The Plantsman – Terms & Conditions
Definitions:
“The Client,” “You,” “Your” refers to the individual, firm, or company requesting garden design, landscaping,
and/or associated services from The Plantsman. The Client is responsible for all payments unless otherwise
agreed in writing prior to commencement.
“The Contractor,” “We,” “Us,” “Our” refers to The Plantsman and any approved subcontractors appointed to carry out the services outlined in the Specification.
“Project Manager” refers to the individual overseeing the delivery of the design and landscaping services on behalf of The Plantsman.
“Quotation” means the written estimate provided by The Plantsman for completing the design and/or landscaping works.
“Site” refers to the property or location where services will be carried out.
“Specification” refers to documents including, but not limited to, the Design Brief, Landscape Design, and Planting Plan, describing the scope of work.
“Works” means the design and/or landscaping work undertaken in accordance with the Specification.
These Terms & Conditions do not affect the Client’s statutory consumer rights.
1. INITIAL CONSULTATION
We offer a complimentary initial site visit to understand your ideas and goals. This meeting forms the basis for the Quotation and Specification.
2. DESIGN FEES & PAYMENT TERMS
Following your consultation, we will provide a written Design Quotation outlining fees and a payment schedule. Quotations are valid for 21 days.
Full design fees start at £2,500 and may increase depending on the number of alterations, project scope, andspecifications.
Design fees may be charged at £55/hour or as a fixed cost. If additional hours are required, we’ll inform you and seek your approval before proceeding.
We require written confirmation (email or letter) of your acceptance before beginning work.
3. DESIGN PROCESS
A detailed site survey is required. For smaller gardens, we may complete this ourselves; for complex projects, we may recommend or arrange a specialist surveyor.
You may choose your own surveyor, but this contract remains solely between you and The Plantsman.
You’ll receive a Design Brief for approval. Your Landscape Design will be based on this document and the site survey.
Amendments to the design or Planting Plan requested after completion will be billed at £55/hour or as quoted.
Additional meetings and visits will be charged accordingly, including travel at 45p/mile.
4. CONTRACT SUM
Once you approve the final design, we’ll provide a Landscape Quotation valid for 21 days. Acceptance in writing confirms the Contract Sum.
If not accepted within 21 days, the Quotation will lapse.
5. CONSTRUCTION
You agree to provide clear site access, water, and electricity at no cost. Use of on-site facilities must be agreed upon prior.
Materials delivered to the site become your responsibility. Unused materials remain our property until paid in full.
Works will be carried out with skill and care in accordance with the Specification.
All additional work must be approved in writing by the Project Manager.Unapproved instructions to on-site staff will not be honoured and may result in termination of services.
If unforeseen obstructions (e.g., rubble, rock) are encountered, we will consult you and quote for removal.
While we make every effort to provide an accurate estimate of materials required, there may be occasions where additional materials are needed. In such cases, these will incur an extra charge, and an additional payment may be requested during the construction phase.
We are not responsible for delays caused by weather, strikes, or events beyond our control.
Planning permission, licences, and permits are the Client’s responsibility.
We hold full Public Liability, Employers Liability, and Professional Indemnity Insurance.
6. RIGHT TO CANCEL
If this contract was agreed off-site, you may cancel within 14 days under the Consumer Contracts Regulations 2013.
No work will start until this cooling-off period expires unless you agree in writing to waive it.
To cancel after work has begun, you must inform us in writing. You will be liable for all costs up to the date of cancellation.
7. PAYMENT
Invoices are due within 3 days of issue. A final invoice is due upon practical completion, also payable within 3 days. Late payments are subject to 3% interest per month.
We reserve the right to pause or terminate work if payments are missed. Unfixed materials remain our property and may be removed from site.
8. MAINTENANCE
We will complete initial planting and grass establishment. Ongoing maintenance is your responsibility after practical completion.
Maintenance guidance is available on request and may incur a fee.
9. PLANTS & PLANTING
All plants sourced and planted by us will be healthy and planted according to best horticultural practices.
We cannot be held responsible for plant failure due to weather, pests, neglect, animals, or poor maintenance. In rare cases of multiple plant failure (from a single batch/supplier) due to no fault of the Client, we may replace the plants at our discretion.
Plants supplied by the Client are planted at your own risk.
Substitute plants may be used if specified varieties are unavailable. If substitutes are more expensive, the Client will pay the difference.
