Our Terms & Conditions
All Quotations and Contract Agreements.
Definitions: The 'Company' means MK Garden Care Ltd registered to Melanie Kerr. The 'Client' means the person or persons that request or commission MK Garden Care Ltd to carry out work. 'Contract Agreement' refers to the Brief and Fees document.
Upon signature of the Contract Agreement by the Client, a binding agreement shall arise upon the terms and conditions set out hereinafter. Any stipulation or condition in any order of acceptance by the Client which conflicts with these conditions shall be of no force or effort. A Contract will also be formed as a result of any verbal instructions or alterations from the Client regarding previously agreed work. Both the Client and the Company will hold a signed copy of these terms and conditions, which will act as a binding contract between them.
Quotes & Payments
All quotations are valid for 30 days and may be subject to alterations after that date.
All rates will be agreed before work commences and will be email to the client.
Payment for all invoices is due on receipt.
All fees, costs and prices do not include VAT and VAT is not payable.
Companies House registration 17094289.
Soft Landscaping – Anything which is living
The contractor is not able to accept responsibility for the well-being and maintenance of living plant material, including turf, shrubs, trees, plants, or hanging baskets following delivery/practical substantial completion.
It is the clients' responsibility to water/feed turf, plants, trees, hanging baskets, newly planted shrubs/trees after a landscaping project has been completed. Upon practical substantial completion, the responsibility for the care and watering of all living matter is handed over to the client and will require regular attention until established. Details of any aftercare will be included in the customer invoice or sent in writing by email.
Any plants, hanging baskets, shrubs, trees purchased, or delivered to the site cannot be exchanged or returned.
Accidental/weather damage to completed hard or soft landscaping
After practical substantial completion, MK Garden Care Ltd is not able to accept responsibility for any damage to hard or soft landscaping for example: through the elements, including drought, winds, rain, and frost to any material(s) including plants. This includes freeze-thaw action occurring in the cement work of brickwork, patios, and paving.
Accidental damage caused by the client, client's family/friends, or via a third-party who has no connection to MK Garden Care Ltd to materials or completed projects will not be covered by MK Garden Care Ltd under any circumstances.
Late Payments:
MK Garden Care Ltd reserves the right to charge interest on any late payments. Interest will be charged at 10% compounded weekly.
Garden Consults and Garden Masterclasses:
Vouchers are non-refundable other than within the 14 day cancellation period as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. No change or credit given in the event that the voucher value exceeds the total cost of the service.
Garden Consults and Garden Masterclasses are subject to all the terms and conditions stated. In addition, Garden Consults and Garden Masterclasses are based upon time on site, all pre-meeting preparation and post-meeting design or documentation follow up and sundries such as printing, postage and travel.
Copyright and Intellectual Property Rights:
Photographs taken are our copyright and we reserve the right to use photographs of the garden, before, during and after completion in promotional material, to illustrate our work. Only generic descriptions are used and no material used will include the client's personal information. However, if a client expressly requests in writing that photographs of their garden are not used, we will agree to such request. All sketches, designs, concepts, plans and documents prepared by MK Garden Care Ltd are the intellectual property of MK Garden Care Ltd and subject to copyright which remains ours notwithstanding the payment in full for the Design Services.
All photographs taken by Melanie Kerr or by her photographer for MK Garden Care Ltd remain her property and that of MK Garden Care Ltd. This remains even if images are shared with the Client or their contractor.
Use of images of your garden can be used in subsequent promotion to illustrate work completed by Melanie Kerr and MK Garden Care Ltd with her written agreement. All rights are reserved.
Cancellation:
Maintenance Works: Notice should be given 7 days notice of cancellation. Cancellation fees of 50% of the day's booking will be charged. We will only cancel works in the cases of extreme weather which has been categorised as dangerous by the MET office.
Law:
These terms and conditions are subject to the Laws of England & Wales and the client agrees to be bound by the exclusive jurisdiction of these courts.
Professional Indemnity & Public Liability.
Melanie Kerr & any representative of MK Garden Care Ltd holds insurances and can provide copies of insurance if requested.
