Dream Gardens — Terms & Conditions (Contract)

Terms and Conditions (the Terms) apply to every proposal, quotation, and landscaping or garden design/construction project undertaken by Dream Gardens ("we", "us", "our"). Together with our quotation, any agreed drawings/specifications, and any written variation(s), these Terms form the Contract between you (the Client) and Dream Gardens.

Binding effect without signature. By doing any of the following, you accept these Terms and a binding Contract is formed, even if no separate document is signed: (a) confirming our quotation by email/text/message; (b) paying any invoice or deposit; (c) granting site access or allowing us to begin work; or (d) ordering materials using our recommended suppliers or trade accounts.
1. Definitions
Contract: these Terms, our quotation/proposal, the scope of works/drawings/specification, and any agreed variations.
Works: the services, labour, and deliverables we carry out as set out in the Contract.
Site: the property where the Works are to be performed.
Materials: items, plants, fixtures, fittings, and consumables required for the Works.
2. Quotations, scope and validity
2.1 Our quotations are itemised and based on the information, plans and Site conditions known at the time of issue. Unless otherwise stated, quotations remain open for acceptance for 30 days.
2.2 Quantities, provisional sums and time indications are reasonable estimates only. If Site conditions differ from those reasonably contemplated (e.g., hidden obstructions, ground conditions, underground services in unexpected locations), we will discuss the impact on time and cost.
3. Contract formation and priority of documents
3.1 The Contract is formed when the Client accepts the quotation or otherwise accepts under the Binding effect above.
3.2 If there is any inconsistency, the order of precedence is: (1) agreed written variations; (2) the quotation scope; (3) these Terms; (4) drawings/specifications.
4. Materials and suppliers
4.1 Unless expressly stated otherwise, the Client purchases Materials directly from suppliers. We may assist by arranging orders and access to our trade prices, but title to Materials passes directly between the Client and the relevant supplier.
4.2 Prices for Materials shown in our quotation are estimates/guides only and may vary due to client selections, specification, quality, availability, supplier pricing and delivery costs.
4.3 We do not charge a markup on Materials purchased directly by the Client through recommended suppliers. Any delivery, restocking or cancellation charges are the Client’s responsibility unless caused by our error.
4.4 We will exercise reasonable care in advising on suitability of Materials, but colour, tone, grain, and natural characteristics (including weathering and seasonal variation) are normal and not defects. Manufacturer/supplier warranties (if any) apply in addition to any statutory rights.
5. Utilities and underground services
5.1 Before the Works commence, the Client must identify and clearly mark the exact locations of all underground or concealed services (gas, electricity, water, drainage, telecoms/data, irrigation, etc.). We will take reasonable care, but where locations are inaccurate, unknown or unmarked, accidental damage remains at the Client’s risk.
5.2 If unexpected services are encountered, we may pause the Works for safety and investigate; additional time and any costs of remedial measures will be agreed with the Client.
6. Electrical items and lighting
6.1 Unless expressly included in our quotation, electrical design, certification and connection to the Client’s supply are excluded. Where we install low-voltage fixtures, a qualified electrician should certify any connection to mains power.
7. Variations and additional work
7.1 The Client may request changes to the scope. We will confirm the effect on price and programme. No variation is binding unless agreed (email is sufficient).
7.2 Additional work outside the original scope will be charged at the rates set out in the quotation or, if not stated, at our standard rates current at the time of instruction.
8. Programme, access and Site conditions
8.1 Any start/completion dates are estimates and may change due to weather, Site conditions, supplier lead times, illness, holidays or events beyond our reasonable control.
8.2 The Client will provide safe, timely access to the Site, as well as water, electricity and welfare facilities as reasonably required. Parking/permit costs reasonably incurred for the Works are chargeable unless stated otherwise.
8.3 The number of skips and waste volumes stated (if any) are estimates; actual requirements may vary. Additional waste removal and skip charges will be agreed and invoiced if needed.
9. Price and payment
9.1 Labour: Labour is provided on a fixed-price basis for the quoted scope unless stated otherwise.
