Client Terms and Conditions

Client Work Agreement / Terms & Conditions

1. Definitions

1.1 ’The Client’, ‘You’, ‘Your’ shall mean the person, firm or company who requests design and/or landscaping and/or associated works from Heard Landscapes Ltd. The Client shall be responsible for all payments to the Contractor unless otherwise notified in writing prior to commencement.

1.2 ’The Contractor’, ‘I’, ‘We’ shall mean Heard Landscapes Ltd. The Contractor will be responsible to the Client for works as described in the Specification.

1.3 ’Project Manager’, ‘I’, ‘We’ means Ms Rebecca Heard, Founder of Heard Landscapes Ltd, who shall oversee all aspects of the Works.

1.4 ’Sub Contractor’ means a third party landscape construction company, chosen by the Client and contracted to build the landscape to the Specification provided.

1.5 Quotation means the written estimate provided by the contractor for completion of the design and/or landscaping works.

1.6 Site means the location where the works are to be performed by the Contractor.

1.7 Specification means the documents including detailed plans and/or drawings describing the works provided by the Contractor. These include but are not limited to: Design Brief; Landscape Design; Planting Plan.

1.8 Works means the design and/or landscaping work to be carried out by the Contractor or a

Contractor appointed Sub Contractor, in accordance with the Specification. Nothing in these Terms and Conditions shall affect the Client’s Statutory Rights as a consumer.

2. Initial Consultation

2.1 Before I provide any Design Services there is an initial consultation(s). This initial contact is usually by email, phone or video call, where we can discuss ideas, requirements and expectations for your project. I will make comprehensive notes that will form the basis of the Quotation and Specification documents.

2.2 There is no charge for the Initial Consultation.

3. Design Fees & Payment Schedules

3.1 After the Initial Consultation the Contractor will provide a Design Quotation for our design services, costs and payment schedule. Quotations will remain open for acceptance for 21 days.

3.2 The Design Quotation is based on the Contractor’s best assessment of the time it will take to carry out the design services requested. If I find it will take more hours than estimated to complete the design services these hours will be chargeable to the Client but will not be worked nor charged for without consulting you first and receiving your agreement to proceed.

Terms and Conditions

Latest edit January 20253.3 Fees described in the Proposal/Quotation may be charged at an hourly rate or a fixed amount for specified work. Site visits charged as agreed. Mileage if charged is at 45p per mile. Other transportation fees, such as but not limited to, bus, train, tube, taxi, will be charged back to the Client as appropriate.

We will require written confirmation (email or postal letter) that you accept the Design Quotation and these Terms and Conditions before we proceed with any design services.

4. Design Process

Below is a general guide to the design process. Depending on the nature and size of the individual project, additional site visits, meetings, discussions and drawing stages may be required.

4.1 The Landscape Survey

4.1.1 An accurate scale survey of the Site is required to produce the design. Small, straightforward spaces such as gardens can be surveyed by the Designer and one other. For larger or more complex spaces, a specialist land surveyor may be required which We can arrange or make a recommendation of a service provider if the Client prefers.

4.1.2. If the Client directly instructs a surveyor, the contract between the two parties, including fees and payment terms will be entirely separate to Your contract with Heard Landscapes Ltd.

4.1.3 With some larger or more complex projects, depending for example on factors such as topography and the size and scale of the project or the complexity of the site, including existing or proposed structures and ground conditions, it may be necessary for you to engage a specialist land surveyor to carry out the survey, or a building surveyor to advise upon some aspects of the site and the proposed design. If you do not know a surveyor who you wish to appoint then I can recommend a surveyor to whom I refer clients. The contract between You and the surveyor, including fees and payment terms will be an entirely separate contract between You and the surveyor. It is usually beneficial if I meet the surveyor on site on the day of the survey, to discuss the site and any particular requirements You have.

4.1.4 You agree to obtain any Planning Permission or licences or other consents required for the landscape project and provide details of any Tree Preservation Orders and any/all other restrictions. You agree that You will cover any fines or damages and indemnify Heard Landscapes Ltd from and against any costs, claims, damages liabilities and expenses arising from any breach of planning permission, tree-work or licences in respect of the project, if these consents are not obtained. You agree to carry out correct and regular horticultural maintenance to facilitate the ongoing establishment of the garden after completion.

4.2 Concept Design

4.2.1 First stage is the preparation of the Concept Design document. At this stage, a spatial design will be prepared which shows the configuration and layout of each element. Precedent images will show the design intent of our proposals to help visually illustrate our idea.

4.2.2 Upon completion of this stage of work, Heard Landscapes Ltd will present our Concept Design document to You via an online meeting for Your comments and feedback.

4.2.3 The design fee includes one design revision post Your feedback. Further design amendments will be charged at an hourly rate.

