Johnnie Amos

Johnnie Amos Garden Designs | Tel/Fax: +44 (0)1327 349080 | Email: Johnnie@Johnnieamos.co.uk
Registered Address: The Old Bakery, Sutton Street, Flore, Northamptonshire, NN7 4LE

The Following terms and conditions shall apply and are to be incorporated into the Quotation supplied and shall apply unless expressly modified in writing and signed by the client.

1. SCOPE OF WORK

1.1 The ‘Garden Design’ shall be carried out within the parameters set out between the client and the designer which shall include all or part thereof as follows: Any hard landscaping including Paths and Terraces, Arbour, Water features, Bog Garden , Automated watering system, Focal points or Special features. Planting –i.e. Trees, Shrubs,  Climbers, Herbaceous plants, Perennials, Mixed, Evergreens and planting for winter/spring.

1.2  An initial site visit will take place to discuss the proposed changes between the client and garden designer, and the designer will undertake a soil ph analysis, garden aspect  details and garden dimensions in relation to the house and any outbuildings/trees or  garage/s.
1.3  Co ordination of the design, can also be undertaken by the garden designer, this involves working with  -  The Landscaping company, Electricians, Stone Masons and suppliers of specific artistic or sculptural work or other contractors. The cost of coordinating the project is 15% of the overall project cost.
1.4 The client is responsible for obtaining any necessary planning or other permissions for the works and fulfilling statutory requirements.
1.5 No qualification in any acceptance issued by the client shall form any part of the contract unless specifically agreed to in writing by the designer.

2. QUOTATION

2.1 Once the details have been confirmed between the client and designer and the contract (terms and conditions) has been duly signed and dated, the undertaking of the design will take place.
2.2  A quotation shall remain open for acceptance within 30 days of the date shown and thereafter lapses unless agreed in writing with the garden designer.
2.3  All drawings are copyright and are the property of the designer.
2.4  Acceptance of the garden designers quotation involves acceptance of these terms and conditions and will lead to a binding contract between the parties. It should be noted by the client that any attempted or any actual cancellation thereof by the client may involve the client in a claim for recovery by the garden designer of any loss or expense incurred as a result, including for loss of profit.

3 PAYMENT

3.1 15% of design cost as deposit with signed contract.
3.2 The client is to pay the garden designer the sum agreed for the garden design drawings, within 10 days of submission of invoice. The design executed is independent of any contractor‘s work e.g. (Landscaping , Electrical or  other  )  and is irrespective of any changes  in circumstances . Interest will be charged from the due date of payment of all invoices at 4% above the Banker’s base lending rate, per annum until actual payment.
3.3 Payment for all coordination work i.e. Landscapers, Electricians etc shall be the responsibility of the client. Interim payments may be requested during the project and will be passed on at regular intervals to the client for payment, when the designer / coordinator is satisfied with the account.
3.4 The designer accepts no liability of payment between the Client and the Contractor.
3.5  All contractors are responsible for their respective Terms and conditions and liability insurance.

4 VARIATION OF DESIGN

4.1 The design carried out based on the Clients request may undergo one alteration if necessary without charge. 4.2 The price of any additional work will be treated as a variation, and will be based upon costs by the hour, prevailing at the date of the instruction.

5 THE SITE
5.1 The client warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations or former buildings or other hazards or obstructions which are not discoverable on visual inspection of the surface of the site or made known in writing by the client to the designer or contractor prior to the date upon which the designer or contractor submits the quotation overleaf. If the client breeches the above warranty, the contractor shall be entitled to make a reasonable charge for all additional work necessary and properly executed by the designer or contractor as a result.
5.2 The designer or contractor shall incur no liability for any delays or non-performance arising force majeure, adverse weather conditions, strikes, lock-outs, war or other hostilities, or any event beyond his reasonable control, in whole or in part. In addition the designer or contractor shall be entitled upon application by him to a reasonable extension of time from the client of any such matters referred to above.

6. MATERIALS ON SITE
6.1 Materials delivered to the site become the responsibility of the client and neither the designer or contractor accepts  responsibility for loss, damage or expense after the delivery of materials to the site for any reason, including pilfering while materials are on site during the course of the contract works, where such loses are beyond the designer or contractor’s reasonable control.
6.2 All materials brought on site by the designer or contractor that prove to be in excess of requirements, shall remain the property of and shall be removable by the designer or contractor, who shall have the right to enter that site for the purpose.
6.3 The contractor or designer maintains ownership of all materials until payment has been received from the client, if not paid, if they so wish, can remove the materials from site as ownership would be maintained by the supplier of the goods until they have received payment in full.

7 WARRANTIES

7.1 Plants and trees planted will be true in name, healthy when planted. Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond the designer or contractor’s control. However, providing the planting has been maintained in accordance with maintenance notes issued by the contractor. Consideration will be given to the replacement of any material found to be defective during the first growing season if notified by the client in writing and inspected by the contractor.
7.2 This contract shall be regarded as an English contract and shall be construed and the rights of parties and all matters arising hereunder determined in all respects according to the law of England and Wales.

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