Effective Date: June 2026
Company: Lushline Gardens
Operating Region: Sandton, Bryanston, Midrand, and the greater Johannesburg area.
Welcome to Lushline Gardens. By requesting a quote, approving a proposal, or engaging our landscaping and tree felling services, you (the “Client”) agree to the following Terms and Conditions. Please read them carefully as they outline the scope of our work, payment obligations, and liability limits.
1. Quotes and Scope of Work
- Validity: All written quotes and proposals are valid for 14 days from the date of issue.
- Scope Alterations: The quote covers only the work explicitly detailed in the final approved proposal. Any additional work requested by the Client during the project (e.g., extra planting, additional tree removal, or hardscaping modifications) will be quoted separately and added to the final invoice.
- Permits: The Client is solely responsible for obtaining any necessary municipal permits or Homeowners Association (HOA) approvals prior to the commencement of work, particularly regarding the removal of protected indigenous trees or major boundary landscaping.
2. Payment Terms
- Deposit: A 50% non-refundable deposit is required to secure your booking and procure materials (plants, soil, hardware). Work will not commence until the deposit reflects in the Lushline Gardens bank account.
- Final Payment: The remaining 50% balance is due strictly upon practical completion of the project on the day of handover.
- Late Payments: Invoices not paid within 7 days of completion will incur a late fee of 5% per month. Ownership of all installed materials, plants, and hardware remains with Lushline Gardens until the final invoice is paid in full.
3. Project Timelines and Delays
- Estimated Timelines: We strive to start and complete all projects within the agreed-upon timeframe. However, landscaping and tree felling are outdoor services subject to environmental variables.
- Weather Delays: The Gauteng Highveld is prone to severe summer thunderstorms and unexpected weather events. Lushline Gardens reserves the right to pause or delay work if weather conditions make it unsafe for our crew (especially during tree felling) or detrimental to soil preparation and planting.
- Site Readiness: If our team arrives on the scheduled start date and the site is not ready or accessible due to the Client’s actions, a call-out fee may be charged, and the project will be rescheduled.
4. Liability and Risk (Tree Felling & Landscaping)
Tree felling and heavy landscaping involve inherent risks. While Lushline Gardens is fully insured and utilizes professional rigging and safety techniques, the following limits apply:
- Underground Utilities: The Client must accurately identify and declare the location of all underground services (water pipes, irrigation lines, electrical cables, fibre optics) prior to any digging, stump grinding, or tree felling. Lushline Gardens accepts no liability for damage to undisclosed or incorrectly marked underground utilities.
- Structural Proximity: When felling trees located extremely close to structures (glass, boundary walls, roofs), we take every precaution using sectional dismantling. However, minor debris scatter is inevitable. We will explicitly outline any high-risk areas prior to starting work.
- Property Boundaries: The Client is responsible for ensuring that any tree slated for removal or any area being landscaped falls within their legal property boundaries. Lushline Gardens accepts no liability for disputes arising with neighbors over boundary lines.
- Unforeseen Site Conditions: If we encounter hidden obstacles during excavation or stump grinding (e.g., buried rubble, bedrock, massive foundational roots), additional labor and equipment costs may apply.
5. Client Responsibilities
- Access: The Client must provide clear access to the work site for our crew, vehicles, and machinery during standard operating hours (Monday to Friday, 07:30 – 17:00).
- Water and Electricity: The Client agrees to provide reasonable access to water and electricity necessary to execute the project.
- Safety (Pets and Children): For the safety of everyone involved, especially during tree felling, stump grinding, or heavy machinery operation, the Client must keep all pets and children indoors and away from the active work zone.
6. Living Material Guarantee
- Plant Health: We supply healthy, high-quality plants and turf. Lushline Gardens offers a 30-day replacement guarantee on plants and trees we install, provided they have been properly watered and cared for by the Client according to our handover instructions.
- Exclusions: This guarantee does not cover damage caused by extreme weather (frost, hail, flooding), neglect, under/over-watering by the Client, pest infestations occurring after installation, or damage by pets.
7. Cancellations
- By the Client: Cancellations must be made in writing at least 48 hours before the scheduled start date. If the project is canceled after materials have been purchased or customized (e.g., specific plants ordered, hardscaping materials delivered), the cost of those materials will be deducted from the deposit before any potential refund is calculated.
- By Lushline Gardens: We reserve the right to cancel a contract if the work environment is deemed unsafe, if the Client is verbally abusive to our staff, or if the Client fails to meet payment obligations.
8. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the South African courts.