TERMS OF BUSINESS
1. Definitions
REGAL EXPRESS LIMITED trading as SOMERVILLE GARDENS (Company registration no. 03316996) registered office accountants address 24 Nicholas Street, Chester, CH1 2AU is referred to as the “Supplier” and the party or parties for whom the works are provided are referred to as the “Client” in these terms of business.
2. Payment
a. In consideration of the provision of the Services by the Supplier, the Client shall pay the charges as set out in the Schedule, which shall specify whether they shall be on a time and materials basis, a fixed price basis or a combination of both. Clause 2(b-k) shall apply if the Supplier provides Services on a time and materials basis and Clause 2(b-k) shall apply if the Supplier provides Services for a fixed price. The remainder of this clause 2 shall apply in either case.
b. Where Services are provided on a time and materials basis:
i. The charges payable for the Services shall be calculated in accordance with the Supplier’s standard daily fee rates, as amended from time to time by the Supplier giving not less than one month’s written notice to the Client or in accordance with clause 2j;
ii. The Supplier’s standard daily fee rates for each person on site are calculated on the basis of nine hours per day [“standard 8 hours to take into account a 1-hour break’], worked specifically between the hours and times of 8.00 and 5.00pm [“standard times”] on weekdays (excluding public holidays);
c. Supplier:
i. Where the Supplier is required to work outside the standard times but no more than the standard 8 hours it is agreed that he overtime rate will be charged at 25% above the normal daily fee rate and;
ii. Where the Supplier is required to work longer than the standard 8 hours the Supplier shall charge at the rates of twice the normal fee rate in respect of the time exceeding the standard 8 hours;
iii. Only one of the additional charges (c)(i) and (c)(ii) shall apply and the supplier may charge proportionately and pro-rata on a time basis for any period less than one hour.
d. The Supplier shall be entitled to charge an overtime rate of an additional 25% [twenty five per cent] above the normal daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Project outside the hours referred to in clause 7(c);
e. All charges quoted to the Client shall be exclusive of VAT, which the Supplier shall add to its invoices at the appropriate rate;
f. The Supplier shall ensure that every individual whom it engages on the Services completes time sheets recording time spent on the Project, and the Supplier shall use such time sheets to calculate the charges covered by each monthly invoice referred to in clause 2. (g); and
g. The Supplier shall invoice the Client monthly in arrears for its charges for time, expenses and materials (together with VAT where appropriate) for the month concerned, calculated as provided in clause 2b and clause 2h.
h. The Supplier shall retain ownership of the Deliverables until the relevant invoice which covers those deliverables has been paid.
i. Where Services are provided for a fixed price, the total price for the Services shall be the total set out in the Fee Proposal or as amended from time to time in accordance with clause 2j. The Client shall pay the total price to the Supplier (without deduction or set-off) as set out in the Fee Proposal.
j. Any fixed price and daily rate contained in Fee Proposal excludes:
(i) the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services, the cost of any materials and the cost of services reasonably and properly provided by third parties and required by the Supplier for the supply of the Services. Such expenses and materials shall be invoiced by the Supplier; and
(ii) VAT, which the Supplier shall add to its invoices at the appropriate rate.
k. The parties agree that the Supplier may review and increase the charges set out in the Fee Proposal. The Supplier shall give the Client written notice of any such increase before the proposed date of that increase. If such increase is not acceptable to the Client, it may, within 14 days of such notice being received or deemed to have been received in accordance with clause 20, terminate the agreement one month’s written notice to the Supplier.
l. The Client shall pay each invoice submitted to it by the Supplier, in full and in cleared funds, within 30 days of receipt to a bank account nominated in writing by the Supplier.
m. Without prejudice to any other right or remedy that it may have, if the Client fails to pay the Supplier on the due date, the Supplier may:
n. Time for payment shall be of the essence of this agreement.
o. All sums payable to the Supplier under this agreement shall become due immediately on its termination, despite any other provision. This clause 2 (o) is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
p. The Supplier may, without prejudice to any other rights it may have, set off any liability of the Client to the Supplier against any liability of the Supplier to the Client.
