These Terms & Conditions apply to:
- All Garden Design Services.
- All Design Commissions Including Concept Design Work, Sketch Proposals, Colour work.
- All Surveying work
- All Quotations and Contract Agreements.
By employing Dorset Design & Build you accept these terms.
WHEREAS The CLIENT will have a landscaping Work/Project described as detailed in the Landscaping Agreement:
WHEREAS the LANDSCAPER is a duly and registered licensed Landscaping company.
WHEREAS the LANDSCAPER agrees to provide Landscaping service for CLIENT’S above stated Work/Project.
NOW THEREFORE both parties bind themselves and agree as follows:
1.1 Non refundable Fifteen percent (15%) of the estimated contract cost, upon approval of the Estimated Project Cost.
1.2 Thirty Five Percent (35%) of the estimated contract cost, at the start of the project construction.
1.3 Thirty Five Percent (35%) of the estimated contract cost, at an agreed midpoint of the project construction.
2. FINAL PAYMENT
Final Payment (15%) will be due and demandable on completion of the project. Payment terms are available upon request.
Copyright for the Drawings and Specifications belong to the CLIENT and shall not be used on any other project. The CLIENT may retain copies of the Drawings and Specifications for information and reference provided LANDSCAPER has been paid in full for services rendered under this Agreement.
4. PROPERTY LINES
Prior to the commencement of the Work the CLIENT will provide LANDSCAPER with information as to the location of property lines and all subsurface utility and service lines, including but not limited to electrical, telephone and gas lines and water and irrigation pipe-lines and conduits. LANDSCAPER may rely on the accuracy and completeness of all such information and shall not be liable for damages or costs resulting from any errors or omissions in that regard.
5. BUILDING MATERIALS
Unless otherwise specified, all building materials provided shall be new. LANDSCAPER shall have total control of the Work and shall be solely responsible for the construction means, methods, techniques, sequences, and procedures. LANDSCAPER shall comply with all laws, rules, regulations and building and fire codes which relate to the Work including applicable health and safety legislation and shall obtain any permits or licenses necessary for its performance as at the date hereof. LANDSCAPER will also be responsible for and shall restore at its expense all damage to the property of the CLIENT caused by LANDSCAPER in the performance of the Work. LANDSCAPER agrees to remove all debris and leave the premises in clean condition.
6. SCHEDULE OF WORK
LANDSCAPER shall submit to the CLIENT, prior to its commencement, a schedule for the performance of the Work. If LANDSCAPER is delayed in the performance of the Work by an action or omission of the CLIENT or by circumstances beyond the control of LANDSCAPER, then the schedule shall be extended for such reasonable period as is required to accommodate for the delay.
7. CONCEALED PHYSICAL CONDITIONS
If subsurface or otherwise concealed physical conditions at the Premises differ materially from those indicated in this Agreement or from those ordinarily found to exist in the vicinity of the Premises, including subsurface utilities, boulders, tree stumps or construction debris, then the Contract Price will be adjusted to account for any changes required to this Agreement or in the materials or method of work required to carry out the Work.
8. LANDSCAPER COMPLIANCE
Should LANDSCAPER fail to comply with the requirements of the Agreement to a substantial degree, the CLIENT may notify LANDSCAPER in writing that LANDSCAPER is in default of its contractual obligations and instruct LANDSCAPER to correct the default within five (5) business days. If LANDSCAPER fails to correct the default in the time specified or subsequently agreed upon, the CLIENT may correct the default and deduct the cost thereof from any payment due to LANDSCAPER or terminate the Agreement. If the CLIENT so terminates the Agreement, LANDSCAPER shall be entitled to be paid for the value of all Work performed to the date of the termination.
9. LIABILITY INSURANCE
LANDSCAPER shall maintain at its own expense Comprehensive General Liability Insurance in the minimum amount of £2,000,000 per occurrence for bodily injury, death and property damage and Automobile insurance with respect to all licensed vehicles owned or leased by LANDSCAPER and used by LANDSCAPER in the performance of the Work. Evidence of this insurance shall be provided to the CLIENT upon request.
10. CHANGES IN THE WORK
Changes in the Work must be requested by the CLIENT in writing (by email). The price for a change in the Work must also be agreed to in writing. If the CLIENT and LANDSCAPER cannot agree to a price for the change in the Work the parties may agree in writing that the proposed change in the Work be performed on a time and materials basis where all required labor will be charged at a rate of £280 per day and all material costs be subject to a handling charge of 25%.
