Maybury Landscaping — Terms & Conditions

Version: v1.0 — Last updated: 21 August 2025

1) About Us

Trading name: Maybury Landscaping (“we”, “us”, “our”)
Legal entity: Maybury Scotland Limited
Registered number: SC797946
Registered office: 4 Redheughs Rigg, Edinburgh, EH12 9DQ
Trading address: Unit 1A Old Russels Yard, Alloa, FK10 4DA
VAT number: 472213317
Contact: info@mayburylandscaping.co.uk • 0800 644 0131

2) Definitions

Client / you — the person, company or body who accepts our quotation.
Works — the services and/or supply of materials described in our quotation.
Site — the address where the Works are carried out.
Quotation — our written price and scope proposal, including any drawings/specifications.
Contract — the agreement formed when you accept our Quotation (see §3) and these T&Cs.

3) Quotations & Contract Formation

3.1. Quotations are valid for 30 days unless stated otherwise.
3.2. A Contract is formed when you accept in writing (email is sufficient) and pay any requested booking deposit.
3.3. Quotations are based on information available at survey time and exclude unforeseen conditions (see §10).
3.4. Any drawings, samples, mood boards or specifications we provide remain our intellectual property until paid for in full (see §20).

4) Surveys, Underground Services & Information

4.1. You must inform us of known underground services (gas, electric, telecoms, water, drainage, heating pipes, soakaways) and provide available drawings.
4.2. We will take reasonable care and use appropriate locating methods (e.g., visual checks, trial holes). Unless expressly included, a PAS 128 utility survey is not part of our price.
4.3. We are not responsible for damage to unknown or unmarked services that could not reasonably be foreseen. Remedial costs and delays caused by such discoveries are chargeable (see §10, §12).

5) Permissions, Consents & Standards

5.1. Unless our Quotation states otherwise, you are responsible for obtaining permissions (e.g., planning, permits, wayleaves, neighbour consents).
5.2. Driveways and drainage will be designed/installed to relevant British Standards and manufacturer guidance as applicable (e.g., BS 7533 series for paving systems; Building Regulations drainage requirements), in line with reasonable industry tolerances.
5.3. Where Sustainable Drainage Systems (SuDS) are required, this will be stated in the Quotation. Additional design, consent and materials are chargeable if not previously included.

6) Price, Variations & Provisional Sums

6.1. The Contract price is as per our accepted Quotation.
6.2. Variations (client-requested changes; unforeseen extra work; specification changes) will be priced and agreed in writing before implementation where practical. To request changes, please email info@mayburylandscaping.co.uk.
6.3. Provisional Sums are estimates for undefined items; they will be adjusted to actual cost plus agreed overhead/profit.
6.4. Material price volatility: if supplier prices increase by more than 5% between Quotation and order, we may adjust the Contract sum upon evidence from suppliers.

7) Payment Terms

7.1. Deposit (Stage 1): 30% within 7 days of accepting our quotation to secure your installation slot. After 7 days we cannot reserve the slot.
7.2. Stage 2 payment: 30% immediately after completion of groundworks.
7.3. Final payment (Stage 3): 40% upon Practical Completion of the project.
7.4. Invoices & due dates: Unless stated otherwise, stage invoices are due on receipt. Late payments accrue interest at 4% above the Bank of England base rate from due date until paid. We may suspend Works for non-payment.
7.5. Third-party specialists: Payments relating to third-party specialists engaged for the project are due upon completion of their specific scope.
7.6. Deposit refunds & cancellations: Deposits are refundable upon request, less costs incurred for plant, materials and services already committed or supplied. An itemised breakdown will be provided on request. Refunds are processed within 14 days. If you cancel a project, we may withhold a reasonable portion of the deposit to cover incurred/committed costs; any balance will be returned within 14 days. This is in addition to your statutory rights in §21.
7.7. Title & risk: Title to materials passes only upon full payment; risk passes on delivery to Site.
7.8. Special orders: We may request upfront payment for special-order or non-returnable items.

8) Programme, Access & Site Conditions

8.1. Start and finish dates are estimated and may change due to weather, supplier issues, or preceding trades.
8.2. You must provide clear vehicular access, parking permits if required, and a safe working environment. Time lost due to restricted access is chargeable.
8.3. You must provide water and electricity at no cost unless stated otherwise.
8.4. We will take reasonable steps to protect the Site but are not liable for minor scuffing/indentation from plant on soft ground where protection was declined or impracticable.

