Heartwood Garden Design – Standard Design Contract Terms & Conditions

Heartwood Garden Design is owned by Judy Shardlow and these Terms and Conditions apply to:

• Garden Design Services.
• Design Commissions including Concept Boards, Presentation Plans, Planting and Technical Plans.
• Landscape and Garden Consultancy.
• Garden Coaching.

All Quotations and Contract Agreements.

1. Definitions: The ‘Company’ means Heartwood Garden Design registered to Judy Shardlow. The
   ‘Client’ mean the person or persons that request or commission Heartwood Garden Design to
   carry out work. ‘Contract Agreement’ refers to the Brief and Fees document.
2. Prior to the any works commencing, the Contract Agreement (Brief and Fees Document) must be
   signed and returned to Judy Shardlow at Heartwood Garden Design in paper or electronic form.
3. Upon signature of the Contract Agreement by the Client, a binding agreement shall arise upon the
   terms and conditions set out hereinafter. Any stipulation or condition in any order of acceptance by the
   Client which conflicts with these conditions shall be of no force or effort. A Contract will also be formed
   as a result of any verbal instructions or alterations from the Client regarding previously agreed work.
   Both the Client and the Company will hold a signed copy of these terms and conditions, which will act
   as a binding contract between them.
4. The ‘Design’ includes the work stated in the ‘Brief and Fees’ document that accompanies these terms.
   This explains the quantity of Client and Designer meetings prior to design, during the design process
   and following the design, which are included within the agreed fee. Depending on the agreed contract
   this will be stated in a number of hours for meetings to cover Brief and Consultation Meeting, Concepts
   and Presentation Meeting and Planting Plans/Technical Specification meetings.
5. All additional meetings and site visits beyond what is stated in the ‘Brief and Fees’ document are at
   Judy’s Shardlow’s discretion as above and will be charged at an hourly rate of £60 per hour. This
   includes any additional meetings with the Client, Contractors of any kind before or during construction
   works begin, Architects and all other professionals.
6. It is at Judy Shardlow’s discretion to decide if she requires further site visits to re-evaluate the garden or
   check details before the design works.
7. All major revisions beyond the brief are chargeable at the stated hourly rate.
8. All design work included in the contract is based on the agreed written brief in the ‘Brief and Fees’
   document. Significant changes to the brief during the process may incur additional costs.
9. Heartwood Garden Design does not give discounts on the quotation.
10. All design works commissioned are fully chargeable. If the Client decides not install any design element
    this will be at the Client’s discretion and the Client’s responsibility. Should the Client choose not to have
    the project constructed for any reason, the agreed design fee remains payable. A deposit of 50% of the
    total fee is payable on instruction to proceed and the balance of the design fee will be due upon the
    completion of the design.
11. Unless otherwise agreed i
12. All fees are based on known conditions at the time of viewing.
13. Travel time beyond the agreed meeting schedule is charged at the stated hourly rate of £60 per hour. All
    overnight expenses will be chargeable to the Client.
14. The obligations of Heartwood Garden Design are limited to the design elements of the plans provided.
    Heartwood Garden Design cannot be held responsible for any faulty workmanship.
15. Where structural calculations may be involved (e.g. retaining walls over 1m), Judy Shardlow will
    recommend professional advice is sought from a structural engineer before construction begins. Judy
    Shardlow cannot be held responsible for a failure to do so or be held liable for any of the associated
    costs or consequences for not consulting a structural engineer or other professional when it is
    recommended.
16. At the end of the design stage, Heartwood Garden Design may introduce the Client to potential
    contractors. However any contract arranged will be between the Client and the Contractor. Heartwood
    Garden cannot be held responsible for any faulty workmanship by the Contractor. Heartwood Garden
    Design shall not be liable for any indirect, incidental or consequential damage as a result of the
    construction process.
17. All quotations are valid for 30 days and may be subject to alterations after that date.
18. Hourly rates of £60 per hour are calculated to the nearest hour and this rate is stated in the ‘Brief and
    Fees’ document.
19. All fees, costs and prices do not include VAT and no VAT is payable.
20. Late Payments: Heartwood Garden Design reserves the right to charge interest on any late payments.
    Interest will be charged at 10% compounded weekly.
21. Landscape Consultancy and Garden Coaching. Consultancy and Garden Coaching is subject to all
    the terms and conditions stated. In additional Landscape Consultancy and Garden Coaching is based
    upon time on site, all pre-meeting preparation and post-meeting design or documentation follow up and
    sundries such as printing, postage and travel.
22. Project Monitoring and On-going Design Consultation. All consultancy, on-going design
    involvement, product selection visits outside of the design agreement will be charged at the stated
    hourly rate. This may be required on on-going construction sites where exterior decisions, design issues
    and elements need to be assessed and where building works have proceeded before Judy Shardlow
    has been commissioned. This may be relevant to new build projects, house renovation works, house refurbishments
    and sites where construction work has already begun.
23. Project monitoring will be charged at the stated hourly rate, or a pre-agreed sum. This will be individual
    to each project depending on the scope of works, designer involvement and contractor involvement.
24. Sundry Costs. Any additional printing and postage in excess of that provided as part of the design fee
    allowance will be chargeable.
25. Copyright and Intellectual Property Rights. All sketches, designs, concept design, plans of any
    description and documents prepared by Judy Shardlow are and remain the intellectual property of Judy
    Shardlow and Heartwood Garden Design and are subject to the copyright laws of England.
26. All design works a copyrighted to Judy Shardlow and Heartwood Garden Design. All rights reserved. All
    design work remains the property of Judy Shardlow and Heartwood Garden Design.
27. Copyrighting, lifting or sharing a design or design element is prohibited by copyright. All photographs
    taken by Judy Shardlow or by her photographer for Heartwood Garden Design remain her property and
    that of Heartwood Garden Design. This remains even if images are shared with the Client or their
    contractor.
28. Use of plans and images of your garden can be used in subsequent promotion to illustrate work
    completed by Judy Shardlow and Heartwood Garden Design with her written agreement. All rights are
    reserved.
29. Cancellation. In the event of cancellation a charge will be made for any works undertaken to the point
    at which the cancellation took effect. A cancellation fee of £150 will also be applied.
30. Law: These terms and conditions are subject to the Laws of England & Wales and the client agrees to
    be bound by the exclusive jurisdiction of these courts.
31. Professional Indemnity. Judy Shardlow holds Professional Indemnity Insurance and can provide
    copies of insurance if requested.