Effective date 14 September 2026

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These terms apply when Landscapewell Ltd supplies landscaping or related services.

They should be read with the accepted quotation, specification, drawings and agreed written variations. Together those documents form the contract.

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1 Definitions and contract documents

In these terms, “we”, “us” and “our” mean Landscapewell Ltd. “You” and “your” mean the customer named in the quotation. “Work” means the services, materials and deliverables expressly described in the accepted quotation and any written variation.

If documents conflict, a later written variation takes priority, followed by the accepted quotation and specification, then these terms. Advertising, website content, discussions and examples do not add to the Work unless included in the accepted quotation or a written variation.

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2 Quotations and acceptance

A quotation is an invitation to enter into a contract, not an obligation for us to undertake the Work. It is valid for the period stated in it. If no period is stated, it is valid for 30 days. We may withdraw or revise a quotation before acceptance, including where supplier prices, site information or availability change.

The contract is formed when you accept the quotation in writing or electronically and we confirm the booking, or when we begin the Work at your request. If a deposit is required, we will treat the booking as provisional until cleared payment is received.

You confirm that you are at least 18 and are the property owner or have the owner’s authority to instruct the Work.

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3 Scope and assumptions

We will perform the Work described in the quotation with reasonable care and skill. Unless expressly included, the quotation does not cover design certification, structural engineering, planning permission, building regulations approval, party-wall matters, freeholder or landlord consent, utility diversions, asbestos work, contaminated ground, protected trees, ecological surveys, specialist drainage design or repairs to concealed defects.

Measurements, quantities and proposals prepared before excavation may rely on visible conditions and information supplied by you. Hidden conditions may require a variation under section 9.

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4 Your responsibilities

You must:

provide accurate and complete information relevant to the Work, including known drains, cables, pipes, boundaries, covenants, contamination, asbestos, unstable ground and previous works;obtain permissions and approvals for which you are responsible and provide evidence on request;give safe and reasonable access to the site during agreed working hours, including access for workers, machinery, deliveries and waste removal;provide reasonable access to water and electricity without charge where needed, unless the quotation states otherwise;

remove or protect fragile, valuable or personal items and keep children and animals safely away from working areas, materials, machinery and excavations;identify private services and installations not shown by ordinary searches or indicators; and make decisions and approvals without unreasonable delay.

We are not responsible for delay, extra cost or damage caused by inaccurate or withheld information, unsafe access, an undisclosed service or your failure to meet these responsibilities, except to the extent caused by our negligence.

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5 Start dates and duration

Any start date or completion period is an estimate unless we expressly agree in writing that time is of the essence. Landscaping is affected by weather, ground conditions, drying and curing times, supply shortages, access, variations, third-party trades and events beyond reasonable control. We will keep you reasonably informed of material changes.

We may pause the Work where conditions are unsafe, required information or access is unavailable, a payment is overdue, or continuing would breach law or good practice. This does not remove your statutory rights.

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6 Price VAT deposits and payment

The contract price, VAT treatment, deposit and payment schedule are as stated in the quotation. Unless the quotation states that a price is fixed, provisional sums, estimates and allowances may be adjusted to reflect the actual work or materials reasonably required, with your agreement where this changes the scope or price.

Invoices are due on the date or within the period stated in the quotation or invoice. You must not withhold an undisputed amount because another amount is disputed. For business customers, we reserve the right to claim statutory interest and recovery costs on late commercial payments. For consumers, we may claim reasonable losses caused by late payment where lawful and may suspend further Work after giving reasonable notice.

Materials ordered specifically for your project may require advance payment and may not be returnable. Ownership of materials supplied by us does not pass to you until we receive full payment for them, but this does not permit us to enter your property or remove installed materials without lawful authority. Risk in installed work and materials passes as the Work is completed or the materials are delivered to the site, except to the extent loss or damage is caused by us.

