Garden Maintenance, Grounds Care & Landscaping
Version: 28 January 2026 (England & Wales)
1.1 Company / we / us / our means Evergreen Grounds.
1.2 Client / you / your means the person, company or other legal entity ordering the Works.
1.3 Works means the services, labour and (if applicable) materials described in our Quote/Proposal, job description, work order, or agreed variation.
1.4 Site means the location where the Works are carried out.
1.5 Quote / Proposal means our written quotation/proposal (including any scope, drawings, schedule, inclusions/exclusions, dayworks rates).
1.6 Dayworks means labour/plant/materials charged at time and materials rates.
1.7 PC (Practical Completion) means the point at which the Works are substantially complete and usable for their intended purpose (allowing for minor snags).
1.8 Headings are for convenience and do not affect interpretation.
2.1 The contract between you and us (“Contract”) consists of: (a) our Quote/Proposal (or Jobber work order), (b) these Terms & Conditions, and (c) any drawings/specifications we both agree in writing.
2.2 If there is any conflict, the order of priority is: (1) written variation agreed after the Quote, (2) Quote/Proposal/work order, (3) these Terms & Conditions.
3.1 Quotes are valid for 30 days unless stated otherwise.
3.2 Quotes are based on information reasonably available at the time (including access, ground conditions, and the Client’s description).
3.3 Excluded items: Anything not expressly included in the Quote/Proposal is excluded.
3.4 Acceptance occurs when you do any of the following:
confirm acceptance in writing (including email/SMS/WhatsApp), or
pay a deposit or make any payment towards the Works, or
instruct us to order materials, book labour, or commence Works, or
allow us to start work on Site.
3.5 Where we provide alternative options (e.g., “good/better/best”), the Contract covers only the option you accept.
4.1 You must provide safe, continuous access to the Site during agreed working times and ensure work areas are reasonably clear (including moving fragile items/ornaments where possible).
4.2 You must secure pets and keep children away from the work area.
4.3 You must disclose, before we start, any known hazards or issues (e.g., unstable ground, unsafe structures, asbestos, sharps, aggressive animals).
4.4 You must disclose known underground/overhead services and provide any surveys/records in your possession.
4.5 Unless otherwise agreed in writing, you provide free use of water and electricity and reasonable welfare access (toilet facilities). If not available, we may charge a reasonable welfare provision fee.
4.6 If we cannot access the Site (locked gates, no access arranged, unsafe conditions, pets not secured), we may treat the visit as chargeable and/or apply the cancellation terms in clause 15.
5.1 Any start date or duration is an estimate, not a guarantee. Time is not “of the essence” unless we agree this expressly in writing.
5.2 We may adjust dates due to weather, ground conditions, supplier delays, sickness, breakdowns, emergencies, or other events outside our reasonable control.
5.3 We will make reasonable efforts to notify you of material changes and to reschedule fairly.
6.1 Any change to scope requested by you is a Variation and must be agreed in writing (including email/SMS/WhatsApp) and may affect price and programme.
6.2 If we encounter unexpected conditions (hidden obstructions, unmarked services, contamination, utilities not shown/marked, protected species/nesting birds), we may stop the affected area, notify you, and treat resulting work/time as a Variation.
6.3 Minor clarifications that do not materially affect cost/time may be treated as reasonable adjustments.
7.1 Typical working hours are those stated on your Quote or as reasonably required for efficient completion.
7.2 Landscaping and grounds work can be noisy/dusty. You are responsible for notifying neighbours where appropriate (especially for early starts, machinery, and deliveries), unless agreed otherwise.
8.1 Parking, permits, traffic management and skip licences (if required) are chargeable unless included.
8.2 We may deliver/store materials and use machinery/plant at the Site.
8.3 Reasonable surface markings/indentations from deliveries/plant are not a defect and are not our liability where unavoidable on typical domestic drives, paths and grassed areas (particularly in wet conditions).
9.1 We work in line with applicable UK health & safety law and, where applicable, CDM 2015.
9.2 You must not enter exclusion zones and must not directly instruct our operatives on Site; instructions should be given via the Company representative.
