Terms & Conditions
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in Section 12 of the Unfair Contact Terms Act 1977
1.2 “Customer” means any person who purchases Goods and Services from the “Supplier”
1.3 “Goods” means the articles specified in the Proposal
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier
1.5 “Services” means the services specified in the Proposal
1.6 “Supplier” means Great Garden Rooms, 14 Lambert Close, Purbrook, Hampshire, PO7 5XA.
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of the Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier
2.3 Nothing in the Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statue, law or regulation
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer .
2.5 Great Garden Rooms reserves the right to amend these terms and conditions at any time.
2.6 . If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
3. THE ORDER
3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days. If the Proposal is not accepted within the 30 day period, they will be deemed invalid unless the Supplier provides written consent for an extension.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4. PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal
4.2 Payment of the price shall be in the manner as specified in the Proposal
4.3 If the Customer fails to make the payment within 0 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 0.5% per month on the outstanding amounts.
5.1 The date of the delivery specified by the Supplier is an estimate only. Time for the delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses cause directly or indirectly by any delay in the delivery of the Goods
5.2 All risk in the Goods shall pass to the Customer upon delivery
5.3 If the Customer postpones/delays the installation of the Goods for any reason within 10 working days of the proposed installation date, the following penalties will be incurred:
Within 10 – 5 working days of the installation date – 10% of the cost of Goods
Within 5 working days of the installation date – 20% of the cost of Goods.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7. CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 Co-operate with the Supplier
7.2 Provide the Supplier with any information reasonably required by the Supplier
7.3 Obtain all necessary planning permissions, licences and consents which may be required before the commencement of the Services, the cost and liability for which shall be the sole responsibility of the Customer. In many cases planning permission will not be required; however it is recommended that the customer checks with their local planning officer prior to placing a deposit. Great Garden Rooms will not be held liable for any breach of Permitted Development/Planning regulations applicable to your property. If the site is in a Conservation Area we recommend that the customer contacts their local authority to confirm whether or not any Article 4 Directions (restrictions on your Permitted Development rights) have been applied to the property.
7.4 Ensure the site is cleared and prepared to facilitate the installation of the Goods
7.5 Provide any necessary parking permits and/or access approvals required to facilitate the installation of the Goods
7.6 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties
7.7 The Customer must report any faults to the Supplier immediately on discovery of the fault.
8. SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier
8.2 The Supplier shall perform the Services with the reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free from defects
8.4 The Supplier shall take reasonable care to avoid damage to plants, grass, trees and shrubs but will not be held for liable for damage caused during the installation process
8.5 The Supplier may remove the workforce from site if conditions are considered to be unsafe. The Supplier will discuss with the Customer measures to improve safety conditions before work will re-commence.
8.6 In additions to the Customer’s statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery
8.7 The Supplier provides the following Guarantee(s) in relation to the Goods and Services carried out:
a) Design and Manufacturing faults to the structure of the building – 10 Years
b) Double glazing internal misting and hinges and locks – 3 years
c) External decking – 3 years
d) Guarantee includes rot and corrosion and excludes storm or malicious damage, and general wear and tear.
e) Rooms constructed under Permitted Development are only suitable for non-habitable use. Habitable use will render the Guarantee invalid.
8.8 The Supplier has no liability in respect of weathering to external cladding and natural discolouring. Timber will naturally fade and silver over time, it is recommended that that any exposed external timber is treated by the customer within 1 month of installation and every 6 months thereafter to preserve its original colour. Superficial cracking of timber cladding and/or fascia boards is not covered under guarantee.
8.9 The Supplier is not responsible for door adjustments after a period of three months from installation, by which time the room will have settled. The Supplier will provide guidance to the Customer on how to undertake adjustments if these become required after time, or can undertake this service on the customer’s behalf however charges will apply.
8.10 Where an electrical installation and full connection has been carried out, the Supplier shall provide an electrical installation certificate to the Customer, once the final balance payment has been received.
8.11 The Supplier follows NHBC guidance in respect of plaster finished to walls and ceilings and seeks to minimise the likelihood of cracks. Settlement cracks up to 2mm may occur within the first three months which the Supplier will remedy.
8.12 The Company’s liability shall not exceed the total purchase value of the of the Goods and the taking of the steps it deems necessary to rectify any issues shall constitute an entire discharge of the Company’s liability under this warranty.
9. CANCELLATIONS AND REFUNDS
9.1 As all Products designed and manufactured by Great Garden Rooms are made-to-order, to customer specifications, they are exempt from cancellation rights.
9.2 The customer may cancel an order and receive a full refund up to 35 calendar days before the scheduled base installation date.
9.3 The customer can cancel the order and will be subject to the following:
If cancelled within 7 days of deposit being received, the deposit will be returned in full (within 30 days) minus any specific project/material costs incurred.
If the customer cancels the order less than 7 days prior to the installation date, the deposit is not eligible for return unless special circumstances are granted (at the Suppliers discretion) where the deposit may be returned minus any specific project/material costs incurred.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer on respect of any failure to complete the Services by any agreed completion date.
11. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations it the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such as provision shall be severed and the remainder of the provisions hereof shall continue in full force an effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.