TERMS & CONDITIONS

ESSEX LANDSCAPING & PAVING LTD

 

FULL TERMS & CONDITIONS

 

Last Updated: September 2026

 

These Terms & Conditions apply to works undertaken by Essex Landscaping & Paving Ltd (“the Company”, “we”, “us” or “our”).

 

They should be read together with the accepted quotation, scope of works and any project-specific written specifications or variations.

 

Nothing within these Terms & Conditions is intended to restrict or exclude a customer’s statutory rights.

 

 

 

A1. “Company”, “We”, “Us” or “Our”

 

Means Essex Landscaping & Paving Ltd.

 

A2. “Customer”, “Client”, “You” or “Your”

 

Means the person or organisation entering into the Contract with the Company.

 

A3. “Contract”

 

Means the agreement between the Customer and the Company comprising:

 

the accepted quotation;

the scope of works contained within the quotation;

the installation specification contained within the quotation where applicable;

these Terms & Conditions; and

any subsequently agreed written Variations.

 

A4. “Works”

 

Means the labour, materials, services and installation activities specifically included within the accepted quotation.

 

A5. “Quotation”

 

Means the written quotation issued by the Company setting out the price, scope of works and, where applicable, the project-specific installation specification.

 

A6. “Installation Specification”

 

Means the construction method, preparation, materials, depths, build-up, installation details, finishes and other project-specific requirements expressly stated within the accepted quotation.

 

A7. “Variation”

 

Means any addition, omission, alteration or change to the agreed Works after the quotation has been accepted.

 

A8. “Practical Completion”

 

Means the stage at which the contracted Works are substantially complete and capable of being used for their intended purpose, notwithstanding minor snagging or finishing items which do not materially prevent normal use.

 

A9. “Progress Stage”

 

Means the agreed stage of the Works at which the 40% progress payment becomes payable.

 

A10. “Workmanship Guarantee”

 

Means the Company’s 3-year guarantee covering applicable defects resulting directly from the Company’s workmanship, subject to these Terms & Conditions.

B1.

 

A Contract is formed when the Customer accepts our quotation or otherwise confirms in writing that they wish us to proceed, subject to any statutory cancellation rights that apply.

 

B2.

 

By accepting the quotation, the Customer confirms that they have been provided with, or given reasonable access to, these Terms & Conditions.

 

B3.

 

The Contract consists of:

 

The accepted quotation;

The scope of works and Installation Specification stated within the quotation;

These Terms & Conditions; and

Any subsequently agreed written Variations.

 

B4.

 

The Installation Specification contained within the quotation forms part of the Contract and sets out the agreed construction method, materials, preparation, depths, finishes and other project-specific requirements where applicable.

 

B5.

 

Where there is any conflict between these Terms & Conditions and a specific written requirement contained within the accepted quotation, the project-specific requirement stated within the quotation will take priority for that particular item.

 

B6.

 

Verbal discussions may assist in planning the Works, but any material change to the scope, specification, materials, price or construction method should be confirmed in writing wherever reasonably practicable.

 

B7.

 

Emails, text messages, WhatsApp messages and communications through our quotation system may constitute written confirmation.

 

B8.

 

Nothing within the Contract removes or restricts any statutory rights available to a consumer.

C1.

 

Unless otherwise stated, quotations are valid for 90 days from the date of issue.

 

C2.

 

The quotation, including any Installation Specification contained within it, is based upon the information available and the site conditions reasonably visible or disclosed at the time of quotation.

 

C3.

 

Only Works specifically included within the accepted quotation are included within the Contract Price.

 

C4.

 

Unless specifically included, the quotation does not include additional work arising from concealed or unforeseen conditions that could not reasonably have been identified before commencement.

 

These may include:

 

buried concrete or foundations;

old structures;

excessive rubble or made ground;

substantial tree roots;

undocumented underground services;

contaminated materials or soil;

unstable or unsuitable ground;

unexpected groundwater;

abnormal soil conditions;

additional excavation;

additional drainage requirements;

inaccessible areas;

additional waste disposal;

defects within existing structures or bases; or

other concealed obstructions.

 

C5.

 

If unforeseen conditions materially affect the agreed Works, we will explain the issue to the Customer and, wherever reasonably practicable, agree any additional work and price before proceeding.

 

C6.

 

Any additional work requested by the Customer outside the accepted quotation will be treated as a Variation.

 

C7.

 

Where reasonably practicable, the scope and price of a Variation will be agreed in writing before the additional work is undertaken.

 

C8.

 

Where quantities, dimensions or areas are expressly stated as approximate, reasonable price adjustments may be required if the actual quantity or scope materially differs.

