Terms and Conditions – Ivy & Whyte

1. The Term ‘The Client’ shall mean the Name and Address on the proposal who will be responsible for all payments to The Designer unless otherwise notified in writing prior to commencement. Unless otherwise stated in writing, the Client shall be deemed to be the rightful owner of the property as per the address shown above.
2. The Term, ‘The Designer’ shall mean Ivy & Whyte Garden Design who will be responsible to the Client for the works as described in the proposal attached.
3. Nothing in these Terms shall affect the Client’s statutory rights as a Consumer.
4. All requirements and obligations concerning The Construction (Design Management) Regulations 2015 (CDM) shall be properly identified and dealt with under the Contract documents, and responsibilities designated within that CDM Plan. The CDM Plan shall form part of the Proposal and must be read in conjunction with that document.
5. For the purposes and with general regard to CDM, The Designer shall be deemed to be The Principal Designer in respect of The Regulations. This responsibility will automatically end once the Designer has completed the design works involved in the project, when the responsibilities will return to the Client under the Regulations unless or until a Principal Contractor is appointed.
6. The Client shall provide access to site for the purposes of carrying out surveying and site evaluation, and the Client shall make the Designer aware in writing of any pertinent matters relating to the property, including any problems or matters concerning the boundaries or neighbours, especially in regard of dispute issues or other site problems or potential problems.
7. All Specialist Experts that may be required to carry out the survey or technical or legal design elements of the plans e.g. Structural Engineer, Surveyor etc shall be engaged directly by The Client, and settlement of their accounts made directly by The Client. This is an essential element of the Contract to avoid any future matters of responsibility between the Specialist and The Client.
8. Any additional works required beyond those in the quote e.g. further research into alternative materials, supply of full size product samples, sourcing or resourcing in respect of the project shall be properly treated as Additional Works and subject to separate payment as may be required, including travel costs or other disbursements.
9. Revision feedback are based on the original brief taken by The Designer and confirmed by The Client. Any further changes to the brief following drawings completed by The Designer will come at an additional charge to The Client.
10. Revision feedback from The Client required and completed at a maximum of 30 days after original drawings presented by The Designer. After the final pack of drawings is issued by The Designer any further changes to drawings would come at an additional charge to The Client.
11. Once each section of the Project is completed, this should be signed off by The Client as being accepted. Any subsequent alterations, additions or reductions to each section, shall be properly treated as Additional Works or Variations and will be charged at the agreed rates as shown in the Proposal.

13. The Designer cannot be held responsible for any damage to, or costs involved in, any underground hazards, obstructions or services not made known in writing or apparent on visual inspection prior to commencement of providing the Client with ideas or drawings.
14. The Client remains responsible at all times for any matters regarding Licences, Permits, Planning Permission or similar Legal requirements, unless such responsibility is specifically assigned to The Designer (See CDM Plan/Contract document)
15. The Designer shall hold and maintain in force, all such Insurance cover as may be required for the project including Public Liability, Employers Liability and Indemnity cover.
16. Once the design element has been completed, the responsibilities under CDM Regulations cease to be those of Principal Designer. Should the Client wish The Designer to attend to works other than design, e.g. Planting or Site Supervision, these works must be clearly stated in writing and become subject to separate suitable Contracts, either as a Supervisor or Contractor.

17. The value of any claim made against The Designer shall be limited to the value of monies paid to The Designer at the time of the claim.
18. This Contract and Terms and Conditions are governed by The Law of England.

NOTICE OF THE RIGHT TO CANCEL

1. In addition to the Client’s rights as a Consumer, the Client has the right to cancel this Contract at any time within 7 days of the date on which The Client receives it. The Client may cancel the Contract within that 7-day period by delivering or sending (including by electronic mail)na cancellation notice to the Contractors business address.

2. The notice of cancellation is deemed to be given as soon as it is posted or sent or, in the case of an electronic communication from the day it is sent, to the Contractor.

3. If the Client wishes the Contractor to begin work during the 7-day period, it must send a written request to the Contractor. If the Client then cancels the Contract under this clause 17.0, the Client will pay the Contractor for the materials and services it has provided up to the date of cancellation. The Contractor does not have to carry out any work under this Contract during the 7-day period unless it agrees to a written request from the Client to commence work during that period.