Terms & Conditions
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- Definitions: 'The company' is defined as the company registered as Tom Hammers, trading as Tom Hammers Garden Design. ‘The client’ is defined as the person or persons that request the company to carry out work.
- Intellectual Property Rights: All, designs, sketches/ documents prepared by the company are the intellectual property of the company and are subject to copyright law. These remain the property of the company until paid for in full and are for the sole use of the client.
- Fees: Fees will be agreed prior to the commencement of any work. In some cases fees may be charged at either an hourly or fixed rate; but are typically calculated based on a percentage of the cost to build the garden:
| Budget/ Build cost | Full Design Work |
|---|
| Up to £10k | 12% or hourly rate |
| Over £10 up to £50k | 10% |
| Over £50 up to £100K | 8% |
| Over £100k | 7% |
Initial Viewings & Site Surveying are treated as Consulting and are included in our full design service. However, if no further work is commissioned or the project is undertaken on an hourly basis the client will be invoiced for this time. Rates are £40 per hour with a three hour minimum, calculated to the nearest quarter of an hour; travel time to site is charged.
Prior to the company producing any drawings, a deposit for 25% of the projected design fee is required
Upon presentation of final plans, a further 50% of the projected design fee is due.
The balance of the design fee is due upon practical completion of the build; assuming that this takes place not more than 3 months after presentation of the final plans.
If construction is delayed beyond a period deemed as reasonable by the company, the balance of the projected design fee will be invoiced in due course.
We have established relationships with many contractors and will tender up to three and help you make the right choice for your project/ needs. While this service is included as part of full design service, fees for additional site meetings may apply.
Stand-alone services such as plantings, sketch plans and some gardening services are provided as well. Charges for these will be quoted on an individual basis.
- Contracts: Once the company has carried out any work or been requested to produce any drawings a binding contract is formed. Any such arrangement will proceed under the assumption of full agreement with these terms.
- Cancellations: Cancellation of a contract is only permitted with the company's consent. If the client chooses to terminate any contract, the company is be compensated for any expenses/ materials pertinent to said project and all billable time at the rate of £40 per hour.
- Invoices: Invoices are due upon receipt.
- Late payments: The company reserves the right to charge interest on invoices not paid within ten days of date on invoice. Interest will be charged at 10%, compounded weekly. The company will also charge the client £75 for each presentation of unpaid cheques and any administrative fees levied on the company by a financial institution for such presentations.
- Collection costs: The company reserves the right to charge all collection costs to the client. Such costs will be made payable to the company by the client on an indemnity basis.
- Quotations & Estimates: All quotations and estimates are valid for a period of 30 days from the date of quotation and are subject to variation to meet any unforeseen change in the price of materials, plants or other costs beyond our control.
- Materials deliveries: All plants/ materials delivered to site are the responsibility of the client, as is any risk or loss of said materials.
- Retention of title: All plants/ materials remain the property of the company until any monies due from the client have been paid in full, including any interest or unpaid cheque or collections charges. The client hereby grants an irrevocable license to the company or agent of the company to enter the client's property to repossess such materials. The client shall not be entitled to exercise any set off lien or other similar claim.
- Returned goods: All plants/ materials ordered on behalf of or in agreement with the client but are no longer wanted for any reason, may be subject to a 20% handling fee. The client will pay all packing, handling, carriage and delivery charges for such returns. Bespoke or special order items and plants are non-returnable.
- Guarantees: Any guarantee given or implied by the company will only become effective after all monies due from the client are paid in full. Any additions or repair work carried out by the client or third parties will invalidate any such guarantee.
- Defective materials: Once plants/ materials are installed, the company will only replace those proven defective by the supplier. The company will only bear the costs associated with such replacements if the company is proved to be at fault for said replacement. The company is not liable to replace any plants/ materials for reasons found to be subjective.
- Extras: The company will charge the client for any works, supplies or expenses not previously agreed to or allowed for in the original quotation. This includes labour, materials, and any associated delivery, handling, clearance/ disposal costs.
- Working areas: Anyone under the employment of the company shall have clear access to all necessary working areas, a mains water supply, mains electricity and toilet facilities. Appropriate charges will apply should the company need to provide any of these.
- Utilities and telecoms: The company will not accept responsibility for damage to unmarked utility pipes, services, drains/ cables, however caused.
- Alteration of terms: These terms and conditions shall prevail over all other terms; no printed, written or verbal terms shall apply which are inconsistent with these terms and conditions.
- 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.
