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 TERMS & CONDITIONS FOR BLUE GARDEN PRODUCTS

Discounts and other offers if applicable will be mentioned with each individual products.

Offers cannot be clubbed with other active offers or coupons

In case of any partial returns/cancellations, the refund amount will be adjusted with the discount availed.

Offers are valid online till dates mentioned only.

Blue Garden reserves the right to modify or withdraw the terms and conditions of the offer without any prior notice

 

TERMS & CONDITIONS FOR CUSTOM ART / SCULPTURE WORKS

1. All Custom art work designs and costs have to be approved by customers prior to placing order.

2. The actual work may vary slightly from reference photos or computer generated models.

3. Advance payments if any, would be clearly mentioned in each individual quotation and approved by the customer. Receipt of payment received shall be given to customers within 24 hrs of receipt of payment.

4. No refund is entertained in case of custom art / sculpture works.

5. Shipping charges may apply to individual orders.

 

 

1. SCOPE OF THE AGREEMENT FOR CUSTOM LANDSCAPING ORDERS

1.1 Subject to the terms and conditions of this Agreement:

1.1.1 Blue Garden Consultancy undertakes to carry out the agreed works; and

1.1.2 the Customer undertakes to accept and pay for the agreed works.

2. CUSTOMER’S RESPONSIBILITIES

2.1 The Customer warrants that:

(a) the Customer is the owner of the property stated on the cover page of this agreement (“Site”) or is authorised by the owner of the Site to carry out the agreed works on the Site; and

(b) Blue Garden Consultancy shall have free and unimpeded access to the Site for the purpose of carrying out the agreed works, and that (except where agreed otherwise) the Site will be cleared of all debris prior to commencement of the agreed works.

2.2 The Customer shall ensure that, if other parties are to be allowed access to the Site during the term of this agreement, this shall be by agreement with Blue Garden Consultancy, and the Customer shall ensure that such other contractors are co-ordinated to allow unimpeded access to the Site or completion of works by Blue Garden Consultancy.

3. CONTRACT SUM AND PAYMENT

3.1 The Customer shall pay to Blue Garden Consultancy the agreed price (“Contract Sum”) in the manner, at the rate and at the times provided in this agreement.

3.2 The Customer shall pay Blue Garden Consultancy the amounts due under clause 3.1 within 7 days of receiving an invoice from Blue Garden Consultancy.

3.3 Where any moneys owing under this agreement are not paid by the due date, the Customer shall pay interest equal to 1.5 times the interest rate payable by Blue Garden Consultancy for its overdraft facilities at the time of the default. This interest shall be paid from the date on which the amount became due to the date of payment together with all debt collection costs incurred by Blue Garden Consultancy.

3.4 All materials supplied by Blue Garden Consultancy, including materials incorporated into the agreed works, shall remain the property of Blue Garden Consultancy until payment has been made in full. Blue Garden Consultancy shall be entitled to unrestricted access to the Site to dismantle and remove all agreed works and materials if payment is not made in accordance with this agreement.

3.5 If the Site is sold or is in any way disposed of, prior to all payments being made to Blue Garden Consultancy, the Customer shall hold the proceeds of such sale or disposition in trust for Blue Garden Consultancy to the extent that any monies remain owing under this agreement.

3.6 All sums a payable without deduction, setoff, counterclaim or cross demand of any kind

4. VARIATIONS

4.1 The Customer may request modifications or amendments to the agreed works at any time during the term of this agreement and Blue Garden Consultancy shall use its best endeavors to comply with all such requests, provided that the parties shall immediately negotiate in good faith to determine whether any such modifications or amendments are practicable and (where applicable) agree upon an amended price. Blue Garden Consultancy shall not be required to commence work on any such amended works until the amended price is agreed.

4.2 Where any such modifications or amendments to the agreed works are agreed between the parties in accordance with clause 4.1, they shall be recorded in writing and signed by both parties, whereupon they shall be deemed to be incorporated into this agreement.

4.3 Where the parties do not reach agreement in accordance with clause 4.1, within 5 days of a request for an amendment, this agreement shall remain unchanged and shall continue to be binding on both parties.

5. LIABILITY

5.1 Blue Garden Consultancy shall exercise reasonable skill, care and diligence in the discharge of its obligations under this agreement but in respect of any loss or damage, which in any way arises out of or is connected with the performance or non performance by or on behalf of Blue Garden Consultancy of such obligations, the liability of Blue Garden Consultancy and its employees or agents (whether in contract or in tort) shall be limited to the direct losses caused by Blue Garden Consultancy to the Customer and arising out of Blue Garden Consultancy negligence, to the exclusion of all other liability.

6. DEFAULT AND TERMINATION

6.1 Either party may terminate this agreement forthwith, or in the case of Blue Garden Consultancy suspend the carrying out of the agreed works until further notice, in the event that a liquidator, trustee and bankruptcy, receiver or receiver and manager is appointed in respect of the assets of the other party.

6.2 Blue Garden Consultancy may either terminate this agreement forthwith, or forthwith suspend the carrying out of the agreed works until further notice, in the event that the Customer fails to make any payment due to Blue Garden Consultancy under this agreement by the due date.

6.3 In the event that this agreement shall have been terminated, or the carrying out of the agreed works has been suspended pursuant to clause 6, the Customer shall reimburse Blue Garden Consultancy all direct costs and expenses incurred as a consequence of such termination or suspension.

7. FORCE MAJEURE

7.1 No failure or omission by either party to carry out or observe any of the terms and conditions of this agreement shall, except in relation to obligations to make payment hereunder, give rise to any claim against the party in question or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond the control of that party.

8. INDIAN CONTRACTS ACT

8.1 This contract is subject to the Indian Contract Act, 1872. Disputes shall be settled in accordance with the provisions of that Act.

 

 

Blue Garden Consultancy,

113 A, KB Nagar , Kollam , Kerala, India 691016