Terms and Conditions | Grace Rogers Gardens

Terms & Conditions

These Terms and Conditions set out the terms of the standard contract formed between the Customer and Firesky Ltd, Trading as Grace Rogers Gardens, whose Registered Office is 62a Prince of Wales Mansions, Prince of Wales Drive SW114BJ, company number 11761857.

Services
1. Once the Agreement is accepted by the Client, Grace Rogers Gardens will provide the Work Stages agreed using reasonable skill and care in accordance and in a timely fashion.
2. The Agreement may include design, consultancy, project management, build and garden maintenance. As such, Grace Rogers Gardens may in some instances assist the Client in communicating with third parties: in such instances, it is the Client’s responsibility to contract directly with any third parties to carry out any additional works: Grace Rogers Gardens will not be responsible for the quality of any work undertaken by third parties outside of the control of Grace Rogers Gardens.
3. The specifications, figures, sizes and other descriptions in the Design should not be relied upon for other purposes, as some measurements may be approximate and are not guaranteed for other purposes.
4. The Customer may suspend a Work Stage at any time, but all sums due at the date of suspension will become due for payment in accordance with our Payment Terms below. Renewal of the Services after suspending them may incur an additional cost in rescheduling, and it may not be possible to meet previously agreed timelines if services are suspended.
Fees & Payment
1. The Fees are set out in the Work Stages unless varied in accordance with these terms.
2. The Fees will be payable after each Work Stage and the Client will be invoiced accordingly.
3. Payment for each Work Stage will be due within 7 days of invoice.
4. If the Client fails to pay an invoice after 7 days of the invoice date, Grace Rogers Gardens may, after a further 7 days’ notice, suspend the performance of Services until payment is received.
5. Payments are to be made by online bank transfer, cheque or cash.
Design Work and Drawings
1. Design drawings will be presented to the Client at the Client’s address or at a mutually convenient location, unless it is agreed that the drawings are to be emailed or made available online.
2. Additional drawings or additions to drawings may be possible but additions and revisions will be charged for at the hourly rate specified in the Work Stages Document, which forms part of this Agreement.
Planting
1. Invoices for planting will normally be submitted in arrears but staged payments may be required for hard landscaping and other elements. This will be detailed in the quotation.
2. The cost of plants will include a collection/unpacking charge and delivery to site.
3. Whilst Grace Rogers Gardens typically provides Maintenance advice as part of the Service, no responsibility will be taken by Grace Rogers Gardens for:
  1. plants which were not planted by Grace Rogers Gardens; or
  2. plants which are affected by frost, severe weather damage or incorrect care by the Client.
Garden Visits
1. We endeavour, where requested, to attend clients’ gardens on agreed dates. However we cannot absolutely guarantee our attendance on those agreed dates, because unforeseen circumstances may arise. In those instances, we will rearrange visits with you at a mutually convenient date, If there are times that we must not visit, please inform us.
Access
1. If access through or from a neighbouring property is required to carry out specific tasks, permission must be sought by the client from the property owner or tenant before commencement of work.
Work on Site and Visits to Site
1. All works on site will be charged at a cost to be agreed before Works commence. Travel expenses to and from site may be charged at an agreed rate if highlighted in the quotation. In this case, records will be kept for hours worked and miles travelled and will be produced on request.
Variations
1. Variations to this Agreement may be made but will only be effective if agreed in writing. Grace Rogers Gardens may refuse to accept a variation if it reduces the value of the contract by thirty per cent or more.
2. Grace Rogers Gardens may vary these Terms and Conditions by giving the Client 14 days’ prior written notice if required to do so by law.
3. Grace Rogers Gardens shall not be liable for any delay in or failure to perform the Services which are directly or indirectly caused by the Client’s failure to:
  1. 1. make the site available;
    2. prepare the site (if necessary, in accordance with Grace Rogers Gardens’ instructions); or
    3. provide Grace Rogers Gardens with adequate instructions for supply of the Services.
