SERVICES TERMS & CONDITIONS

These Services Terms & Conditions (“Service Terms”) apply when you instruct Landscaping Expert Limited (“we”, “us”, “our”) to provide services.

1. Definitions

• Client / you: the person or organisation instructing us.
• Consumer client: an individual acting for purposes wholly or mainly outside their trade, business, craft or profession (typically homeowners).
• Business client: solicitors, insurers, contractors, companies, developers or any client not meeting the definition of Consumer client.
• Services: all consultancy, inspection, reporting, expert witness work, meetings, correspondence, schedules, advisory work and related deliverables.
• Deliverables: any reports, letters, schedules, drawings, photographs, and other outputs we provide.
• Instruction: your written confirmation to proceed (including email) and acceptance of scope and fee basis.

2. Contract formation

A contract is formed when you provide an Instruction, and we accept it or commence Services following your Instruction. If there is any conflict between these Service Terms and a specific proposal/quotation or Terms of Engagement, the proposal/quotation or Terms of Engagement shall prevail only to the extent of the conflict.

3. Scope and exclusions

We will provide the Services described in our proposal/quotation or Terms of Engagement. Unless explicitly agreed, the Services do not include intrusive investigations, laboratory testing, specialist engineering design, legal advice, or services outside our professional competence. Where specialist input is required, we may recommend an appropriate specialist.

4. Site access, information and cooperation

You must provide safe access and all relevant information in a timely manner. We are not responsible for delays, increased cost, or limitation of opinion arising from restricted access or incomplete information.

5. Fees, VAT and expenses

Fees are as set out in our proposal/quotation or Terms of Engagement, plus VAT (where applicable). Expenses including travel, parking, accommodation, specialist equipment, couriering and document production are chargeable unless stated otherwise.

6. Payment terms (Consumer clients vs Business clients)

6.1 Consumer clients (homeowners) – payment in advance

Where you instruct us as a Consumer client, payment is required in advance (including for site visits and reporting). Work will not be scheduled or commenced until cleared funds are received, unless we agree otherwise in writing.

6.2 Business clients (including solicitor instructions) – 30 days

Where you instruct us as a Business client (including solicitor, insurer, contractor or commercial instructions), invoices are payable within 30 days of invoice date unless otherwise agreed in writing.

6.3 Late payment interest

If an invoice is not paid by the due date, we may charge interest on the overdue amount at 8% per annum (equivalent to approximately 0.67% per month), accruing daily from the due date until payment is received in full. We may also charge reasonable costs of recovery.

6.4 Suspension for non-payment

We may suspend Services and withhold Deliverables while any invoice remains overdue.

7. Cancellations, postponements and refunds (site visits / appointments)

Reasonable communication is expected.

• If you cancel a confirmed site visit/appointment with at least 48 hours’ notice, you are entitled to a full refund of the appointment fee (where paid in advance), subject to any non-recoverable third-party costs which will be itemised.
• If you cancel with less than 48 hours’ notice, we may retain the appointment fee (or charge an abortive fee where applicable) to cover reserved time and costs.
• If we need to reschedule due to factors outside our control (including severe weather, illness, access issues), we will offer a rearranged date. If rearrangement is not possible, we will refund pre-paid appointment fees, again subject to any non-recoverable third-party costs.

8. Timescales

Timescales are estimates unless expressly agreed as fixed. Timescales may change due to access, document availability, third-party response times, or court/tribunal timetables.

9. Expert witness and dispute-related services

Where Services relate to a dispute, claim, adjudication, arbitration, tribunal, or court proceedings:

9.1 Overriding duty and independence

If instructed as an expert witness, our overriding duty is to the court/tribunal where applicable. Our opinions are independent and will not be influenced by the instructing party.

9.2 Procedure and format

Where relevant, reports and declarations may be prepared to align with CPR Part 35 and associated practice directions (or other applicable procedural rules), subject to instructions and information available.

9.3 Instructions, assumptions and change of opinion

Our opinions depend on the information available at the time. If new evidence arises, we may revise opinions and/or require additional work (chargeable) to address the new information.

9.4 Conferences, joint meetings and joint statements

Time spent preparing for and attending expert meetings, producing joint statements and related correspondence is chargeable.

9.5 Hearings and retainers

Attendance at hearings (including waiting time and travel) is chargeable. Retainers / advance payments and specific hearing terms will be discussed and agreed in the case-specific Terms of Engagement issued prior to each instruction being accepted.

9.6 No guarantee of outcome

We do not guarantee outcomes in negotiations, mediation, adjudication, arbitration or litigation.

10. Drafts and deliverables

Draft deliverables may be issued for factual checking. Unless agreed otherwise, we are not obliged to provide editable files. Deliverables are limited to the agreed scope and the information available at the time.

11. Reliance and permitted use

Deliverables are prepared solely for the Client named in the Instruction and only for the stated purpose. No third party may rely on any Deliverable without our prior written consent. You may share Deliverables with your professional advisers (e.g., solicitors, counsel, insurers) for the agreed purpose, provided they do not place reliance beyond that purpose.

12. Confidentiality

We will keep confidential information confidential except where disclosure is required by law, a court/tribunal, insurers, our professional advisers, or as reasonably necessary to provide the Services.

13. Data protection

We will process personal data in accordance with our Privacy Policy and UK data protection laws. You confirm you have authority to provide personal data to us where it relates to third parties.

14. Intellectual property

We retain intellectual property rights in our templates, methodologies and pre-existing materials. Upon full payment, you are granted a licence to use the Deliverables for the agreed purpose.

15. Limitation of liability (Services)

Nothing in these Service Terms limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot be limited by law.

Subject to the above, our total aggregate liability arising out of or in connection with the Services (whether in contract, tort, negligence, misrepresentation or otherwise) shall be limited to £12,000.

We shall not be liable for indirect or consequential loss, loss of profit, loss of business, loss of goodwill, or wasted management time.

16. Complaints

If you have a complaint, you should raise it promptly in writing with details. We will investigate and respond within a reasonable time and, where appropriate, propose remedial steps.

17. Termination

Either party may terminate the Services by written notice. On termination, you must pay for work completed to the termination date and any committed/non-recoverable costs. We may withhold Deliverables until sums due are paid.

18. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control (including severe weather, illness, transport disruption, utility outages, or court timetable changes).

19. Entire agreement and variation

These Service Terms together with the relevant proposal/quotation and/or Terms of Engagement form the entire agreement. Any changes must be agreed in writing.

20. Governing law and jurisdiction

These Service Terms are governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction unless agreed otherwise in writing.