Terms and Conditions for Landscaping Westham
These terms and conditions set out the basis on which landscaping services are provided by Landscaping Westham to domestic and commercial customers. They are designed to be clear, fair, and practical, so that both parties understand what is included in a booking, how payments are handled, what happens if plans change, and how responsibilities are shared. By placing a booking, the customer agrees to be bound by these terms, together with any written quotation, estimate, or service schedule provided before the work begins. These terms apply to all standard garden and exterior landscaping services unless a separate written agreement states otherwise. Nothing in these terms affects your statutory rights.
For the purposes of these terms, “we”, “us”, and “our” refer to the landscaping service provider, and “you” or “the customer” refers to the person, business, landlord, tenant, or other organisation instructing the work. If the customer is booking on behalf of someone else, the person placing the order confirms they have authority to do so. Any reference to a quotation includes written estimates, digital confirmations, and approved job specifications. Where a site visit is required before an accurate quotation can be issued, any price given in advance may be subject to change if the scope of work differs from the information originally supplied.
These conditions are intended to apply to Landscaping Westham services in a straightforward and transparent way. They should be read together with any job-specific description, plan, or agreed list of tasks. If there is any conflict between these terms and a written agreement signed by both parties, the signed agreement will take priority for the specific project only. Headings are provided for convenience and do not affect interpretation.
Booking Process
The booking process begins when the customer requests a quotation, provides project details, or asks us to reserve a date. We may ask for photographs, measurements, access information, and an outline of the work needed. This helps us prepare a more accurate estimate for Westham landscaping projects of different sizes and levels of complexity. A booking is not confirmed until we have accepted the order, agreed the scope of work, and, where required, received any deposit or advance payment requested in the quotation.
All appointments and start dates are offered subject to availability. We will try to provide a realistic timescale, but dates may be affected by weather, supplier delays, access issues, or changes to the workload already scheduled. If a site assessment is required before starting, the quotation may be provisional until we have inspected the property. The customer must ensure that the person making the booking has the authority to allow access to the land or premises and to approve the works.
Any instructions given after booking should be provided in writing where possible. If the customer changes the design, materials, layout, or scope of the job after acceptance, we may revise the price and completion date. Additional work requested during the project will only be carried out if agreed by both parties. Where a garden landscaping Westham job includes phased work, each phase may be treated as a separate booking for scheduling or billing purposes.
Payments
Unless otherwise stated in writing, invoices are payable in accordance with the payment terms shown on the quotation or invoice. We may require a deposit before materials are ordered or a booking is reserved. For larger projects, stage payments may be requested as work progresses. Final payment is due once the work has been completed, or as otherwise agreed in the written quotation. Failure to pay on time may result in suspension of work, withholding of materials, or additional charges for recovery of overdue sums, where permitted by law.
Prices may be quoted inclusive or exclusive of VAT depending on the legal status of the business and the wording of the estimate. Any such detail will be made clear on the relevant document. Unless expressly stated otherwise, quotations are based on the information available at the time and may exclude unexpected costs arising from hidden conditions, restricted access, contaminated waste, underground obstacles, or changes requested by the customer. If extra costs become necessary, we will normally explain them before proceeding.
Payment can usually be made by bank transfer or another method agreed in advance. We do not accept responsibility for delays caused by third-party payment providers or banks. The customer remains responsible for payment even if a third party, such as a landlord, managing agent, or insurer, was expected to fund the project but fails to do so. Where a quote is based on an estimated amount of work and the actual work is greater than expected, the final invoice may be adjusted to reflect the additional labour, equipment, or materials used.
Cancellations and Rescheduling
If the customer needs to cancel or rearrange a booking, notice should be given as early as possible. For short-notice cancellations, we may charge a reasonable fee to cover lost time, labour already committed, materials ordered, or other non-recoverable costs. If a deposit has been paid, all or part of it may be retained where it represents genuine pre-estimated loss or expenditure already incurred. Any such charge will be proportionate and handled in line with applicable consumer law.
We reserve the right to reschedule work due to weather, safety concerns, staff illness, supplier issues, or circumstances beyond our reasonable control. Landscaping and garden work is often weather-dependent, and tasks may need to be paused or moved to another date if conditions are unsuitable. In such cases, we will aim to offer a new appointment as soon as reasonably practical. We are not liable for inconvenience or delay caused by events outside our control, provided we act reasonably and communicate any changes promptly.
If access to the site is unavailable on the agreed date, or if the customer fails to provide essential information needed to complete the work safely, we may treat the appointment as cancelled by the customer and charge a reasonable fee. This may also apply where pets, vehicles, locked gates, or unresolved hazards prevent us from starting the job. For landscaping services in Westham, clear access and accurate job information are essential to efficient scheduling and safe working.
Project Standards and Customer Responsibilities
We will carry out the agreed work with reasonable care and skill, using appropriate tools, materials, and methods for the type of service booked. The customer must provide accurate information about the site, including known hazards, underground utilities, drainage issues, protected trees, or any restrictions affecting the work. If the project requires permission, consent, planning approval, or a permit from a third party, the customer is responsible for obtaining it unless we have agreed in writing to do so.
The customer must also ensure that the work area is reasonably clear and safe to access. This includes moving fragile items, securing animals, and making us aware of any hidden risks. If we discover conditions that make the job unsafe or materially different from what was described, we may pause the work and discuss revised options. Where suitable, we may recommend changes to the agreed design or method to reduce risk or improve durability. Any recommendation is given in good faith but remains subject to the customer’s approval.