 

C9.

 

Work is not automatically included simply because it is adjacent to, underneath, connected with or necessary for another element unless it is included within the agreed scope or Installation Specification.

D1. Holding Deposit

 

A £250 holding deposit is required to secure the agreed start date.

 

The £250 holding deposit will be credited against the total Contract Price.

 

Any amount which may be retained following cancellation will be determined in accordance with Section E and applicable law.

 

D2. Payment Schedule

 

Unless a different payment arrangement is expressly stated within the quotation:

 

£250 Holding Deposit

Payable upon acceptance/booking to secure the agreed start date.

 

35% – Start Payment

Payable on the agreed start date when our team attends site and the Works commence.

 

40% – Progress Payment

Payable when the Works reach the agreed Progress Stage.

 

25% – Final Payment

Payable upon Practical Completion.

 

The £250 holding deposit will be credited against the total Contract Price.

 

D3. Progress Stage

 

The appropriate Progress Stage will depend upon the nature of the project.

 

Where appropriate, the relevant milestone will be identified within the quotation.

 

For example, this may be following substantial completion of excavation, groundwork, sub-base construction or another clearly identifiable stage.

 

D4. Practical Completion

 

Practical Completion occurs when the contracted Works are substantially complete and capable of being used for their intended purpose.

 

Minor snagging or finishing items which do not materially prevent normal use will not ordinarily prevent Practical Completion.

 

D5. Final Payment

 

The final 25% becomes payable upon Practical Completion.

 

Minor snagging items will be dealt with within a reasonable timeframe but will not ordinarily justify withholding the entire final balance.

 

Nothing within this clause affects the Customer’s statutory rights concerning defective or incomplete work.

 

D6. Disputed Amounts

 

Where the Customer genuinely disputes part of an invoice, the Customer should notify us promptly and explain the reason.

 

Any undisputed amount remains payable.

 

D7. Late Payments

 

Where a properly due payment remains unpaid, we may provide written notice requesting payment.

 

If payment remains outstanding following reasonable notice, we may suspend the Works until the account is brought up to date.

 

Any resulting delay may affect the original programme or completion date.

E1.

 

Consumers may have statutory cancellation rights depending upon how and where the Contract was entered into.

 

E2.

 

Nothing within these Terms & Conditions removes or restricts those statutory rights.

 

E3.

 

Where the Customer expressly requests that we commence Works during an applicable statutory cancellation period, the Customer may be required to pay for Works properly undertaken up to the point of lawful cancellation, where permitted by law.

 

E4.

 

Where the Customer cancels after any applicable statutory cancellation period has expired, we may recover reasonable losses and costs directly resulting from the cancellation.

 

These may include:

 

• work already completed;

• labour already provided;

• non-returnable materials;

• bespoke or specially ordered products;

• supplier cancellation or restocking charges;

• plant or machinery commitments;

• delivery charges;

• waste charges; and

• other reasonable unavoidable losses.

 

E5.

 

We will take reasonable steps to minimise avoidable losses.

 

E6.

 

Cancellation charges are intended to compensate for reasonable losses rather than operate as a penalty.

 

E7.

 

If we cancel the Contract for reasons not caused by the Customer and cannot provide a reasonable alternative arrangement acceptable to the Customer, sums paid for Works not supplied will be refunded as appropriate.

F1.

 

Start dates and anticipated completion dates are given in good faith.

 

F2.

 

External construction and landscaping works may be affected by:

 

• rain;

• frost;

• snow;

• excessive heat;

• storms;

• saturated or frozen ground;

• supplier delays;

• material shortages;

• delivery problems;

• machinery breakdown;

• access restrictions;

• utility issues;

• Customer-requested changes;

• Customer delays;

• third-party contractors;

• unforeseen ground conditions; and

• other circumstances outside our reasonable control.

 

F3.

 

Reasonable delays caused by circumstances outside our reasonable control will not constitute a breach of Contract.

 

F4.

 

Where work has to be temporarily suspended, labour, machinery or subcontractors may need to be allocated elsewhere.

 

F5.

 

We will resume the Works within a reasonable period once circumstances permit, subject to labour, material and plant availability and existing commitments.

 

F6.

 

Where delay is caused by the Customer or circumstances for which the Customer is responsible, reasonable additional costs directly resulting from the delay may be chargeable.

G1.

 

The Customer must inform us of known underground or concealed services including:

 

• electricity;

• gas;

• water;

• drainage;

• telecommunications;

• irrigation;

• private cables or pipes;

• oil tanks;

• septic systems; and

• other underground installations.