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7 Consumer cancellation rights

This section applies where you are a consumer and the contract is concluded online, by telephone, by email or at your home rather than at our business premises. You normally have 14 days from the day after the contract is made to cancel without giving a reason. To cancel, send a clear statement to info@landscapewell.co.uk or to our registered office. You may use the model form below, but you do not have to.

If you ask us to begin services during the 14-day cancellation period, we will obtain your express request. If you then cancel, you must pay a proportionate amount for services properly supplied up to cancellation. Once the service has been fully performed within the cancellation period, the cancellation right is lost only where you expressly requested early performance and acknowledged that consequence.

The cancellation right may not apply to goods made to your specifications or clearly personalised. Where you cancel, we may also be entitled to retain or recover the reasonable cost of bespoke or non-returnable materials that fall within a lawful exception and were ordered with your agreement. These rules do not affect rights arising from faulty services or goods.

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Model cancellation form

To Landscapewell Ltd, Office 3, Downs Meadow Stables, Ranmore Road, Dorking, Surrey RH4 1HW, or info@landscapewell.co.uk:

I/We give notice that I/We cancel my/our contract for the following services:____________________.

Ordered on: __________.

Customer name: ____________________.

Customer address: ____________________.

Signature (only if sent on paper): ____________________.

Date: __________.

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8 Cancellation outside the statutory period

If you cancel after any statutory cancellation period, or where no statutory cancellation right applies, tell us as soon as possible. We will take reasonable steps to reduce avoidable loss. You must pay for Work performed, materials ordered or committed, supplier cancellation or restocking charges, waste and plant commitments, and other reasonable loss directly caused by cancellation. We will provide a reasonable calculation and return any balance due. We will not impose a disproportionate cancellation charge.

We may cancel or terminate the contract on reasonable notice if you seriously breach it and do not remedy the breach after a reasonable opportunity, if the site is unsafe, if performance would be unlawful, or if an event beyond reasonable control prevents performance for an extended period. We will account fairly for Work and materials up to termination.

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9 Variations and unforeseen conditions

A variation is a change to the agreed Work, price, materials or timing. Variations should be agreed in writing, including by email or message, before the changed work is carried out. A written variation should record the change, any price adjustment and any likely effect on timing.

Unforeseen conditions can include concealed concrete, inadequate foundations, unstable or contaminated soil, buried waste, roots, unrecorded utilities, drainage defects, asbestos, abnormal water, restricted access, discrepancies in dimensions or structures that cannot safely support the planned Work. We will explain the issue and seek agreement to a fair variation. If urgent action is reasonably necessary to prevent injury or serious property damage, we may take proportionate safety measures and notify you promptly.

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10 Materials and natural products

We may use materials that comply with the quotation and are of appropriate quality. Natural stone, timber, turf, plants, aggregates, clay products and similar materials naturally vary in colour, grain, texture, markings, dimensions and weathering. Samples and photographs indicate general appearance but cannot guarantee an exact match. Manufacturers may alter products or availability. We will seek approval before using a materially different substitute.

Existing materials selected for reuse may break, reveal defects or be unsuitable once lifted. Unless damage is caused by our failure to use reasonable care and skill, replacement and additional labour are chargeable as a variation.

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11 Excavation drainage and levels

We will use reasonable care when excavating and establishing levels and falls. Unless a specialist survey or design is included, we rely on visible indicators, information provided and reasonable site checks. Drainage performance can be affected by surrounding land, existing systems, unusually severe weather, ground saturation and third-party works. We do not guarantee that a garden will remain completely free from standing water in all conditions unless an express written drainage performance specification is included.

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12 Plants turf and aftercare

Living materials require watering, feeding and suitable aftercare. You are responsible for following aftercare instructions after installation. Establishment, growth and survival can be affected by weather, soil, pests, disease, pets, use and watering. Any plant or turf guarantee applies only if expressly stated in writing and may be conditional on proper aftercare. We are not responsible for failure caused by inadequate or excessive watering, neglect, extreme weather, pests, disease or events outside our control.

