This contract is made between SJW Garden Design, whose principal address is at Penwood Farm, West Pennard. BA6 8LH (“we” or “us”) and the Client as stated in the Proposal (“you”). The terms of this contract will override terms that you may have sent or may send to us or any other written correspondence or verbal communication including any advice or recommendation made before we accept the order. Any typographical, clerical or other errors or omissions in the Proposal, Design or any other document may be changed without us incurring any liability.
“Design or Designs” means all designs including drawings produced when performing the Services;
“Fee(s)” means the fees set out in the Proposal or any variation to the Fee;
“Project Inspection” has the meaning given to it in Clause 4;
“Proposal” means the written document(s) that is sent to you together with these terms and conditions for the execution of the Services, which will be agreed by both of us;
“Services” means the set of services to be provided under this contract as set out in the Proposal;
3.1 Once the contract is accepted by you, we will provide the Services set out in the Proposal using reasonable skill and care in accordance with standards expected of a reasonable garden designer / landscape gardener. We will provide the Services in a timely fashion but any time deadline set out in the Proposal is only an estimate.
3.2 This is a design agreement. We may also assist you in communicating with third parties but it is your responsibility to contract directly with third parties to carry out additional Works. SJW Garden Design will not be 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.
3.3 All specifications, figures, sizes and other descriptions in the Design are approximations only and should not be relied upon.
3.4 You may suspend the Services at any time, but all sums due at the date of suspension will become due for immediate payment depending on which fee stage we are at in the Proposal.
The Fees for the Services are set out in the Proposal and will become fixed on the acceptance of the Proposal by both parties unless varied in accordance with these terms, or unless the Fee is based on the value of the project, or on the size of the Site and this is found to be larger once the Site has been measured. The Fees will be payable in instalments in accordance with the payment schedule or in the circumstances set out in the Proposal. All invoices shall be paid by you upon receipt of the invoice. Invoices will be sent by email from firstname.lastname@example.org
5. Intellectual Property Rights and Licence
5.1. SJW Garden Design own all intellectual property rights in the Designs together with the rights in any developments and modifications in such Designs. We assert the moral rights that we may have in any Designs.
5.2. SJW Garden Design will grant you a non-exclusive, perpetual, non-transferable and personal licence to use the Designs for your own internal business or residential purposes at the location set out in the Proposal, but for no other purpose. You may not allow any third party to use any of those Designs; use those Designs on behalf of or for the benefit of any third party; sub-license the use of the whole or any part of those Designs; recreate the Design at a different location or transfer them to anyone else without prior written permission.
5.3. SJW Garden Design will be allowed to refer to you in any publicity after the Services have taken place including the taking and publication of photographs of the Works and the Site.
5.4 The provisions of this clause 8 shall remain in full force and effect after termination of this contract for whatever reason.
6.1 In the event of any fault or defect arising in the Services, SJW Garden Design shall have the right to remedy such fault where possible by resupplying the Service. In the event that you do not advise of any defect in the Services within thirty days after completion of the Services or the provision or delivery of the relevant part of the Services, you shall be deemed to have accepted the Services or part thereof.
6.2 If plants or other goods are provided to you by a separate supplier, those supplies will be provided under a separate contract with your supplier and SJW Garden Design can accept no responsibility for that contract or the supplies under it.
6.3 SJW Garden Design will not be liable in any way whatsoever whether that be under contract, tort or otherwise, for any indirect or consequential loss or damage, loss of revenue, loss of profit, loss of goodwill, costs, expenses or other claims for consequential compensation (even if due to our negligence, such loss being reasonably foreseeable or if you had been advised of the possibility of suffering such loss) that you may suffer as a result of the Services provided under this contract.
6.4 Nothing in this contract shall affect the statutory rights of a consumer.
6.5 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees.
6.6 The provisions of this clause 9 shall remain in full force and effect after termination of this contract for whatever reason.
7.1 The Services will start on the date specified in the Proposal. Either party may terminate this contract at any time by giving the other party advance written notice if the other becomes insolvent or bankrupt, makes any arrangement or composition with its creditors, has any petition filed against it for compulsory liquidation or bankruptcy, has a receiver appointed over any or all of its assets, is unable to pay its/his/her debts as and when they fall due or otherwise ceases to carry on business.
7.2 If either party is in breach of any significant provision of this contract (a material breach) then that party will give the other party not less than fourteen (14) days’ written notice to allow them to correct that breach. If that party fails to remedy the breach within the notice period, then the other party will be entitled to terminate the contract with immediate effect at the end of that notice period.
7.3 You may cancel this contract at any time by giving at least one month’s advance written notice but you will have to pay for the Services carried out up to the date of expiry of the notice.
No responsibility will be taken for losses due to incorrect care by the client or natural circumstances out of SJW Garden Designs control.
The main design drawings will be presented to you at your home or a mutually convenient location.
Additions to drawings may be possible but revisions will be charged for at an agreed hourly rate.
All payments are to be made by online bank transfer, cheque or cash. Credit or debit cards are not accepted.
Payment terms are detailed on invoices.