Terms & Conditions
PatchWorks Gardens LTD - Terms and Conditions
Definitions:
Client: The individual or entity commissioning services from PatchWorks Gardens LTD.
Contract: The written agreement for services to be provided by PatchWorks Gardens LTD, as confirmed by the client.
Services: The landscaping design, construction, and any related services offered by PatchWorks Gardens LTD.
Works: The specific tasks, including both design and construction, to be completed by PatchWorks Gardens LTD as outlined in the service agreement.
Designs: Creative works produced by PatchWorks Gardens LTD for the client, including drawings and plans.
Variations: Modifications or additions to the Works, approved by the client and possibly subject to additional fees.
Force Majeure: Events outside PatchWorks Gardens LTD's control, which may delay or prevent service provision.
General Terms:
Acceptance: Accepting an estimate/quotation signifies agreement to these terms.
Variations: Any changes to Works must be agreed upon in writing, with additional costs approved by the client.
Site Access: The client shall provide unobstructed access to the work site and inform of known hazards.
Permissions: The client is responsible for all permissions and related fees for the Works.
Maintenance: Post-installation care of plants and Works is the client's responsibility unless a maintenance agreement is in place.
Intellectual Property: All designs remain the property of PatchWorks Gardens LTD until full payment is received.
Dispute Resolution: Should disputes arise, negotiation and mediation are the preferred methods before litigation.
Health & Safety: Both parties agree to comply with applicable health and safety regulations.
Insurance: PatchWorks Gardens LTD maintains relevant insurance coverage.
Waste Disposal: Unless otherwise specified, the client is responsible for waste disposal.
Cancellation Policy:
Notice of Cancellation: The client must provide written notice if they wish to cancel the contract. Email is an acceptable form of written notice.
Cancellation before Work Commences:
More than 30 days' notice before the scheduled start date: The client will receive an 80% refund of the deposit.
15 to 29 days' notice before the scheduled start date: The client will receive a 50% refund of the deposit.
7 to 14 days' notice before the scheduled start date: The client will receive a 25% refund of the deposit.
Less than 7 days' notice before the scheduled start date: The client will forfeit the full deposit to cover planning, materials ordered, and lost booking opportunities.
Cancellation after Work Commences: If the client cancels the contract after work has commenced, they are responsible for the cost of work completed to date and any non-refundable expenses incurred by PatchWorks Gardens LTD. The deposit will be applied against these costs, and any excess expenses will be billed to the client.
Postponement rather than Cancellation: If the client wishes to postpone the work, they should contact PatchWorks Gardens LTD to discuss the possibility of rescheduling. PatchWorks Gardens LTD will make reasonable efforts to accommodate rescheduling but cannot guarantee availability. Postponement within 30 days of the scheduled start date may incur a rescheduling fee of 10% of the total contract value to account for the re-allocation of resources.
Delays: PatchWorks Gardens LTD is not responsible for delays caused by Force Majeure.
Payment: For contracts under £10,000, payment terms are 50% upfront, remaining upon completion. Larger contracts follow a fortnightly payment schedule.
Termination: Either party may terminate the agreement with written notice under specified conditions.
Governing Law: This agreement is governed by the laws of England and Wales.
Client-Specific Terms:
Design Approval: The client must approve all designs in writing prior to the commencement of Works.
Reporting Issues: Any discrepancies with Designs must be reported immediately for resolution.
Work Guarantee: Workmanship is guaranteed for 12 months post-completion, excluding issues arising from materials not provided by PatchWorks Gardens LTD.
Amendments: Changes to this agreement are valid only when agreed upon in writing by both parties.
Notices: Formal notices must be delivered by recorded mail, by hand, or digitally with a follow-up call or email to confirm receipt.
Limitations and Liabilities:
Liability: Liability for damages arising from this agreement is limited to the total fees paid by the client.
Tax Responsibility: Each party is responsible for their respective taxes incurred in relation to the services rendered.