 

G2.

 

We will take reasonable care when excavating and working around known services.

 

G3.

 

Neither party can guarantee the location of every undocumented, incorrectly positioned or concealed private service.

 

G4.

 

We will not be responsible for damage caused solely by a concealed service that could not reasonably have been identified, provided we exercised reasonable care and skill.

 

G5.

 

The Customer must provide reasonable access necessary to carry out the Works.

 

G6.

 

Restricted access, narrow passageways, steps, long manual transport distances or inability to use machinery can materially increase labour and plant requirements.

 

Where these conditions were not reasonably apparent or disclosed at quotation stage, additional costs may be agreed.

 

G7.

 

We may suspend work where continuing would create a material health and safety risk.

 

G8.

 

Excavation may reveal unforeseen conditions including:

 

• clay;

• made ground;

• soft ground;

• buried structures;

• concrete;

• roots;

• groundwater;

• unsuitable fill; or

• unstable ground.

 

Where additional work is reasonably required, it will be dealt with as a Variation.

H1.

 

Natural landscaping products inherently vary.

 

Stone, timber, aggregates, bricks and similar products may vary in:

 

• colour;

• shade;

• grain;

• texture;

• thickness;

• dimensions;

• pattern;

• porosity;

• markings; and

• surface characteristics.

 

Reasonable natural variation is not defective workmanship.

 

H2.

 

Natural stone may contain fossils, veining, mineral deposits and natural markings.

 

H3.

 

Timber may naturally shrink, expand, twist, warp, split, check, fade or change colour.

 

Reasonable natural timber movement is not a workmanship defect.

 

H4.

 

Efflorescence can naturally occur in bricks, blocks, paving, concrete and mortar and is not by itself evidence of defective workmanship.

 

H5.

 

Manufactured products may display reasonable shade, dimensional or batch variations within manufacturer tolerances.

 

H6.

 

Where new materials are matched to existing materials, an exact match cannot be guaranteed due to weathering, age, manufacturing changes and availability.

 

H7.

 

Samples, photographs, brochures and digital images are illustrative and reasonable differences in appearance may occur.

 

H8. Construction Tolerances

 

External landscaping is constructed within existing real-world site conditions.

 

Existing buildings, walls, boundaries and surfaces may not be perfectly square, straight or level.

 

Minor reasonable variations in:

 

• lines;

• levels;

• falls;

• joint widths;

• cuts;

• alignment;

• texture;

• colour; and

• finish

 

do not automatically constitute defective workmanship.

 

This does not excuse workmanship falling below the agreed specification or legally required standard.

I1.

 

The Customer must, where reasonably required:

 

• provide reasonable access;

• provide access to water and electricity unless otherwise agreed;

• remove personal belongings and movable obstructions;

• keep children and pets away from active work areas;

• disclose known underground services;

• obtain permissions they have agreed to obtain;

• follow reasonable aftercare instructions;

• maintain drainage systems; and

• notify us promptly of concerns.

 

I2.

 

Landscaping installations require ongoing maintenance.

 

I3.

 

Unless a separate maintenance service has been included within the quotation, ongoing maintenance after completion is the Customer’s responsibility.

 

I4.

 

Where third-party work subsequently damages, alters or interferes with our Works, the Workmanship Guarantee will not cover defects caused or materially contributed to by that third-party work.

 

Third-party work does not automatically invalidate the guarantee for unrelated areas.

 

I5.

 

Failure caused by misuse, neglect or failure to undertake reasonably required maintenance is not a workmanship defect.

J1.

 

Subject to these Terms & Conditions, applicable workmanship undertaken by Essex Landscaping & Paving Ltd is guaranteed for 3 years from Practical Completion.

 

J2.

 

The guarantee covers defects resulting directly from our workmanship.

 

J3.

 

The guarantee does not mean that every product, natural material, living product or external ground condition is guaranteed for three years.

 

J4.

 

Manufacturer warranties remain subject to the manufacturer’s own terms.

 

J5. Reporting Snagging

 

Customers should notify us of visible snagging items as soon as reasonably practicable following completion, preferably within 7 days.

 

The 7-day period does not remove statutory rights or the 3-year Workmanship Guarantee.

 

J6. Warranty Claims

 

Where a potential workmanship defect becomes apparent, the Customer should notify us promptly and provide reasonable information and photographs where possible.

 

J7.

 

We must be given a reasonable opportunity to inspect the alleged defect.

 

J8.

 

Where the problem is our responsibility, we will have a reasonable opportunity to undertake appropriate remedial work.