Additional Work
1. If additional work is required, arrangements will be made to provide a quote and arrange for the additional Works to be carried out, under a separate contract, or an amended one.
Termination
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:
2. You may cancel this contract at any time by giving us 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. We may also assist you in the cancellation of any third party contracts but we cannot guarantee that you will not have to pay such fees in full subject to the terms of any third party contracts.
3. 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.
Invitation To Tender and Subcontracting
1. We will at agreed times carry out Invitations to Tender for Works to be carried out according to our Design, from among Contractors of our choosing. This will include: the compilation of a form of tender to be completed by the tenderer; preparation of correspondence and copies of appropriate drawings and postage/delivery to the agreed number of tenderers; an initial meeting with any selected contractor of up to 3 hours to discuss details of the Design; expediting of responses; and receipt and evaluation of responses.
2. If any response from a firm of our choice is deemed to be inadequate or is unacceptably late, then a further tender will be sought from an alternative company at no further charge.
3. An invoice will be submitted after all responses have been received.
4. Grace Rogers Gardens may subcontract or delegate the performance of any of its obligations under the agreed Contract without the Customer’s prior written consent.
5. Grace Rogers Gardens shall procure that all subcontractors comply with the obligations under the agreed Contract (to the extent applicable to the provision of the relevant aspects of the Services performed by the applicable subcontractor).
Warranty
1. Grace Rogers Gardens warrants that:
2. The Services shall conform in all material respects with the Agreement Checklist; and the Services shall be performed with reasonable care and skill within the meaning of Consumer Rights Act 2015 and in accordance with all Applicable Law;
3. The Client shall be deemed to accept the Services unless it notifies of any failure of the Services within 14 days of completion of the Works.
4. Grace Rogers Gardens shall, at it’s option, remedy, or re-deliver services if appropriate that do not comply with the above Warranty, provided that the Client:
  1. serves a written notice within the Warranty Period of 14 days that some or all of the Services do not comply with the Proposal and identifying in sufficient detail the nature and extent of the defects; and
  2. gives Grace Rogers Gardens a reasonable opportunity to examine the claim of the defective Services.
5. The provisions of these Terms and Conditions shall in addition apply to any Services that are remedied or re-performed.
6. Grace Rogers Gardens shall not be liable for any failure of the Services to comply with the Agreement:
  1. to the extent it is caused by the Customer’s failure to comply with recommendations made by Grace Rogers Gardens;
  2. to the extent it is caused by any design, specification or requirement of the Customer in relation to the Services;
  3. where the Customer alters the design or garden against Grace Rogers’ instructions or recommendations; or
  4. where the Customer uses the design after notifying Grace Rogers Gardens that it does not comply with the Agreement.
7. Grace Rogers Gardens may amend the Specification after the Commencement Date and prior to the Works to avoid being in breach of any Applicable Law, such as with party walls or building regulations, and shall notify the Client of any such amendment.
8. The provisions of this clause are in addition to, and are not exclusive of, any other rights and remedies to which the Customer may be entitled, and the warranties and conditions implied by the Consumer Rights Act 2015 are not excluded.
Your Obligations
1. You have certain obligations under this contract. Failure to comply with these obligations may result in us suspending or terminating the contract. If we incur any damages or fines through your failure to carry out your obligations, then you will repay us all such monies on a full indemnity basis.
2. You will provide us at the time of asking with the necessary information in order to carry out the Services. You will warrant the accuracy of this information and that the information is not subject to any third party rights that would prevent us from using this information. You will be liable for any costs that we may suffer if this warranty is not true.
3. You will allow us reasonable access to both you and the Site at the agreed times in order to carry out the Services.
4. 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 the Works.
5. If as part of the Works 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 also be responsible for the arrangement of any planning permission or licences in respect of the Works. 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 in respect of the Works.
6. Nothing in this contract shall require us to provide advice or services in connection with the presence of or risk of contamination or pollution by harmful substances. You will be solely responsible for determining what investigations and actions should be taken in relation to such substances and shall commission such professional third party advice as you consider necessary.
