Marlene Lento Design Studio Terms & Conditions
DEFINITIONS
When the following words are used in these Terms, this is what they will mean:
Commencement Date: means the date We will start the Works at your Site.
Contract: means the agreement between You and Us to undertake the Services as described in your Order to Us.
Contractor: means the contractor providing the Services.
Intellectual Property: means the plans, drawings and Specifications submitted by the Contractor (whether before or after supply of the Works).
Materials: means any raw materials necessary to provide the Services
Quotation: means the written estimate provided by the Contractor for supply of the Works.
Site: means the location where the Works are to be provided by the Contractor.
Specification: means details as described in the Quotation describing the services provided by the Contractor.
Terms: the terms and conditions set out in this document.
We/Our/Us: means the Contractor described in clause 13.
Works: means the services described in the Quotation.
You/Your: means you as the Client
OUR CONTRACT WITH YOU
These are the Terms and conditions on which We supply the Services to you. Please ensure that You read these Terms carefully, as they form part of the contract between Us if You accept Our quotation. If You think that there is a mistake, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
- **QUOTATIONS**
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- The Quotation is valid for a period of fourteen days from the date shown in the Quotation. After fourteen days, the Quotation lapses automatically. A Deposit is payable once a Quotation is approved for all Works which require Materials (see Cl 5.5). The deposit is payable within fifteen days of the date shown on the Quotation. For deposits received after fifteen days of the date shown on the Quotation, We reserve the right to pass on cost increases on Materials incurred in the meantime, unless specified otherwise in the Quotation.
- The Quotation is based on conditions known at the time of viewing. You will pay for any extra Works or costs due to difficulties not made apparent on viewing or changes in Works that are not within the Quotation.
Acceptance of the Quotation involves You signing and returning the Quotation which also includes Your acceptance of these Terms and conditions and will lead to a binding Contract for the Works between the parties. It should be noted that any attempted or any actual cancellation thereof by You may involve You in a claim for recovery by Us of any loss or expense incurred as a result, including a claim for loss of profit. Within Our quotation, we may have listed product specifications and general details pertaining to the products selected. If this is the case, we recommend that You review the products selected ensuring You are fully aware of any variances, tolerances and finishes that can occur with natural and manmade products prior to installation. **Natural product disclaimer** Natural products such as stone and wood are products of nature and as such are subject to **_natural variations_** in colour, veining and spotting. Therefore, these products tend to vary from shipment to shipment and the sample piece chosen by You **may not** match **exactly** (100%) the material You receive.
2. VARIATIONS/CHANGES
2.1 Variations to the Works as specified in the Quotation will only be undertaken when costed and agreed in writing between Us and You. Oral instructions will not be accepted. It should be noted that Site personnel have no authority to alter the Contract in any way. The price of any additional Works will be based upon costs prevailing at the date of the instructions to vary the Works.
2.2 In the event that requirements change due to insufficient information having been provided to Us by You and/or, defects found in existing installations, etc. You will be liable for any additional costs and expense incurred. If Works are delayed as a result of inadequate information from You or other contractors, or their or Your equipment, or events beyond our control additional charges (including travel time) will be charged at £65 an hour.
3. THE SCOPE OF THE WORK
3.1 We shall carry out and complete the Works described in the quotation/specification in a good and workmanlike manner. We shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and drawing, the description contained in the specification contained in the quote shall prevail over the drawing.
3.2 You the Client are responsible for ascertaining whether planning consent is required and obtaining any necessary planning permission and Local Authority consents for the works and for complying with statutory requirements or consents.
3.3** **We reserve the right to refuse to carry out any work which is in breach of Building Regulations /Planning Permissions/Tree Preservation Orders or which we believe to be in breach of the same or the spirit in which they are intended.
3.4** **All Works requiring chainsaw use/operators, supply of Materials or chemicals, specialist equipment or services, jet washing, pond or water-related works, work above 2.4m working height and work on third party property or guidance, is excluded unless specifically referred to and quoted for in Our Quotation.
