Landscaping Merton Service Terms and Conditions

These Terms and Conditions set out the basis on which our landscaping services in Merton are provided to domestic and commercial customers. By booking, accepting a quotation, or allowing work to begin, the customer agrees to these terms. They are intended to create a clear understanding of how our garden landscaping services, maintenance works, clearance jobs, and related outdoor services are arranged, carried out, paid for, and completed. Nothing in these terms affects your statutory rights as a consumer under UK law.

1. Scope of services
We provide a range of landscaping and outdoor property services, which may include soft landscaping, turfing, planting, hedge trimming, garden clearance, fencing-related works, soil preparation, patio and pathway maintenance, and general garden improvement tasks. The exact specification of work will be set out in the quotation, written estimate, or service agreement. If any additional work is requested by the customer or becomes necessary due to site conditions, this may be treated as a variation and charged separately.

These terms apply to all landscaping services supplied under our business arrangements. They do not create an ongoing obligation to provide services unless a separate maintenance contract expressly says otherwise. References to “we”, “us” and “our” mean the service provider; references to “you” and “your” mean the customer, property owner, tenant, agent, or other person instructing the work. If you instruct us on behalf of someone else, you confirm that you are authorised to do so.

2. Booking process
Bookings may be made after an enquiry, site assessment, or review of information supplied by the customer. We may ask for photographs, measurements, access details, or other information to prepare an accurate quotation. Any quotation is based on the information available at the time and may be revised if the actual site conditions differ materially from those described. Acceptance of a quotation may be given in writing, by email, by message, or by instructing us to proceed.

The booking is not confirmed until we issue confirmation or agree a date for the works. We may decline or postpone a booking where the site is unsuitable, unsafe, inaccessible, or where weather conditions, material availability, staff availability, or regulatory issues make it impractical to proceed. In some cases, we may require a deposit, advance payment, or signed acceptance before reserving a date. The customer is responsible for ensuring access to the property, including gates, keys, parking arrangements, and any permissions needed for entry.

3. Customer responsibilities
You must ensure the work area is reasonably clear and safe before the scheduled start time. This includes removing fragile items, protecting valuables, disclosing underground services or hazards where known, and advising us of pets, children, neighbours, or site restrictions that may affect the works. If you fail to provide accurate information or access, we may need to reschedule and may charge any reasonable costs arising from delay or wasted attendance.

4. Pricing and payments
Prices may be quoted as a fixed price, day rate, hourly rate, or on a measured basis, depending on the nature of the landscaping work. Unless stated otherwise, all prices are exclusive of VAT where VAT applies. We may adjust the price if the customer requests changes, if hidden defects are discovered, if additional labour or materials are needed, or if the scope of the job changes after booking. Any variation will be discussed where reasonably possible before the extra work is carried out.

Payment terms will be set out in the quotation or invoice. Unless otherwise agreed, payment is due immediately upon completion of the service or within the stated invoice period. For larger projects, we may request staged payments or a deposit in advance. We accept reasonable payment methods notified to the customer in advance. If payment is late, we may charge interest and reasonable recovery costs in accordance with the Late Payment of Commercial Debts legislation where applicable, or other lawful remedies for overdue sums.

If a customer disputes an invoice, they should notify us promptly and provide the reasons for the dispute. Any undisputed portion of the invoice remains payable on time. We may suspend future services or withhold delivery of materials, reports, or completion confirmations until overdue amounts are settled. Ownership of any supplied materials may remain with us until full payment has been received, to the extent permitted by law.

5. Cancellations and rescheduling
If you wish to cancel or change a booking, you should notify us as early as possible. Where the cancellation is made within a reasonable time before the scheduled date, we will usually try to rearrange the work. However, if materials have already been ordered, labour has been allocated, or preparatory work has begun, you may be charged for costs already incurred. For short-notice cancellations, a cancellation fee may apply where permitted by law and where it reflects our genuine loss.

We may cancel or reschedule a booking due to weather, safety concerns, staff illness, equipment failure, material shortages, access problems, or other circumstances beyond our reasonable control. We will make reasonable efforts to offer an alternative date. If we cancel for reasons within our control and no suitable alternative can be agreed, any advance payment for undelivered work will normally be refunded for that portion not performed, subject to any lawful deductions for work already completed or costs properly incurred.

6. Delays and force majeure
We are not liable for delay or failure to perform where the delay is caused by events outside our reasonable control, including severe weather, flooding, fire, strike action, supply chain disruption, acts of government, utility failures, or other unforeseeable events. In such circumstances, time for performance may be extended for a reasonable period. If the event continues for an extended time, either party may discuss termination of the affected booking on fair terms.

7. Liability and limitations
We will carry out the service with reasonable care and skill, using appropriately trained personnel and suitable equipment. If we damage property through negligence, we will assess the issue in good faith and may repair, replace, or compensate for the loss up to the limits allowed by law and insurance cover. Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded under UK law.