We may use subcontractors or specialist contractors where needed for certain tasks. If so, we remain responsible for coordinating the service unless otherwise agreed. All materials supplied by us will remain our property until full payment has been received, to the extent allowed by law. The customer should inspect completed work promptly and raise any obvious concerns within a reasonable time so that they can be assessed and, where appropriate, addressed without unnecessary delay.
Liability
We will not exclude or limit liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot legally be excluded under UK law. Subject to that, our liability is limited to the value of the particular service supplied, or to the amount recoverable under our insurance, whichever is lower, where such limitation is lawful. We will not be responsible for indirect losses, loss of profit, loss of business, or consequential damage arising from the service, except where such exclusion is not permitted by law.
Landscaping work can involve natural materials and outdoor conditions that may change over time. Soil movement, settlement, water pooling, plant failure, weather damage, seasonal variation, and growth patterns are often beyond our control. We do not guarantee the future performance of plants, grass, timber, stone, or other natural or semi-natural materials unless a written guarantee has been expressly provided. Any guarantee will usually depend on proper aftercare, watering, maintenance, and suitable environmental conditions.
We are not liable for damage caused by pre-existing defects, hidden ground conditions, undisclosed services, or items left in the work area. If we are asked to move or work around existing structures, patios, fencing, ornaments, irrigation systems, cables, drains, or other features, we will take reasonable care but cannot accept responsibility for weaknesses or failures that existed before work started. Customers are encouraged to keep valuable or delicate items away from the site during works. Any claim for damage should be reported as soon as reasonably possible so it can be investigated.
Waste Regulations and Site Clearance
Waste generated during landscaping projects will be handled in accordance with applicable UK waste regulations and environmental requirements. This includes the proper storage, transport, and disposal of green waste, soil, rubble, packaging, timber, and other materials arising from the job. Where we remove waste on the customer’s behalf, the quotation may include disposal fees or skip charges. Any waste transferred to a licensed facility will be managed in a lawful and responsible manner.
The customer must not ask us to remove hazardous materials unless they have been identified in advance and we have agreed in writing to handle them. Hazardous or controlled waste may require special procedures, different pricing, or a specialist contractor. Items such as asbestos, chemical containers, contaminated soil, fuel, paint, and unknown buried waste will not be handled unless specifically agreed and legally permitted. If such materials are discovered during the work, we may stop the job until proper arrangements are made.
Where the customer chooses to keep waste on site, they are responsible for its lawful storage and removal after completion. If we agree to leave material for reuse, composting, or separate collection, the customer must ensure that it is managed correctly and does not create a nuisance, obstruction, or environmental risk. We aim to follow sustainable landscaping practices where practical, including reuse of suitable green waste and segregation of recyclable materials, provided this can be done safely and within the agreed price.
Materials, Access, and Delays
Any materials supplied by us should be used only for the intended project. If the customer supplies materials, we are not responsible for faults, defects, shortages, or suitability issues unless we have expressly agreed to inspect and approve them beforehand. Delays caused by unavailable materials, delivery interruptions, or manufacturer issues may lead to changes in timing. Where replacement materials are required, we may source suitable alternatives with the customer’s approval.
If access to the property is restricted, if parking is unavailable, or if we must manually transport equipment or materials over an unusual distance, additional charges may apply where this has been agreed in advance or becomes necessary due to circumstances not disclosed at booking. We may also adjust the timetable if repeated interruptions prevent efficient progress. A successful landscaper Westham service depends on safe and practical site conditions, and the customer’s cooperation is an important part of that process.
We are not responsible for delays caused by events beyond our reasonable control, including severe weather, transport disruption, industrial action, or government restrictions. In such cases, we will make reasonable efforts to minimise the impact on the project. If a delay becomes substantial and continuation is no longer practical, either party may discuss terminating the remaining work on fair terms, including payment for work already completed and costs already incurred.
Complaints, Variations, and Termination
If the customer is unhappy with any part of the service, they should notify us promptly and provide reasonable details of the issue. We will review the concern and, where appropriate, return to inspect, repair, or complete the work in a reasonable time. Minor variations in appearance, colour, texture, or finish may occur due to the natural character of landscaping materials and should not be treated as defects unless they materially differ from the agreed specification.
Any variation to the agreed service, whether relating to design, scope, timing, or materials, should be confirmed in writing where possible. Verbal requests may be accepted during the work, but they may affect cost and completion date. If either party seriously breaches these terms, fails to cooperate, or makes it impossible to continue safely or lawfully, the other party may terminate the booking on reasonable notice and settle any outstanding payment for work properly carried out up to that point.
Governing Law
These terms and any dispute or claim arising from them shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any matter arising under or in connection with these terms, except where consumer law gives the customer a right to bring proceedings elsewhere. If any part of these terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.
These terms form the full agreement between the parties in relation to the landscaping services described, unless replaced or varied by another written contract signed by both parties. No failure or delay by us in enforcing any right will operate as a waiver of that right. Any notices or approvals required under these terms may be given by email, text message, written note, or other agreed method of communication, provided the content can reasonably be retained for future reference. By proceeding with a booking, the customer confirms they have read, understood, and accepted these conditions for Landscaping Westham and related services.