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13 Waste cleanliness and neighbouring property

We will remove waste only where the quotation says that removal is included. Soil, rubble or materials found to be hazardous, contaminated or materially different from what could reasonably be anticipated may require specialist handling and a variation. We will leave the working area reasonably tidy, allowing for the nature and stage of the Work.

You are responsible for confirming boundaries and obtaining any neighbour or third-party consent. We will take reasonable care to minimise disturbance, but noise, dust, vibration, deliveries and temporary access restrictions are normal consequences of landscaping work.

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14 Subcontractors and suppliers

We may use suitably selected employees, labourers,  specialist trades and suppliers to perform parts of the Work. We remain responsible for services we are contractually obliged to provide, subject to these terms and the law.

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15 Inspection completion and defects

We will tell you when the Work is substantially complete. Minor omissions or defects that do not prevent reasonable use do not entitle you to reject the whole Work or withhold the entire outstanding payment. Please identify concerns promptly and allow us a reasonable opportunity to inspect and, where we are responsible, put matters right.

Nothing in these terms limits your statutory rights. For consumers, services must be performed with reasonable care and skill and goods must meet applicable legal standards. Any workmanship or manufacturer guarantee is only as stated in writing. A guarantee is additional to, and does not replace, statutory rights.

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16 Damage and insurance

Tell us promptly about alleged damage and give us a reasonable opportunity to inspect it before repair by others, except where urgent action is reasonably required to prevent injury or further damage. We maintain insurance appropriate to our business. Details are available on reasonable request.

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17 Liability

Nothing in the contract excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of rights that cannot lawfully be excluded, or any other liability that cannot lawfully be limited.

We are responsible for foreseeable loss or damage caused by our breach of contract or failure to use reasonable care and skill. We are not responsible for loss that was not foreseeable when the contract was made, loss caused by inaccurate information or a breach by you, or loss caused by events beyond our reasonable control, except where the law provides otherwise.

If you are a consumer, we supply the Work for private use and are not responsible for business losses. If you are a business customer, neither party is liable for indirect or consequential loss, loss of profit, revenue, business, anticipated savings or goodwill, subject always to liabilities that cannot lawfully be limited. Any additional business-to-business liability cap must be expressly agreed in the quotation or contract and must be reasonable.

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18 Events beyond reasonable control

Neither party is responsible for delay or failure caused by an event beyond reasonable control, such as extreme weather, flood, fire, epidemic restrictions, utility failure, transport disruption, industrial action, shortage of labour or materials, supplier failure, or government action. The affected party must take reasonable steps to reduce the effect and resume performance when reasonably possible. If delay becomes substantial, either party may discuss ending the affected Work and a fair account of costs incurred.

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19 Personal information and photographs

We handle personal information as described in our Privacy Policy. Project photographs may be taken for estimating, progress, completion, quality, insurance or dispute records. We will seek appropriate permission before publishing identifiable images of your property for marketing. You may decline marketing photography without affecting the landscaping service.

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20 Complaints

Our Complaints Policy explains how to raise a concern. Please contact us promptly, provide relevant photographs or documents and allow a reasonable opportunity to inspect and resolve the issue. This does not restrict your right to seek independent advice or use any court or alternative dispute process available to you.

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21 General terms

If any provision is found unlawful or unenforceable, the remaining provisions continue in effect. A delay in enforcing a right is not a waiver. The contract is between you and us; no other person may enforce it except where the law provides otherwise. You may not transfer the contract without our written agreement. We may transfer it only where this does not reduce your rights or protections.

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22 Governing law and courts

If you are a consumer resident in the United Kingdom, the contract is governed by the law applicable where you live and you may bring proceedings in the courts with jurisdiction where you live. For business customers, the contract is governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.

 

Landscapewell Ltd | Company number 15528845 | info@landscapewell.co.uk