Terms and Conditions for Landscaping Kensington
These Terms and Conditions govern the provision of landscaping services, garden maintenance, soft landscaping, hard landscaping, and related outdoor works by Landscaping Kensington (referred to in these Terms as “we”, “us”, or “our”) to the customer (“you” or “the client”). By making a booking, accepting a quotation, or allowing work to begin, you agree to be bound by these Terms and Conditions. If you do not agree with any part of them, you should not proceed with a booking. These Terms are intended to set out the basis on which a professional Landscaping Kensington service is delivered, including how appointments are arranged, how payments are handled, what happens if a booking is changed or cancelled, and the extent of our responsibility for the work carried out.
These Terms apply to all domestic and commercial landscaping services supplied by us, whether the work involves a one-off project or recurring maintenance. They also apply to any quote, estimate, specification, plan, or schedule issued by us unless we confirm otherwise in writing. Where there is any conflict between a written quotation and these Terms, the quotation will take precedence only for the specific items it addresses. All other matters remain governed by these Terms. We reserve the right to update these Terms from time to time, and the version in force at the time your booking is accepted will apply to that job.
For the purpose of clarity, references to landscaping services include but are not limited to turfing, planting, hedge work, patio-related landscaping, soil preparation, pruning, garden clearance, mulching, seasonal maintenance, and the supply and installation of non-structural outdoor features. These Terms do not cover building, structural, or specialist engineering works unless expressly agreed in writing. Any advice we provide is given in good faith and is based on the information available at the time. If site conditions change, we may need to revise the scope, timing, or cost of the work.
1. Booking Process
All bookings are subject to availability and acceptance by us. A booking usually begins when you request a quotation or provide details of the work required. We may ask for photographs, site measurements, access information, and any relevant details about boundaries, services, or existing features. This information helps us prepare an accurate scope and identify any likely limitations. A quotation or estimate is not an acceptance of your booking; it is an invitation to proceed on the stated terms.
Once you approve the quotation, we will confirm the appointment date, project start date, or maintenance schedule. In some cases, we may require a deposit or written confirmation before reserving time in our schedule. Your booking is only secured when we have accepted it and, where applicable, received the required deposit. If you request changes after the booking has been confirmed, we will review whether the revised work can be accommodated without affecting the schedule or cost. Material lead times, weather conditions, and site access may affect the confirmed dates.
It is your responsibility to ensure that all information you provide is correct and complete. This includes details of underground utilities, shared access routes, parking restrictions, restricted working hours, and any permissions needed from landlords, managing agents, neighbours, or local authorities. If the information supplied is inaccurate or incomplete and this causes delay, extra cost, or changes to the work, we may charge reasonably for the additional time and resources required. We may also suspend the work until the issue is resolved.
Where a site survey is necessary, it may be carried out before final confirmation. Survey findings can affect the quoted price if hidden conditions are discovered, such as unstable ground, poor drainage, buried debris, invasive roots, or inaccessible areas. We will notify you if a revised quotation is needed. Landscaping works often involve natural materials and conditions that can differ from one area of a site to another, so exact uniformity cannot always be guaranteed. Minor variations in colour, texture, growth, and finish are considered normal in professional landscaping Kensington projects.
We reserve the right to refuse, delay, or cancel a booking if the site is unsafe, if access is not provided, if payment terms are not met, or if the requested work would require activity outside our competence, insurance, or legal obligations. If we must postpone due to severe weather, supply shortages, or other events beyond our control, we will aim to rearrange the work promptly. Any delay caused by such matters will not constitute a breach of contract.
2. Payments
Unless stated otherwise in the quotation, payment terms will be confirmed in advance and may include a deposit, staged payments, or payment upon completion. Deposits are used to reserve time, materials, and labour, and are generally non-refundable except where required by law or where we are unable to provide the service for reasons within our control. For larger landscaping contracts, payments may be requested at defined milestones, such as after design approval, material delivery, groundwork completion, or final installation. The final balance must be paid in full within the period stated on the invoice.
Invoices may be issued electronically or in paper form. Payment methods may include bank transfer, card payment, or another agreed method. If a payment is overdue, we may charge statutory interest and recover reasonable administrative or debt-recovery costs permitted by applicable law. We may also suspend further work, withhold delivery of materials, or remove our team from the site until outstanding sums are settled. Title to any materials supplied by us does not pass to you until we have received payment in full for those materials and any associated charges.