4.2.4 Heard Landscapes Ltd will seek your written approval at the end of Concept Design phase before progressing onto the Detailed Design phase. If further discussions, meetings and amendmentsregarding the Concept Design are required post sign off, these may be subject to additional charges for work over and above that which was initially estimated and/or agreed, and will be discussed with You first.

4.2.5 If at this stage You decide not to go ahead with our design for any reason, You are still liable for Our consultancy and design fees.

4.3 Detailed Design

4.3.1 Upon approval of the Concept Design, a full tender package of details and plan will be drafted to allow for contractors to provide an accurate quote for Your project. During this phase, all materials will be specified and construction details produced for your approval.

4.4 Planting Design

4.4.1 This is a separate design drawing, priced separately in the Proposal/Quotation and is undertaken after the Concept Design has been approved by You. The Planting Plan outlines the plants, trees and shrubs we intend to source for your landscape project.

4.4.2 Plant sourcing is an additional service, which will be charged at an hourly basis, upon which an estimate of time will be given before hand and agreed with The Client. Good quality plants are supplied by Heard Landscapes Ltd in accordance with the Planting Plan as per the agreed plant list (subject to availability) and in the quantities required for the design.

4.5 Construction

4.5.1 The Client shall provide access to the Site at all times, and water and electricity at no charge to the Contractor during working progress. Use of welfare facilities is to be agreed before Works commence.

4.5.2 Materials delivered to the Site become the responsibility of the Client, and the Contractor accepts no responsibility for loss, damage or expense after delivery of the materials to site for any reason. Unfixed materials and goods delivered, placed on or adjacent to the Site and intended for use in connection with the Works shall remain the property of the Contractor until the value of such materials and goods have been included in any interim or final payment and the amount has been discharged whereupon such materials and goods shall become the property of the Client.

4.5.3 The Contractor and/or Sub Contractor shall carry out and complete the Landscape Works described in the Specification documents using reasonable care and skill, and in a proper and workmanlike manner. They shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties.

4.5.4 Any additional work or alterations required by the Client beyond those outlined in the Specification must be requested in writing to the Project Manager and will be subject to separate payment and be charged as required.

4.5.5 Site personnel have no authority to alter the contract in any way. Additional work or alterations agreed with any site personnel other than the Project Manager or carried out without the knowledge and approval of the Project Manager, except in an emergency, may result in the termination of Works by the Contractor. All emergency works must be reported to the Project Manager at the earliest opportunity.

4.5.6 Should the termination of Works take place the Client remains liable for any costs (including, but not limited to, labour and materials) incurred by the Contractor up to and including the date of termination.4.5.7 The Contractor and/or Sub Contractor cannot be held responsible for any damage to, or costs relating to any underground hazards, obstructions or services not made known in writing prior to the commencement of the Landscape Design. Should any underlying rock, services or building rubble be found after Quotation, the Contractor reserves the right to charge as required for the additional works to remove and dispose of this following consultation with the Client.

4.5.8 The Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time. The Contractor shall incur no liability however for any delays or non-performance arising from force majeure, adverse weather conditions, strikes, lock-outs, war or other hostilities or any active event beyond our reasonable control.

4.5.9 After you have appointed your Sub Contractor, any changes to the design requested by You during the construction stage may well affect your contract with the Contractor and all resulting cost implications and extensions of time (if any) will need to be agreed between You and the Contractor before You request a change in the design by Heard Landscapes Ltd. The Client will be liable for covering additional design fees should design changes be needed post Detailed Design stage.

4.5.10 The Contractor is not able to accept responsibility following practical completion for any damage caused by adverse weather, animals or any other physical action beyond our reasonable control.

4.5.11 The Client remains responsible at all times for any matters regarding Licences, Permits, Planning Permission or similar Legal requirements.

4.5.12 The Contractor shall hold and maintain in force all such Insurance cover as may be required including Public Liability, Employers Liability and Indemnity Cover.

4.6 Party Walls/Structural Work

4.6.1 Where detailed structural work is involved such as retaining walls, foundations and buildings including matters covered by the Party Walls Act it is recommended that You seek professional advice from a building surveyor and/or structural engineer in addition to your appointed Contractor.

4.6.2 Heard Landscapes Ltd accept no responsibility and cannot be held liable if You do not seek appropriate advice before and during the construction works.

4.7 Our Role During Construction

4.7.1 Heard Landscapes Ltd will make agreed site visits during the construction works, to liaise between You and the Sub Contractor if You request, and to help ensure that construction is progressing in accordance with the design.

4.7.2 Heard Landscapes Ltd will notify you of discrepancies between the design and the actual works being delivered so that the Sub Contractor may take steps to rectify such changes as You see fit. Heard Landscapes Ltd is not liable for any deviation from the design carried out by a third party Sub Contractor, and rectifications must be agreed by You and the Sub Contractor.