 

J9.

 

The Customer should not instruct a third party to undertake remedial work and subsequently seek reimbursement without first giving us a reasonable opportunity to inspect and, where appropriate, rectify the issue.

 

This does not apply where urgent action is reasonably necessary to prevent further damage or address a safety issue.

The Workmanship Guarantee does not cover damage or failure caused solely by matters outside our workmanship, including:

 

• normal wear and tear;

• natural weathering;

• misuse;

• accidental damage;

• inadequate maintenance;

• failure to follow aftercare instructions;

• third-party works;

• abnormal loading;

• vehicle loading beyond the intended design;

• vandalism;

• pets or wildlife;

• inappropriate chemicals;

• inappropriate pressure washing;

• exceptional weather;

• flooding outside reasonable design assumptions;

• tree-root activity;

• structural movement outside our Works;

• subsidence;

• heave;

• natural soil movement;

• shrinkable clay movement;

• manufacturer defects;

• defects in Customer-supplied products;

• defects in existing structures or bases not constructed by us;

• natural stone or timber characteristics;

• efflorescence;

• living or perishable products except where expressly guaranteed; or

• subsequent alteration by another contractor.

 

These exclusions do not apply where the underlying failure was caused by our failure to carry out the Works with reasonable care and skill or in accordance with the agreed Installation Specification.

The following conditions apply according to the type of Works included within the accepted quotation.

 

Where a project contains more than one type of work, each relevant subsection of Section L applies to the corresponding element of the Works.

 

The scope of works and Installation Specification contained within the accepted quotation determine the construction method, excavation depth, sub-base depth, materials, bedding system, drainage arrangements and other project-specific requirements.

 

Where the accepted quotation contains a specific Installation Specification, that specification forms part of the Contract.

 

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L1 — PORCELAIN PATIOS & PAVING

 

The construction method for porcelain paving, including excavation, membrane where applicable, sub-base construction, bedding system, bonding primer, jointing, falls, drainage, edge restraints and movement detailing, will be stated within the accepted quotation.

 

Our standard porcelain quotation specification may provide for a minimum 225 mm compacted MOT Type 1 sub-base, with greater depths or alternative construction specified where ground conditions, intended loading or other site circumstances require it.

 

Sub-base material will be compacted in appropriate layers rather than treated as one uncompacted overall depth.

 

Porcelain paving will normally be installed on a full mortar bedding system with an appropriate bonding/slurry primer applied to the underside of the paving.

 

Porcelain is a manufactured product. Reasonable differences in shade, dimensions, texture, pattern and appearance may occur between individual tiles and manufacturing batches.

 

External paving is subject to environmental and ground movement. This is particularly relevant in areas containing shrinkable clay, where ground volume can change as moisture conditions vary.

 

A substantial and correctly constructed sub-base is intended to reduce the effects of ground movement but cannot guarantee that all natural or abnormal movement will be eliminated.

 

Movement, cracking, joint failure or separation caused solely by abnormal ground movement, subsidence, heave, tree-root activity, movement of neighbouring structures or other circumstances outside our Works is not automatically a workmanship defect.

 

Where movement joints, perimeter gaps, drainage channels or other movement detailing are included within the Installation Specification, they must not subsequently be filled, bridged, removed or altered in a manner that prevents them functioning as intended.

 

Damage caused by such subsequent alteration is excluded where unrelated to our workmanship.

 

Where failure results from our Works not complying with the Installation Specification contained within the accepted quotation, or from a failure to exercise reasonable care and skill, the applicable Workmanship Guarantee remains in force.

 

Jointing & Minor Movement

External porcelain paving is exposed to changes in temperature, moisture and natural ground conditions. As a result, minor localised hairline cracking or separation can occasionally develop within the jointing material over time.

 

Minor cosmetic separation within a joint, where the paving remains securely bonded, stable and serviceable and there is no evidence of failure of the underlying installation, will not by itself be considered evidence of defective workmanship.

 

Significant or progressive joint failure, widespread separation, loose or moving paving, or joint failure resulting from defective installation will be assessed under the applicable Workmanship Guarantee.

 

Where movement or perimeter joints have been incorporated into the Installation Specification, these must be maintained and must not subsequently be filled, bridged or altered in a way that restricts their intended movement.

​

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L2 — NATURAL STONE & SANDSTONE PATIOS

 

The applicable excavation, sub-base, bedding, bonding, drainage, falls, edge restraint and jointing specification will be stated within the accepted quotation.

 

Our standard natural stone/sandstone quotation specification may provide for a minimum 150 mm compacted MOT Type 1 sub-base, with increased depths or alternative construction where site or ground conditions require it.