4. UNFORESEEN COSTS
4.1 You will be liable to meet the cost of any additional work, services or fittings that need to be provided to rectify any event or situation which arises during the Works that are unexpected as a result of the Works or are beyond Our control. We cannot be held responsible for such events or situations.
4.2 Where You the Client supply a product or where a project requires collaboration with third party contractors, it is Your responsibility to liaise with suppliers and ensure products and services are delivered or carried out within the agreed timeframes. Delays caused to Our schedule by third party products or contractors outside Our control will be charged at the standard hourly rate for labour and equipment. We will charge you at £65 per hour for coordinating with third parties or Your other contractors.
4.3 Where You the Client supply or request to be supplied with a product which is not from Our trusted suppliers or where You request a methodology for an installation that we have advised against and this product or methodology fails and You require Us to perform additional work to fit, replace or remedy the situation, You will be charged at the standard hourly rate for labour and equipment.
5. PAYMENT COSTS
5.1 You the Client accept that You will pay to Us the Contractor, the Contract sums together with Value Added Tax properly chargeable upon the contract sum.
5.2 All accounts are net and do not provide for any discounts nor retentions unless otherwise agreed in writing by Us.
5.3 All accounts are payable within seven days from date of invoice. If You do not make any payment due to Us by the due date for payment, interest may be charged from the due date of payment of all invoices at 8% per annum above the Base Lending Rate of Barclay’s Bank PLC. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
5.4 However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, we reserve the right to waive interest otherwise due hereunder.
5.5 The payment schedule shall be as follows.
For all Works up to £5,000 (+vat) in value which require materials:
A deposit towards materials shall be made by You to Us upon approval of our quotation.
A final payment to be paid within seven days of completion of works.
For quotations of £5,000 – £10,000 (+vat) in value:
A non-refundable holding deposit of £250+ vat shall be paid by You to Us on approval of the quotation to reserve a place in Our schedule for customers’ projects.
A deposit towards materials shall be made by You to Us at any time and up to 4-5 weeks prior to commencement of the Works (NB if materials are required or works are due to commence less than 4 weeks from acceptance, the holding deposit will be waived and the deposit will become due immediately from You.
A final payment to be paid within seven days of completion of works.
For quotations more than £10,000 (+ vat) in value
We will set up a Stage Payments Contract. The Terms will be as follows:
A non-refundable holding deposit of £500+ vat shall be paid by You to Us on approval of the quotation to reserve a place in Our schedule of customers’ projects.
A deposit towards Materials shall be made by You to Us at any time and up to 4-5 weeks prior to commencement of work_._
Stage payments shall be made as detailed in the Stage Payments Contract.
A final payment shall be due within seven days of completion of Works.
For Landscape Design Work:
Upon Your approval of the design fee, we will issue an invoice for 50% of the fee, which is due prior to commencement of the design work.
The design will be based on the brief approved by You and includes one revision within the scope of the brief as detailed in Your quote.
The balance is payable on completion of the concept design. On receipt of the balance, we will make the revisions You require and prepare your quotation for the construction work required to implement Your project.
5.6 We do not accept credit card payments over £2,000 per total job and We require payment by bank transfer of funds from You for such payments over £2,000.
6. THE SITE
6.1 You agree to give Us full and unhindered possession of the Site together with proper and adequate access to allow Us to carry out the Services from the Commencement Date. We will not be responsible for damage to plants, garden furniture, ornaments or Your possessions which shall remain Your responsibility to look after throughout the works.
6.2 You warrant that the Site is free of springs, flooding, rock, tree stumps, (unless specified to be removed under the Quotation), mine workings, covered wells, or other cavities, running sand, service pipes and cables. Sewage or land drains, foundations and sub-structure of former buildings or other hazards or obstructions which are not reasonably apparent by visual inspection of the surface of the Site or which have not been made known by You to Us in writing prior to the date of the Quotation remain your responsibility throughout the works. You agree to remove all apparatus and move all physical obstructions prior to commencement of the Works.