9) Materials, Samples & Tolerances

9.1. Natural products vary in colour, shade, veining and texture; such variation is not a defect.
9.2. Manufactured items may differ slightly from samples due to batch variation; we will use reasonable efforts to match within supplier tolerances.
9.3. Efflorescence, early-age weathering, colour changes and surface patina are common in concrete and natural stone and typically diminish over time.
9.4. Grout/jointing compounds and kiln-dried sand require routine maintenance and may be affected by ground movement, thermal expansion, water exposure, frost, chemicals and biological growth. Top-ups and maintenance are the client’s responsibility unless expressly included.
9.5. Cut tile/stone edges: minor chips from cutting are sometimes unavoidable; we will dress/buff where reasonable. If replacement is requested for cosmetic chips, this is chargeable.
9.6. Curing: jointing grouts can take up to 28 days to fully cure; limit water exposure and avoid pressure-washing during this period.
9.7. Avoid aggressive chemicals and uncontrolled pressure-washing which may mark, etch or dislodge joints; damage from such use is excluded.
9.8. We install with appropriate falls and tolerances for drainage and levelness consistent with industry practice.

10) Unforeseen Ground Conditions & Hazardous Materials

10.1. If we discover adverse conditions (e.g., soft spots, buried waste, asbestos, contamination, uncharted services, groundwater), we will notify you and propose a Variation.
10.2. Works will pause until instructions and costs are agreed. Additional time and cost will be charged at agreed rates.
10.3. Asbestos/contaminants will be handled only by licensed specialists; we can arrange this at additional cost.

11) Waste Management & Recycling

11.1. Our price includes removal of spoil and waste only as specified. Extra arisings caused by client changes or unforeseen conditions are chargeable.
11.2. We will segregate and recycle where reasonably practicable.
11.3. Third-party deliveries: We accept no liability for damage caused by suppliers during deliveries; the supplier will be held accountable for necessary repairs or replacement. We will assist you in liaising with the supplier.

12) Weather, Delays & Force Majeure

12.1. Adverse weather may delay activities such as concrete, paving, resin, planting, and coatings.
12.2. We are not liable for delays beyond our control (e.g., extreme weather, supplier failures, strikes, epidemics, transport issues) — see Force Majeure (§25).
12.3. We will re-programme activities as soon as practicable; standby/return visits may be chargeable where mobilisations are aborted due to conditions outside our control.

13) Practical Completion, Snagging & Handover

13.1. Practical Completion occurs when the Works are substantially complete and usable, with only minor snags remaining.
13.2. We will prepare a snag list (or agree yours) and complete reasonable items within a fair period.
13.3. Final payment is due at Practical Completion; retention is not applicable unless expressly agreed.

14) Warranties & Aftercare

14.1. We provide a Lifetime Workmanship Guarantee on our installation work, subject to the exclusions below and proper aftercare. Manufacturer product warranties apply as per their terms.
14.2. Exclusions (non-exhaustive):
1) Damage or deterioration caused by weather (frost, sun, drought, floods, severe storms).
2) Damage caused by negligence, misuse, or improper maintenance by the customer.
3) Alterations, modifications, or repairs made by anyone other than Maybury Landscaping without our written consent.
4) Damage caused by pests, insects, or wildlife.
5) Damage caused by vandalism, accidents, or intentional acts.
6) Normal wear and tear.
7) Issues arising from changes in soil conditions, drainage, or other external factors beyond our control.
8) Issues caused by failure of other structures or utilities nearby.
9) Failure to follow care and maintenance instructions we provide.
10) Failure to promptly notify us of problems or concerns.
11) Impurities/natural phenomena such as iron staining, rust, efflorescence, mould or mildew.
12) Damage caused by chemicals or pressure-washing/pressure control equipment.
14.3. Timber: may twist, check or split as moisture content changes; treat/maintain per guidance.
14.4. Paving & driveways: minor settlement and hairline cracking can occur due to subgrade movement and is not necessarily a defect.
14.5. Warranty is void if third parties alter our Works without consent or if payments are outstanding.

15) Plants, Turf & Establishment

15.1. We select nursery-grade stock; however, losses can occur due to weather, pests, or aftercare.
15.2. We guarantee plants for 30 days from planting against failure due to our workmanship. Failures from frost, drought, waterlogging, pests, disease or insufficient aftercare are excluded.
15.3. You must follow the aftercare guidance we provide (watering, feeding, mowing regimes).
15.4. Turf may show shrinkage or colour variation during establishment; regular watering is essential.