3. Terms of Business and Payment Schedule
50% – Deposit to secure the team and materials.
40% – Commencement amount upon first day on site
10% – Completion amount
Any agreed extra works to be paid on completion of that item of works once approved and signed off by the client/ designer.
The final payment must be made within 7 days from the date of invoice or a surcharge will be added to the total amount owing and thereafter 2.5% every 7 days until final payment has been received.
Bank Transfer is preferred.
4. Duty of Company
The Company shall carry out the Original Works and any Additional Works exercising reasonable skill and care. The Company’s works do not include advice in connection with (a) the Party Walls Act 1996 or (b) the Construction (Design and Management) Regulations 2015 in respect of which the Client should seek separate advice. The Client’s attention is drawn to the provisions of this Act and Regulations. Further, the Company has no responsibility for the design of the Original Works or any Additional Works unless expressly agreed otherwise in writing by the Company.
5. Commencement and Duration
The Supplier shall provide the Services to the Client on the terms and conditions of this agreement. The Supplier shall provide the Services to the Client from the date specified in the Fee Proposal. The Services supplied under this agreement shall continue to be supplied until the Project is completed in accordance with the Fee Proposal unless this agreement is terminated.
6. Fee Proposal
The Fee Proposal shall be agreed in the following manner:
a. The Client shall be provided by the Supplier with a Fee Proposal, setting out the specifications of the services which have been requested by the Client, including a description of what work is to be done, dates by which each stage of the work is requested to be started and finished, Deliverables [including plants and materials], and where appropriate such other information as the Supplier may request to allow the Supplier to prepare a draft Fee Proposal; b. the Supplier shall, as soon as reasonably practicable, provide the Client with a draft Fee Proposal; and c. the Supplier and the Client shall discuss and agree the draft Fee Proposal and when it has been agreed, they shall both sign a copy of it and it shall become the Schedule and subject to the terms of this agreement.
b. Once the Fee Proposal has been agreed and signed in accordance with Fee Proposal 7. (c) no amendment shall be made to it except in accordance with Clause 6 and Clause 13.
7. Supplier’s Obligation
a. The Supplier shall use its reasonable endeavours to manage, and complete and provide the Services, and to deliver the Deliverables to the Client, in accordance with the Fee Proposal in all material respects.
b. The Supplier shall use reasonable endeavours to meet Project Milestones specified in the Fee Proposal, any such milestone dates shall be estimate dates only.
c. Time for performance by the Supplier shall not be of the essence of this agreement.
d. The Supplier shall guarantee any plants as part of the Deliverables for a period of three months only from the date of delivery to the Client providing the Client fully follows the advice given by the Supplier.
8. Client’s Obligation
The client shall:
a. provide clear and concise instructions to the Supplier for the drafting of the Fee Proposal;
b. co-operate with the Supplier in all matters relating to the Fee Proposal and the Services including the agreement of the final wording of the Fee Proposal;
c. provide, for the Supplier, in a timely manner, access to the Client’s premises, and other facilities as reasonably required by the Supplier;
d. be responsible (at its own cost) for preparing and maintaining the relevant premises for the supply of the Services, including identifying, monitoring, removing and disposing of any hazardous materials from its premises in accordance with all applicable laws, before and during the supply of the Services at those premises, and informing the Supplier of all of the Client’s obligations and actions under this clause 9 (d);
e. ensure that all Client’s Equipment is in good working order and suitable for the purposes for which it is used in relation to the Services;
f. obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, the installation of the Supplier’s Equipment, and the use of the Client’s Equipment in relation to the Supplier’s Equipment, in all cases before the date on which the Services are to start; and
g. keep, and maintain the Supplier’s Equipment in accordance with the Supplier’s instructions as notified and shall not dispose of or use the Supplier’s Equipment other than in accordance with the Supplier’s written instructions or authorisation;
h. If the Supplier’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
i. The Client shall be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) that arise directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this agreement, subject to the Supplier confirming such costs, charges and losses to the Client in writing.