11. PAYMENT FOR CHANGE(S) WORK
Payment for change/s in the Work will be made separately, following LANDSCAPER’s completion of the change and within five (5) days of LANDSCAPER providing an invoice for same. All invoices are due when rendered and will incur interest at a rate of 2% per month, or 24% per annum. If because of climatic or other conditions reasonably beyond the control of LANDSCAPER the Work cannot be completed, payment in full for that portion of the Work which has been performed shall be made by the CLIENT and the CLIENT may withhold, until the remaining portion of the Work is completed such an amount sufficient and reasonable to cover the cost of performing such remaining work.
12. PAYMENT METHOD
All of the prices quoted are based on BACS payments.
12.1 Payment by Cheque or Cash will be subject to a service charge of two percent (2%) per the amount of transaction.
12.2 Cheque payments are due seven (7) days before the Work/Project’s completion date.
13. CLIENT’S INSOLVENCY
Should the CLIENT be insolvent, be adjudged bankrupt or default in any payment described in Articles 1, 2 or 11, above, LANDSCAPER may give notice of said default to the CLIENT and should said default remain uncorrected for a period of five (5) days thereafter LANDSCAPER without further notice to the CLIENT may stop performance of the Work or terminate this Agreement such that LANDSCAPER’s obligations hereunder will be suspended or terminated without limitation, the CLIENT will have the sole responsibility to monitor and
manage the safety and condition of the Premises and LANDSCAPER shall be entitled to be paid for the value of all Work performed to the date of the termination.
14.1 LANDSCAPER warrants the Work against defects in workmanship and materials for a period of one (1) year for all Softscape installations,
14.2 Two (2) years for all Hardscape installations and
14.3 Five (5) years for subsidence.
14.4 All bought in electrical materials (e.g. lighting, sound systems, irrigation control systems etc) will be subject to their own manufacturers' warranty, and if replacement is required due to a defective product, fitting of said replacement will be subject to an hourly labour rate of £30 per hour.
14.5 The warranty takes effect from the date LANDSCAPER submits the invoice for final payment, provided the CLIENT has paid LANDSCAPER in full for all Work performed under this Agreement and subject to the following.
14.6 The warranty does not apply if the CLIENT is in default of this Agreement or to the effects of normal corrosion, erosion or wear and tear or against damage or deficiencies caused by the faulty operations or maintenance of the CLIENT, including the failure to properly maintain, water or protect planting material.
14.7 The warranty of new plant material is limited to a one-time replacement per item within the warranty period and will not apply if salt or calcium chloride is used by the CLIENT on walkways at the Premises, in the area of those walkways or driveways.
14.8 The warranty of plant material also does not apply to sod (turf), roses, annuals or bulbs.
14.9 The warranty of plant material does not apply to any trees, plants or shrubs which are moved within the site as part of the agreed landscaping works.
14.10 The warranty for all low voltage bulbs endures a period of 90 days.
14.11 Upon the CLIENT providing LANDSCAPER with notice of a proper warranty claim under this Agreement, LANDSCAPER will have 30 days to respond to the warranty, or such other reasonable period of time as is required in the circumstances.
15. ACCESS FOR PROMOTION
LANDSCAPER shall have the right to access the site for the purposes of taking photographs in relation to the Work both prior to and after completion of the Work and shall have and retain all copyright in said photographs which may be used by LANDSCAPER at its sole discretion in reference and promotional materials, portfolios and/or publications.
16. This Agreement constitutes the whole of the agreement between the parties and supersedes all prior negotiations, representations or agreements. Neither party shall assign any part of this Agreement without the written consent of the other. No act or failure to act shall constitute a waiver of any right or duty under this Agreement nor constitute an approval of or acquiescence in any breach of this Agreement unless expressly agreed to in writing by the Parties.
17. UNLAWFUL ACTIVITIES
The LANDSCAPER will comply with all the laws of England & Wales, and all lawful orders of planning, police and fire departments, and will not do anything on the premises in violation of any laws, ordinances, rules or orders. If any unlawful activities by the CLIENT should occur on the premises, and the Work is cancelled, there will be no refund of any kind from LANDSCAPER to CLIENT.
18. AMENDMENT AND SUPPLEMENT
Any amendment and supplement to this Agreement shall come into force only after a written agreement is signed by both parties seven (7) days before the start of Work. The amendment and supplement duly executed by both parties shall be part of this Agreement and shall have the same legal effect as this Agreement.
19. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
IN WITNESS THEREOF the parties hereto have caused this Agreement to be duly executed on their behalf by their duly authorized representative as of the date first set forth above.