Cedar Nursery - Landscape Design Terms and Conditions

Landscape Design Terms and Conditions

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1. Definitions

‘We’, ‘us’ and ‘our’ mean Cedar Horticultural Services or ‘Tim Sharples trading as Cedar Horticultural Service of Cedar Nursery, Horsley Road, Cobham, Surrey KT11 3JX

‘You’ and ‘your’ mean the customer who signs this contract

‘Design Services’ mean the services to be provided by us to you as described below

‘Plan’ means the design plan and other items which we will deliver to you at the conclusion of the Design Services as described below

‘Site’ means the site described on the attached Order

‘Fee’ means the sum described on the attached Order, plus VAT at the applicable rate, which you will pay to us within 7 days of acceptance by you of the Plan

‘Deposit’ means the deposit described on the attached Order, which will be applied towards the Fee

‘Written’ or ‘In writing’ includes emails and postal correspondence

2. Design Services and the Plan

In consideration of your agreement to pay the Fee, we will provide you with the following Design Services as part of the Full Design Package . Other packages may vary and will be outlined within a covering letter:

Initial Consultation

2.1 an initial meeting at Cedar Nursery to discuss your requirements and for which there is no charge

2.2 subsequently an on‐site inspection to assess the suitability of the Site for the customer’s requirement, if required, and for which a charge will apply, such charge to be offset against the design fee if the customer proceeds with a full design package

2.3 a free quote and basic written brief to be submitted to the customer

Design Package

2.4 an initial presentation of the Plan and or video based upon the initial consultation (to be discussed with you and subject to any changes you may request)

2.5 a final design presentation package (to be signed by you to confirm your acceptance) which will include:

A. a layout plan of the proposed design with sufficient detail for a landscape contractor to implement the design at the Site

B. design illustrations which will include computer generated images of the proposed design from the 3D visualisation

C. an A3 plan of lighting suggestion

D. a suggested list of plants, products and other materials referred to on the Plan

E. estimated project costs based on average prices quoted for similar projects in the past year

F. a USB flashdrive showing an animated ‘walk‐through’ of the design

G. a private website link to your animated ‘walk‐through’

3. Plant Design Service and placing service

This can be provided as a stand-alone service and can include all or some of the following:

3.1 a plan showing the species, number and spacing of plants

3.2 a quote for the supply of plants

3.3 placing of the plants on site, in preparation for planting by the customer or their gardener or contractor

4. Timing

We will commence the Design Services on receipt of the Deposit and will use our best endeavours to deliver the Plan within 42 days after payment of the deposit, but we cannot guarantee this timing and cannot be responsible for any delay caused by circumstances beyond our control.

5. Conditions

You acknowledge and agree that:

5.1 we will retain all copyright in the Plan and all materials we produce during the Design Services, but on your payment of the Fee we will grant you a licence to use the Plan and the other items delivered to you with the final version of the Plan for the exclusive purpose of implementing the Plan at the Site;

5.2 unless expressly agreed otherwise between us, we may use for our own promotional purposes any materials we produce during the Design Services and we may publish (on You Tube or any similar public platform) the animated ‘walk‐through’ of your design but withholding all of your personal details;

5.3 we will not be responsible for the implementation of the Plan or any subsequent works you may decide to carry out and we will not be in any way liable for any loss or expense resulting from the implementation of the Plan;

5.4 you will be responsible for obtaining any planning permission, Building Regulations consent or any other local or statutory approval necessary for the implementation of the Plan;

5.5 you will comply with any Tree Preservation Order or any similar restriction on the development of the Site and you will make all necessary enquiries to ascertain the existence of any such restrictions;

5.6 although we will conduct an on‐site inspection, this is not to be treated as a full structural survey or an assessment of the suitability of the Site for any construction or works and we cannot be held liable for any particular physical or environmental or subterranean impediment that is not reasonably apparent on a visual inspection of the site;

5.7 while we will conduct the Design Services to the best of our ability, we cannot be liable for any indirect, unforeseen or special loss or damage arising from our services or for any loss or damage arising from any document, drawing, photograph or other data supplied to us which is materially incorrect, inaccurate or misleading;

5.8 to the extent permitted by law, any Condition or warranty that might be implied or incorporated in this contract by reason of statute or common law is expressly excluded and our total liability to you howsoever arising shall not exceed the sum of the Fee;

5.9 any third-party changes to building layout or design which requires further work by us will be charged for separately. (Any charges will be outlined for your approval before we commence work)

6. Charges

6.1 Initial consultation at Cedar Nursery is free

6.2 Preliminary site meeting and/or site inspection- a charge will be made; which charge can be offset against the design fee if you proceed with a full design package

6.3 Design package

6.3.1 a deposit of 25% of the quote is payable upon acceptance of the quote

6.3.2 a further 25% of the quote is payable after the initial design presentation

6.3.3 a further 25% of the quote is payable after the final design is completed

6.3.4 a final 25% of the quote is payable on completion of the working drawings

6.3.5 any subsequent revisions or additional design work not outlined in the original brief will be charged at the designer’s hourly rate, as previously agreed