6.3 Without prejudice to Your rights and remedies, where You are in breach of clause 6.1 above and the Site is found to be affected by problems described in clause 6.2 and additional Services are necessary to complete the Works, We shall inform You of the same and
(a)provide You with a further quotation with an estimate of the cost to undertake the additional work to deal with the problems identified which will be valid for 7 days.
(b)in the event that the further quotation is not accepted by You within the 7 days specified, We reserve the right to terminate this contract in accordance with clause 12 Our Right to cancel.
6.4 You agree to provide access to water, electricity and toilet facilities wherever available for use by Us in carrying out the Works agreed. The provisions of these services and facilities shall be at the sole cost of You the Client. If portable toilet facilities are required, the cost will be added to Your account.
6.5 You will be responsible for ensuring the safety of all children, family members, pets, animals, and visitors at all times whilst the Works are being carried out on Your premises. We request that the ground is free from animal faeces and if it is not an additional charge of £10 will be made to clear it on each occasion it has to be cleared during the period of the works.
6.6 It is Our policy to reduce unnecessary landfill and waste. Where possible, suitable materials will be recycled on Site. This in no way affects the quality of work supplied but has a positive effect on the environment and in most cases offers savings on project costs. Provision for removal of Works waste will have been made in Your Quotation. Any additional waste not quoted for or not associated with the Works will not be removed unless agreed in writing and priced accordingly.
7. MATERIALS ON SITE
7.1 Materials delivered to Site become Your responsibility and We accept no loss, damage, or expense after delivery of the Materials to site for any reason. We shall not be liable for any loss or theft of Materials from site. Any additional Materials required following damage, loss or theft shall be at Your expense.
7.2 All Materials brought to site which prove to be in excess to the Work’s requirements shall remain the property of and shall be removable by Us who shall have the right to enter the Site for that purpose.
8. DELAY AND DISRPUTION
8.1 Any delays / disruptions may incur additional costs if We are unable to have regular reasonable access to the site or you instruct us to proceed with Works due to conditions outlined in clause 6.3.
9. OUR LIABILITY TO YOU
9.1 If We fail to comply with these Terms, We are responsible for the direct loss or damage costs, charges, expenses limited to the value of the contract which You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage costs, charges, expenses that are not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by You and Us at the time we entered this contract.
9.2 We will make good any damage to your property caused by Us during installation of the Works. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation of the Works by Us.
9.3 We supply the Works for domestic and private use. If you are a consumer you agree not to use the Services for any commercial, business or re-sale purpose. If You are a business We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 You agree that no Site is free from weeds and that accumulated weed growth and dormant weed cannot be eradicated in certain locations and that We shall have no liability for any subsequent weed growth.
9.5 Following completion of the Order, You agree to be responsible for the continuing maintenance of the Site, unless otherwise agreed by You and Us. We advise You to consult our website for our product-specific care notes.
9.6 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors.
(b) fraud or fraudulent misrepresentation.
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any costs incurred, failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. This means any act or event beyond Our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, adverse weather, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, government order, decree or regulations or failure of public or private telecommunications networks.
10.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our completion of the Works, We will restart the Works as soon as reasonably possible after the Event Outside Our Control is over.
10.3 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Works. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks or in accordance with Our cancellation rights in clause 12.
11.YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 Before We begin your Works, you have the following rights to cancel the Works as follows:
(a) You may cancel your Works at any time before the start date by contacting Us. We will confirm your cancellation in writing to you.
(b) If you cancel under clause 11.3(a) and you have made an advance payment, We will refund this to you within 14 days.
(c )However, if you cancel under clause 11.3(a) and We have already started Works by that time You will pay Us any costs We reasonably incurred in starting the Works, and this charge will be deducted from any refund that is due to You or, if no refund is due to You, invoiced to You. We will tell You what these costs are when You contact Us. However, where You have cancelled because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), You do not have to make any payment to Us.
