1. Professional Terms and Conditions of Appointment
These Terms and Conditions apply to all professional services provided by Phillip Ellis Landscape Associates Ltd unless otherwise agreed in writing. The accepted Fee Proposal, together with these Terms and any agreed scope, exclusions, schedules, programmes or written variations, shall form the appointment.
Scope
Services are limited to those stated within the accepted Fee Proposal. Anything outside the agreed scope shall constitute Additional Services.
Fees
Unless otherwise agreed: 25% upon appointment, 50% during design development and 25% upon final issue. Invoices are payable within 14 days. Late payment may incur statutory interest and recovery costs.
Additional Services
Additional services include but are not limited to additional meetings, redesign following client instruction, planning revisions, contractor queries outside the agreed scope, tender assistance, additional site visits and expert witness services. Additional services will be charged at our prevailing hourly rates.
Client Responsibilities
The Client shall provide topographical survey, utility information, arboricultural information, ecological reports, ground investigation, existing drainage information, existing structural information, architect's drawings and site ownership information. We may rely upon information supplied by others.
Site Surveys
Unless stated otherwise, surveys are excluded. We accept no responsibility for inaccuracies in third-party survey information.
Concept Design
Concept drawings are illustrative only. Construction shall not proceed from concept drawings.
Detailed Design
Construction drawings shall only be issued following approval of the concept design.
Specifications
Specifications shall relate only to the works included within our appointment. Equivalent products may require our written approval.
Levels Design
Levels are prepared from the supplied topographical survey. Contractors remain responsible for checking dimensions on site.
Drainage Design
Landscape drainage proposals are based upon available information. Connection into existing infrastructure must be confirmed by the contractor. Hydraulic calculations by Civil Engineers remain excluded unless expressly included.
Construction Details
Construction details represent design intent. The contractor remains responsible for temporary works, sequencing and buildability.
Contractor Responsibility
- Site safety.
- Temporary works.
- Setting out.
- Quality control.
- Material procurement.
- Construction methodology.
- CDM compliance.
Site Inspections
Site inspections are not included unless identified within the Fee Proposal. Inspections do not relieve contractors of their contractual obligations.
Planning
Planning applications and associated consultant coordination are excluded unless specifically included. Approval cannot be guaranteed.
Copyright
Copyright remains with Phillip Ellis Landscape Associates Ltd. A licence is granted only after payment in full. Drawings may only be used for the specific project identified. Reuse is prohibited without written consent.
Digital Models
CAD files remain our intellectual property. Electronic files are issued for convenience only. Printed signed drawings take precedence.
Variations
Any change following approval shall be treated as additional work.
Programme
Any programme or target date stated by us is an estimate only and depends on timely instructions, information, approvals, access and decisions by the Client and third parties.
Suspension
Services may be suspended where invoices remain unpaid, information is withheld, or the project is placed on hold. Remobilisation, re-issue or re-briefing work may be treated as Additional Services.
Termination
Either party may terminate the appointment by providing 14 days' written notice. The Client shall pay for all work completed to the termination date.
Liability
Our total liability shall not exceed the lesser of five times the fee paid or the level of Professional Indemnity Insurance maintained.
Force Majeure
We shall not be liable for delays arising from events beyond our reasonable control.
Dispute Resolution
The parties shall first seek to resolve disputes through negotiation before commencing legal proceedings.
Third-Party Rights
No third party shall have any right to rely upon or enforce any term of this appointment unless expressly agreed in writing.
Governing Law
These Terms are governed by the laws of England and Wales.
2. Service Level Terms
These Service Level Terms supplement the appointment conditions and are intended to reduce misunderstanding over scope, design status, approvals, communication and construction reliance.
Instructions and Authority
We may rely on instructions received from the named client contact or any person reasonably appearing to have authority on the Client's behalf. The Client shall be responsible for ensuring internal alignment before issuing design instructions, approvals, comments or changes.
Communications Record
We may treat emails, marked-up drawings, meeting notes, messaging summaries and written confirmations as the working record of instructions and decisions. Where verbal instructions are given, we may issue a written summary, and unless disputed promptly by the Client, that summary may be treated as accurate.
Miscommunication and Clarification
If instructions, comments, redlines, site information or consultant information are incomplete, ambiguous or conflicting, we may pause the relevant work pending clarification. Any time spent resolving unclear, revised or contradictory instructions may be charged as Additional Services.
Approval and Review Periods
The Client shall review issued information promptly and notify us of any concerns or discrepancies within a reasonable period. Progression to the next stage, issue of revised drawings, submission to planning, tender issue or use of documents by the Client or contractor may be treated as acceptance of the previously issued stage unless otherwise stated in writing.
Design Reliance and Stage Status
Only documents expressly identified by us as issued for the relevant purpose may be relied upon for that purpose. Concept, sketch, draft, preliminary, coordination or marked-up information is not to be used for procurement, pricing, construction or setting out unless clearly stated otherwise in writing.
Responsibility for Existing Conditions
Our services are based on visible conditions and information made available to us at the time of preparation. We are not responsible for hidden site conditions, buried obstructions, undocumented services, contamination, made ground, tree root conditions, underground water conditions or physical discrepancies not reasonably apparent from the information supplied.
Levels, Boundaries and Setting Out
Design information must be checked against the current site, legal boundaries, surveys and setting-out data before construction. The contractor remains responsible for checking dimensions, tolerances, boundary relationships and levels on site before ordering materials or commencing the works.