 

Natural stone will normally be installed on an appropriate full mortar bedding system.

 

Where appropriate for the selected product, the underside of the paving will be treated with a suitable bonding/slurry primer.

 

Natural stone is not a uniform manufactured product.

 

Reasonable variations may occur in:

 

• colour;

• shade;

• thickness;

• texture;

• surface finish;

• fossils;

• veining;

• mineral markings;

• pattern;

• dimensions; and

• natural edges.

 

These are inherent characteristics and are not normally defects.

 

Natural stone will weather and may change colour and appearance after installation.

 

Some stone may develop natural surface markings, staining or mineral deposits depending upon the stone, environment and maintenance.

 

Damage resulting solely from abnormal ground movement, subsidence, heave, tree-root activity or movement of structures outside our Works is excluded where unrelated to our workmanship.

 

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L3 — BLOCK PAVED DRIVEWAYS & PAVING

 

The Installation Specification contained within the quotation will state the relevant excavation, sub-base, laying course, block type, edge restraints, drainage and other construction requirements.

 

The construction depth may vary depending upon the intended use, existing ground and anticipated vehicle loading.

 

Block paving is a flexible paving system and some minor bedding-in or settlement may occur during its service life.

 

Jointing sand is an important part of a block paved installation and may require periodic replenishment following weathering, cleaning or pressure washing.

 

The Customer is responsible for maintaining appropriate jointing sand levels after completion.

 

Weed growth within block paving does not by itself indicate defective installation. Airborne seeds can germinate within organic material deposited in joints.

 

Tyre marks, oil, fuel, rust, chemicals and other contaminants can stain paving and are not workmanship defects.

 

Damage caused by vehicles or loads materially exceeding the intended design of the driveway is excluded where unrelated to our workmanship.

 

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L4 — RESIN-BOUND DRIVEWAYS & SURFACING

 

The accepted quotation will identify whether the resin-bound surface is being constructed as a complete new installation or applied to a suitable existing base.

 

The Installation Specification will state the relevant preparation, base construction and resin system where applicable.

 

Resin aggregate is a decorative product and reasonable variation in natural aggregate colour and appearance may occur.

 

Slight variations may also occur between separate batches.

 

Where resin is installed over an existing base that we did not construct, the Customer acknowledges that movement, cracking or structural failure originating solely from the pre-existing base is outside our workmanship.

 

We will not knowingly install resin over a base we consider unsuitable without discussing the issue with the Customer.

 

Resin surfaces should be maintained appropriately and kept reasonably clean.

 

Damage caused by oil, solvents, chemicals, excessive loading, sharp objects, third-party works, misuse or structural movement unrelated to our installation is excluded from the Workmanship Guarantee.

 

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L5 — GRAVEL DRIVEWAYS & DECORATIVE AGGREGATE AREAS

 

The quotation will state the relevant excavation, sub-base, membrane, gravel grid where applicable, edging and decorative aggregate specification.

 

Loose gravel naturally migrates through vehicle and pedestrian use and will require periodic raking and redistribution.

 

Some loss of aggregate over time is normal and topping-up may eventually be required.

 

Weed growth can occur from airborne seeds and organic material deposited above a membrane and does not automatically indicate membrane failure.

 

Decorative stone is a natural product and colour, size and shape variations are normal.

 

Wheel movement, turning vehicles and braking can naturally disturb loose aggregate.

 

⸻

 

L6 — TARMAC DRIVEWAYS & SURFACING

 

The quotation will identify whether the Works comprise a new tarmac construction, resurfacing or an overlay to an existing surface.

 

Where tarmac is installed over an existing base or concrete surface not constructed by us, movement or cracking originating solely from that existing structure cannot be guaranteed against.

 

Existing cracks or joints can potentially reflect through a subsequent overlay.

 

Tarmac appearance and texture may vary slightly due to aggregate, laying conditions, temperature and normal construction methods.

 

Minor surface marks immediately following installation may reduce as the surface beds in.

 

Oil, fuel, solvents, heavy point loads, vehicle stands and sharp objects can damage tarmac.

 

The surface should not be subjected to inappropriate loading during its initial curing period.

 

⸻

 

L7 — IMPRINTED CONCRETE & STANDARD CONCRETE WORKS

 

The quotation will state the applicable excavation, base preparation, reinforcement where specified, concrete construction, finish and drainage arrangements.

 

Concrete naturally undergoes curing, shrinkage and thermal expansion/contraction.

 

Even correctly constructed external concrete can develop minor non-structural hairline or shrinkage cracks.