9.2 Materials: Unless expressly stated otherwise, the Client pays suppliers directly for Materials.
9.3 Stage payments: Labour is payable in stages during the project, with up to 90% of the labour value due over interim stages and the balance payable on completion of the Works.
9.4 Invoicing and due dates: We invoice at each stage. Invoices are due within 7 calendar days unless otherwise stated in the invoice. We may suspend the Works for non-payment after giving notice.
9.5 Late payment: We may charge interest on overdue sums at 4% per annum above the Bank of England base rate, accruing daily until paid, and recover reasonable costs of collection.
9.6 Setoff: Sums due must be paid without setoff or deduction, save as required by law or where we have agreed a credit.
10. Design and intellectual property
10.1 All designs, drawings, plans, images, visuals and content we create remain our intellectual property. We grant the Client a nonexclusive licence to use them solely for the Site and solely for the purpose of the Works, which licence becomes irrevocable on full payment.
10.2 The Client must not reproduce, share, or use our designs for other sites or with other contractors without our prior written consent.
11. Quality, inspection and completion
11.1 We will carry out the Works with reasonable skill and care consistent with industry practice.
11.2 On practical completion we will invite the Client to inspect. Any minor snags will be recorded on a snag list and remedied within a reasonable period.
12. Warranty and exclusions
12.1 We warrant our construction workmanship for six (6) months from completion. During the warranty period we will, at our option, repair or make good defects arising from our workmanship.
12.2 The warranty excludes: (a) fair wear and tear; (b) damage caused by misuse, lack of maintenance, or third parties; (c) natural changes in Materials (e.g., timber movement, efflorescence, colour variation, settlement cracking within normal tolerances); (d) plant/lawn establishment and survival, pests/disease, drought or frost; and (e) issues arising from Client-supplied designs/specifications or Materials.
12.3 Manufacturer/supplier warranties (if any) apply directly between the Client and the supplier.
13. Risk, title and insurance
13.1 Risk in Client-purchased Materials passes as between the Client and supplier according to supplier terms. 
14. Health and safety
14.1. The Client must keep pets, children and visitors away from work areas and follow our safety guidance on Site.
15. Cancellation, suspension and termination
15.1 The Client may cancel the Works before commencement by written notice. We will invoice reasonably incurred costs (including design time, administration, Site visits, nonrefundable supplier charges) up to the date of cancellation.
15.2 Either party may suspend or terminate the Contract by written notice if the other materially breaches the Contract and fails to remedy within 10 days of notice, or becomes insolvent. On termination, we will invoice for Works performed, Materials ordered, and reasonable demobilisation costs.
17. Force majeure
17.1 We are not liable for delay or failure caused by events beyond our reasonable control (e.g., extreme weather, supplier failure, epidemic, strikes, transport disruption). Time for performance is extended for the duration of such event.
18. Data protection and privacy
18.1 We will process personal data in order to perform the Contract and manage our relationship with the Client. We will keep basic records of quotations, invoices, payments and work history. Please contact us for our privacy notice.
19. Notices and communication
19.1 Formal notices must be in writing and sent by email or post to the addresses set out in the quotation or the latest communicated details. Notices by email are deemed received on the next working day after sending.
20. General
20.1 Entire agreement: The Contract is the entire agreement and supersedes prior discussions.
20.2 Severability: If any term is found unlawful or unenforceable, the remainder remains in force.
20.3 No waiver: A delay in enforcing rights is not a waiver.
20.4 Assignment: Neither party may assign the Contract without consent (not to be unreasonably withheld). We may subcontract parts of the Works while remaining responsible for their performance.
20.5 Governing law: The Contract is governed by the laws of England and Wales. The courts of England and Wales have nonexclusive jurisdiction.
21. Contact
Dream Gardens
36 Beaver Way, Reading, RG5 4UD, United Kingdom
Tel: 0118 969 2757
Mob: 07761 627 778 / 07905 350 666
Email: info@dream-gardens.co.uk
Web: www.dream-gardens.co.uk
Acceptance (for your records)
By confirming our quotation, paying any invoice or deposit, or allowing us to begin the Works, you acknowledge that you have read and agree to these Terms and Conditions.

