Terms and conditions.

We always try to be open and fair in our dealings, working within a set of terms and conditions that we think reflect the value we place on our clients, suppliers, and our own business.

Please get in touch if you have any questions about these terms and conditions.

This contract is between Rob Hardy & Co, and you, the client, as set out in the accompanying project proposal document (‘Proposal’). The terms of this contract are as set out here and in the Proposal.

They override any other terms contained in any other verbal or written communication between us.

The design service

a) Rob Hardy & Co will provide design services to produce drawings, sketches and other design documents (including specification and tender documentation) (‘Design Documents’) as set out in the Proposal (‘Design Services’).

b) We will use reasonable care and skill in accordance with standards expected of a reasonable garden designer in carrying out the Design Services, in good time and use reasonable endeavours to meet any deadlines agreed in writing. The degree to which you can rely on the accuracy of figures, sizes and volumes set out in the various elements of the Design Documentation will be set out on the relevant document in each case.

c) This contract does not relate to the carrying out of hard or soft landscaping, the supply of plants, planting nor the inspection or supervision of landscaping by third parties. Rob Hardy & Co are not responsible for any work undertaken by third parties such as surveyors or landscapers.

d) If you need Rob Hardy & Co to carry out any services beyond the scope or to a level higher than set out in this contract, these will be the subject of a separate agreement and fee.

Your obligations

a) You will provide Rob Hardy & Co with necessary information to perform the Design Services in good time and allow us reasonable access to both you and the site at agreed times.

b) You will be responsible for making any necessary checks to ascertain any planning permission, tree protection order, restrictive covenants or other legal issues that may affect the site, Design Services or building the design. You will inform Rob Hardy & Co of any points you find in good time.

c) You will inform Rob Hardy & Co if there are any third-party rights or other reasons preventing us from including any information you provide to Rob Hardy & Co in the Design Documents.

d) If you become aware of any issues or potential issues with or affecting the design, the Design Documents or the Design Services, you will notify us in writing as soon as possible to enable us to investigate, rectify or take any other necessary action to minimise the effect of any such issue on either of us.

e) As between us, you will be liable for the accuracy for the information you provide to Rob Hardy & Co.

f) You will not require Rob Hardy & Co to provide advice or any services connected to or in the presence of contamination or pollution by harmful substances. As between us, you will be responsible for determining what investigations and remedial actions need to be carried out and commission such professional third-party advice as is reasonable.

Payment

a) The fees are payable for the Design Services are as set out in the Proposal and must be paid within 7 days after receipt of our invoice.

b) If you fail to pay an invoice within this 7-day period, we reserve the right to charge interest at 8% per annum above the base rate of the Bank of England on any fees outstanding after the final date for payment (calculated on a daily basis).

c) We reserve the right to suspend providing the Design Services until any outstanding invoiced fees are settled, whether or not payment is late.

d) If you agree to any services charged at an hourly rate, please confirm our current hourly rates before proceeding.

Rights and publicity

a) Rob Hardy & Co are the owners of all intellectual property rights in the Design Documents and any development or modification of them. We assert the moral rights we may have in the Design Documents. On your payment of my fee(s), we will grant you a non-exclusive, perpetual, non-transferable licence for use of the Design Documents relevant to that payment by you or on your behalf in relation to the site set out in the Proposal.

b) You will not, nor allow any third party, to use, publish, reproduce, recreate or transfer the designs or the Design Documents for another site or any other purpose whatsoever without prior written permission from Rob Hardy & Co. If permission is granted you shall ensure that any use by you or any third party is only to the extent we have permitted and in accordance with any condition of approval, such as the addition of a credit or payment of a fee.

c) Unless otherwise agreed in writing, we reserve the right to refer to the work and to reproduce photographs and other illustrations relating to the work for publicity and other marketing purposes.

d) The provisions of this clause will remain in full force and effect after termination of this contract.

Issues and liability

a) If any fault or defect arises in the Design Services or Design Documents, we shall have the right to remedy such fault where possible by re-supplying the Design Services. If you do not advise Rob Hardy & Co of any fault or defect within 30 days after receipt of the relevant part of the Design Documents, you will be deemed to have accepted the Design Services or relevant part thereof.

b) So far as permitted by law, Rob Hardy & Co shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof:

i) For any loss of profits, business, contracts, revenues or anticipated savings, or

ii) For any special, indirect or consequential damage of any nature whatsoever.

c) Nothing in this contract shall affect your statutory rights as a consumer, nor limit either party’s liability for death or personal injury arising from the proven negligence by themselves, their agents or employees. The provisions of this clause 6 will remain in full force and effect after termination of this contract.

Starting and ending the contract

a) The Design Services will start on the date you confirm acceptance of these terms and conditions and the Proposal.

b) Either party may terminate this contract at any time by giving the other party at least 7 days advance written notice. In such circumstances, you will be required to pay for the Design Services performed before receipt of the termination notice, but you will not be entitled to any licence to use or benefit from the Design Services not delivered and paid for before receipt of the termination notice.

c) If one of us is in breach of a significant provision of this contract (material breach), then the other party will have the right to terminate the contract by written notice. If the breach is capable of remedy, the notice will only take effect 14 days after receipt if such breach is not remedied. If the breach is incapable of remedy, the notice will take effect on receipt.

d) Neither of us will be held in breach of this contract for any failure resulting from any circumstance beyond our reasonable control, including due to COVID or other pandemic (Force Majeure). If the Force Majeure continues for one week or more, we will discuss possible remedial actions for the period the Force Majeure exists. If this is not possible, either party may terminate the contract upon written notice to the other without either party sustaining any financial liability, other than to pay all outstanding fees and disbursements.

Miscellaneous

a) We will be able to transfer all or any of my rights (but not my obligations) under this contract.

As the Design Services are bespoke to you and your site, you may only transfer your rights or obligations to any third party with my prior written permission.

b) If either of us has a right of action against the other and does not exercise it, this will not prevent that party from taking action on the same or similar points at another time.

c) This contract can only be amended or varied by either of us with the prior written agreement of the other. If I am required to change these terms and conditions for reasons outside my reasonable control, I can do so by giving you 14 days prior written notice.

d) Written notices and invoices must be delivered:

(1) to the address in the Proposal by hand or first class post or

(2) by email (if this has been used as a regular means of communication during the design process) to the address in the Proposal. If your email is not given in the proposal, it can be delivered to the email address most recently used by you to contact me.

If sent by first class post, the notice or invoice will be treated as delivered two working days after posting; if sent by email, the invoice or notice will be deemed delivered at 9.00 am the day after sending.

e) This contract is governed by and construed in accordance with the laws of England and Wales and will be enforced through the English courts only.

f) The quote is valid for 30 days. If you choose to accept this quotation, all prices quoted are valid for 12 months from acceptance. Beyond this date we reserve the right to review our fees.