 

Such cracking does not automatically indicate structural failure or defective workmanship.

 

Reasonable variation in colour, texture and curing appearance may occur.

 

For patterned/imprinted concrete, variations in colour, antiquing effect and pattern appearance are inherent to the process.

 

Where sealers are used, they will naturally wear and may require periodic reapplication.

 

Structural failure caused by defective preparation or installation by us remains subject to the Workmanship Guarantee.

 

⸻

 

L8 — ARTIFICIAL GRASS

 

The quotation will state the relevant excavation, base preparation, edging, drainage layer where applicable and artificial grass product.

 

Artificial grass has a pile direction and may appear lighter or darker depending upon the viewing direction and available light.

 

New artificial grass can initially appear flattened as a result of storage and transportation and may require time and brushing for the pile to settle.

 

Joins may remain slightly visible depending upon lighting, viewing angle, product and installation layout.

 

Artificial grass requires routine maintenance including brushing and removal of leaves and organic debris.

 

Damage caused by barbecues, cigarettes, fire pits, excessive heat, reflective heat from glazing, chemicals, sharp objects, pets, misuse or third-party works is excluded where unrelated to our workmanship.

 

⸻

 

L9 — NATURAL TURF, LAWNS & GRASS SEED

 

Turf and grass seed are living and perishable products.

 

The quotation will state the applicable ground preparation and whether the area is to be turfed or seeded.

 

Successful establishment depends upon appropriate watering, weather, temperature, soil conditions, mowing, feeding, drainage and ongoing Customer care.

 

New turf requires substantial and consistent watering during establishment.

 

Once installed, the Customer is responsible for following the aftercare and watering instructions provided unless a separate maintenance/establishment service has been purchased.

 

We cannot guarantee continued survival, colour or establishment where deterioration results from:

 

• insufficient watering;

• excessive watering;

• drought;

• extreme heat;

• frost;

• disease;

• pests;

• pets;

• wildlife;

• inappropriate mowing;

• excessive foot traffic;

• chemical treatment;

• waterlogging; or

• other circumstances outside our workmanship.

 

Some initial settlement and minor unevenness can occur as newly prepared soil naturally consolidates.

 

Defective preparation or installation directly attributable to our workmanship remains covered by the applicable Workmanship Guarantee.

 

⸻

 

L10 — FENCING, GATES & TIMBER BOUNDARIES

 

The quotation will identify the fencing type, approximate finished height, posts, gravel boards, panels, gates and other relevant construction details.

 

Timber is a natural material and will respond to changes in moisture and temperature.

 

It may naturally:

 

• shrink;

• swell;

• twist;

• bow;

• split;

• check;

• warp;

• fade; and

• weather.

 

Reasonable natural timber movement is not defective workmanship.

 

Small gaps may develop as timber dries.

 

Timber colour will naturally change over time unless appropriately maintained.

 

Fencing is subject to wind loading. Damage caused by exceptional storms, impact, misuse, neighbouring works or circumstances outside our installation is excluded where unrelated to our workmanship.

 

Gates may occasionally require adjustment as timber and ground conditions change.

 

⸻

 

L11 — BRICK WALLS, BLOCKWORK & RETAINING WALLS

 

The quotation will identify the wall construction, foundations where included, brick/block type, finish, coping and other relevant details.

 

Brick and block products can display natural or manufacturing variations in colour, dimensions and texture.

 

Mortar colour can also vary during curing.

 

Efflorescence is a naturally occurring deposit that can appear on masonry and does not by itself indicate defective workmanship.

 

Minor non-structural shrinkage or thermal cracking can occur.

 

Where new masonry connects to an existing wall, building, foundation or other structure not constructed by us, movement originating solely from the existing structure is outside our workmanship.

 

Where a wall is specifically designed to retain ground, the quotation should identify the applicable retaining-wall construction.

 

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L12 — TIMBER & COMPOSITE DECKING

 

The quotation will identify the decking product, supporting structure and relevant construction details.

 

Timber decking naturally expands, contracts, checks, splits and changes colour as it responds to moisture and weather.

 

Composite decking may experience thermal expansion and contraction in accordance with manufacturer tolerances.

 

Minor differences in board colour or grain can occur.

 

Decking requires ongoing cleaning and maintenance.

 

Timber decking may require periodic protective treatment.

 

The Customer should avoid allowing algae, leaves and other organic material to accumulate because this can make surfaces slippery.

 

Damage caused by inappropriate loading, heat, chemicals, third parties or failure to undertake reasonable maintenance is excluded where unrelated to our workmanship.