Planting and Establishment
Planting design is prepared in good faith using available information and normal horticultural assumptions, but establishment, survival rates, maintenance outcomes, seasonal performance, pest damage, disease and climate-related performance cannot be guaranteed unless a separate maintenance or aftercare obligation is expressly agreed in writing.
Materials and Product Availability
Specified materials, products and planting stock remain subject to availability, manufacturer changes, nursery supply, substitutions, lead times and market conditions. Equivalent alternatives may require our written review and may give rise to programme or fee adjustments.
Coordination with Others
Where our work interfaces with architects, engineers, ecologists, arboriculturists, planning consultants, quantity surveyors, contractors or specialist suppliers, we are entitled to rely on the accuracy, completeness and timeliness of their information. We are not responsible for redesign, abortive work or delay caused by omissions, late information or changes by others.
Contractor Queries and Shop Information
Requests for information, contractor queries, shop drawings, samples, mock-ups and substitutions are not included unless stated in the Fee Proposal. Review of such information, where undertaken, is for design intent only and does not transfer responsibility for fabrication, installation, temporary works or site accuracy.
Site Meetings and Site Visits
Attendance at site meetings, contractor progress meetings, snagging visits, nursery visits, mock-up reviews or additional inspections is excluded unless specifically included. Any comments made during visits are based on observations at the time and do not constitute continuous supervision, clerk of works duties or acceptance of the contractor's work.
CDM and Health & Safety
Where relevant, we will act within the duties applicable to a designer under the CDM Regulations 2015 within the scope of our appointment. Any role as Principal Designer, or any extended CDM duty beyond ordinary designer obligations, must be expressly appointed in writing.
Client Delays and Recommencement
Where a project is delayed, paused or materially changed by the Client, planning authority, contractor or third party, we may revise fees, programme, resource allocation and scope assumptions before recommencing work.
No Guarantee of Approval or Outcome
We do not guarantee planning permission, statutory approval, tender pricing, contractor performance, build cost, procurement timing, establishment success, product availability or commercial outcome.
3. Website Terms and Conditions
Acceptance
By using this website you agree to these Terms and Conditions. If you do not agree, you should not use this website.
Intellectual Property
All content including drawings, specifications, reports, photographs, graphics, logos, text and layouts remain the property of Phillip Ellis Landscape Associates Ltd. No material may be copied or reproduced without written permission.
Professional Advice
Information published on this website is intended for general guidance only. No professional advice is provided until a formal appointment has been agreed.
Accuracy
Whilst reasonable care is taken to ensure accuracy, no warranty is given that information is complete or current.
External Links
Links to external websites are provided for convenience only. Phillip Ellis Landscape Associates Ltd accepts no responsibility for external content.
Liability
To the fullest extent permitted by law we exclude liability arising from reliance upon this website.
Governing Law
These Terms are governed by the laws of England and Wales.
4. Privacy Policy
Phillip Ellis Landscape Associates Ltd processes personal information in accordance with the UK General Data Protection Regulation (UK GDPR).
Information collected may include
- Name.
- Company.
- Email.
- Telephone.
- Project details.
- IP address.
Information is collected solely for
- Responding to enquiries.
- Preparing quotations.
- Delivering professional services.
- Legal compliance.
Information is never sold to third parties. Personal information is retained only as long as necessary.
You have the right to
- Access your information.
- Correct inaccuracies.
- Request deletion where legally possible.
- Object to processing.
- Request data portability.
Contact
[email protected]
5. Cookie Policy
Our website uses cookies to improve functionality, analyse visitor statistics and remember preferences.
Users may disable cookies through their browser settings.
6. Accessibility Statement
Phillip Ellis Landscape Associates Ltd is committed to ensuring digital accessibility.
We continually improve our website to meet recognised accessibility standards.
If you experience accessibility issues please contact us at [email protected].
7. Complaints Procedure
Complaints should initially be submitted in writing. We aim to acknowledge complaints within five working days. A formal response will normally be issued within twenty working days.
8. Quality Policy
Phillip Ellis Landscape Associates Ltd is committed to delivering professional services, continual improvement, quality assurance, client satisfaction, compliance with legislation and competent staff development.
9. Environmental Policy
We seek to promote biodiversity, minimise waste, specify sustainable materials, reduce carbon emissions, encourage SuDS and improve ecological value wherever practical.
10. Health & Safety Policy
We undertake our duties under the Health and Safety at Work etc. Act 1974 and the CDM Regulations 2015. Risk management shall be considered throughout the design process.
11. Anti-Bribery & Corruption Policy
Phillip Ellis Landscape Associates Ltd operates a zero-tolerance approach towards bribery and corruption. We comply with the Bribery Act 2010.
12. Equality, Diversity & Inclusion Policy
We provide equal opportunities regardless of age, disability, race, religion, sex, sexual orientation, gender reassignment, marriage or civil partnership and pregnancy or maternity.
13. Modern Slavery Statement
Phillip Ellis Landscape Associates Ltd is committed to preventing slavery and human trafficking within our business and supply chain. We expect our suppliers to uphold the same standards.
14. Intellectual Property Policy
All original drawings, specifications, BIM models, reports, calculations, visualisations and documentation remain the intellectual property of Phillip Ellis Landscape Associates Ltd.
The Client receives a non-exclusive licence for construction of the commissioned project only following settlement of all outstanding fees. No document may be altered, reused or reproduced without written consent.
15. Registered Office & Contact Details
Phillip Ellis Landscape Associates Ltd | Company No. 17262385