This Agreement is made the…………………………………………………..200
BETWEEN

  1. JUST LIVING GARDENS LIMITED (Company number 5221871) whose registered office is at 70 Denshaw Road, Delph,  Saddleworth OL3 5EU (‘JLG’) and
  2. ……………………………………………………………………….. (‘the Client’)

 

Whereas

The Client has requested JLG to perform professional services in relation to the garden at ……………………………………………………………...

 

as described in Schedule 1 (‘the Project’).

Agreement

  1. The Client appoints JLG and JLG accepts the appointment for the Project subject to the Schedules to this agreement.
  2. JLG will perform the services set out in Schedule 1.
  3. The Client will pay JLG the Fees, Expenses and Disbursements set out in Schedule 2.
  4. This Agreement is subject to the terms and conditions set out in Schedule 3.

 

 

Signed

      _____________           ____________
      Client                                for JLG

(one copy to be kept by the Client the other returned in the SAE provided)

 

SCHEDULE 1
Project Description

The Services and Fees set out in this agreement are based on the following description of the Client’s requirements. If the Client requires any amendment to this description JLG may vary the scope of the Services and Fees.

JLG will provide for the Client the services of a Garden Designer in respect of:

Redesigning part of the garden at …………………………………………….. (‘the Site’). The charges for each part of the services are set out in Schedule 2.

These Services will include:

  1. An appraisal of the Site with initial discussions with the Client as to their requirements. Preparation of a Client Brief  (this service is free of charge);
  2. Detailed measurement of the Site;
  3. Analysis of the soil;
  4. A photographic record of the Site.
  5. Preparation of a series of Concepts for the design;
  6. Full development of the Client Brief based upon the chosen Concept including consultation with the Client, the preparation of a preliminary plan, assistance in determining materials and the final appearance of the design leading to the preparation of a Master Plan ( Approved Design)  including a planting plan;
  7. Assistance in sourcing special materials or objects for the garden;
  8. Advising on the appointment of a contractor to install the hard landscaping in accordance with the Approved Design;
  9. Supervision of the installation of the hard landscaping;
  10. Advising on and sourcing plants, planting out the garden including the supply of a plant maintenance programme. 

 

The Services do not include:

  1. A topographical survey of the Site.
  2. A survey to establish the positioning or depth of sewers, drains or watercourses.
  3. A survey to establish ground stability.          
  4. Any preparatory site work on construction on the Site.

 

 

SCHEDULE 2
Fees and Expenses

Fees

  1. Identification of the Client’s requirements and possible constraints  Free of charge

on the Project. Preparation of the Client Brief            except for expenses                       
Terms of business to be agreed at this stage
2.      Preparation and delivery to the Client of design Concepts         
      Full development of the Client Brief based upon the chosen
     Concept including consultation with the Client, the preparation
     of a preliminary plan, assistance in determining materials and
     the final appearance of the design leading to the preparation
     of the Approved Design including a planting plan.                             £………..
                                      
3.  Full development of a Project Brief  Identification of procedures,
      organizational structure and the identification of key personnel
      to be engaged in the Project. Preparing an estimate of costs                   Hourly fee
                                                                                                           

  1. Appointment of contractors to install the hard landscaping.

Supervision of the installation of the hard landscaping.                  Hourly fee

5.   Planting out the garden                                                               Hourly fee
 Or fee to be fixed
All other charges will be at the rate of £…………… per hour/ day.

Exceptional items such as the revision of Approved Design, advising on changes in the programme, sourcing objects for the garden non standard materials or unusual or rare plants will be charged at the hourly rate

Expenses

To cover initial expenses including travelling to the site, taking measurements and photographs we require a payment on account of £250 which will be deducted from the final invoice. This payment is non-refundable.
Photocopying A 1 size plans, car mileage in excess of 10 miles per journey at 40 p per mile. The hire of equipment for use in the Project.

Disbursements
 Items purchased by JLG for the Client for use in the Project.
        

 

SCHEDULE 3
Terms and Conditions

  1. Copyright
    1. JLG owns the copyright in the work produced by it in performing the Services and generally asserts the right to be identified as the author of the artistic work/work of Designer comprising the Project.
    2. The Client shall have a non-exclusive licence to copy and use and allow other consultants and Contractors providing services to the Project to use and copy drawings and documents  produced by JLG in performing the Services.
  1. Payment
    1. Payment of all charges must be made within 14 days of demand. In the case of hourly or daily fees an account will be delivered at the end of each month.  In the event of any payment not being made by the appropriate date JLG reserves the right to charge interest on the outstanding sum and to suspend or terminate its Services.
  1. Obligations and authority of JLG
    1. JLG shall in performing the Services and discharging all the obligations under these Conditions, exercise reasonable skill and care.
  1. Obligations and authority of the Client
    1. The Client shall advise JLG of the relative priorities of the Brief.
    2. The Client shall have authority to issue instructions to JLG, subject to JLG’s right of reasonable objection.
  1. Liabilities and insurance

Subject always to the provision of clause 3 JLG does not warrant:

    1. that the Services will be completed in accordance within a specified time;
    2. the performance, work or the products of others;
    3. That either the Approved Design or the Garden will correspond in colour, texture, style and perspective to any Virtual Image produced by the Designer.
    4. That any specific plant will succeed in the Garden.
  1. Limitation of liabilities

a.  In any action or proceedings brought against JLG under or in connection  with the Agreement whether in contract negligence, tort of howsoever
b.  JLG’s liability for loss or damage in respect of any one occurrence or series of occurrences arising out of one event shall be limited to whichever is the lesser of the sum:
1. the respective fee charged by JLG for the work giving rise to the claim; or
2. such sum as it is just and equitable for JLG to pay having regard to the extent of its responsibility for the loss and/or damage in question when compared with the responsibilities of contractors, sub-contractors, consultants and other persons for that loss and/or damage.
7.Contracts (Rights of Third Parties) Act 1999
No person who is not party to this Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement.