Terms and Conditions – Garden Design 

This contract is made between The Designer (“we”, “us”, “our”), and The Client (“you”, “your”) as defined in The Proposal each a “party” and together, “the parties”.

This contract comprises The Proposal (agreed works and estimated costs) and these terms and any variation agreed in accordance with these terms. 

Definitions

“Design or Designs” means all drawings, specifications, models, plans, notes, mood boards, photographs, notes of meetings and any other documents produced by us when performing the Services;

“Fee(s)” means the fees set out in the Proposal or any variation to the Fee;

“Proposal” means the verbal or written notes that we send to you together with these terms and conditions for the execution of the Services;

“Services” means the set of services to be provided by us under this contract as set out in the Proposal;

“Site” means the location where the Works are to be carried out as set out in the Proposal. 

1. The Designer will provide the Services set out in the Proposal using reasonable skill and care in accordance with standards expected of a competent garden designer. We will provide the Services with reasonable diligence in a timely fashion but any timescale or deadline set out in the Proposal is only an estimate.
2. This is a design and consultancy only agreement. We may suggest and assist you in communicating with third parties, by phone, email or on site, but it is your responsibility to contract directly with third parties to carry out the Works. We are not responsible for the work undertaken by third parties, the manner in which the Works are being carried out nor any other aspect of their progress.
3. Where we are required on site for communications with third party contractors we will charge for the visit (see clause 6).
4. All specifications, figures, sizes and other descriptions in the Design are approximations only and should not be relied upon.
5. You may pause / suspend the Services at any time. Once we receive your further instructions we will use reasonable endeavours to reschedule the Services as soon as is practicable. This rescheduling will not be guaranteed to be at a time requested by you. Any additional cost incurred by us in complying with these instructions will be added to the Fee unless such suspension was due to something we had done or failed to do either negligently or in breach of this contract.

    

6. We will visit the Site at appropriate intervals to make visual inspections of the Works with respect to general compliance with the Designs. We shall notify you of any discrepancies that we have noted between the Design and landscaping works being delivered in order that you may take steps to rectify such changes as you see fit.
7. We will not supervise or manage landscapers or contractors. We may assist you in communicating with third parties but you will contract directly with the third parties and by undertaking a Site Visit we do not take responsibility or liability for their work, and we will not accept any liability in respect of either the execution, delivery or performance of such third party contractor, or the execution, delivery or performance of the Works once completed.
8. Either party will be entitled to vary or amend the scope of the Services or the Proposal with consent of the other party. Any variation will only be effective once the details of the variation (which may take the form of a further Proposal) together with an additional fee or any variation to the Fee have been put in writing and agreed in writing by both parties.
9. If you require services outside of the scope of the Proposal or on different terms than these terms, then we will try to carry out such service at our convenience and for a fee that we will set at that time.
10. The Fees for the Services are set out in the Proposal and will become fixed on the acceptance of the Proposal. 
11. All Fees (except variations to the Proposal) are payable upfront and have VAT applied. 
12. Payment shall be due upon receipt of invoice. If you fail to pay an invoice after 7 days of receipt we reserve the right to postpone commencement of the project. 
13. You will provide us at the time of asking with information, decisions and/or approvals as necessary in order that we can properly carry out the Services. Such information will include but not be limited to your requirements, programme and budget for the Works and the services you require. 
14. You will allow us reasonable access to both you and the Site at the agreed times in order to carry out the Services.
15. You will notify us in writing of any issues which may affect the Services as soon as possible to enable us at the earliest opportunity to investigate and rectify where necessary; and notify us as soon as possible of any structural alterations that may affect landscaping works. 
16. If there is a requirement that any remedial work is required to trees at the Site (including but not limited to cutting down or lopping), then you will make the necessary checks and arrangements that such tree is not subject to any type of protection order. You will be responsible for any planning permission or licences. You will cover any fines or damages that are incurred by either party as a result of failing to make such arrangements and you will indemnify us from and against any costs, claims, damages, liabilities and expenses incurred by us arising from any breach of planning permission or licences.
17. We are the owner of all intellectual property rights in the Designs together with the rights in any developments and modifications in such Designs. 
18. We will be allowed to refer to you in any publicity after the Services have taken place provided we receive your written consent in advance (including the taking and publication of photographs of the Works and the Site).
19. We are not responsible for failure of plants supplied by us, where it is not clear that you have followed guidance provided for their satisfactory establishment or due to unforeseen weather difficulties.
20. We will use reasonable endeavours to comply with any specified delivery dates but no such dates are guaranteed and we exclude liability for any loss (whether direct, consequential or otherwise) resulting from any delay in the delivery of the Services.
21. You will hold us, the Designer, and not any employee or consultant employed by us liable for any matter whatsoever or howsoever arising at any time from the performance of the Services.
22. Our maximum liability arising under or in connection with this contract whether in contract, tort (including negligence) for breach of statutory duty or howsoever it arises (other than in relation to death or personal injury caused by negligence or liability for fraud and any other liability that by law cannot be excluded) shall not exceed the amount stated in the Proposal.
23. We shall have no liability under or in connection with this contract after the expiry of 6 years from the date of completion of the Services.
24. The Services will start on receipt of payment for the invoice for the Services. The Designer may terminate this contract immediately by giving The Client written notice if The Designer becomes insolvent or bankrupt, enters into administration, or ceases to carry on business.
25. The Client may terminate this contract at any time by giving the other party at least 7 days’ prior written notice but will have to pay for the Services carried out (or goods ordered) up to the date of expiry of the notice. We may also assist you in the cancellation of any third party contracts but you may still have to pay sums under those third party contracts subject to the terms of any those contracts.
26. If you are required under the Party Wall Act 1996 to appoint a party wall surveyor, then you will be responsible for ensuring that such a surveyor is appointed and we will co-operate and pass all such relevant information to the surveyor as soon as is reasonably practicable.
27. As a member of the Society of Garden Designers, we are obliged to comply with its Code of Professional Conduct.  Please do tell us if you are not happy with any aspect of the Services.  We will try to resolve any problems quickly and to your satisfaction.  If you are not satisfied after speaking to us, you are entitled to raise the issue with the Society of Garden Designers.  A copy of the Society’s Complaints Procedure is available on request.
28. We will maintain professional indemnity insurance with a limit of indemnity not less than the amount stated in the proposal for the duration of the Services and for the period of 6 years from the completion of the Services provided such insurance remains available to us on commercially reasonable terms and at commercially reasonable premium rates. We will inform you if such insurance ceases to be available on commercially reasonable terms and at commercially reasonable premium rates in order that the parties can discuss the best means of protecting their respective positions.
29. Where we source and provide plants or sundries as part of the design Services these are provided by Gardens by Rachel and we are not obliged to provide third party receipts from our suppliers. 
30. If we, as part of the design process are providing our maintenance team for labour; gardening, planting or, border preparation, for or during the design process, of afterwards for ongoing maintenance, labour will be charged and invoiced at the current rate. 
31. If you are also taking Maintenance Services please refer to the separate Terms and Conditions in relation to these services.