Landscaping Victoria Service Terms and Conditions

These Service Terms and Conditions set out the basis on which Landscaping Victoria provides landscaping and garden maintenance services to residential and commercial clients in the UK. By making a booking, confirming a quotation, or allowing work to proceed, the customer agrees to these terms. These conditions are intended to create a clear and fair agreement covering the landscaping service booking process, payment obligations, cancellations, liability, waste handling, and the legal framework that applies to our services.

For the purposes of these terms, “we”, “us”, and “our” refer to Landscaping Victoria, and “you” or “the customer” refers to the person, business, or organisation requesting the services. These terms apply to all garden landscaping, soft landscaping, hard landscaping, planting, clearance, maintenance, and related outdoor works supplied by us, unless otherwise agreed in writing. They should be read together with any quotation, estimate, scope of works, or written instruction that forms part of the service arrangement.

We aim to provide a professional landscape service with transparent communication and reasonable expectations. However, because outdoor work is affected by weather, site access, ground conditions, plant availability, and other factors beyond our control, the exact timing and method of delivery may need to be adjusted. Nothing in these terms affects your statutory rights as a consumer where applicable.

1. Booking Process

All bookings begin with an enquiry and an assessment of the requested work. We may ask for photographs, measurements, a site visit, or additional information to understand the project properly. Any quotation or estimate provided is based on the information available at that time and may be revised if the scope of the landscaping project changes, hidden conditions are discovered, or the customer requests additional work.

When you accept a quotation, either verbally, in writing, or by approving a booking, you are requesting us to reserve time, labour, tools, and materials for your project. A booking is only confirmed once we have acknowledged acceptance and, where required, received any deposit or advance payment specified in the quotation. We reserve the right to decline or postpone a booking if access, safety, weather, or scheduling constraints make the work unsuitable at the agreed time.

2. Work Scope and Customer Responsibilities

The scope of the work will be limited to the services described in the accepted quotation, estimate, or written agreement. Any items not expressly included are excluded unless agreed later in writing. This includes, where relevant, soil supply, plant replacement, ground preparation, disposal of green waste, materials, machinery hire, specialist subcontractors, or additional labour. If the customer requests changes after work has started, we may revise the price and completion date accordingly.

You are responsible for ensuring that the site is reasonably accessible and safe for our team to carry out the work. This includes providing accurate information about underground services, boundary issues, hidden hazards, pets, locked gates, parking restrictions, and any special access requirements. You must also obtain any permissions, consents, or approvals required from landlords, management companies, neighbours, freeholders, or local authorities, unless we have expressly agreed to do so in writing.

Where the project involves plants, turf, paving, timber, or decorative materials, natural variation may occur in colour, size, finish, and seasonal appearance. Such variation is not a defect. Similarly, living materials can be affected by climate, watering, aftercare, soil quality, and disease. We will take reasonable care in sourcing and installing materials, but we cannot guarantee outcomes that depend on conditions outside our control.

3. Payments, Deposits, and Invoicing

Payment terms will be stated in the quotation or invoice. Unless otherwise agreed, invoices are due within the period specified on the invoice. We may request a deposit or staged payments for larger landscaping services, material purchases, or bespoke works. Deposits are used to secure labour time, reserve materials, and cover initial project costs, and may be non-refundable except where required by law or expressly stated otherwise.

Prices are usually quoted exclusive of VAT unless we state otherwise. If VAT applies, it will be shown separately or included in the final invoice as required. The customer must pay all sums due in full without set-off, deduction, or withholding unless we agree in writing or a court orders otherwise. If payment is late, we reserve the right to charge reasonable recovery costs, interest, or late payment charges in accordance with applicable law and commercial practice.

We may suspend work where payment is overdue, where a required deposit has not been paid, or where additional authorised work has not been settled. Ownership of any supplied materials may remain with us until full payment is received, to the extent permitted by law. Any bank charges, failed payment fees, or costs arising from incorrect payment details supplied by the customer may be recharged to the customer.

4. Cancellations, Rescheduling, and Delays

If you need to cancel or reschedule a booking, you should notify us as soon as reasonably possible. Because time is reserved in advance for labour, equipment, and materials, short-notice cancellations may result in a charge. The amount charged will depend on the amount of notice given, the stage of preparation, and whether materials have already been purchased or special arrangements made.

We may cancel or reschedule the service if weather conditions, safety issues, equipment failure, staff illness, supplier delays, or other events outside our reasonable control make performance impractical or unsafe. In such cases, we will contact you to agree a new date or suitable alternative arrangement. We will not be liable for losses arising from a delay or cancellation caused by circumstances beyond our reasonable control, provided we act reasonably and communicate promptly.

If the customer repeatedly postpones work, fails to provide access, or does not respond to requests for information needed to proceed, we may treat the booking as cancelled and charge for costs already incurred. Where work is carried out in stages, each stage may be billed separately, and delay in one stage may affect the timetable for the remainder of the landscaping contract.

5. Liability and Limitations

We will carry out our services with reasonable skill and care. If we fail to do so, we will, where appropriate, re-perform the affected work, provide a reasonable reduction in price, or take other steps required by law. Our responsibility is limited to direct losses that are reasonably foreseeable and arise from our breach of contract, negligence, or other legal duty.