j. The Client will personally instruct any other third party as necessary and agreed in the Fee Proposal notwithstanding the fact that the Supplier may give instructions to a third party. The Client understands that the Supplier takes no responsibility for the work and conduct of any third parties instructed by the Client under this clause (j). “Third party” includes any landscape agent, building contractor, builder, civil engineer, structural engineer or any other third party either as an individual, company or separate entity of any kind).
9.Changes to the Fee Proposal
If either party requests a change to the scope or execution of the Services, the Supplier shall, within a reasonable time, provide a written estimate to the Client of:
a. the likely time required to implement the change;
b. any necessary variations to the Supplier’s charges arising from the change;
c. the likely effect of the change on the Fee Proposal; and
d. any other impact of the change on this agreement.
e. If the Client wishes the Supplier to proceed with the change, the Supplier has no obligation to do so unless and until the parties have agreed the necessary variations to its charges, the Services, the relevant Fee Proposal and any other relevant terms of this agreement to take account of the change and this agreement has been varied in accordance with clause 13.
f. Notwithstanding clause (5), the Supplier may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services. The Supplier may, from time to time and subject to Client’s prior written consent, which shall not be unreasonably withheld or delayed change the Services, provided that such changes do not materially affect the nature or quality of the Services.
g. The Supplier may charge for the time it spends assessing a request for change from the Client on a time and materials basis in accordance with clause 13.
10. Confidentiality and Supplier’s Property
a. The Client shall keep in strict confidence all technical or commercial know how, specifications, processes or initiatives which are of a confidential nature and have been disclosed to the Client by the Supplier, its employees, agents, consultants or subcontractors and any other confidential information concerning the Supplier’s business or its products which the Client may obtain.
b. The Client may disclose such information:
i. to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Client’s obligations under this agreement; and
ii. as may be required by law, court order or any governmental or regulatory authority.
c. The Client shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause 10.
d. The Client shall not use any such information for any purpose other than to perform its obligations under this agreement.
e. All materials, equipment and tools, drawings, specifications and data supplied by the Supplier to the Client (including Pre-existing Materials and the Supplier’s Equipment) shall, at all times, be and remain as between the Supplier and the Client the exclusive property of the Supplier, but shall be held by the Client in safe custody at its own risk and maintained and kept in good condition by the Client until returned to the Supplier, and shall not be disposed of or used other than in accordance with the Supplier’s written instructions or authorisation.
11. Termination
a. Subject to clauses 11 (d) and 11 (e), this agreement shall terminate automatically on completion of the Project in accordance with the Fee Proposal.
b. Without prejudice to any other rights or remedies which the parties may have, either party may terminate this agreement without liability to the other on giving the other not less than one months’ written notice if:
i. the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than thirty-five days after being notified in writing to make such payment; or
ii. the other party commits a material breach of any of the material terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
iii. the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement; or
iv. the other party suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
v. the other party commences negotiations with all, or any class of, its creditors with a view to rescheduling any of its debts, or makes a proposal for, or enters into any compromise or arrangement with, its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies, or the solvent reconstruction of that other party; or
vi. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies, or the solvent reconstruction of that other party; or
vii. an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the other party; or
viii. a floating charge holder over the assets of that other party has become entitled to appoint, or has appointed, an administrative receiver; or
ix. a person becomes entitled to appoint a receiver over the assets of the other part
x. or a receiver is appointed over the assets of the other party; or
xi. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
xii. any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 11.b (iv) to clause 11.b (xi) (inclusive); or
xiii. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
c. The parties acknowledge and agree that any breach of clauses 2, 7 and 8 shall constitute a material breach for the purposes of this clause 11.