 

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L13 — TIMBER PERGOLAS & OUTDOOR STRUCTURES

 

The quotation will specify the structure being supplied and its principal construction.

 

Timber pergolas and structures are subject to the natural timber characteristics described elsewhere within these Terms.

 

Unless expressly stated within the quotation, a pergola should not be assumed to be a fully waterproof building.

 

Where a roof covering is included, its type and intended function will be identified within the quotation.

 

Movement caused solely by natural timber shrinkage within reasonable tolerances is not defective workmanship.

 

The Customer remains responsible for any planning permission, Building Regulations approval or other permission unless obtaining it is expressly included within our scope.

 

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L14 — ALUMINIUM PERGOLAS & MANUFACTURED OUTDOOR STRUCTURES

 

Aluminium pergolas and other manufactured structures are subject to the manufacturer’s specifications, tolerances and product warranty.

 

The quotation will identify the product and installation included.

 

Motorised roofs, blinds, lighting and other electrical/mechanical components are subject to the relevant manufacturer’s warranty in addition to our applicable installation workmanship guarantee.

 

Minor movement, operational noise, drainage discharge or thermal expansion within manufacturer tolerances is not a workmanship defect.

 

The Customer must follow manufacturer maintenance and operating requirements.

 

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L15 — OUTDOOR KITCHENS, FIRE PITS & BUILT-IN FEATURES

 

The quotation will identify the structure, finishes, appliances and services included within our Works.

 

Gas, electrical and other regulated connections must be undertaken by appropriately competent persons where legally required.

 

Appliances and manufactured products are subject to their manufacturer’s warranties.

 

Natural and manufactured worktops may weather, stain or change appearance depending upon material and maintenance.

 

Outdoor kitchens and associated components must be protected and maintained in accordance with the relevant product requirements.

 

Damage caused by excessive heat, misuse, frost, chemicals or failure to maintain the installation is excluded where unrelated to our workmanship.

 

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L16 — WATER FEATURES

 

The quotation will identify the water feature and equipment included.

 

Pumps, lighting and manufactured components are subject to applicable manufacturer warranties.

 

Water features require ongoing maintenance, cleaning and water management.

 

Algae, mineral deposits and changes in water clarity are normal maintenance matters and are not workmanship defects.

 

The Customer is responsible for protecting the system against frost and maintaining water levels unless a maintenance service is included.

 

Water loss caused by evaporation or splash is normal.

 

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L17 — GARDEN LIGHTING & ELECTRICAL FEATURES

 

The quotation will identify the lighting and electrical Works included.

 

Electrical work requiring regulated electrical competence will be carried out by an appropriately competent person where required.

 

Light fittings, transformers, controls, smart systems and other manufactured components remain subject to their respective manufacturer warranties.

 

The Customer should not alter wiring, transformers or electrical components following installation except through a suitably competent person.

 

Failures caused by third-party alteration, accidental damage, water ingress resulting from subsequent landscaping changes or manufacturer defects are excluded from our workmanship guarantee where unrelated to our installation.

 

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L18 — GARDEN SCULPTURES & DECORATIVE FEATURES

 

The quotation will identify the decorative feature and any foundation, fixing or installation included.

 

Natural stone, metal, timber and other decorative materials will weather according to their material characteristics.

 

Metal products may oxidise, patinate or change appearance where this is a natural characteristic of the product.

 

We are responsible for the installation included within our quotation but not for inherent product characteristics or manufacturer defects outside our workmanship.

 

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L19 — EXCAVATION, GROUNDWORKS & GARDEN LEVELLING

 

Groundworks are particularly dependent upon conditions concealed below ground level.

 

The quotation is based upon the ground conditions reasonably apparent or known when pricing the Works.

 

Excavation may reveal:

 

• buried concrete;

• old foundations;

• rubble;

• made ground;

• roots;

• groundwater;

• clay;

• unstable soil;

• contaminated material;

• underground structures; or

• undocumented services.

 

Where such conditions materially alter the required Works, they may constitute a Variation.

 

Garden levelling can change existing surface-water flow. Where drainage alterations are required as a consequence, these will only be included where stated within the quotation or subsequently agreed.

 

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L20 — DRAINAGE, CHANNELS & SOAKAWAYS

 

The quotation will identify the drainage Works included, which may include channels, gullies, pipework, soakaways or other drainage components.

 

Drainage performance depends upon factors including:

 

• rainfall intensity;

• soil permeability;

• groundwater;

• existing drainage infrastructure;

• neighbouring land;

• downstream restrictions;

• maintenance; and

• changing environmental conditions.