4.7.3 An estimation of the number of anticipated visits will have been given and will be charged as per the agreed cost per site visit. Liaising with the Contractor and You also presents opportunities as the project takes shape, to see if, subject to Your approval, there may be small adjustments or variations that could be made to enhance the final result and is a valuable fine-tuning element of the construction.

5. Additional Specialists

5.1 Depending on the nature of Your landscape project and the physical works required, You may need to source advice from additional specialists including, but not limited to, Structural Engineers, Drainage Specialists, Lighting Specialists, Architects, Your local Council. Heard Landscapes Ltd cannot be held accountable, and will likely insist on ceasing work immediately, if You decide not to be advised by Specialist we have deemed necessary. Heard Landscapes Ltd will not be liable for any additional costs incurred by the requirement of Specialist input. Garden Lighting

5.2 If lighting provision is required Heard Landscapes Ltd can produce an outline lighting plan for a qualified Electrician to then design and cost a full electrical specification for you. All electrical works must be carried out and signed off by a qualified Electrician. The contract between You and your appointed Electrician including the cost and payment terms will be an entirely separate contract between the Client and the Electrician.

5.3 Depending on the size and complexity of a pond or water feature, this may need to be referred to a water specialist for full design, technical specification and installation and may not necessarily be included in the Contractor’s remit. If this is the case then, if requested, I can recommend a suitable specialist You can appoint directly for this aspect of the project.

6. Planting and After Care

6.1 The Contractor guarantees that all plants and trees sourced and/or supplied by us will be inherently healthy and should be planted according to standard horticultural practices.

6.2 In circumstances of plant non-availability, substitutes may be used at the discretion of the Contractor. All substitutes will be similar in colour and/or form and/or maintenance requirements to achieve the overall aesthetic as laid out in the Specification. The Contractor will liaise with the Client on any changes where possible. If substitute plants are more expensive than the plants detailed in the Specification, then the Client shall be liable to cover this cost. Any difference in the cost of substitute plant(s) will be reflected in the interim or final invoice.

6.3 If the plant sourcing service is selected, Heard Landscapes Ltd will order the plants and ensure someone (usually the Client or approved Sub Contractor) is on site to take delivery of the plants. It is the responsibility of the Client to approve plants received on site and agree to their condition upon arrival.

6.4 We will do our best to plant as laid out in the design Specification, however if planting is attempted and deemed not possible due to, including but not limited to, underground obstructions, inappropriate planting conditions or roots, we will discuss this with the Client.

6.5 Payment for the plants is required prior to Heard Landscapes Ltd placing an order with the nursery/nurseries. All plant delivery charges are charged at cost to You as charged to Heard Landscapes Ltd by the nursery/nurseries.

6.6 The Contractor undertakes to execute the basic requirements for the initial establishment of planting and grass areas, but, following the practical completion of the contract, the responsibility for proper maintenance of the site passes to the Client.

6.7 Guidance on maintenance operations will be supplied by the Contractor upon request. The Contractor may charge for this service and the amount will be added to the final invoice.

7. Supply of Defective Goods & Plants

7.1 If at the time of delivery, any goods including plants have any defect or damage, please contact Heard Landscapes Ltd immediately. In the event that you do not advise of any defect or damage to goods/ plants within 24 hours after delivery, you shall be deemed to have accepted the goods. In order to replace damaged goods there may be additional transportation costs incurred, which will be billed to the Client. In some instances We may be able to source replacement plants/goods from local suppliers in an attempt to avoid costly return and transportation fees. Should this instance arise during your Planting phase all options will be discussed with You prior to making any firm decisions.

7.2 The Contractor cannot be held responsible for any plant or tree failure as a result of adverse weather, malicious or animal damage, vandalism, neglect and/or maintenance failure by the Client, pest and/or disease damage.

7.3 In the rare occurrence of multiple plant failure (of a single variety from a single supplier) not resulting from any of the factors laid out above, replacements of the same or similar variety may be offered at the discretion of the Contractor. Removal of the original plants and replanting of the new plants will take place at no additional cost to the Client. At no time will the Contractor be responsible for more than the value of the original plants.

7.4 Plants and/or trees that are supplied by the Client will remain the sole responsibility of the Client and are covered by these terms.

8. Payment

8.1 The Contractor shall be entitled to receive payments against works completed/materials supplied at the intervals stated in the Quotation.

8.2 Payments are due on receipt of an invoice from Heard Landscapes Ltd, payable within 30 days. Late payments post 30 days will incur a £70 late fee plus statutory interest at 8% of the invoice total, plus the current Bank of England base rate. Any costs and expenses incurred to recover payment will also be charged to the Client.