We do not exclude or limit liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be limited. Subject to those mandatory rights, we are not responsible for indirect or consequential losses such as loss of profit, loss of enjoyment, loss of use, business interruption, or damage caused by matters outside our control.

Any advice we provide regarding planting, aftercare, maintenance, drainage, materials, or garden layout is based on the information available at the time. The customer remains responsible for deciding whether such advice suits their property and intended use. We are not responsible for deterioration caused by poor aftercare, unsuitable watering, extreme weather, vandalism, pests, disease, subsidence, structural movement, or pre-existing site conditions not reasonably discoverable before work began.

6. Waste Regulations and Site Clearance

All waste arising from landscaping work, including soil, turf, branches, leaves, timber, packaging, stone, concrete, and general garden debris, must be handled in accordance with applicable UK waste laws and environmental requirements. Where we agree to remove waste, we will do so using lawful disposal routes and may classify waste according to type, volume, and contamination risk. The customer must disclose any hazardous or unusual materials before work starts.

If waste is left on site for the customer to dispose of, it becomes the customer’s responsibility once the agreed work is complete, unless otherwise stated. If we are instructed to remove waste but discover contamination, regulated materials, asbestos, invasive species, oils, chemicals, or other restricted substances, we may pause the job and revise the quotation or seek specialist handling. Additional charges may apply where waste must be segregated, bagged, loaded, transported, or disposed of more carefully than originally anticipated.

The customer must not ask us to dispose of items unlawfully, and we reserve the right to refuse any instruction that would breach environmental, transport, or disposal rules. If we are required by law to keep waste transfer records, permits, or related documentation, those records will be maintained in accordance with applicable requirements. Any fly-tipping, unauthorised dumping, or misuse of waste services by the customer may lead to immediate termination of the agreement and recovery of resulting costs.

7. Materials, Plants, and Seasonal Variation

Where the service includes supply and installation of plants or materials, the customer acknowledges that living and natural products can vary. Trees, shrubs, turf, and bedding plants are subject to seasonal quality differences and may require aftercare to establish properly. Minor imperfections, growth patterns, and normal variations do not amount to a defect. Unless a specific guarantee is expressly stated in writing, plant survival depends on factors outside our control.

Any materials sourced from third parties may be subject to the supplier’s own specifications, warranties, or availability constraints. We are not responsible for delays caused by shortages, discontinued lines, or supplier substitutions where a comparable alternative is offered and accepted. If a substitute is proposed, we will aim to ensure it is suitable for the intended landscaping works, but final approval may be required before installation.

Where you supply your own materials, plants, fixtures, or equipment, you accept responsibility for their suitability, quality, and compliance with any relevant standards. We will not be liable for defects, performance issues, or failures caused by customer-supplied items, except where such issues are caused by our negligence in handling or installation.

8. Access, Health and Safety, and Property Protection

We will take reasonable precautions to protect the property and working area during the service, but outdoor work can involve unavoidable disruption, including noise, dust, soil movement, temporary access restrictions, and machinery use. The customer should move fragile items, vehicles, ornaments, loose cables, and valuables away from the working area before work begins, unless we have agreed to handle such matters specifically.

The customer must inform us of any known hazards, including buried services, unstable structures, hidden drainage, contaminated ground, protected trees, or animal burrows. We may stop work if we believe continuing would create a risk to safety, property, or compliance with the law. Any necessary protective measures beyond ordinary working practice may be chargeable if they were not included in the original quotation.

We are not responsible for damage caused by pre-existing defects, poor construction, deterioration, or unavoidable consequences of carrying out agreed work in a proper manner. If a dispute arises about whether damage was caused by our operations or by an existing condition, we may investigate and, where appropriate, rely on photographs, site notes, or independent assessment.

9. Complaints and Remedies

If you believe there is an issue with the service, you should notify us within a reasonable time after completion or discovery of the problem. Please provide a clear description of the concern and, where possible, supporting photographs. We will review the matter and may inspect the site or request further information. Our aim is to resolve genuine concerns fairly and efficiently.

Where a service has not been carried out with reasonable care and skill, our preferred remedy may be to return and correct the issue within a reasonable period. If correction is not appropriate, a partial refund or other lawful remedy may be considered. No remedy will be available for issues caused by misuse, lack of maintenance, third-party interference, weather events, or changes made by the customer after completion.

Nothing in these terms removes or limits any rights you may have under consumer protection law. However, to the fullest extent permitted by law, the customer agrees that any claim relating to the landscaping service must be brought within a reasonable period after the issue first becomes known, and in any event in accordance with the applicable legal limitation period.

10. Termination and General Provisions

Either party may end the agreement where the other party commits a serious breach and fails to remedy it within a reasonable time, if a remedy is possible. We may also terminate immediately if the customer behaves abusively, prevents safe working, asks us to act unlawfully, or repeatedly fails to pay sums due. If termination occurs, the customer must pay for work completed and reasonable costs already incurred up to the date of termination.

We may update these terms from time to time. The version in force at the time of your booking will apply to that booking unless a change is required by law. If any part of these terms is found to be invalid or unenforceable, the remaining provisions will continue in effect. Any failure by us to enforce a right or remedy immediately does not mean that right or remedy is waived.

11. Governing Law

These Service Terms and Conditions, and any dispute or claim arising from or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where consumer law requires otherwise or where the parties agree to an alternative lawful dispute resolution method.