 

Where a soakaway is installed, its effectiveness depends substantially upon the permeability and condition of the surrounding ground.

 

Unless specialist infiltration testing or drainage design is expressly included within the quotation, the drainage solution is based upon the site information reasonably available to us and the agreed scope.

 

No external drainage system can reasonably be interpreted as guaranteeing that standing water or flooding will never occur under every rainfall event.

 

The Customer is responsible for keeping channels, gullies and outlets clear of leaves, soil and debris after completion.

 

Blockages resulting from lack of maintenance are not workmanship defects.

 

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L21 — PLANTS, TREES, SHRUBS & HEDGING

 

Plants, trees, shrubs and hedging are living and perishable products.

 

The quotation will identify the planting included and any establishment or maintenance service purchased.

 

Plant survival depends upon:

 

• watering;

• soil;

• drainage;

• weather;

• temperature;

• frost;

• drought;

• pests;

• disease;

• animals;

• pruning; and

• ongoing care.

 

Unless a specific written establishment/plant guarantee or maintenance package is included within the quotation, continued survival cannot be guaranteed where deterioration is caused by circumstances outside our workmanship.

 

The Customer is responsible for appropriate watering and maintenance after installation unless otherwise agreed.

 

Seasonal changes, leaf loss, dormancy and reasonable differences in plant size or shape are natural characteristics and are not defects.

 

This does not affect statutory rights regarding the quality and condition of plants when originally supplied.

 

​

 

L22 — FULL GARDEN MAKEOVERS & MULTI-SERVICE PROJECTS

 

Full garden makeovers frequently incorporate several different types of Works.

 

Each relevant subsection of these Service-Specific Conditions applies individually to the corresponding part of the project.

 

For example, a project containing porcelain paving, natural turf, fencing, a pergola and drainage will be subject to the relevant conditions applying to each of those elements.

 

The accepted quotation will identify the scope of the overall project and the Installation Specifications applicable to the individual elements.

 

Changes requested during a garden makeover may affect other elements of the project, including levels, drainage, materials, programme and cost.

 

Any material change to the agreed Works will be dealt with as a Variation in accordance with these Terms & Conditions.

M1.

 

Nothing within these Terms excludes or restricts liability where doing so would be unlawful.

 

M2.

 

We remain responsible for carrying out our services with reasonable care and skill.

 

M3.

 

Nothing within these Terms excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability which cannot legally be excluded.

 

M4.

 

We are not responsible for loss or damage caused solely by matters outside our reasonable control and unrelated to any breach by us.

 

M5.

 

Where the Customer is acting as a consumer, nothing within these Terms restricts any statutory remedy or compensation to which the Customer is legally entitled.

N1.

 

If the Customer has concerns regarding the Works, they should notify us as soon as reasonably practicable.

 

N2.

 

Where possible, concerns should be submitted in writing together with photographs or other relevant information.

 

N3.

 

We must be given a reasonable opportunity to inspect the alleged issue.

 

N4.

 

Where an issue is found to be our responsibility, we will propose and undertake appropriate remedial action within a reasonable timeframe.

 

N5.

 

Minor visible snagging should preferably be reported within 7 days of Practical Completion so that it can be addressed efficiently.

 

This does not remove statutory rights or the Workmanship Guarantee.

 

N6.

 

Both parties should make reasonable efforts to resolve a dispute directly before commencing formal legal proceedings.

 

N7.

 

Where appropriate, the parties may agree to obtain an independent expert opinion, mediation or another appropriate form of alternative dispute resolution.

 

N8.

 

Nothing within this section prevents either party from exercising their legal rights.

O1.

 

The Contract and these Terms & Conditions are governed by the laws of England and Wales.

 

O2.

 

Nothing within these Terms removes any mandatory consumer rights concerning where legal proceedings may be brought.

 

O3.

 

If any provision is found to be unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

 

O4.

 

Failure by either party to immediately enforce a contractual right does not automatically mean that right has been waived.

 

​

By accepting an Essex Landscaping & Paving Ltd quotation, the Customer confirms that they have been provided with, or given access to, these Terms & Conditions and agrees that they form part of the Contract.

 

The scope of works and Installation Specification contained within the accepted quotation form part of the Contract and establish the project-specific works and construction specification agreed between the Customer and Essex Landscaping & Paving Ltd.

 

Nothing within these Terms & Conditions affects the Customer’s statutory rights.

 

Essex Landscaping & Paving Ltd

www.essexlandscapingandpaving.com

 

© Essex Landscaping & Paving Ltd — September 2026