TOGC Design & Consultation - Terms & Conditions Of Use


Conditions of appointment

Definitions
1. ‘The Consultant’ means The Online Garden Center.

  1. ‘The Client’ means the person or other legal entity that has accepted this fee other and conditions of appointment.

Invoices
3. Interim invoices may be delivered following completion of definable work stages or at monthly intervals in the case of longer commissions.

  1. A Final invoice will be delivered following completion of the project.

Payment terms
5. The final date for payment of an invoice is date of purchase.

Copyright
6. The Client will be entitled to use documents and drawings in executing the works for which they were prepared provided that all fees due have been paid.

  1. However, copyright in all documents and drawings shall remain the property of The Online Garden Center unless otherwise agreed. Where so agreed, copyright shall be passed to the Client only after all fees due have been paid.

Suspension and termination
8. Any Contract suspension or termination by the Client must be made in writing to the Consultant.

  1. The Consultant may suspend work on written notice following failure to be paid on time (See Payment term 5 above). Continued failure to pay may result in termination of the contract by written notice from the Consultant.
  2. The Consultant will give notice in writing to the Client of any circumstances which may cause or have caused the suspension of work.
  1. Following any suspension of the work the Consultant and Client will enter into discussions to agree a suitable course of action and programme/terms for resumption if appropriate if appropriate. Any such resumption arrangements shall be agreed between the parties in writing.
  2. Death or incapacity of the Consultant such that work cannot continue will also result in the termination of the contract.
  3. Accrued fees to the point of suspension/termination will be due and an invoice will be delivered for such.

Dispute settlement
14. Methods of dispute settlement permitted under this contract are Adjudication, Ruling on a Joint Statement and Arbitration.

  1. Dispute settlement by Ruling on a Joint Statement may be employed by mutual agreement only. Otherwise, either party may elect to have the matter referred to Adjudication or Arbitration.
  2. Dispute settlement by these means will be in accordance with the provisions set out in the Landscape Consultants Appointment, as published by the Landscape Institute.
  3. Nothing herein shall prevent the parties agreeing to settle any difference or dispute arising out of the appointment without recourse to any of these formal procedures.

Governing Laws
18. The application of these conditions shall be governed by the Laws of the Republic of  Ireland.

  1. The Consultant will act in compliance with Safety, Health and Welfare at Work Act 2005, Safety in Industry Act 1980, Construction Regulations 2013 and Construction Regulations 2013. This includes health and safety responsibilities and duties of designers for all construction projects as well as additional duties for ‘notifiable’ projects.
  1. Risk.
    The risk of loss or damage to plants and materials shall pass to the client from the time of delivery and the contractor shall not be responsible beyond this point. For example any damage to plants by hail, theft or other natural forces out of ‘The Landscape Design Studios’ control will be for the clients account.
  1. General 
    Upon receipt of the project’s payment parties agree that a binding agreement shall arise upon the terms and conditions set out hereinafter. Any stipulation or condition in any order or acceptance by the client which conflicts with these conditions shall be of no force or effort. Upon receipt of the projects payment this also confirms that the client understands and agrees to the layout and specifications shown on the design plan and associated quotation.
  1. Validity of quotation. 
    Quotations are valid for a period of 30 days. If not accepted it shall become null and void.
  1. Risk.
    The risk of loss or damage to plants and materials shall pass to the client from the time of delivery and the contractor shall not be responsible beyond this point. For example any damage to plants by hail, theft or other natural forces out of “The Online Garden Center’s” control will be for the clients account.

    24. Defects
    .
    In the case of plans/plants/products being defective, the client shall within 30 daysafter completion, report this to the contractor in writing. Every Endeavour shall be made to replace the defective plants/products, with the same or similar. Such obligation on the contractor is subject to the client having carried out the correct care and maintenance. Any replacements of plants or products after the 30 dayperiod will be for the clients account.

    25. Underground risk. 

    Unless a detailed site plan is given to the contractor stating clearly where all pipes, cables etc. are situated, no responsibility shall be held by the contractor. Any damage arising shall therefore be for the clients account. However we shall endeavour to avoid this situation from occurring. Should underlying rock or building rubble be found after quotation, the contractor will re-evaluate the situation and calculate the cost implications. This shall be for the clients account, over and above the original quote.

    26. Building and Construction Quotes

Building and Construction costs are based on estimated linear meters or square meters as the case may be. Should any changes to the design require additional construction, these will be for the account of the client. All quotes are approximate. We recommend the client employs a Quantity Surveyor for exact budget specifications.

27. Mature Trees and plants.

The Online Garden Center will quote on large trees ex ground (i.e. mature trees) if the client requires this. The client must be aware that there is a higher risk of these larger trees dying and the contract of purchase shall be directly between the supplier of the said large trees ex ground and the client with The Online Garden Center facilitating. Any guarantees shall be provided between the client and the supplier.

  1. Drainage.
    Any additional work required during the course of the project for drainage purposes will be for the clients account.
  1. Electrical Work.
    The Online Garden Center takes no responsibility for electrical work done by external contractors.
  1. Materials
    We will endeavour to use the best local materials in our plans where budgets will allow.
  2. Change Management.
    The quote is detailed to provide a transparent schedule of costs to the clients. Any changes thereto will require changes to the quote and additional costs relating to these changes will be for the clients account. The Online Garden Center will endeavour to ensure that the client is informed of such costs during the course of the project. All details of such costs will be provided to the client in detail. The Client agrees to notify the Provider should they be unsatisfied with the work performed at any time, and allow the Provider reasonable time to correct such errors.
  1. Exclusion of Liability 
    The Online Garden Center bears no liability or responsibility for work done by contractors once our contract is completed. The Provider and Client agree to indemnify and hold one another harmless against any and all claims of loss or damage without limitation.

    33. Force Majeure

    Neither party shall be under any liability to the other party for any loss, damage, injury, delay or failure to perform any obligation hereunder if the same is wholly or partly caused, whether directly or indirectly by circumstances beyond its reasonable control.

This agreement constitutes the entire agreement between the parties and the client acknowledges that there are no collateral oral agreements or conditions in any way varying this contract, Any terms or conditions varying, or consensually cancelling this agreement shall be in writing and signed by both parties hereto.