If planting isn’t possible due to unforeseen ground issues, we’ll consult you before proceeding.
10. QUALITY OF WORKMANSHIP
All work will be carried out in accordance with recognised construction and horticultural practices. Materials supplied will be suitable for their intended use. Where normal ground conditions prevail, we provide a 12-month defects period from the date of practical completion for any workmanship found to be defective, unless such defect is caused by neglect, damage (wilful or accidental), weather, or theft.
In addition, The Plantsman provides a 2-year liability period from the date of practical completion covering landscaping work against defects arising specifically from poor workmanship or failure to follow industry-standard construction practices. This does not include defects resulting from natural ground movement, poor maintenance, acts of nature, or external damage.
We are unable to offer guarantees on products not supplied by us or products from third parties, including plants and timber. All timber supplied will be pressure-treated unless stated otherwise. Please note timber may naturally warp, crack, or change appearance over time due to weather exposure; we accept no liability for such natural movement.
The total value of any claim under this contract is limited to the agreed Contract Sum as set out in the final quotation.
This contract and all terms herein are governed by the Laws of England.
Conservation Areas
Under the Town and Country Planning Act 1990, if the tree(s) in question are located within a conservation area and have a girth of over 75mm at 1.3m, or if they are subject to a Tree Preservation Order, permission from the local planning authority is required before any work can commence. We can obtain this permission on your behalf at no additional cost once the quote is accepted.
3. Stump Grinding
For stump grinding services, a minimum access width of 64cm through the side of the house is required. If access is only available through the house and this was not disclosed beforehand, the quote may be subject to revision.
It is essential to inform us of any cables, pipework, or other underground services before work begins. We cannot be held liable for any damage if these are not disclosed.
All arising green waste and wood chippings from stump grinding is left on site, in the exact location of stump unless otherwise specified, an additional price will be given to mitigate labour and waste charges if the waste is to be removed.
4. Schedule of Work
Our team will carry out the work as specified in the quote. Any additional work will be estimated separately.
The quote includes the removal of all debris and timber unless otherwise specified. Additional costs may apply if there are unforeseen circumstances.
Please ensure that the work area is clear and that any breakable items are moved prior to our visit, as we cannot be held responsible for any damage resulting from failure to do so.
If you wish to make changes to the agreed-upon work, please inform us before work commences so that we can revise the quote and adjust our plans and pricing accordingly.
Any changes made after the commencement of work that require the tree surgeons to stop may incur charges for lost labour time.
5. Time-Sensitive Quotes.
If the estimate is based on a specific time frame (e.g., 4 tree surgeons for 1 day), we will endeavour to complete as much of the listed work as possible within that time. However, we cannot guarantee that all items will be completed. In the event of an emergency callout, we may need to prioritize and leave the site. Any uncompleted work will be rescheduled as soon as possible.
We aim to complete all work within two weeks of quote approval, unless larger contracts or the need for hired equipment necessitates a different timeline.
6. Asbestos, Oak Processionary Moth (OPM), Cables, and Pipework
We are not licensed to remove asbestos.
We can manage Oak Processionary Moth (OPM). However, if OPM is discovered during the work and was not identified during the initial assessment, work may need to be halted, potentially incurring additional charges.
For stump grinding, any armoured cables or utility lines must be disclosed beforehand. We cannot be held liable for any damage if these are not reported.
7. Access and Parking
We require access to your property during the scheduled work times.
If you are not on-site, we can hold keys for gates or make other access arrangements as needed.
If access is unavailable at the agreed time, we may have to charge for lost income.
Our tree surgeons will need two parking spaces, ideally on your driveway or at the kerbside.
If parking permits are required in your area, please ensure that permits are provided for the duration of the work before we commence. Failure to provide a permit may prevent us from completing the work, and charges may still apply.
8. Cancellations
Cancellations made with less than 48 hours’ notice may incur a charge of up to 100% of the total fee.
9. Payment Information
Full payment is required upon completion of the work.
We accept payment via cash, cheque, bank transfer, or credit card.
Deposits are required with hire of external equipment we may need to complete your job. Unless stated otherwise, no payment is required before or during the work. However, full payment is expected upon completion and receipt of our invoice.
Payment details will be provided in the invoice email. Please refer to the PDF attached for our bank details.
10. Additional Information
Scheduled arrival times are approximate. Please allow for some flexibility to account for traffic, tipping, and other potential delays.