d. On termination of this agreement for any reason:
i. the Client shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt;
ii. the Client shall, within a reasonable time, return all of the Supplier’s Equipment, and Deliverables. If the Client fails to do so, then the Supplier may enter the Client’s premises and take possession of them. Until they have been returned or repossessed, the Client shall be solely responsible for their safe keeping; and
iii. the accrued rights and liabilities of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
e. On termination of this agreement (however arising) the following clauses shall survive and continue in full force and effect:
i. Clause 10
ii. Clause 11
iii. Clause 27
12. Budget/Timescale
The Company does not warrant that either Company’s Original Services or any Additional Services can be complete in accordance with any timetable or budget nor that Planning Consent and/or any Statutory Approvals will be granted. The Company will carry out the Original and any Additional Services within a reasonable period. Time is not of the essence.
13. Architect and other Third Parties
It may be necessary to appoint an architect, a sculptor, a contractor or other third parties or specialists to advise on various aspects of the project. This party must be appointed by the Client and not the Company on behalf of the Client. The Client will be responsible for payment of the architect, sculptor, contractor or other third parties and specialists’ fees. The Company will not be liable to the Client for the actions of the said architect, sculptor, contractor or other third parties or specialists.
14. Limitation and Insurance
The liability of the Company for any loss or damage suffered or alleged to have been suffered or to be suffered by the Client (except in respect of death or personal injury) shall be limited to £2m. The Company holds the following insurances: Employer’s Liability £10m and Public Liability £2m.
a. This clause 14 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Client in respect of any breach of this agreement, including:
– Any use made by the Client of the Services, the Deliverables or any part of them; and
– Any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
b. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
c. Nothing in this agreement limits or excludes the liability of the Supplier:
– Or death or personal injury resulting from negligence; or
– For any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Supplier; or
– For any liability incurred by the Client as a result of any breach by the Supplier of the clause as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
d. Subject to clause 14b and clause 1c:
– The Supplier shall not be liable for:
Loss of use or any special indirect, consequential or pure economic loss, costs, damages, charges or expenses;
– The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall be limited to the value of the Project.
15. Data Protection
The client acknowledges and agrees that detail of the Client’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of the Supplier in connection with the Services.
16. Resolution of Disputes
This contract is subject in all respects to English law, and the English courts shall have exclusive jurisdiction with regard to all matters arising under or in connection with it. If any dispute or difference (“Dispute”) shall arise between the Company and the Client during the course of or subsequent to the carrying out of the Original Works or any Additional Works, the parties shall meet in a good faith effort to resolve the Dispute.
17. Force Majeure
a. A party, provided that it has complied with the provisions of clause17(c) shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement (and, subject to clause 17 (d), the time for performance of the obligations shall be extended accordingly) arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:
– acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
– war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
– terrorist attack, civil war, civil commotion or riots;
– nuclear, chemical or biological contamination or sonic boom;
– voluntary or mandatory compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law);
– fire, explosion or accidental damage;
– loss at sea;
– adverse weather conditions;
– collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
– any labour dispute, including but not limited to strikes, industrial action or lockouts;
– non-performance by suppliers or subcontractors to the supplier; and
– interruption or failure of utility service, including but not limited to electric power, gas or water.
b. The corresponding obligations of the other party will be suspended to the same extent.
c. Any party that is subject to a Force Majeure Event shall not be in breach of this agreement provided that:
– it promptly notifies the other party in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance;
– it could not have avoided the effect of the Force Majeure Event by taking precautions which, having regard to all the matters known to it before the Force Majeure Event, it ought reasonably to have taken, but did not; and
– it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event, to carry out its obligations under this agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
d. If the Force Majeure Event prevails for a continuous period of more than two months, either party may terminate this agreement by giving thirty days’ written notice to the other party. On the expiry of this notice period, this agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of this agreement occurring prior to such termination.