11.2 Once We have begun Your Works, you may cancel the Contract at any time by providing Us with at least 10 calendar days’ notice in writing. Any advance payment you have made will be refunded to You less materials purchased, and number of days’ labour incurred.
11.3 Once We have begun to provide the Services to You, You may cancel the Contract for Services with immediate effect by giving Us written notice if:
(a) We break this Contract in any material way and We do not correct or fix the situation within 7days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets.
(c) We are affected by an Event Outside Our Control.
12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 We may cancel the Contract at any time with immediate effect by giving You written notice if:
(a) You do not pay Us when you are supposed to as set out in clause 5.3. This does not affect Our right to charge You interest under clause 5.3; or
(b) You break the Contract in any other material way, and You do not correct or fix the situation within Seven (7) days of Us asking You to in writing. Breaking the Contract includes (but is not limited to) the following:
(c) You fail to allow Us access to the Site .
(d) You breach your promise in clause 6.2.
(e) You decline our further quotation for additional work as stated in clause 6.3.
13.** INFORMATION ABOUT US AND HOW TO CONTACT US**
13.1 Our full details are**:**
Marlene Lento Design Studio Ltd, registered in England and Wales, company registration number 08257878,
registered office and address: The Old Store Mascalls Pound Farm, Paddock Wood, TN12 6LT.
Our registered VAT number is 152 5798 85.
13.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01892 833488 or by e-mailing Us at .
13.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the Contract), you can send this to Us by e-mail, by hand, or by pre-paid post. We will confirm receipt of this by contacting You in writing. If We have to contact You or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you have provided to Us.
14. HOW WE WILL COLLECT AND USE YOUR PERSONAL INFORMATION
We will collect and process Your personal information in accordance with the General Data Protection Regulations (GDPR). Personal information collected will be processed for the reasons outlined in this clause.
14.1 We will use the personal information you provide to Us to:
(a) provide a Quotation.
(b) provide the Works.
(c) process your payment for such Works.
14.2 We use the information You provide primarily for the provision of Services to You and for related purposes including updating and enhancing client records, analysis to help us manage Our business, statutory returns, and legal and regulatory compliance. Please note that Our work for You may require us to give information to third parties such as professional advisers. This is for the legitimate interest in relation to your matter. We may from time to time want to send You information which we think might be of interest to You. We are unable to send any updates, invitations to events, newsletters in the event that You have not expressly opted in to this. You agree to us taking and retaining photographs and videos of the site for use in connection with Our records of the Works and Our own marketing purposes and in doing so We will not identify You on the site in any marketing we carry out.
15. OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
15.2 You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
15.3 This contract is between You and Us. No other person shall have any rights to enforce any of its Terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
15.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
16. WARRANTIES
We guarantee that all plants and trees supplied are inherently healthy when planted. Responsibility cannot be accepted for loss after planting since subsequent site conditions are beyond Our control unless You have commissioned Us with the complete and exclusive maintenance and aftercare of the planted areas.
17. HEALTH AND SAFETY
We will take appropriate and practical measures to ensure the environment in which Works are being carried out is safe to avoid risk of injury to Us or other parties; You the Client are expected to do the same. Outside of working hours, where works are ongoing, We accept no liability for the actions of You or other household members or guests which result in damage or injury to persons or property.
We reserve the right to refuse to undertake work in an environment which is deemed to be unsafe or where the Works are unsafe, illegal (or not in the spirit of Building Regulations) or where We consider the other parties will be put at risk because of the works being undertaken.
If You notice any situation, property, equipment, or materials that You believe to be unsafe You must inform Us immediately.
If any form of asbestos or other hazardous material covered by the Control of Substances Hazardous to Health (COSHH) regulations is discovered on site, We will notify You and may cease work until it has been removed and disposed of in compliance with the relevant legislation. The cost of removal and disposal shall be met by You