9.3 We may refuse or stop work if we reasonably believe conditions are unsafe until the issue is resolved.
10.1 Unless expressly included, obtaining planning permission, landlord consent, TPO consent, felling licences, party wall matters, wayleaves, and similar permissions is your responsibility.
10.2 We are not liable for damage to services that are unmarked, inaccurately marked, or undisclosed. Any service location, making safe, or repair is chargeable as a Variation.
10.3 Where service locating is requested (or we deem it necessary), we may quote separately or charge as Dayworks.
11.1 Natural materials (stone, timber, turf, plants) vary in colour/size/texture; this is not a defect.
11.2 If specified items become unavailable, we may propose a nearest-equivalent substitute of similar quality; approval will not be unreasonably withheld.
11.3 Title to goods/materials remains with us until paid in full.
11.4 Risk passes on delivery to Site (or installation, where relevant). You are responsible for protecting delivered materials from theft or damage where left on Site (unless we agree secure storage).
12.1 We warrant plants/turf are of the grade specified (or reasonable equivalent) and in good condition at supply and at PC.
12.2 Establishment depends on aftercare (watering, feeding, pest/disease control). Failures due to drought, frost, heat, waterlogging, animal/pest damage, vandalism, or Client neglect are excluded.
12.3 Any establishment guarantee (e.g., 12 months) must be expressly agreed in writing and may require a paid aftercare regime and compliance with our written guidance.
13.1 At PC we may conduct a walk-through with you (where practical) and record snags.
13.2 We will rectify reasonable snagging items within 14–28 days (weather/season permitting and subject to access).
13.3 Workmanship warranty: 12 months from PC for defects arising solely from our workmanship. Materials are subject to manufacturers’ warranties.
13.4 Exclusions include (without limitation): movement/cracking from subsoil heave, settlement, extreme weather, misuse, lack of maintenance, third-party interference, or works carried out by others.
14.1 Visits are delivered on the agreed schedule, subject to weather and seasonal constraints. Where a visit is missed due to weather or site conditions, we will use reasonable efforts to roll it forward.
14.2 Unless included, the following are chargeable extras: off-site green waste removal, chemical applications, irrigation, storm damage response, heavy clearance, and non-green waste removal.
14.3 Standards are delivered on a reasonable endeavours basis within the time purchased for each visit. If additional tasks/time are requested, these will be charged as a Variation/Dayworks.
14.4 You acknowledge that mowing/strimming may be postponed where ground conditions would cause damage or a poor finish.
Important: Our cancellation charges are intended as a genuine reflection of reserved labour slots, scheduling disruption and costs. We will reduce/waive charges where it is fair and reasonable.
15.1 Consumer cooling-off: Consumers may have a 14-day cooling-off right for off-premises contracts under the Consumer Contracts Regulations 2013. If you ask us to start within that period, you agree to pay reasonable charges for work completed and for any bespoke/ordered goods that cannot be cancelled/returned.
15.2 Cancellations/Postponements (all bookings, including maintenance visits and one-off jobs):
Less than 48 hours’ notice: we may invoice 50% of the scheduled labour value for that booking.
Less than 24 hours’ notice: we may invoice 60% of the scheduled labour value for that booking.
15.3 Discretion to reduce/waive: We may reduce or waive the above if:
(a) you provide a reasonable reason (e.g., genuine emergency), and/or
(b) you promptly rebook to the next available date offered, and/or
(c) we can reasonably reallocate the slot.
We reserve the right to decide what is reasonable, acting fairly and in good faith.
15.4 Non-returnable costs: If materials have been ordered, plant/hire booked, or third-party costs committed, you remain liable for those costs where non-refundable and reasonably evidenced.
15.5 No access / unsafe site: If we attend and cannot proceed due to access issues or unsafe conditions within your control, we may treat this as a late postponement and apply 15.2.
16.1 All prices are exclusive of VAT unless stated. VAT is charged at the prevailing rate where applicable.
16.2 Standard terms (unless agreed otherwise in writing):
Deposit (if required) to book/start: as stated on the Quote (commonly 30%).