18. Variation
Subject to clause 9, no variation of this agreement or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of each of the parties.
19. Waiver
a. Failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a waiver of that (or any other) right or remedy, nor shall it preclude or restrict any further exercise of that (or any other) right or remedy.
b. No single or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of any such right or remedy.
c. A waiver (which may be given subject to conditions) of any right or remedy provided under this agreement or by law shall only be effective if it is in writing and shall apply only to the party to whom it is addressed and for the specific circumstances for which it is given. It shall not prevent the party who has given the waiver from subsequently relying on the right or remedy in other circumstances.
d. A party that waives a right or remedy provided under this agreement or by law in relation to another party or takes or fails to take any action against that party, does not affect its rights in relation to any other party.
e. Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.
20. Severance
a. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement, and the validity and enforceability of the other provisions of the agreement shall not be affected.
b. If a provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to the greatest extent possible, in order to achieve the parties’ original commercial intention.
21. Entire Agreement
a. This agreement and any documents referred to in it or annexed to it and initialled by the parties constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
b. Each party acknowledges that, in entering into this agreement and the documents referred to in it or annexed to it, it does not rely on any statement, representation, assurance or warranty (Representation) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement or those documents. Each party agrees that the only remedies available to it arising out of or in connection with a Representation shall be for breach of contract as expressly provided in this agreement.
c. Nothing in this clause shall limit or exclude any liability for fraud.
22. Assignment
a. The Client shall not, without the prior written consent of the Supplier, assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under this agreement.
b. The Supplier may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under this agreement.
c. Each party that has rights under this agreement is acting on its own behalf and not for the benefit of another person.
23. No Partnership or Agency
Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
24. Rights of Third Parties
A person who is not a party to this agreement shall not have any rights under or in connection with it.
25. Notices
a. A notice or other communication given to a party under or in connection with this agreement:
i. shall be in writing in English (or accompanied by a properly prepared translation into English);
ii. shall be signed by or on behalf of the party giving it;
iii. shall be sent for the attention of the person, at the address or email number specified in this clause (or to such other address, email number or person as that party may notify to the other, in accordance with the provisions of this clause); and
iv. shall be:
– delivered personally; or
– sent by commercial courier
– sent by email; or
– sent by pre-paid first-class post or recorded delivery; or
– sent by airmail requiring signature on delivery.
b. The addresses for service of a notice or other communication are as follows:
i. Supplier – Address: Somerville Gardens, Regal Express Ltd
ii. Client – as per the Fee Proposal
c. If a notice or other communication has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows:
d. For the purposes of this clause:
e. To prove delivery, it is sufficient to prove that:
f. The provisions of this clause 20 shall not apply to the service of any process in any legal action or proceedings.
g. A notice or other communication required to be given under or in connection with this agreement shall not be validly served if sent by e-mail.
26. Dispute Resolution
a. If any dispute arises in connection with this, the Supplier and the Client shall, within fourteen days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.
b. If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation, a party must give notice in writing (ADR notice) to the other party requesting mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than fourteen days after the date of the ADR notice.
c. The commencement of mediation will not prevent the parties commencing or continuing court proceedings or an arbitration.
27. Governing Law and Jurisdiction
a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
b. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non- contractual disputes or claims).
c. Third Party Rights – The parties hereby confirm that notwithstanding any other provision in this appointment it shall not and shall not purport to confer on any third party any right to enforce any term of this appointment for the purposes of the Contracts (Rights of Third Parties) Act 1999.
28. Guarantee
The work will be carried out to the highest current construction and horticultural standards by skilled operatives. All hard-landscaping work is guaranteed for period of 12 months and soft landscaping for 3 months. This guarantee does not include for plants supplied by the designer or garden designer or plants and lawns not correctly irrigated.
Irrigation timers attached to taps should be removed in the winter to prevent the unit from frost damage.