In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
Us/We/Our: means Honesty Gardens of 11 Upper Valley Road, Sheffield, South Yorkshire, S8 9HA;
“You/Your” means the person who purchases and/or receives Services from Us:
“Contract” means the contract between Us and You which shall be deemed to incorporate these Terms and the terms on any individual Order You may receive;
“Goods” means any products, plants or materials supplied by Us to You;
“Services” means the Services, (including Our Regular Maintenance Service) and any Goods detailed in the quotation to be supplied by Us to You;
“Order” means the quotation and Terms provided by Us describing the Services requested by You and accepted by Us and detailing the estimated price to be paid and estimated timescales for delivery of the Services.
- THE CONTRACT
The Contract shall be on these Terms, incorporating the terms on Your Order, to the exclusion of all other terms and conditions. If any conflict arises between these Terms and any terms of the Order the terms of the Order shall prevail.
The Contract will commence when You sign and return Your quotation together with these Terms.
If You have ordered Goods or one-off Services the Contract will terminate upon delivery of those Goods/Services.
Where You have ordered repeat or ongoing Services, including Regular Maintenance, the Contract will continue in full force and effect for a period of 12 months unless and until terminated earlier by either party in accordance with these Terms. Thereafter this Contract will automatically renew itself on the first and subsequent anniversaries of this Contract unless and until otherwise terminated in accordance with these Terms.
Once You have placed Your Order the cancellation terms contained below apply.
- THE SERVICE
We will provide garden design, implementation and maintenance services, which may include without limit, initial design and artwork, planting plans, labour for implementation and maintenance, access to quality sub-contractors for hard-landscaping elements, supply of materials and where required complete project management, on dates and at locations as are more specifically defined and confirmed within Your Order. All times and dates are estimates only and may vary as a result of, without limit, adverse weather conditions and/or the availability of suppliers/sub-contractors. Unless We have agreed to project manage the entire of the Services contained in the Order You will be responsible for entering into contracts with any 3rd party contractors directly. We do not accept liability for the actions or inactions of any 3rd party contractors. Where We recommend a 3rd party to You We do not warrant the quality of work or the reliability of that party.
We reserve the right to utilise the services of specialist 3rd party suppliers to deliver elements of the Services detailed on Your Order.
We shall be responsible for organising and ensuring all Services ordered under this Contract are delivered in an efficient manner, including as regards how and in what order activities are undertaken, but shall liaise with You from time to time to ensure that reasonable due account is taken of the impact of the timing of any activities upon any of Your other activities.
For the avoidance of doubt, unless otherwise provided in Your Order, and except as otherwise provided herein, You shall pay any additional charges which are incurred as a result of:
i. additional work required or requested, including without limit, additional meetings, works, goods/accessories/consumables or any changes requested by You which are outside the scope of this Contract; and/or,
ii. delays caused by You or Your 3rd party suppliers or matters otherwise outside Our reasonable control.
Such charges shall be in addition to all other amounts payable under this Contract, despite any maximum budget, contract price or final price identified herein.
We may extend of modify any delivery schedule or deadlines in the Contract as may be required by any of the circumstances contemplated above and We will use Our reasonable endeavours to notify You before any extra charges are incurred.
Any such additional charges will be at Our then current standard daily rate unless otherwise agreed.
- REGULAR MAINTENANCE
Regular Maintenance is a service option available to provide for the servicing of Your gardens needs at regular intervals. The Service involves a 3 month set-up period whereby any outstanding maintenance, planting, weed-control etc issues are identified and dealt with, followed by a steady state phase which will involve a regular set of activities as further detailed on Your Order or as otherwise advised from time to time.
You are responsible for:
Ensuring Your instructions to Us are clear.
Ensuring We have access to the site and to power/water on the dates indicated in the Order and any others as may be advised from time to time.
Notifying Us of any special requirements or alterations to the original quotation You may have.
Notifying Us of any special considerations Your property may have
Ensuring any materials to be supplied by You are of satisfactory quality and made available within the timeframes requested as may be required and advised from time to time.
Insuring any materials supplied by Us whilst on Your site.
We are responsible for:
Informing You of the progress of the delivery of Your Services.
Delivering the Services with all reasonable skill and care, and in full compliance of relevant established current professional standards and safety requirements.
Informing You of any circumstances that arise which affect the delivery or cost of services.
Providing insurance for goods from taking receipt of them to delivering them to You.
- PRICE AND PAYMENT
The price for the Services will be set out in Your Order and unless otherwise stated excludes any 3rd party costs or the costs of materials which are not yet known but will form part of the Services, which if applicable will be agreed separately.
Our minimum call-out or service charge is £40, thereafter all labour is charged in half hour increments.
The price for the Services is exclusive of any taxes applicable at the time of invoicing. We are not VAT registered at this time.
If Your Order is for a one-off Service We will require a deposit of 50% of the total price, the balance becoming payable immediately on completion and within 14 days of the date on the invoice unless otherwise stated in the Order.
Further upfront or staged payments may be required should an assignment involve a design phase or be lengthy or complex or if any materials or 3rd party Services have been requested and if applicable will be detailed on Your Order.
If You have selected Our Regular Maintenance Service, We will require payment monthly in advance payable by standing order.
Any queries relating to an invoice must be received within 7 days from the date of the invoice. Until a query is resolved You remain liable to pay the undisputed part of an invoice within the original timescale detailed on it.
If payment is in arrears late payment charges will be levied on a daily basis at 8% above the then current Bank of England base-lending rate. We reserve the right to levy additional charges for late payment, including an administration fee of £40 for each notice of late payment We issue to You and will take all action required to recover any sums outstanding.
