Terms & Conditions

Terms and Conditions for Eleanor Read Garden Design

Definitions

ERGD, ‘We’, ‘I’, mean Eleanor Read Garden Design.

‘The Client’, ‘You’, mean the person or persons who request ERGD to carry out work being liable to pay ERGD fees jointly and severally.

‘Project’, ‘Works’, mean all hard and soft landscaping including preparation, construction and planting work.
‘Quotation’, ‘Contract’, and ‘Proposal’ mean the written documents sent to You which incorporate these Terms & Conditions.

Initial Consultation

Before I provide any Design Services there is an initial consultation(s). I will visit you at your garden and we can discuss your thoughts, ideas and the garden’s potential. This gives you an opportunity to meet and get to know me.

There is a £95 charge for the Initial Consultation refundable against the final garden design invoice. Travel over 10 miles from Barham will incur a charge.

Design Fees & Payment Schedules

After the Initial Consultation(s), if you wish me to provide the Design Services I will provide an Outline Brief for the garden together with a Proposal/Estimate for my fees and a schedule of payments. The Proposal/Estimate will be based upon the condition of your garden at the time of my Initial Consultation(s) and valid for 30 days.

The Proposal/Estimate is based on my best assessment of the time it will take me to perform the Design Services requested. If I find that it will take more hours than I estimated to complete the Design Services, these extra hours will be charged for in addition, but I will not work these hours or charge for them without first discussing it with you and receiving your agreement to proceed.

Fees described in the Proposal/Estimate may be charged at an hourly rate or a fixed amount for specified work. Site visits charged as agreed.

I will need to have your written confirmation (including by email) that you accept the Proposal/Estimate and these terms and conditions to enable me to proceed with the Design Services. I will require a non-refundable advance payment of 50% of the Proposal/Estimate at this stage to secure my services.

Stages of the Design Process

1. The Garden Survey
An accurate, scale survey of your garden will be required to produce the design. I draw by hand using tracing paper and drawing board, I also apply the labelling and colour by hand. Please see my website for examples of finished plans. Small, straight-forward, local gardens can often be surveyed by me and one other.

With larger or more complex projects, depending on factors such as topography, the size and scale of the project, or the complexity of the site (including existing or proposed structures and ground conditions), it may be necessary for you to engage a specialist land surveyor or building surveyor. If you do not know a surveyor, I can recommend one. The contract between You and the surveyor, including fees and payment terms, will be entirely separate.

2. The Hard Landscape Design
This includes terraces, paths, borders, fences, walls, pergolas, raised beds, water features etc.

Once the survey is completed I produce a base plan, then meet you again with sketches/mood boards to co-design. After your approval of the rough sketch, I create a full-colour, hand-drawn garden design. You’ll receive digital copies, uncoloured copies, and a plastic-wallet presentation copy. I retain the master.

Further amendments beyond the agreed scope may incur additional charges. Any amendments after the final drawing is completed will also be charged.

3. The Planting Plan
Priced separately, undertaken after the Hard Landscape Design is approved. Plants are supplied in accordance with the Planting Plan and ordered/delivered by me. Payment is 50% upfront (non-refundable), 50% on delivery. Delivery costs are passed directly on to you.

4. The Contractor’s Stage

  • Your Construction Budget – I’ll design within your stated budget if provided, though costs can only be confirmed once contractors price the work. Adjustments may be necessary.
  • Your Contractor – While I can recommend contractors, the contract and liability remain between You and them. I accept no liability for their workmanship.
  • Self Builds – If you choose to self-build, this is at your own risk.
  • Party Walls/Structural Work – Responsibility lies with You to seek professional advice where required.
  • My Role During Construction – I don’t manage contractors but can make agreed site visits. Visits are chargeable. I can advise on small adjustments during construction to fine-tune the design.
  • Lighting, Ponds, Water Features – I can produce outline plans and recommend specialists, but contracts and liability lie between You and those professionals.

5. Completion and Handover
You’ll sign a Garden Hand-Over form. After this, care is your responsibility. I may recommend a gardener depending on the garden’s size and your time/knowledge.

Plant Care

Gardens require correct care, especially in the first 18 months. External factors (weather, pests, soil conditions etc.) may impact establishment. I cannot be held liable for plant losses after handover.

A bespoke maintenance schedule can be produced at extra cost if requested.

General Matters

Client’s Responsibilities
You agree to provide access, facilities (water, electricity, WC), and obtain all necessary permissions/consents (e.g. planning permission, tree works). You indemnify ERGD against costs/damages arising from failure to obtain these consents.

Payment

  • Preferred method is BACS; cheques accepted.
  • Not VAT registered.
  • Payment schedule:
    • 50% upfront to secure services.
    • 50% on delivery of design/report.

Overdue Payments
ERGD reserves the right to charge interest on overdue payments at 8% per annum compounded monthly, plus costs of recovery.

Delay or Cancellation
All commissioned design works are fully chargeable, even if you delay or abandon construction.

Copyright & Intellectual Property

  • All designs, drawings, and documents remain ERGD’s intellectual property.
  • Photos taken (with your permission) may be used for promotional purposes unless you request otherwise in writing.

Defective Goods & Plants

  • Defects must be reported immediately (or within 7 days for goods, excluding plants).
  • ERGD will repair/replace defective goods where appropriate.
  • Responsibility for plant survival post-handover lies with the client.
  • Title to goods remains with ERGD until full payment is received.

Insurance
I hold Public Liability Insurance up to £1,000,000 with Covea.

Confidentiality
All personal/business information will be treated confidentially.

Limitation of Liability
My liability is limited to the fee paid for Design Services. I am not liable for:

  • Delays caused by contractors or third parties.
  • Delayed start/finish dates (weather, external causes).
  • Contractor workmanship.
  • Transplanted plant survival (if requested by client).
  • Any delays/defects caused by others, whether recommended by me or not.

Consumer Complaints
If you have concerns, please contact me to resolve directly. If unresolved, mediation or conciliation can be considered.

Distance Selling Regulations
You may cancel within 14 days of accepting the Quotation, unless you’ve requested work begin immediately.

Scroll to Top