Terms & Condition

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1. All work undertaken will be discussed and agreed prior to the start date. The arrangements between the client and Garden Concept Creations may be reflected in the drawing or a project, constituting a schedule to the quotation. All work will be completed from the original design by Garden Concept Creations unless otherwise agreed.  

2. The price for work will be presented in a quotation. The price for work includes all materials and labour. Any quotation is subject to amendment after commencing the project subject to unforeseen additional labour or additional materials which will be agreed between both customer and client. Garden Concept Creations reserves the right to cease working on site at any stage if payments are not made in conjunction with the terms of business. If changes are made to the original design after the works have started, this will incur additional costs and increase the time originally estimated to complete the project.

3. The quotation will be valid for three months.

4. The client shall provide water and electricity, if needed for the purposes of carrying out the work specified in the quotation, at no charge to Garden Concept Creations.  

5. Toilet Facilities will be suppled by the customer and be available at all times unless agreed for external facilities to be hired. Failure to supply electricity, water and toilet facilities whilst Garden Concept Creations are on site will be result in the customer breaching our standard terms of business. 

6. Any additional work or materials requested by the customer will result in additional charges in accordance with our standard rates and cost of materials. 

7. The client shall provide access to the site during normal working hours, and during the works progress. If possible the client will also provide a storage space for materials.

8. Any addition and/or alterations to the schedule and/or the drawing or a project shall be properly treated as variations and subject to written instructions and additional payments may be required to cover the agreed changes.

9. Garden Concept Creations is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection. The foregoing does not apply to damages that should have been reasonably foreseen by Garden Concept Creations with its expertise, i.e. where damage arose because of negligence or failure to use reasonable care and skill.

10. The client will be responsible for all payments to Garden Concept Creations from receipt of invoice, unless otherwise notified in writing prior to commencement. Failure to pay invoices in time will result in breach of contract and Garden Concept Creations reserve the right to cease working until payments are made.  If payments are consistently late, Garden Concept Creations have the right to withdraw from the project and this will be communicated to the client.

11. Stage payments against works completed/materials on-site to be made at weekly intervals and immediately from receipt of invoice for works completed. Payments are made each week and are considered acknowledgement of satisfactory work and any queries or concerns by the customer must be addressed before this.  Final payment to be made following satisfactory completion and payable immediately from receipt of invoice.

12. The Client shall inform Garden Concept Creations about any special/statutory Bylaws/Conditions/Permissions that may be involved and remains responsible for failure to do so. Garden Concept Creations is not liable for non-compliance with the obligations resulting from the documents mentioned herein above unless non-compliance is caused by Garden Concept Creations negligence or failure to act with reasonable care and skill.

13. All or any special conditions, of which Garden Concept Creations have been informed, are noted in the quotation.

14. Garden Concept Creations accepts no responsibility for works that have been carried out on land that is not under the ownership of the client if, with reasonable care, Garden Concept Creeations was not aware and could not have been reasonably aware before the commencement of the works that the land is not under the ownership of the client. It is assumed that all planning laws or regulations have been applied before the commencement of any works.

15. Garden Concept Creations is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, upon satisfactory completion of the quotation unless a maintenance contract remains in existence. The foregoing does not apply to situations where responsibility arises out of negligence in carrying out the work or supply of the plants which were not of satisfactory quality or fit for the purpose. If necessary, upon prior consent of the Client, Garden Concept Creations reserves the right to substitute any plant with another of equal value and growth/habitat/colour in accordance with the specification. In regards to any landscaping work that involves digging - such as patios, artificial grass, drives or any other digging, nearby to trees, shrubs, flowers, plants etc we cannot be held responsible if roots are in the way and need to be cut to complete the work.

16. Upon satisfactory completion of the quotation the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established. Great care is taken to remove all weeds/roots from the site when being prepared. Garden Concept Creations cannot accept responsibility for subsequent weed growth on completion of the project.

17. We are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any material(s) including plants.

18. Severe weather conditions, including drought, rain or snow, may cause the delay of the start date of the quotation. This will not affect the original, agreed price.

19. If, during the quotation term, works on site will be delayed due to other companies, employed by the client, Garden Concept Creations reserves the right to reschedule the works and to seek from the client recovery of reasonable costs incurred as a direct result of delays caused by such other companies.