16) Client Responsibilities

16.1. Provide accurate information, access, and timely decisions.
16.2. Keep children, pets, and visitors away from working areas.
16.3. Do not use or traffic over areas under construction or curing (e.g., fresh concrete/resin) until we confirm safe.
16.4. Arrange for removal or protection of items not in our scope (e.g., garden furniture, ornaments, sprinkler systems).
16.5. Site access: Do not enter the worksite without notifying the Site Foreman; this is to prevent injury and avoid damage to newly installed products.
16.6. You are responsible for any damage to your property caused by your own negligence or the negligence of your guests.

17) Photography & Marketing

17.1. We may take before/after photos and videos of the Works for record and marketing.
17.2. If you object, please notify us in writing before work begins and we will restrict use accordingly.

18) Health, Safety & CDM (Construction Design & Management) 2015

18.1. We will operate in accordance with relevant H&S legislation and our risk assessments/method statements.
18.2. For domestic projects, we will act as Principal Contractor where appropriate and manage site safety.
18.3. You must not direct our workforce to operate contrary to safety instructions.

19) Insurance & Liability

19.1. We carry valid Employers’ Liability and Public Liability insurance; details available on request.
19.2. We are not liable for indirect or consequential loss (e.g., loss of enjoyment, profit, or business), only for reasonably foreseeable loss caused by our breach.
19.3. Nothing in these T&Cs limits liability for death or personal injury caused by our negligence.
19.4. The client agrees to indemnify and hold Maybury Scotland Limited harmless from claims, damages or expenses arising from the client’s own negligence or that of their guests. This does not exclude or limit our liability where prohibited by law, and does not affect our insurance obligations toward our employees.

20) Designs, Drawings & Intellectual Property

20.1. All designs, layouts, drawings, 3D visuals, photography, and written specifications remain our copyright until paid in full.
20.2. You may not use or share them with others to carry out the Works without our written consent.

21) Consumer Rights & Cancellation (Off-Premises/Distance Contracts)

21.1. If this Contract is agreed off-premises (e.g., at your home) or at a distance (email/phone), you may have a 14-day cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
21.2. If you ask us to start within 14 days, you acknowledge you may be charged for work/materials provided before cancellation and may lose the right to cancel once the service is fully performed.
21.3. To cancel, use the Cancellation Form in §27 or send a clear statement by email/post within 14 days.

22) Termination (Beyond Statutory Cancellation)

22.1. Either party may terminate for material breach not remedied within 10 working days of written notice.
22.2. On termination, you will pay for: (a) work done to date; (b) materials on Site or ordered (including restocking/return fees); and (c) reasonable demobilisation costs.

23) Complaints

23.1. Please raise concerns promptly with our office.
23.2. We will acknowledge within 5 working days and aim to resolve within 20 working days.
23.3. If unresolved, you may seek advice from Trading Standards or ADR schemes where applicable.

24) Data Protection

24.1. We process personal data in line with UK GDPR and the Data Protection Act 2018. See our Privacy Notice for details of what we collect, why, and how long we keep it.
24.2. We will not sell your data and only share with suppliers/sub-contractors where necessary to perform the Contract.

25) Force Majeure

25.1. Neither party is liable for delay or failure caused by events beyond reasonable control (including but not limited to extreme weather, flood, fire, epidemic, strikes, war, supplier failure, utility outages). Obligations are suspended for the duration, and time for performance is extended accordingly.

26) Governing Law & Jurisdiction

26.1. These T&Cs are governed by Scots law and the parties submit to the exclusive jurisdiction of the Scottish courts.
26.2. If any provision is held invalid, the remainder remains in force.

27) Model Cancellation Form (for Consumer Off-Premises/Distance Contracts)

(Complete and return this form only if you wish to cancel the contract within the statutory cooling-off period.)

To: Maybury Landscaping / Maybury Scotland Limited, 4 Redheughs Rigg, Edinburgh, EH12 9DQ, info@mayburylandscaping.co.uk

I/We hereby give notice that I/We cancel my/our contract for the supply of the following service:
Project/Quotation reference: ______________________________
Site address: ____________________________________________
Ordered on / accepted on (date): __________________________

Name of consumer(s): _____________________________________
Address of consumer(s): __________________________________
Signature of consumer(s): ________________________________
Date: ____________________
Preferred contact (phone/email): __________________________

28) Aftercare — Quick Guide (to issue at Handover)

Paving/driveways: avoid trafficking for [24–72] hours as advised; sweep regularly; use neutral pH cleaners; reseal if specified.
Timber: treat annually; keep ground clear to avoid splashback and rot.
Lawns: water daily in dry spells for first 2–3 weeks; first cut when established; avoid scalping.
Planting: water deeply and less often; mulch to retain moisture; protect from frost/wind as needed.
Drainage: keep gullies and channels free of debris.