We are not responsible for pre-existing defects, hidden damage, unstable structures, defective utilities, underground services not properly marked, or deterioration that occurs naturally over time. Landscaping work can involve living materials and natural variation; therefore, we do not guarantee exact outcomes for growth, colour, flowering, or survival where such matters are affected by weather, season, soil quality, drainage, pests, disease, or care after completion. Any advice given is general in nature unless expressly agreed in writing as part of the service.

To the extent permitted by law, we shall not be liable for indirect or consequential losses, including loss of enjoyment, loss of profit, loss of business, or delay to third parties, except where such exclusion is unlawful. Where liability is established, our total liability for any single claim may be limited to the amount paid for the relevant service, subject always to mandatory consumer protections and any specific written warranty provided.

8. Site conditions, safety, and access
You must disclose any known hazards before work starts, including asbestos, contaminated soil, underground tanks, concealed cables, unstable walls, or restricted drainage. We may stop work if we believe the site is unsafe or if there is a risk to people, property, or equipment. Additional time or cost caused by unsafe conditions may be charged if they were not disclosed beforehand. We reserve the right to refuse to use customer-supplied materials or equipment if they appear unsuitable or unsafe.

Where our team requires access to water, electricity, or other utilities, you agree to provide reasonable access unless otherwise stated in writing. Any damage caused by concealed defects, poor access, or inaccurate information may be charged to the customer where legally recoverable. We may take photographs before, during, and after the works for record-keeping, quality control, insurance, and dispute resolution purposes.

9. Materials, plant, and substitutions
Materials may be sourced from approved suppliers and may vary slightly in shade, texture, size, or appearance due to natural and manufacturing differences. If a specified material is unavailable, we may propose a reasonable alternative of equal or similar quality. Any significant substitution will be discussed with the customer before installation where possible. The customer should inspect visible materials promptly upon delivery or installation and notify us of any issue within a reasonable time.

10. Waste, removal, and environmental regulations
Any waste produced by our landscaping or garden clearance works will be handled in accordance with applicable UK waste laws, including duty of care requirements, transfer arrangements, and lawful disposal. We may remove green waste, soil, rubble, timber, and general garden debris only where this has been included in the scope or separately agreed. Waste that requires special handling, such as asbestos, chemicals, oils, hazardous materials, or contaminated arisings, will not be removed unless expressly agreed and lawfully permitted.

You must tell us in advance if waste on site may be contaminated, mixed with prohibited items, or subject to special disposal rules. If such waste is discovered after work begins, we may pause the service and charge any additional lawful disposal or handling costs. Waste transfer documentation may be retained by us or our disposal partners as required by law. We reserve the right to leave unsuitable waste on site rather than remove it unlawfully. Customer instructions must not require us to breach environmental, planning, or licensing laws.

We aim to follow environmentally responsible practices, including separating waste where practical, reusing suitable organic material where lawful, and minimising unnecessary disposal. However, the final method of disposal will depend on the nature of the waste, site conditions, and legal requirements at the time. If the customer asks us to leave waste on site for later collection by another party, responsibility passes to the customer from the point of agreed handover, subject to any contrary legal obligation.

11. Complaints and rectification
If you are dissatisfied with any aspect of our landscaping services, you should notify us as soon as reasonably practicable so we can inspect the issue and determine an appropriate remedy. Where work is defective and the defect is attributable to us, we may choose to re-perform the service, correct the defect, or offer another reasonable solution. This will not affect any mandatory statutory rights you may have under consumer law.

We are not responsible for defects arising from misuse, neglect, lack of aftercare, extreme weather, third-party interference, or customer-requested alterations after completion. Any claim should be supported by a clear description of the issue and, where possible, photographs or relevant information. We may need a reasonable opportunity to inspect the site before any repair or corrective action is arranged. Failure to allow inspection may affect our ability to investigate or remedy the matter.

12. Title, risk, and aftercare
Risk in any delivered materials may pass when they are delivered to site, but ownership may remain with us until full payment is received where lawful and agreed. For living materials and newly installed features, the customer is responsible for suitable aftercare unless maintenance is expressly included in the service. This may include watering, feeding, protection from frost, and avoiding heavy use of newly laid turf, beds, or surfaces until established.

13. Data protection and records
We may hold your contact details, service notes, photographs, invoices, and site information for the purpose of managing bookings, carrying out the works, dealing with payment, and resolving disputes. Any personal data will be handled in line with applicable data protection law. We will only retain information for as long as necessary for business, legal, tax, or insurance purposes, unless a longer retention period is required by law.

14. Governing law and jurisdiction
These terms and any dispute or claim arising out of or in connection with 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, except where consumer law gives you the right to bring proceedings in another appropriate forum. If any part of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. General provisions
No waiver of any term shall be treated as a continuing waiver. Any variation to these terms must be agreed in writing by both parties, unless the law requires otherwise. These terms form the entire agreement between the parties in relation to the relevant service, unless replaced or supplemented by a signed contract or written confirmation. The headings are for convenience only and do not affect interpretation. By proceeding with a booking for our Landscaping Merton services, you confirm that you have read, understood, and agreed to these terms.