Quoted prices are based on the information available at the time of quotation and may exclude items not specifically listed. Examples may include permit fees, specialist access equipment, craneage, waste transfer charges, or additional materials needed because of hidden site conditions. If the scope changes after the quote is accepted, we will provide a revised price or variation notice before carrying out the additional work, unless urgent action is needed to prevent damage or to make the site safe. All prices are stated in pounds sterling unless otherwise agreed.
Landscaping Kensington aims to be transparent about costs, but natural variations and site-specific conditions can affect final amounts. Where a fixed-price quote is provided, it applies only to the agreed scope and assumes normal working conditions, reasonable access, and no material changes to the site. If you request upgrades, substitutions, accelerated completion, or out-of-hours attendance, additional charges may apply. We will make reasonable efforts to explain any such changes before the work proceeds.
3. Cancellations, Rescheduling, and Delays
You may cancel or reschedule a booking by giving reasonable notice. The amount of notice required may vary depending on the nature and size of the job, the materials ordered, and whether labour has already been committed. If you cancel after we have ordered materials, allocated staff, or incurred other costs, you may be charged for those reasonable expenses. Deposits may be retained to the extent that they cover losses already incurred. We will always act reasonably when assessing cancellation charges and will not charge more than is necessary to cover our direct loss.
If you wish to reschedule, we will try to offer a new date, but availability cannot be guaranteed. Re-booking may be subject to price changes if material costs or labour rates have changed, or if the original scope must be amended. If we arrive on site and cannot proceed because access is blocked, the site is not ready, or materials are unavailable due to circumstances on your side, we may treat this as a late cancellation and charge for wasted time and travel. Where possible, we will seek to re-arrange rather than cancel.
We may cancel or postpone work where events beyond our control make it impractical or unsafe to continue. Such events may include extreme weather, transport disruption, supply chain interruption, illness, accidents, fire, flooding, utility outages, or legal restrictions. If this occurs, we will contact you as soon as reasonably practicable and arrange an alternative date or revised plan. We will not be liable for any indirect loss caused by a delay outside our reasonable control. In the event of prolonged disruption, either party may discuss termination of the affected part of the services on fair and reasonable terms.
4. Liability and Limitations
We will perform our services with reasonable skill and care and in accordance with the agreed scope. However, landscaping work is influenced by weather, soil conditions, plant health, drainage, and existing site characteristics, and therefore results may vary over time. Unless expressly agreed in writing, we do not guarantee the long-term survival of plants, lawns, turf, or other living materials, as their condition depends on aftercare, irrigation, seasonal factors, pests, disease, and environmental conditions beyond our control.
You are responsible for providing access to the site and ensuring that the area is safe and available for the work. If there are hidden hazards such as unstable surfaces, concealed cables, underground services, asbestos, contaminated soil, sharp objects, or dangerous wildlife, you must tell us before work begins. We will take reasonable precautions, but we are not responsible for loss or damage caused by inaccurate information, concealed defects, or conditions that could not reasonably have been discovered beforehand. Any damage arising from pre-existing faults, subsidence, defective structures, or poor prior workmanship is excluded unless caused directly by our negligence.
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be limited or excluded. Subject to that, our total liability for any claim arising out of a particular job will be limited to the amount paid or payable for that specific job, except where a different limit is required by law. We are not liable for loss of profit, loss of business, loss of enjoyment, or any indirect or consequential loss. This limitation is intended to be fair and proportionate for domestic and commercial landscaping Kensington services.
If you believe there is a defect in our workmanship, you must notify us within a reasonable time after completion or discovery. We may inspect the issue and, where appropriate, offer to rectify a proven defect attributable to our work. This remedy will generally be limited to repair, re-performance, or another reasonable solution at our discretion. Normal wear and tear, accidental damage, lack of maintenance, misuse, and changes caused by weather or third parties are not defects for which we are responsible. Any unauthorised alteration of our work by you or another contractor may void any remedy we might otherwise have provided.