Interim invoices may be issued for progress, staged works, or materials delivered/ordered.
Balance is due at PC (or on completion for smaller works).
16.3 Maintenance accounts: invoiced monthly in arrears unless agreed otherwise.
16.4 Payment is due 14 calendar days from invoice date unless stated otherwise.
16.5 Late payments may accrue interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 for commercial Clients; for consumers we may charge reasonable interest up to 3% above Bank of England base rate, where lawful.
16.6 We may suspend Works and/or future visits for non-payment after giving notice and may charge reasonable demobilisation/remobilisation costs.
16.7 Where you choose to pay by card (including “card on file”), you authorise us to take payment immediately on completion of the Works/visit (or at PC for larger projects), unless agreed otherwise in writing.
16.8 You authorise us to issue invoices/receipts electronically (email/SMS/app notification). An electronic receipt constitutes proof of payment.
16.9 If a card payment fails, you remain liable for the amount due and we may suspend further Works/visits until paid. Reasonable costs of failed payment administration and any third-party processing charges may be charged where permitted by law.
16.10 You agree not to initiate a chargeback for any undisputed amount without first notifying us and giving us a reasonable opportunity to investigate and resolve the issue.
17.1 We may suspend Works if you fail to pay, fail to provide access, or breach the Contract materially.
17.2 Either party may terminate for material breach not remedied within 14 days of written notice, or insolvency.
17.3 On termination, you must pay for Works completed, committed materials, and reasonable costs incurred up to termination (including demobilisation).
18.1 Nothing in these Terms limits or excludes liability for: death or personal injury caused by our negligence, fraud, or any liability that cannot legally be limited.
18.2 Subject to 18.1, our total aggregate liability arising from the Contract is limited to the total price paid under the Contract or £250,000, whichever is lower.
18.3 We are not liable for indirect or consequential loss (loss of profit, loss of business, etc.), except where such exclusion is not permitted by law.
18.4 We are not liable for: pre-existing defects, the acts/omissions of others, Client-supplied materials, or events beyond our reasonable control.
18.5 Consumer rights: Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer laws.
19.1 We hold appropriate insurance (evidence available on request), typically including Employers’ Liability and Public Liability cover.
20.1 Where waste removal is included or agreed, we will arrange lawful disposal in accordance with applicable regulations.
20.2 We will not knowingly disturb nesting birds or protected species. If discovered, delays/changes may be treated as a Variation.
21.1 We may take photographs and/or videos of the Works, the Site and completed results for: project records, quality control, quoting additional works, and marketing/advertising (including website, social media, printed materials and listings).
21.2 We will avoid capturing people in an identifiable way where reasonably possible.
21.3 If you do not want your property featured in marketing, you must notify us in writing before work starts. Where you object, we may still take photos for records/evidence (e.g., before/after condition), but we will not use them for marketing.
22.1 We process personal data to perform the Contract and for legitimate interests (project records, invoicing, service communications). We do not sell personal data.
22.2 We retain relevant records for at least 6 years for accounting/legal purposes. Further details are set out in our Privacy Notice.
23.1 Raise concerns promptly (preferably in writing) so we can inspect and remedy where appropriate.
23.2 If we cannot resolve within 28 days, either party may propose mediation. This does not prevent either party from seeking legal remedies.
24.1 We may subcontract specialist elements. We remain responsible for overall delivery of the Works under the Contract.
25.1 We are not liable for delay or failure caused by events beyond reasonable control (severe weather, shortages, strikes, breakdowns, epidemics, etc.). Time will be extended fairly and additional costs may be priced where applicable.
26.1 Severability: If any term is unlawful/invalid, it will be modified to the minimum extent necessary; the rest remains effective.
26.2 No waiver: Failure to enforce any term is not a waiver.
26.3 Notices: Notices may be given by email or post to the addresses shown on the Quote/Invoice; deemed received on delivery (email) or 2 business days after posting.
26.4 Governing law/jurisdiction: England & Wales. The courts of England & Wales have exclusive jurisdiction.
