TERMS AND CONDITIONS
Our terms and conditions form part of the Contractual Agreement and any alteration to these Terms and Conditions must be in writing and agreed by Longstock Park Landscapes.
These Terms & Conditions apply to:
Design All Garden Design Services
All Design Commissions Including Concept Design Work, Sketch Proposals, Colour work.
All creative consultancy. Hard Landscaping Services (construction) All work relating to hard landscaping i.e. construction work prior to planting Soft Landscaping Services (plants and planting)
All plants supplied and planted
Services relating to garden coaching
Quotations, Contract Agreements & Fees
1. Definitions: The ‘Company’ means Longstock Park Landscape Gardeners & Landscape Design registered to Longstock Park Landscapes. ‘The Client’ means the person or persons that request, commission Longstock Park Landscapes to carry out work.
2. Prior to any works commencing, the Contract Agreement must be signed and returned to Longstock Park Landscapes. The Contract Agreement includes our quotation to the customer and our terms and conditions.
3. Upon signature of the quotation by the Client, 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. A contract will also be formed as a result of any verbal orders or alterations from the Client regarding previously agreed work. Both the Client and the Company will hold a signed copy of these terms and conditions, which will act as a binding contract between them.
4. Any variations should be confirmed in writing by the Client, whereby Longstock Park Landscapes will advise of any cost increases or savings. Any items not clearly stated, will not be undertaken.
5. It is the customer’s responsibility to advise Longstock Park Landscapes of any mains services, such as electricity, gas or telecommunications, not buried to the
statutory depth, or indeed any matter of potential concern in regard to Health & Safety, prior to our arrival on site. Longstock Park Landscapes cannot accept responsibility for damage or interruption of any service of which they have not been notified in writing.
6. Prior to any design works proceeding, the first payment must be made to Longstock Park Landscapes. This can be paid by cheque or bank transfer as detailed on our invoice.
7. The ‘Design’ includes the works stated below only. Depending upon the agreed contract this may be:
Brief & Consultation Meeting
Concept Meeting (if needed and stated as included).
Presentation Meeting.
All additional work will be charged at our hourly rate of £65.
8. It is at Longstock Park Landscape’s discretion to decide if we require further site visits to re-evaluate the garden or check details before or during the design works. These visits would be officially arranged and are to allow Longstock Park Landscapes to spend more time in the garden during the design process.
9. All additional meetings and site visits beyond what was agreed are at Longstock Park Landscapes discretion as above and will be chargeable at the stated hourly rate. This includes all additional meetings with the Client, Contractors of any kind presently working on the site or visiting the site, Architects and all other professionals.
10. All design revisions are chargeable at the stated hourly rate. (£65)
11. All concept designs included in the contract are concepts only. Any further requests to develop a concept design will be chargeable at the stated hourly rate.
12. Longstock Park Landscapes does not give discounts on the quotation.
13. All design works commissioned are fully chargeable. If the Client decides not to install any design element this will be at the Client's discretion and the Client’s responsibility. Should the Client choose not to have the project constructed for any reason, the agreed design fee remains payable. Payment will be due 7 days from the date of the invoice.
14. In cases where the Client opts to delay construction, the balance of the design fee will be due upon completion of the design and any design identified stage. Payment will be due 7 days from the date of the invoice.
15. Unless otherwise agreed and written in writing, signed by both Longstock Park Landscapes and the Client, all payments are due 7 days from the date of the invoice.
16. All the fees are based on known conditions at the time of viewing.
17. Travel time is charged at the stated hourly rate. All overnight expenses, if applicable, will be chargeable to the Client.
18. The obligations of Longstock Park Landscapes are limited to the design content of the plans provided. Longstock Park Landscapes cannot be held responsible for any faulty workmanship carried out by a third party contracted by the Client.
19. All consultancy, ongoing design involvement post the design works or outside of the design agreement, will be charged at the stated hourly rate. Please see item no. 7. This may be required on current ongoing construction sites where exterior decisions; design issues and elements need to be addressed and where building works have proceeded before Longstock Park Landscapes has been commissioned. May be relevant concerning new builds, house renovation works, house refurbishments and sites where any construction work has begun.
20. Project management will be charged at the stated hourly rate, a percentage of the project, or an agreed sum. This will be individual to the project depending upon the scope of works, designer involvement and would be agreed upon.
21. Where detailed structural work is involved (e.g. drainage, retaining walls over 1m, foundations, garden buildings and other structural elements), Longstock Park Landscapes recommends professional advice is sought from a structural engineer before any implementation of the design or design concept, the costs of which will be borne by the Client. Longstock Park Landscapes cannot be held responsible for failure to do so or be held liable for any of these costs or consequences for not consulting a structural engineer or other professional.
22. During the tendering process and the garden build, Longstock Park Landscapes can and may introduce the Client to potential contractors. However, any contract arranged will be between the Client and the Contractor. Longstock Park Landscapes cannot be held responsible for any faulty workmanship by the Contractor.
23. Longstock Park Landscapes shall not be liable for any indirect, incidental or consequential damage, including, but not limited to, lost profits of any kind.
24. All quotations are valid for 15 days and may be subject to alterations after that date.
25. Hourly rates are calculated to the nearest quarter of an hour.
26. Late payments: The Company reserves the right to charge interest on any late payments. Interest will be charged at 10%, compounded weekly. The Company may also charge the client £25 for each presentation of unpaid cheques and any administrative fees levied on the Company by a financial institution for such presentations.