Liability
1. Nothing in this contract shall affect the statutory rights of a consumer.
2. If plants or other goods are provided to the Client by a separate supplier, those supplies will be provided under a separate contract and Grace Rogers Gardens accepts no responsibility for their quality.
3. Grace Rogers Gardens will use reasonable endeavours to meet any specified delivery dates but such dates are not guaranteed, and liability will be excluded for any loss (whether direct, consequential or otherwise) resulting from any delay in the delivery of the Services.
Health & Safety
1. Loud machinery is sometimes used to carry out maintenance work. Please inform us in advance if there is a time when this will cause you problems. These machines can also create dust and smoke. Please keep your windows shut whilst maintenance work is been carried out.
2. Our staff cannot engage in any work that requires them to climb higher than the ladders they carry onboard their vehicles will allow them to. Any high work will need to be assessed and priced.
3. Sometimes our operatives will be using controlled chemicals to kill weeds or promote growth. These are generally considered non-toxic; but should you be concerned or request more information, then speak to your operative so they can provide you with details.
Damage to property
1. If property belonging to Grace Rogers Gardens or its contractors is damaged or lost during the Works or as a result of the performance of the Works, the cost of repair or replacement of the property shall be assumed by Grace Rogers Gardens or its contractors as appropriate except to the extent that such damage or loss is caused by the Customer, in which event:
  1. the Customer shall compensate Grace Rogers Gardens for the cost of repairs; or
  2. if the property is not capable of being repaired or it is uneconomical to do so, the Customer shall assume the cost of replacing it with a replacement of the same or equivalent specification.
2. If property belonging to a third party is damaged as a result of the performance of the Services, liability for any third party claims shall be borne by Grace Rogers Gardens except to the extent that such damage was caused by the Customer in which event the Customer shall assume the liability for any such third party claims.
3. If Grace Rogers Gardens causes damage to the Customer’s property, Grace Rogers Gardens shall assume the cost of repair of such property unless the damage was caused by the Customer.
Party Wall Act 1996
1. 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.
Intellectual Property Rights and Licence
1. Grace Rogers Gardens is the owner of 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.
2. We 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 our prior written permission.
3. We 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.
Transfer of Rights
1. We will be entitled to transfer all or any of our rights or obligations under this contract and to use sub-contractors. You will need our prior written permission before transferring any or all the rights to a third party.
Marketing
1. Grace Rogers Gardens Gardens uses garden images and customer testimonials to promote business on the internet or other mediums. If you object to this then please let us know.
Force Majeure
1. Neither party will be regarded as in breach of this Agreement if the failure is as a result of a circumstance beyond that party’s reasonable control (Force Majeure). This will include (but not be limited to) the incapacity of the garden designer working on the Design(s) or a global pandemic which materially affects the supply of services, goods or travel, but will not include severe weather.
2. If a Force Majeure continues for a period of one week or more, both parties will discuss ways in which to alleviate the situation during the period that the Force Majeure exists; or if this is not possible, the contract may be terminated at the supplier’s option, without either party sustaining any financial liability other than to pay all outstanding Fees that are due up to the date of termination (including any contracts that cannot be cancelled).
Waiver
1. If either party chooses not to take up any right of action at any time then this will not prevent that party from taking action on the same or similar point at another time.
Contracts (Rights of Third Parties) Act 1999
1. The parties to this contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it but this shall not affect any right or remedy of a third party that exists or is available apart from that Act.
Proper Law
1. These terms and conditions will be governed by and construed in accordance with the laws of England and Wales. In the event of any dispute we would ask that you contact us in the first instance to resolve any issues in good faith. If this matter is not referred or resolved within 14 days of the matter being raised then the parties will submit to the exclusive jurisdiction of the Courts of England and Wales. Entire Agreement
Entire Agreement
1. These Terms and Conditions read together with the Work Stages, Contract Checklist, Brief, and signed Agreement, form the entire understanding between the parties and supersedes all previous agreements between the parties.