These Terms and Conditions (the Terms) apply to every proposal, quotation, and landscaping or garden design/construction project undertaken by Dream Gardens ("we", "us", "our"). Together with our quotation, any agreed drawings/specifications, and any written variation(s), these Terms form the Contract between you (the Client) and Dream Gardens.

Binding effect without signature. By doing any of the following, you accept these Terms and a binding Contract is formed, even if no separate document is signed: (a) confirming our quotation by email/text/message; (b) paying any invoice or deposit; (c) granting site access or allowing us to begin work; or (d) ordering materials using our recommended suppliers or trade accounts.

 

1. Definitions

Contract: these Terms, our quotation/proposal, the scope of works/drawings/specification, and any agreed variations.

Works: the services, labour, and deliverables we carry out as set out in the Contract.

Site: the property where the Works are to be performed.

Materials: items, plants, fixtures, fittings, and consumables required for the Works.

 

2. Quotations, scope and validity

2.1 Our quotations are itemised and based on the information, plans and Site conditions known at the time of issue. Unless otherwise stated, quotations remain open for acceptance for 30 days.

2.2 Quantities, provisional sums and time indications are reasonable estimates only. If Site conditions differ from those reasonably contemplated (e.g., hidden obstructions, ground conditions, underground services in unexpected locations), we will discuss the impact on time and cost.

 

3. Contract formation and priority of documents

3.1 The Contract is formed when the Client accepts the quotation or otherwise accepts under the Binding effect above.

3.2 If there is any inconsistency, the order of precedence is: (1) agreed written variations; (2) the quotation scope; (3) these Terms; (4) drawings/specifications.

 

4. Materials and suppliers

4.1 Unless expressly stated otherwise, the Client purchases Materials directly from suppliers. We may assist by arranging orders and access to our trade prices, but title to Materials passes directly between the Client and the relevant supplier.

4.2 Prices for Materials shown in our quotation are estimates/guides only and may vary due to client selections, specification, quality, availability, supplier pricing and delivery costs.

4.3 We do not charge a markup on Materials purchased directly by the Client through recommended suppliers. Any delivery, restocking or cancellation charges are the Client’s responsibility unless caused by our error.

4.4 We will exercise reasonable care in advising on suitability of Materials, but colour, tone, grain, and natural characteristics (including weathering and seasonal variation) are normal and not defects. Manufacturer/supplier warranties (if any) apply in addition to any statutory rights.

 

5. Utilities and underground services

5.1 Before the Works commence, the Client must identify and clearly mark the exact locations of all underground or concealed services (gas, electricity, water, drainage, telecoms/data, irrigation, etc.). We will take reasonable care, but where locations are inaccurate, unknown or unmarked, accidental damage remains at the Client’s risk.

5.2 If unexpected services are encountered, we may pause the Works for safety and investigate; additional time and any costs of remedial measures will be agreed with the Client.

 

6. Electrical items and lighting

Unless expressly included in our quotation, electrical design, certification and connection to the Client’s supply are excluded. Where we install low-voltage fixtures, a qualified electrician should certify any connection to mains power.

 

7. Variations and additional work

7.1 The Client may request changes to the scope. We will confirm the effect on price and programme. No variation is binding unless agreed (email is sufficient).

7.2 Additional work outside the original scope will be charged at the rates set out in the quotation or, if not stated, at our standard rates current at the time of instruction.

 

8. Programme, access and Site conditions

8.1 Any start/completion dates are estimates and may change due to weather, Site conditions, supplier lead times, illness, holidays or events beyond our reasonable control.

8.2 The Client will provide safe, timely access to the Site, as well as water, electricity and welfare facilities as reasonably required. Parking/permit costs reasonably incurred for the Works are chargeable unless stated otherwise.

8.3 The number of skips and waste volumes stated (if any) are estimates; actual requirements may vary. Additional waste removal and skip charges will be agreed and invoiced if needed.

 

9. Price and payment

9.1 Labour: Labour is provided on a fixed-price basis for the quoted scope unless stated otherwise.

9.2 Materials: Unless expressly stated otherwise, the Client pays suppliers directly for Materials.

9.3 Stage payments: Labour is payable in stages during the project, with up to 90% of the labour value due over interim stages and the balance payable on completion of the Works.