5. Waste Regulations and Site Clearance
Landscaping projects can create substantial amounts of green waste, soil, rubble, packaging, and general site debris. We will handle waste in accordance with applicable UK waste laws, duty of care requirements, and environmental obligations. Waste generated by our services will be separated, stored, transported, and disposed of responsibly where we are contracted to do so. We may use licensed waste carriers or authorised disposal facilities when required. You agree to cooperate with us in providing accurate information about the type and origin of waste, especially where it includes soil, concrete, treated timber, or material that may be classed as controlled waste.
Unless otherwise stated in the quotation, waste removal charges are additional to the service price. If you ask us to remove waste, we may estimate the volume and type in advance, but final charges can change if the quantity differs materially from what was expected. We may refuse to remove certain substances if they are hazardous, regulated, or unsuitable for standard disposal. In such cases, you must arrange specialist handling unless we agree to source it separately. You must not place prohibited items into green waste or other ordinary landscaping waste streams.
Where waste remains on site for collection, you are responsible for ensuring it is protected from theft, movement, or contamination. If we are instructed to leave arisings on site for your own disposal, responsibility for those materials passes to you once we have properly separated and placed them as agreed. We do not accept responsibility for unauthorised dumping by third parties after collection has been completed. If you request recycling or reuse of materials, we will try to accommodate that request where lawful and practicable, but we give no guarantee that all materials can be recovered or reused.
6. Customer Responsibilities
You must ensure that the site is accessible on the agreed date and that any children, pets, valuables, fragile items, or movable objects are kept clear of the work area. You should also identify any irrigation systems, hidden lighting, utility covers, or fragile paving before the work starts. If our team needs to move items in order to carry out the service safely, we may do so with reasonable care, but we are not responsible for items left in the working area unless loss or damage results from our negligence. The client remains responsible for maintaining the completed landscaping after handover, unless a separate maintenance arrangement has been agreed.
Where plants, turf, or materials are supplied by you, we are not responsible for their quality, suitability, or condition unless we have expressly agreed to inspect and approve them. If your chosen materials are not suitable for the intended purpose or site conditions, we may decline to install them or may proceed only after you confirm that you accept the risk. Any required permits, landlord approvals, neighbour consents, or planning-related permissions remain your responsibility unless we confirm in writing that we will obtain them on your behalf.
You agree not to interfere with the progress of the works or to instruct our staff to carry out additional tasks outside the agreed scope without prior approval. Unauthorised instructions may not be binding and may be charged separately if acted upon. Where the project involves planting or turfing, we may provide aftercare recommendations, but these do not form a guarantee unless expressly stated. It is your duty to follow any agreed watering, feeding, or access restrictions after completion. Failure to do so may affect the condition of the work and any remedy available.
7. Intellectual Property, Variations, and General Terms
Any plans, sketches, drawings, layouts, or written specifications prepared by us remain our intellectual property unless we agree otherwise in writing. You may use them only for the purpose of the agreed project. We may make reasonable variations to the method, sequence, or materials used if this is necessary to complete the job safely, efficiently, or in accordance with available supply, provided the overall quality and purpose are not materially reduced. Any substantial change to the scope should be confirmed in writing by both parties.
If any part of these Terms is found to be unlawful, invalid, or unenforceable, the remaining provisions will continue in full force. Failure by us to enforce any right or clause immediately does not mean we have waived that right. Any waiver must be confirmed in writing. These Terms, together with the accepted quotation and any agreed variation, form the entire agreement between you and us for the relevant services and replace prior discussions or representations to the extent permitted by law. You should keep a copy for your records.
Nothing in these Terms creates a partnership, employment relationship, or agency arrangement between the parties. We may assign or subcontract parts of the work where appropriate, provided this does not reduce the standard of service. Any subcontractors engaged will be expected to comply with relevant safety and professional standards. You may not transfer your rights under these Terms to another person without our written consent, except where required by law.
8. 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 parties agree that the courts of England and Wales shall have exclusive jurisdiction, subject to any mandatory consumer rights or dispute resolution rights that cannot lawfully be excluded. If a disagreement arises, both parties should first try to resolve it in good faith and in a reasonable time before starting formal proceedings. We aim to deal with all landscaping Kensington services fairly, professionally, and in a manner consistent with applicable UK law.
Last updated: These Terms may be revised without notice for future bookings, but any change will not alter an already accepted agreement unless both parties consent. By continuing with a booking or allowing work to proceed, you confirm that you have read, understood, and accepted these Terms and Conditions in relation to the landscaping services provided.