20. All materials on site remain the property of Garden Concept Creations until payment is received in full. Materials surplus to the quotation not covered by and not intended to be used in the performance of the quotation, delivered with the materials necessary to perform the works specified in the quotation will remain the property of the Garden Concept Creations and will be removed from site upon completion.

21. Maintenance is not included in the quotation unless specified.

22. Cancellation of work not received within 7 working days of the scheduled start of work will be subject to a charge of 15% of the quoted price.

23. The quotation constitutes the entire agreement between the parties with respect to the work and replaces and nullifies all prior written and oral agreements, negotiations, letters of intent or offers in that respect.  The client shall ensure that anything discussed or agreed verbally with the Garden Concept Creations prior to the commencement of work is contained in the quotation and the drawing or a project (if prepared).

24. The drawings and/or projects provided by Garden Concept Creations to the client and all intellectual property rights associated therewith shall remain the sole property of Garden Concept Creations. The drawings and/or projects may be used solely for the completion of works by Garden Concept Creations The client shall not make any other use of the drawings and/or projects, especially for the completion of works by other contractor than Garden Concept Creations.  Title to copies and intellectual property rights associated with the drawings and/or projects may be transferred to the client upon payment agreed in a mutual agreement of Garden Concept Creations and the client.

25. If you accept the proposal Garden Concept Creations reserve the right to use photographs of the garden (before, during and after construction) in promotional material. Such promotional material will not include any personal information.

26. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us.

27. Consumer complaints: If you have a complaint against us for any work carried out or goods supplied, then put this in writing to us at our main address as soon as possible. We will aim to resolve the matter quickly. 

28. Landscaping Guarantee

1. A six (6) month warranty exists on all workmanship performed by Garden Concept Creations provided that proper maintenance procedures are practiced upon installation completion.

2. If at any time prior to the 6 month (or specified warranty/guarantee period) or after the actual date of completion of any work; any part of the work becomes defective or is deficient or fails due to defect in workmanship then the company, upon request of the client, shall make good of every such defect, deficiency or failure without costs for parts, equipment and/or labour. It is the sole responsibility of Garden Concept Creations to make good for faulty workmanship within the warranty period but not for general wear and tear or damage caused by the client.

3. Garden Concept Creations is not responsible for any damages from natural material changes such as staining discolouring, efflorescence, cracking, and chipping, changes in shape that may occur on wood, poured-in-place concrete, precast concrete, asphalt, natural stone, concrete pavers or brick after installation. Garden Concept Creations is also not responsible for damages caused by de-icing salts or any other products applied to natural stone or concrete products.

4. A three (3) month one-time replacement warranty exists for all plant material supplied and installed by Garden Concept Creations. It is the Owner sole responsibility to ensure adequate watering and maintenance of all plant material after installation, and during the warranty period. While every effort is made to locate suppliers for the plants listed above, it should be noted that specific plant selections, numbers, and sizes mentioned above are subject to substitution without notice should stock become unavailable, in which case the most suitable substitution will be made by a Garden Concept Creations representative.

5. Before Acceptance and takeover by the Owner: Generally, Garden Concept Creeations maintains and is solely responsible for the plant material.

6. During the 3 month Warranty Period for plants: In most cases the Owner is responsible for maintenance and protection, unless the contract includes one-year maintenance by Garden Concept Creations.

7. The guarantee includes replacing all plants (and supplying required labour) that are determined by the Reviewer to be dead or failing at the end of the guarantee period. Plant replacements shall be made at the next appropriate season, and the conditions of the guarantee shall apply to all replacement plants for one full growing season, unless otherwise stated

8. After the Warranty Period: The Owner is responsible for all costs for amendment, repairs and replacements, unless otherwise stated.

9. The guarantee should not apply to plants or other products damaged after Acceptance by causes beyond Garden Concept Creations control, such as inadequate maintenance by others, vandalism or abuse. Garden Concept Creations is considered responsible for the work until Acceptance. After Acceptance, unless otherwise specified, the Owner is considered responsible for the work, and for proper maintenance, repairs, and plant replacements.