9.4 Invoicing and due dates: We invoice at each stage. Invoices are due within 7 calendar days unless otherwise stated in the invoice. We may suspend the Works for non-payment after giving notice.

9.5 Late payment: We may charge interest on overdue sums at 4% per annum above the Bank of England base rate, accruing daily until paid, and recover reasonable costs of collection.

9.6 Setoff: Sums due must be paid without setoff or deduction, save as required by law or where we have agreed a credit.

 

10. Design and intellectual property

10.1 All designs, drawings, plans, images, visuals and content we create remain our intellectual property. We grant the Client a nonexclusive licence to use them solely for the Site and solely for the purpose of the Works, which licence becomes irrevocable on full payment.

10.2 The Client must not reproduce, share, or use our designs for other sites or with other contractors without our prior written consent.

 

11. Quality, inspection and completion

11.1 We will carry out the Works with reasonable skill and care consistent with industry practice.

11.2 On practical completion we will invite the Client to inspect. Any minor snags will be recorded on a snag list and remedied within a reasonable period.

 

12. Warranty and exclusions

12.1 We warrant our construction workmanship for six (6) months from completion. During the warranty period we will, at our option, repair or make good defects arising from our workmanship.

12.2 The warranty excludes: (a) fair wear and tear; (b) damage caused by misuse, lack of maintenance, or third parties; (c) natural changes in Materials (e.g., timber movement, efflorescence, colour variation, settlement cracking within normal tolerances); (d) plant/lawn establishment and survival, pests/disease, drought or frost; and (e) issues arising from Client-supplied designs/specifications or Materials.

12.3 Manufacturer/supplier warranties (if any) apply directly between the Client and the supplier.

 

13. Risk, title and insurance

Risk in Client-purchased Materials passes as between the Client and supplier according to supplier terms. 

 

14. Health and safety

The Client must keep pets, children and visitors away from work areas and follow our safety guidance on Site.

 

15. Cancellation, suspension and termination

15.1 The Client may cancel the Works before commencement by written notice. We will invoice reasonably incurred costs (including design time, administration, Site visits, nonrefundable supplier charges) up to the date of cancellation.

15.2 Either party may suspend or terminate the Contract by written notice if the other materially breaches the Contract and fails to remedy within 10 days of notice, or becomes insolvent. On termination, we will invoice for Works performed, Materials ordered, and reasonable demobilisation costs.

16 - Plant and lawn care

If you require advice on plant or lawn care, we are happy to assist; however, all maintenance remains the client’s responsibility.

17. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control (e.g., extreme weather, supplier failure, epidemic, strikes, transport disruption). Time for performance is extended for the duration of such event.

 

18. Data protection and privacy

We will process personal data in order to perform the Contract and manage our relationship with the Client. We will keep basic records of quotations, invoices, payments and work history. Please contact us for our privacy notice.

 

19. Notices and communication

Formal notices must be in writing and sent by email or post to the addresses set out in the quotation or the latest communicated details. Notices by email are deemed received on the next working day after sending.

 

20. General

20.1 Entire agreement: The Contract is the entire agreement and supersedes prior discussions.

20.2 Severability: If any term is found unlawful or unenforceable, the remainder remains in force.

20.3 No waiver: A delay in enforcing rights is not a waiver.

20.4 Assignment: Neither party may assign the Contract without consent (not to be unreasonably withheld). We may subcontract parts of the Works while remaining responsible for their performance.

20.5 Governing law: The Contract is governed by the laws of England and Wales. The courts of England and Wales have nonexclusive jurisdiction.

 

21. Contact

Dream Gardens
36 Beaver Way, Reading, RG5 4UD, United Kingdom
Tel: 0118 969 2757

Mob: 07761 627 778 / 07905 350 666

Email: info@dream-gardens.co.uk

Web: www.dream-gardens.co.uk

 

Acceptance (for your records)

By confirming our quotation, paying any invoice or deposit, or allowing us to begin the Works, you acknowledge that you have read and agree to these Terms and Conditions.