Isabelle Van Lennep Garden and Landscapes

TERMS AND CONDITIONS

1.        Contract Terms

1.1        We agree to provide our design services to you on the following terms and conditions.  These constitute a contract between us and you and must be read together with any other documents explicitly agreed to be part of this contract.  Any other terms and conditions contained in any other document are excluded unless their inclusion is expressly agreed in writing.

1.2        In these terms and conditions:

        1.2.1                "we" and "us" means Isabelle Van Lennep; and

        1.2.2                the "Design Services" means the services that you have ordered from us and we have agreed to provide.

1.3        Our normal charges do not include work on Bank and public holidays.  If you would like us to provide our Design Services to you on those days there will be an additional charge.

        

2.         Payment

2.1        You must pay our charges for the Design Services as agreed between us.

2.2        Our terms of payment for all charges are 14 days after the date of invoice.  In the event of late payment we reserve the right to charge interest on the outstanding balance at the Statutory Rate.

2.3        [Unless agreed otherwise, all our charges are exclusive of any applicable value added or other tax, which will be added to our invoices sent to you. probably inapplicable at the moment]

2.4        We reserve the right to suspend the Design Services if our charges are overdue for payment by you.


3.         Your Obligations

        

You agree that you:

3.1        will ensure that your employees co-operate with us in relation to the provision of the Design Services; and

3.2        will promptly give us such information as we may reasonably request for the proper and efficient provision of the Design Services.


4.        Additional Work


Any charges that we agree with you are for the work that we agree at that time.  If we are asked to carry out additional work or your instructions to us change we reserve the right to make an additional charge.


5.        Termination


5.1        Either we or you shall be entitled to terminate this Agreement immediately by written notice to the other if the other commits any material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy it within 21 days after receipt of a written notice giving full details of the breach and requiring it to be remedied.


5.2        Either of us can also terminate this Agreement if the other is the subject of a bankruptcy order     (or the equivalent in any other jurisdiction) or the other becomes insolvent or make any arrangement or composition with, or an assignment for the benefit of, its creditors or if any of its assets are the subject of any form of seizure.  If either of us is a company, the other can terminate this contract forthwith if the first party goes into liquidation, either voluntary or compulsory, or if a receiver or administrative receiver or administrator is appointed.



Liability

6.1        We warrant to you that we will seek to supply the Design Services with reasonable skill and care.  We accept liability for our own negligence, but only to the extent stated in this clause.


6.2        Nothing in this agreement shall be seen as an attempt to limit the liability for death or personal injury resulting from our negligence or for fraud.


6.3        Our liability to you under this Agreement shall not exceed the amount paid by you for the Design Services over the previous 12 months.


6.4        We accept liability for any direct loss or damage caused by our acts or failures to act.  We will

not accept liability for any special loss in any case, whether or not the possibility of potential loss was brought to our attention previously or at the time of making this contract. Our liability shall not in any event include losses related to any business of the customer such as lost data, lost profits or business interruption.


We will not be liable under this contract for any loss or damage caused by us or our employees or agents in circumstances where:


(i)        There is no breach of a legal duty of care owed to you by us or by any of our employees or      

        agents.


(ii)        Such loss or damage is not a reasonably foreseeable result of any such breach.


(iii)        Any increase in loss or damage resulting from breach by you of any term of this contract.



8.        Force Majeure


We are not liable for any breach of this Agreement caused by matters beyond our reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.


9.        General


9.1        Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified under this provision to the party giving the notice.


9.2        No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.


9.3        A person who is not a party to these terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.


9.4        If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.


9.5        This Agreement shall be governed by the laws of England and we both agree to submit to the non-exclusive jurisdiction of the English Courts.