Scope: Designer shall develop garden specifications on behalf of the client that may; according to specification include layout, plants, trees, shrubs, hard and soft materials, lighting, and furnishings as required. Designer shall consult and recommend to the client the consultation of other professionals such as lighting consultants, Electricians, structural engineers, tree surgeons, architects, hard landscapers and others as necessary. Designer’s services do not include contractor services, such as the above professionals. Client acknowledges that Project deadlines are subject to the vagaries of the marketplace and the performance of third parties.
All estimated prices or percentage designer's fee quoted by Gabrielle Gardens, whether written or verbal, are for the listed and mentioned services only. Any additional services required to complete a project will be quoted for in advance and charged accordingly. Deliveries and couriers are additional.
All work by Gabrielle Gardens is billed either monthly or on completion of project stage, or the relevant hourly charge as previously agreed.
Goods purchased on behalf of the client by Gabrielle Gardens must be paid for either on delivery or before or after delivery as stated in invoice or quotation.
Gabrielle Gardens shall not be responsible for plants or products that become damaged or deceased due to client's negligence eg. lack of watering or proper care.
Part or all of projects are planned to a schedule drawn up by Gabrielle Gardens. Sub-contractors and late deliveries can compromise final delivery deadlines. If this is likely to occur, Gabrielle Gardens will advise the client as soon as this becomes evident and suggest an alternative solution where feasible.
Gabrielle Gardens as designer is not a general contractor and does not directly provide contractor services. If the project requires contractors to perform work based on designers concepts, client will enter in a contract directly with each contractor needed.
Whilst every effort will be made to achieve agreed delivery, Gabrielle Gardens cannot accept liability or be held financially responsible for any targets or deadlines being missed for delivery of any work which is outside of the Gabrielle Gardens control.
Gabrielle Gardens Designer's drawings are conceptual in nature and are intended to set forth design intent; they are not to be used for engineering purposes or equivalent. Designer services do not include modifications to structural, plumbing, electrical, other mechanical systems.
For all new clients payment for the full or part amount may be requested in advance of commencement, as agreed between parties. For any subsequent invoiced work, Gabrielle Gardens must receive full payment not later than 14 days after the date of Invoice. Gabrielle Gardens reserves the right to make a surcharge of 2% per month interest to accounts that are not paid by this time.
All creative work produced and devised during a project(s), creative, digital, software files and related correspondence remain the property – physically, intellectually and in copyright, of Gabrielle Gardens until full payment has been made on the Client’s account, and all project costs have been cleared.
As part of larger projects which involve parties commissioned by the client, Gabrielle Gardens will not be held responsible in any way for services not carried out directly or indirectly by the Gabrielle Gardens.
Every endeavour will be made to deliver garden designs within the client's estimated budget. However Gabrielle Gardens is not responsible for 3rd parties or sub-contractors estimates being more than the initial budget suggested by Gabrielle Gardens.
If at any point during the design or development cycle a client wishes to cancel, they may do so but will be invoiced an amount that Gabrielle Gardens judges to be proportional to the amount of design work completed based on the Gabrielle Gardens design project percentage fee.
Gabrielle Gardens reserves the right to cancel the development cycle if the company or any of its employees are subjected to misconduct from the client; such as verbal abuse, threats or deterioration in communication and will be invoiced the amount that Gabrielle Gardens judges to be proportional to the amount of work completed.
Gabrielle Gardens reserves the right to the use projects for reasonable self-promotion.
Gabrielle Gardens shall be under no liability if it should be unable to carry out any provision of the contract for any reason beyond it’s control including (without limiting the foregoing), Act of God, Legislation, War, Act of terrorism, Fire, Flood, Drought, Failure of power supply, Lock out, Strike by sub-contractors in contemplation of furtherance of dispute or inability to procure materials required for the performance of the contract. During the continuance of such a contingency the Customer may, by written notice, elect to terminate the contract and pay for work done and materials used, but subject thereto, shall otherwise accept delivery when available.
- The Client is agreeing fully to the Company’s trading Terms and Conditions by commissioning Gabrielle Gardens services.