Payment can be made by cash, cheque, or direct bank transfer. Where payment is made by cheque the cheque should be made payable to Honesty Gardens. Bank details for direct bank transfers can be made available on request.
Once an Order has been accepted in writing by Us the cancellation terms contained below apply.
- RISK AND OWNERSHIP OF GOODS.
We will retain ownership of any Goods delivered, added to or replaced as part of the Services until We have received in full in cleared funds all sums due to Us in respect of the Services and all other sums which are or may become due to Us from You on any account. Until ownership of such Goods has passed to You, You will be responsible for ensuring they remain in satisfactory condition and fully insured.
We aim to deliver full customer satisfaction. To help Us do this We will ask that You check Our Services at various stages of delivery prior to their completion and tell Us straight away if You are unhappy and We will endeavour to rectify any reasonable problems. Unless a fault occurs that is covered by the provisions below, We are unable to make any alterations to the Services requested once You have signed off the work and We have left site.
We will warrant any Goods that form part of the Services under Your Order for a period of 3 months. We will warrant that the labour elements of the Services under Your Order are of satisfactory quality for a period of 3 months from delivery of the Services. We will not be liable for any claims under this Warranty where the Goods are found to have been used and/or stored other than in accordance with the guidelines supplied or misused in any way, or where any faults are as a result of general wear and tear or the failure or inadequacy of works carried out on the Goods either during installation by another party or prior to or subsequent to the provision of the Services by Us. In all cases the warranty does not cover the labour involved in correcting any faults save where a fault has arisen as a result of Our negligence.
Please note that where We are requested to return to Your site to repair/replace items under this warranty which are subsequently found not to be faulty or the faults in which are not as a result of Our action or inaction We will charge a call out fee and labour charges at Our then current rates.
If You wish to make a claim under this warranty, please notify Us immediately by phone or email quoting the Order reference number.
- INTELLECTUAL PROPERTY.
You acknowledge that all intellectual property rights, including copyright and design rights in or relating to a design or plan provided to You, remain the sole property of Us. You have the right to make copies sufficient for Your own needs only and to utilise the design(s) or plan(s) as You may require
- LIMITATION OF LIABILITY
Neither party shall have any liability for any indirect or consequential losses or expenses, including but not limited to loss of or damage to anticipated profits, contracts, reputation, goodwill, labour costs or losses or expenses arising from 3rd party claims.
Notwithstanding the above clause and save in the case of death or personal injury caused by Our negligence, for which Our liability shall be unlimited, Our liability under this Contract shall be limited to the price paid by You for the Services and in the case of any Warranty claims to the price of the individual element of the Services to which the claim relates.
In respect of the Services, We shall not be liable for any loss or damage incurred as a result any act or omission of Yourselves, or Your employees, agents, representatives, 3rd party suppliers or any persons for which You are at the relevant time responsible, including without limitation, failure to adhere to any element of advice or recommendations communicated to the You, whether in writing or verbally. We will not be liable for any loss of any kind arising from Your use or inability to use
the Service or from errors or deficiencies in any part of it whether caused by negligence or otherwise except as expressly provided herein.
In accordance with ‘The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008” We are providing You with notice of Your right to cancel Your agreement with Us.
You can exercise Your right to cancel by delivering or sending (including by electronic mail) a notice of cancellation in writing to: Helen Warburton, Honesty Gardens, 11 Upper Valley Road, Sheffield, S8 9HA within the period of 7 days starting on the date You receive Your copy of this Agreement. Your notice of cancellation is deemed to be served as soon as it is posted or sent to Us by email.
Please note You may be required to pay for goods and services supplied to You by Us prior to receiving Your notice of cancellation if You requested on Your Order that these goods or services should be delivered before the end of the cancellation period.
If You have entered into a credit agreement with Us this will automatically be cancelled when You send Your notice of cancellation.
For Your convenience We have included a cancellation form below should You wish to use it. You are free to notify Us using whatever form You wish as long as Your notice is sent in accordance with the above details.
Once an Order has been accepted and the statutory right to cancel period has expired if You have to cancel an Order You have placed the following terms apply:
Payment for any Services already commenced, whether partially or fully completed will be due immediately. Without limit this includes; payment for time already spent on plans, artwork, meetings, and site visits.
In relation to any Goods or 3rd Party services ordered on Your behalf as part of an Order(s) You will be liable to Us for the full amount detailed in Your Order, save that any amount will be adjusted to reflect any refunds obtainable by Us from the supplier or contractor less any applicable cancellation / carriage / packaging / storage fees and minus a 20% charge to cover Our administrative costs.
You may not cancel Our Regular Maintenance Service in the set-up phase, thereafter We require 3 months written notice to cancel this Service.
In relation to all other elements of the Services;
If You are able to give more than 30 days notice prior to commencement of the Services We will retain Your deposit and You will have no further liability to Us.
If You give less than 30 days notice of Your cancellation of this Agreement We will retain Your deposit and You will have to pay Us the remaining balance of the Order, less the value of any refundable items as detailed above.
All termination or cancellation requests must be received and agreed in writing by Us.
The date on which the letter, fax or email is received by Us will be deemed as the date the request has been made.
Where We have submitted draft designs and/or reports/plans etc for Your comment/approval You are requested to respond within 30 days. After this time, if You have not contacted Us with Your requirements, We reserve the right to invoice You for the work undertaken and any applicable cancellation charges as detailed above.
- FORCE MAJEURE
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
The failure by Us at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion
You may not vary this Contract unless it is specifically agreed in writing and signed by Us. We may vary this Contract by notifying You in writing of the proposed variation, such variation will be deemed accepted if We do not receive a response from You within 15 days.
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.