Creative Consultancy & Garden Coaching
27. Creative Consultancy & Garden Coaching is subject to all the terms and conditions stated. In addition, all Creative Consultancy and Garden Coaching work is based upon time on site, all pre-meeting preparation and post-meeting design or documentation follow up, sundries such as printing, postage, and travel. Payment is due 7 days from the date of the invoice.
Initial Visit
28. Longstock Park Landscapes services include a free consultation visit within 20 miles of the postcode SO20 6EH. The visit will last no longer than 1 hour. Following the visit, the Client will be sent a garden report which is a summary of the proposed work. All additional work outside of the visit and the report will be chargeable in line with our Fee Structure plus VAT, charged at the current rate.
Ongoing Works
29. Upon receipt of a signed copy of the quotation, Longstock Park Landscapes will provide an approximate proposed date for the works to be undertaken, which will be confirmed prior to commencement.
There may be cases such as adverse weather or ground conditions, which require us to reschedule your work. If this occurs, Longstock Park Landscapes will make every effort to keep you advised, but can unfortunately accept no liability for any costs incurred by the Client should this happen.
In the interests of Health & Safety, we ask that the customer please make every reasonable effort to remove pet waste from lawns and borders, and to ensure access points are clear before our visit. Vehicles are ordered off the public highway at the customer’s sole risk.
Sundry Costs
30. All printing, printing sundries and postage will be chargeable. The processing of reference photographs and the printing of plans and other documents are charged at cost plus profit & overhead.
Copyright & Intellectual Property Rights
31. All sketches, designs, concept designs, plans of any description and documents prepared by the Longstock Park Landscapes Garden and Landscape Design are the intellectual property of the Company and are subject to the copyright laws of England. Longstock Park Landscapes and Waitrose.
All design works are copyrighted to Longstock Park Landscapes. All rights reserved. All design work remains the property of Longstock Park Landscapes Garden & Landscape Design.
Copying, lifting or sharing a design or design element is prohibited by the copyright. All photographs taken by Longstock Park Landscapes or of Longstock Park Landscapes Gardens and shared with the Client by Longstock Park Landscapes are copyrighted to Longstock Park Landscapes and Longstock Park Landscapes Garden & Landscape Design. All rights reserved.
Unless otherwise agreed, plans and images of your garden can be used in subsequent promotion to illustrate work completed by Longstock Park Landscapes Garden & Landscape Design. On the condition that Client’s anonymity is preserved, and their privacy respected.
All rights reserved©.
Payment
32. For works with a value under £1,000 including VAT, no deposit is required.
The full balance shall become payable immediately on completion of the works.
For works with a value over £1,000 including VAT, a 25% deposit is payable upon acceptance of the quotation, with the balance due upon completion of the works.
Longstock Park Landscapes will invoice in stage payments for all works completed where a project extends beyond 4 weeks.
The full balance shall become payable immediately on completion of the works.
VAT will be shown separately on all invoices, and at the current rate.
The customer must make Longstock Park Landscapes Aware if any of the work is VAT exempt and provide the relevant documentation.
Vouchers such as JL or HTA can be used against plants purchased but not hard landscape works or Labour. The customer must make Longstock Park Landscapes aware that they intend to use vouchers at the start of the project.
Longstock Park Landscapes reserve the right to withdraw from site should the payment terms not be adhered to. Title and ownership of materials shall not pass to the Client until full payment has been received, and the Client agrees to allow Longstock Park Landscapes reasonable access to retrieve such materials in the event of non-payment, should all other attempts at reconciliation fail.
Guarantees & Assurances
33. All plants supplied and planted by Longstock Park Landscapes & Longstock Park Nursery are guaranteed for 12 months, on the condition that they are maintained and properly watered by the Client. Unless specifically included, plant and/or turf maintenance shall not be included in our quotation. The maintenance and watering of plants and turf shall become the responsibility of the Client upon completion of the works.
Should a replacement plant be required which is not available, Longstock Park Landscapes respectfully reserve the right to provide a suitable alternative.
Longstock Park Landscapes accept no responsibility for defects over and above plants failing to break out into leaf unless a formal maintenance contract between the Client and Longstock Park Landscapes has been entered into.
Note, for some precast and natural stone products, these may display colour or texture variations. Longstock Park Landscapes shall not be liable for any cost involved in the replacement of these products unless they exceed the supplier’s manufacturing tolerances, and where this is deemed appropriate.
Some timber products may suffer splits, deformation or colour variation as a result of weathering. Longstock Park Landscapes will not be held liable for the normal, expected deterioration or variation of such products, including fading.
All stone and timber products, along with workmanship through their installation, come with a 12-month guarantee. A longer warranty period will be honoured where this is covered by a manufacturer’s warranty.
Longstock Park Landscapes takes your privacy seriously and will only use your personal information to administer your account and provide the products and services you have requested from us. Our Privacy Statement is available on our website www.leckfordestate.co.uk
Our products and services are ethically sourced with sustainability at the forefront of our product choice and Peat free plants our preferred choice. All flower pots we use when planting are recycled, even the Black plastic pots.
Cancellation
34. In the event of a cancellation a charge will be made for any works undertaken and will be charged at the stated hourly rate plus a £50.00 cancellation fee. Payment is due 7 days from the date of the invoice. This will include time at the stated hourly rate for all travelling, site visits, meetings off site, consultations, plant sourcing, material sourcing, nursery visits, and any concept design or design work which has proceeded. This includes anything connected to the design commission, ongoing design involvement, post the design being completed and all project management to date of cancellation.
35. Law: These terms and conditions shall be subject to the Laws of England & Wales, and the Client agrees to be bound by the exclusive jurisdiction of these courts.
Professional Indemnity & Public Liability
36. Longstock Park Landscapes holds Professional Indemnity and Public Liability Insurance.