8.3 The Contractor shall be entitled to suspend or terminate Works immediately if the Client fails to pay any sum due in accordance with the payment terms, or is in breach of these terms, or becomes bankrupt. In such cases, the Contractor shall be entitled to payment for all works carried out and all goods suppled at the date of termination or suspension of the contract and retain any deposit or interim payments made towards this. Any materials on site that are not fixed remain the property of the Contractor and may be removed from site by the Contractor or their agents.

9. Right to Cancel

9.1 Under the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may have the right to cancel our contract without giving any reason within 14 working days of accepting my Quotation. You will only be liable for the work carried out by me up to the date of your cancellation of my services. If Heard Landscapes Ltd is able to start working for you straightaway, before the 14 days have elapsed, we must have your express consent in writing to begin carrying out our services to start work straightaway.

9.2 If the Client wishes to terminate the contract after Works have commenced and before the completion of the Works You must do so in writing directly to the Project Manager. Works will cease immediately upon this instruction and all site personnel, tools and materials not installed shall be removed from Site. The Client shall be liable for all costs (including, but not limited to, labour and materials) incurred by the Contractor up to and including the date of termination. The Contractor shall be under no obligation to complete the Works as set out in the Specification.9.3 If You cancel or terminate the contract, You remain responsible for either, the cancellation costs incurred by me for the goods and plants that Heard Landscapes Ltd has ordered from a supplier (if these can be returned by me), or for full payment of any goods or plants that were ordered prior to cancellation or termination of the contract and which cannot be returned by me to the supplier. Until payment in full has been received for the goods supplied by me, the property and title to the goods including plants remains with Heard Landscapes Ltd and you agree that I am authorised to enter the location where the goods are held to take possession of the goods including plants and if necessary remove them.

10. Consumer Complaints

10.1 Heard Landscapes Ltd always endeavour to provide an efficient and wholly satisfactory service to all Our clients but if You have a concern or complaint regarding any work carried out or goods supplied by me, We hope that in the first instance You feel You can discuss this with Us so that We can address it.

10.2 If You prefer please put your concerns in writing by email to design@heardlandscapes.uk. We will aim to resolve the matter promptly for You but if we are unable to reach agreement We are very happy to consider a conciliation or mediation service with You to address Your concerns.

11. Copyright and Intellectual Property Rights

11.1 Having first asked Your permission to take photographs, those taken by Heard Landscapes Ltd are copyrighted to Heard Landscapes Ltd and We reserve the right to use photographs of the space, before, during and after completion in promotional material. Only generic descriptions are used and no material used will include the Client’s personal information. However, if a Client expressly requests in writing that photographs of their garden are not to be used, Heard Landscapes Ltd will agree to such request.

11.2 All sketches, designs, concepts, plans and documents prepared by Heard Landscapes Ltd are the intellectual property of Heard Landscapes Ltd and subject to copyright which remains ours notwithstanding the payment in full for the Design Services.

12. Our Insurance

12.1 Heard Landscapes Ltd have Public Liability to £2,000,000 is in place with Markel Direct (Trading name of Markey International Insurance Company Limited) and Professional Indemnity up to £2,000,000 is in place with Markel Direct (Trading name of Markey International Insurance Company Limited). Certificates of insurance can be provided upon request.

13. Confidentiality

13.1 Heard Landscapes Ltd will treat all personal and business information supplied by You as confidential and not disclose such information to any third party without your prior permission, except where required by law.

14. Limitation of Liability

To the extent permitted by law, my liability to compensate you for any loss or damage howsoever caused is limited to my fee for Design Services.

Without prejudice to the forgoing:

14.1 If You require Heard Landscapes Ltd to produce only a design and not perform any other Design Services, I shall have no liability for any dissatisfaction You may experience because of the way in which the design is implemented.

14.2 Heard Landscapes Ltd is not liable if works on site are delayed by other companies employed by the Client including the Contractor appointed by You and reserve the right to reschedule the works and seek from You recovery of reasonable costs incurred as a direct result of delays caused by such companies.

14.3 All start and finish dates are provisional only and necessarily weather dependent and may be affected by other causes beyond Our control. Dates and timings will be offered in good faith but are not of the essence and no guarantees are or will be given and Heard Landscapes Ltd shall have no liability in the event of a delayed start or finish date.

14.4 Heard Landscapes Ltd shall not be liable for any defects, discrepancies or deficiencies in the Contractor’s execution of the design.

14.5 If asked by the Client to move or transplant trees, shrubs or other existing plants on site and if We are willing to do this, this is at the Client’s risk and no responsibility will be accepted by Heard Landscapes Ltd for the survival of these plants.

14.6 Heard Landscapes Ltd shall have no liability for any delay or defects in any goods supplied by or workmanship or services provided by or damage caused by Your Contractors or any third party whether recommended by Heard Landscapes Ltd or not.

I, the Client, have read and understood these Terms and Conditions, and wish to proceed workings with Heard Landscapes Ltd on the date agreed.