care to work responsibly, we cannot be liable for damage caused by concealed hazards that were not reasonably identifiable or were not disclosed in advance.

3. Payments and Pricing

Prices may be fixed quotations, day-rate charges, or estimates depending on the nature of the work. Unless stated otherwise, all prices are based on the information available at the time of pricing and may be revised if the job changes materially. Any applicable VAT will be stated where relevant and charged in accordance with current law.

Payment terms will be specified on the invoice or quotation. In many cases, full payment is due on completion, although some projects may require staged payments, a deposit, or part payment in advance. Where a deposit is required, the booking may not be confirmed until the deposit has been received. Deposits are used to reserve time and may be non-refundable in certain circumstances, particularly where materials have been ordered or work has been scheduled specifically for your project.

Unless we agree otherwise in writing, invoices must be paid within the stated payment period. Late payment may result in paused work, delayed future bookings, or recovery action. We may charge interest and reasonable costs on overdue sums in accordance with applicable UK law. You are responsible for ensuring that payment is made in cleared funds and that any bank transfer, card transaction, or other payment method is completed correctly.

4. Cancellations, Rescheduling, and Delays

If you need to cancel or postpone a booking, you must notify us as soon as possible. Where reasonable notice is given, we will try to rearrange the work for a later date. However, if cancellation occurs after materials have been ordered, labour has been allocated, or the date has been reserved specifically for you, we may retain some or all of any deposit or charge a cancellation fee to cover our losses.

If we need to reschedule due to severe weather, safety concerns, equipment failure, illness, or other circumstances beyond our control, we will contact you promptly and arrange a new date where possible. Landscaping work can be affected by ground saturation, frost, high winds, and other conditions that make safe or quality work impractical. In such cases, delays shall not be treated as a breach of contract.

We are not responsible for indirect losses arising from cancellation or delay, including loss of earnings, inconvenience, or missed events, unless the law requires otherwise. Where a change is necessary, our priority will be to complete the work safely and to a reasonable standard within a practical timeframe. If the service is no longer required after work has started, you must pay for all work completed and any materials already supplied or committed.

5. Liability and Limitations

We will carry out landscaping services with reasonable care and skill. However, landscaping and outdoor maintenance often involve natural variability, hidden site conditions, and weather-sensitive results. Unless otherwise agreed, we do not guarantee plant survival, long-term growth rates, exact colour matching, or outcomes affected by conditions outside our control.

Our liability for direct loss or damage caused by our negligence is limited to the amount paid or payable for the specific service giving rise to the claim, except where such limitation is prohibited by law. We do not exclude liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot lawfully be excluded.

We are not liable for pre-existing defects, hidden services, structural movement, subsidence, drainage failure, pest damage, or deterioration of materials not supplied by us. Where we handle, move, or remove existing items at your request, you accept that some risk is involved. You should remove valuables, delicate items, and anything of special significance before work begins.

6. Waste Handling and Environmental Compliance

Where our service includes removal of garden waste, green waste, soil, rubble, timber, or related materials, all waste will be handled in line with applicable UK waste regulations. Waste must only be transported, stored, or disposed of through lawful and responsible channels. We may use licensed waste carriers or approved disposal facilities where required.

You acknowledge that certain items may be classed as controlled, hazardous, or restricted waste and may require special handling. This includes treated timber, contaminated soil, asbestos-containing materials, oils, chemicals, sharps, and electrical items. Unless expressly agreed in writing, we do not remove hazardous waste. If such materials are discovered during the works, we may suspend operations until appropriate arrangements are made.

We may charge separately for waste collection, tipping fees, permit-related costs, sorting, or extra labour where waste volumes exceed the amount originally quoted. If you ask us to leave waste on site for you to manage, you are responsible for ensuring any storage or disposal is carried out lawfully. You must not request or permit unlawful dumping, burning, or fly-tipping under any circumstances.

7. Materials, Plants, and Workmanship

Where we supply materials, plants, soil, turf, or decorative elements, these will generally be selected to match the agreed specification as closely as practicable. Natural products vary in size, shape, colour, and texture, and minor differences are normal. Substitutions may be made where an item is unavailable, provided the replacement is of similar quality and suitable for the intended use.

Plants and living materials are especially dependent on weather, aftercare, watering, soil conditions, and seasonal timing. Unless a separate written guarantee is provided, we cannot be responsible for failures caused by neglect, extreme weather, pests, disease, vandalism, or unsuitable site conditions. Any maintenance requirements communicated at the time of delivery or completion should be followed carefully.

If defects in workmanship are notified within a reasonable period, we will assess the issue and, where appropriate, arrange a remedy. Our obligation may be limited to repair, re-performance, or a refund of the affected element, depending on the circumstances. This does not affect your statutory rights where they apply.

8. Access, Safety, and Site Conditions

You must take reasonable steps to make the site safe before and during our visit. Children, pets, and unauthorised visitors should be kept away from active work areas. If there is a risk to safety because of unstable surfaces, unsafe structures, aggressive animals, or other hazards, we may stop the work until the issue is resolved. Any delay caused by unsafe conditions may be charged if we have already attended the site.

We will use reasonable precautions to protect surrounding surfaces, plants, and features, but landscaping tasks can involve movement of soil, tools, machinery, and heavy materials. Some disturbance is therefore unavoidable. Unless we have expressly agreed to protect or restore a specific feature, we do not accept responsibility for normal incidental effects that arise from carrying out the works properly.

Where machinery, power tools, or commercial equipment are necessary, you agree to provide sufficient access and to notify us of any restrictions that affect use. We may refuse to operate equipment where ground conditions, slope, proximity to structures, or overhead obstacles create an unacceptable risk.

9. Complaints and Remedies

If you are dissatisfied with any aspect of the service, you should notify us promptly and provide a clear description of the issue. We may request photographs, a site visit, or other reasonable information to assess the matter. We will review complaints in good faith and aim to resolve them fairly and efficiently.

Where a complaint is upheld, our preferred remedy may be a correction of the work, a partial re-performance, or another reasonable adjustment. A refund will only be considered where a remedy is not practical or where the law requires it. Nothing in these terms affects your statutory rights regarding services supplied with reasonable care and skill.

Any alleged defect must be reported within a reasonable time after discovery. Claims raised long after completion may be harder to investigate because weather, use, or other works may have altered the site. Prompt notification helps us assess matters accurately and respond appropriately.

10. Governing Law

These Terms and Conditions, and any dispute or claim arising from them, are governed by the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction, except where consumer law or mandatory legal provisions provide otherwise. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force.

By engaging Landscaping Downham, you confirm that you have read, understood, and accepted these terms. They are designed to provide a fair framework for the service and to reduce uncertainty on both sides. Any wording that is inconsistent with consumer protection legislation will be interpreted in a way that best aligns with the law while preserving the remainder of the agreement.

Final note: These terms apply to the extent permitted by law and do not remove rights that cannot legally be excluded. For clarity, the wording of any written quotation, invoice, or specific agreement may supplement these terms, but in the event of inconsistency, the more specific written agreement will usually take precedence for the relevant job.