6.4 Project management will be charged at an agreed percentage of the build contract based upon the Society of Garden Designers fee scale, or per hour at the designer’s charge out rate at the date the contract was signed as previously agreed. The charge will be billed monthly and is to be paid within 7 days. The charge will include, inter alia but not exclusively, any additional design work, telephone and email contact with you and other parties involved in the design and management, written or spoken advice, site visits, contractor liaison and travel to and from the site and for any purpose related to the management of the service

6.5 Plant Design Service and Plant Placing

6.5.1 Planting plans will be charged based on the surface area to be designed

6.5.2 Plant placing on site will be charged at the standard hourly rate as previously agreed of all staff involved with providing the service

6.5.3 A deposit is to be made at the point of ordering of 25% of the ultimate anticipated or quoted plant cost. This deposit will not be refundable but will be offset against any final bill relating to plants

6.5.4 Staff time will be charged at their individual hourly rate as previously agreed and will include, inter alia, but not exclusively, the sourcing, labelling, loading, checking, supply, delivery, unloading and placing of plants

6.5.5 Cedar Nursery reserve the right to charge a higher deposit on any large specimen tree or shrub or to charge for any costs associated with the supply of such specimens, including the hire cost of additional vehicles and staff

6.5.6 Cedar Nursery must be informed immediately upon delivery of any problem with a plant. If the plant is returned it will remain the responsibility of the customer until received back by Cedar Nursery. The cost of any plant cannot be refunded if the plant has been taken out of it’s container or original packaging, or if it is damaged or in an unsaleable condition for any reason, including due to lack of water or proper horticultural care. Cedar Nursery reserves the right to withhold a percentage of the refund value of an item if it needs to be reduced in price for resale

7. Delivery

7.1 Delivery and collection to and from the customer’s site will be charged at Cedar Nursery’s current prices

7.2 All deliveries are to be kerbside unless previously agreed between the parties

7.3 It is the customer’s responsibility to provide free and unobstructed access for product delivery to the desired location of the item purchased. Therefore it is the customer’s responsibility to check the adequacy of access to the delivery site and to any particular points within the site, including road parking and to advise Cedar Nursery of any potential impediments to delivery such as restricted road access, restricted widths or heights, passageways, steps, overhanging branches, cables, building works etc

7.4 If delivery cannot be completed on the prearranged date then any delivery and associated costs and losses incurred by Cedar Nursery will be payable by the customer. Delivery and collection to and from the customer’s site will be charged to the customer at the current price of Cedar Nursery or their courier. Any subsequent delivery will incur an additional charge

7.5 It is the responsibility of the customer to ensure suitable safe access is available

7.6 In the interests of Health & Safety for Cedar Nursery employees or contractors, unless by prior agreement, bulky or heavy products shall not be (a) lifted over walls, fences etc, and/or (b) transited to other floors other than highway level

7.7 All delivered goods must be signed for (POD) by the Customer or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to the Customer

7.8 If the Customer cannot be in attendance on delivery, prior authority and acceptance of responsibility to leave the unattended product must be sent to [email protected]

7.9 Cedar Nursery will not bear any abortive costs arising to the Customer due to a failed delivery

7.10 It is the duty of the Customer to make themselves available to be contacted prior to delivery. Should Cedar Nursery or it’s chosen agent be unable to contact the Customer the delivery of the order may be adversely affected

7.11 Cedar Nursery is not liable for delivery delays or failures caused by factors outside of Cedar Nursery’s control including “ Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown or personal illness

7.12 Goods must be collected or delivered within 15 working days of the Customer being given notification that the goods are available. Cedar Nursey reserves the right to charge a Storage Fee for goods stored longer than the 15 working days at a rate of 5% of the order value for each additional 5 working days


Either you or we may terminate this contract at any time before acceptance of the final version of the Plan by giving written notice to the other, whereupon:

8.1 If you terminate after acceptance of the quote and payment of the 25% deposit and once work has commenced, we shall retain the deposit to cover our costs

8.2 If you terminate thereafter you will pay us such proportion of the fee that corresponds to the amount of work we have undertaken up to the date of termination as follows; 50% after the initial design presentation, 75% after the final design is completed and 100% on completion of the working documents

8.3 If either you or we terminate this contract before acceptance of the final version of the Plan:

8.3.1. we will return to you any document, drawing, photograph or other data you supplied to us for the purposes of the Design Services

8.3.2. you will not be entitled to use the Plan or any of its components or any other item delivered to you by us for the purpose of implementing the Plan and any attempt to do so will be treated as a breach of this contract and a breach of copyright

8.4 If we terminate the contract we shall retain such sums as already paid to cover our costs and will not seek any further fees

Other terms

If you require any further services besides those described in this contract, or any further copies of the Plan or other materials described above or any amendments or additions to the Plan after you have accepted it, we shall be entitled to charge such additional fees as may be agreed between us and you at the time.

This contract shall be governed by English law and the parties agree to submit to the non‐exclusive jurisdiction of the English courts.

Any notice to be given under this contract shall be in writing and sent to the relevant party at its address as stated on the Order.

This Order and any contract made pursuant to it are subject to the Terms and Conditions printed above and overleaf.

If you wish to proceed, please sign below and return this form (with payment of the deposit payable to CHS Landscape Design) within 30 days of the date referred to above (after which the quotation or order will lapse).