Terms & Conditions
DEFINED TERMS
Unless the context indicates the contrary, the following words shall have the following meanings assigned to them:
Contractor, We, Us, Our: ‘Ladies That Mulch Ltd’
the Client, You: The person or persons who request LTM to carry out work and is or are liable to pay LTM fees jointly and severally. The address noted on the quotation/deposit invoice relates to the project/site address.
Party / Parties: The Contractor and the Client
Design Services: To be agreed after the initial consultation but may include garden design commissions, including concept design work, sketches, consultancy, creative advice and planting work.
Project / Works: All soft landscaping including preparation, construction and planting work.
Quotation, Contract, Agreement: The written documents sent to you which incorporate these Terms & Conditions in conjunction with its associated quotation.
Hard Landscaping Contractor: The contractor you appoint to construct structural elements of your garden design such as terraces, paths, fences, walls, pergolas, etc.
TERMS & CONDITIONS
Below are the terms and conditions upon which we provide garden design services (Design Services) and planting services (Project or Works). The exact design services we will provide to you will depend on what you and we agree after the Initial Consultation(s) but may include garden design commissions, including concept design work, sketches, consultancy, creative advice and planting work.
All hard landscaping construction falls outside the scope of the design services and project work we perform. You will need to negotiate and agree a separate contract between you and the Hard Landscaping Contractor you wish to appoint. We are happy to coordinate with the Hard Landscaping Contractor throughout the project where this is required.
1. General
Upon receipt of the deposit payment for the design or project, parties agree that a binding agreement shall arise upon the terms and conditions set out hereinafter. Any stipulation or condition in any order or acceptance by the client which conflicts with these conditions shall be of no force or effort.
Receipt of the project deposit payment also confirms that the client understands and agrees to the layout and specifications shown on the design plan and associated project quotation. The project will be constructed at the address shown on the client’s quotation.
2. Validity of quotation
Quotations are valid for a period of 30 days. If not accepted, it shall become null and void.
3. Terms of payment
3.1 Design fees
A deposit of 25% of the total (Inc VAT) is payable on acceptance of the quotation;
50% of the total (Inc VAT) due on delivery of the first draft of the design;
the final balance (Incl VAT) is due on completion.
3.2 Planting project
A deposit of 50% of the total (Inc VAT) is payable on acceptance of the quotation, the final balance is due on completion.
If at any time during the agreement, the terms of payment are not adhered to, we reserve the right to cancel all outstanding work or uncompleted work, and the client shall be obliged to make payment of the outstanding amount. The ownership of the goods shall remain vested in the contractor until the goods have been
paid for in full. All design work is payable before the project commences. Please note that deposit payments are non refundable.
4. Access
The client undertakes at all times to give the contractor access to the garden to carry out the project. Interference or obstruction from other contractors employed by the client may cause delays and/or damage, for which we shall not take responsibility. Costs of any such delays will be for the clients account.
5. Risk
The risk of loss or damage to plants and materials shall pass to the client from the time of delivery and we shall not be responsible beyond this point. For example any damage to plants by hail, theft or other natural forces out of ‘Ladies That Mulch Ltd’ control will be for the clients account.
Where the client has commissioned ‘Ladies That Mulch Ltd’ to undertake the project, this will be carried out in accordance with the design and takes account of the plant spacing and other conditions needed to ensure future health and growth of the plants. All plants will be watered in and given the correct conditions to thrive at the time of planting.
Once planted, the future care and watering of the garden area and plants contained within is the client’s responsibility. Please bear in mind that gardens are greatly affected by external factors beyond our control including weather conditions, which can be both extreme and unexpected, and need time and patience to establish and develop.
6. Defects
In the case of plants or products being defective, the client shall within 30 days from completion, report this to us in writing. Every endeavour shall be made to replace any defective plants/products, with the same or similar. Such obligation on the contractor is subject to the client having carried out the correct care and maintenance. Any replacements of plants or products after the 30 day period will be for the clients account.
7. Underground risk
Unless a site plan is given to the contractor stating clearly where all pipes, cables etc. are situated, no responsibility shall be held by the contractor. Any damage arising shall therefore be for the clients account. However, we shall endeavour to avoid this situation from occurring.
Should underlying rock or building rubble be found after quotation, the contractor will re-evaluate the situation and calculate the cost implications. This shall be for the clients account, over and above the original quote.
8. Change Management.
The quote is detailed to provide a transparent schedule of costs to the client. Any changes thereto will require changes to the quote and additional costs relating to these changes will be for the client’s account. ‘Ladies That Mulch Ltd’ will endeavour to ensure that the client is informed of such costs during the course of the project. All details of such costs will be provided to the client in writing.
9. Liability
The Contractor’s liability for damage caused by it or its employees shall be covered for the duration of the project. ‘Ladies That Mulch Ltd’ has public liability insurance for £1,000,000.
10. Force Majeure
Neither party shall be under any liability to the other party for any loss, damage, injury, delay or failure to perform any obligation hereunder if the same is wholly or partly caused, whether directly or indirectly by circumstances beyond its reasonable control.
This agreement constitutes the entire agreement between the parties and the client acknowledges that there are no collateral oral agreements or conditions in any way varying this contract. Any terms or conditions varying, or consensually cancelling this agreement shall be in writing and signed by both parties hereto.
11. Delay or Cancellation
If you opt to delay the project or abandon it altogether, the balance of any fee for outstanding hours worked will be due to us. All design work commissioned is fully chargeable, whether or not you are prevented from or decide not to install any design element.
12. Copyright and Intellectual Property Rights
Having first asked your permission to take photographs, those taken by Ladies That Mulch are copyrighted to us and we reserve the right to use photographs of the garden, before, during and after completion in promotional material, to illustrate our work. Only generic descriptions are used and no material used will include the client’s personal information.
All sketches, designs, concepts, plans and documents prepared by us are the intellectual property of ‘LTM’ and subject to copyright which remains ours notwithstanding the payment in full for the Design Services.
13. Confidentiality
We will treat all personal and business information supplied by you as confidential and not disclose such information to a third party without your prior permission, except where required by law.