Our Terms & Conditions
All Quotations and Contract Agreements.
1. Definitions: The ‘Company’ means Melanie Kerr Garden Services registered to Melanie Kerr. The ‘Client’ means the person or persons that request or commission Melanie Kerr Garden Services s 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 Melanie Kerr at Melanie Kerr Garden Services 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 Melanie Kerr's discretion as above and will be charged at an agreed rate with the client. 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 Melanie Kerr 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 a previously agreed rate as per the fees outlined.
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. Should the Client choose not to have the project constructed for any reason, the agreed design fee remains payable.
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.
11. All fees are based on known conditions at the time of viewing.
12. Travel time beyond the agreed meeting schedule is charged at the stated hourly rate of £40 per hour. All overnight expenses will be chargeable to the Client and agreed before arrival.
13. The obligations of Melanie Kerr Garden Services are limited to the design elements of the plans provided. Melanie Kerr Garden Services cannot be held responsible for any faulty workmanship.
14. Where structural calculations may be involved (e.g. retaining walls over 1m), Melanie Kerr will recommend professional advice is sought from a structural engineer before construction begins. 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.
15. At the end of the design stage, Melanie Kerr Garden Services may introduce the Client to potential
contractors. However, any contract arranged will be between the Client and the Contractor. Melanie Kerr Garden Services cannot be held responsible for any faulty workmanship by the Contractor. Melanie Kerr Garden Services shall not be liable for any indirect, incidental or consequential damage as a result of the construction process.
16. All quotations are valid for 30 days and may be subject to alterations after that date.
17. All rates will be agreed before work commences and is stated in the ‘Brief and Fees’ document.
18. All fees, costs and prices do not include VAT and no VAT is payable.
19. Late Payments:
Melanie Kerr Garden Services reserves the right to charge interest on any late payments. Interest will be charged at 10% compounded weekly.
20. Garden Consults and Garden Masterclasses.
Garden Consults and Garden Masterclasses are subject to all the terms and conditions stated. In additional Garden Consults and Garden Masterclasses 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.
21. 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 Melanie Kerr has been commissioned. This may be relevant to new build projects, house renovation works, house refurbishments and sites where construction work has already begun.
22. 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.
23. Sundry Costs.
Any additional printing and postage in excess of that provided as part of the design fee allowance will be chargeable.
24. Copyright and Intellectual Property Rights.
All sketches, designs, concept design, plans of any description and documents prepared by Melanie Kerr are and remain the intellectual property of Melanie Kerr and Melanie Kerr Garden Services and are subject to the copyright laws of England.
25. All design works are copyrighted to Melanie Kerr and Melanie Kerr Garden Services . All rights reserved. All design work remains the property of Melanie Kerr and Melanie Kerr Garden Services .
26. Copyrighting, lifting or sharing a design or design element is prohibited by copyright. All photographs taken by Melanie Kerr or by her photographer for Melanie Kerr Garden Services remain her property and that of Melanie Kerr Garden Services. This remains even if images are shared with the Client or their contractor.
27. Use of plans and images of your garden can be used in subsequent promotion to illustrate work completed by Melanie Kerr and Melanie Kerr Garden Services with her written agreement. All rights are reserved.
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.
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.
30. Professional Indemnity. Melanie Kerr holds Professional Indemnity Insurance and can provide copies of insurance if requested.