“Great Garden Rooms” means Great Garden Rooms Ltd or subsidiaries or trading names thereof.
“Goods” means any goods (including any part or parts of them) agreed in the Contract to be supplied to the Purchaser by Great Garden Rooms.
“Premises” means the premises to which any Goods are to be delivered and at which any Works are to be carried out.
“Work or Works” means the log cabin build and installation works or services (if any) agreed to be provided by Great Garden Rooms to the Purchaser as specified in the Customer Order Confirmation.
1. NO TERMS OF THE CONTRACT SHALL LIMIT ANY STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OR OTHER STATUTORY RIGHTS THAT MAY NOT BE EXCLUDED. All terms of the contract between the purchaser and Great Garden Rooms (“the Contract”) are contained in this document and any annexed Customer Order Confirmation. The contract will be concluded when we notify you of acceptance of your order. No variation of the Contract shall have effect unless agreed in writing by Great Garden Rooms.
2. PRICE
2.1 The prices for the goods and/or work shall be prices set out in the Customer Order Confirmation.
2.2 In addition to stated prices the purchaser shall be liable for all costs of insurance (in accordance with clause 10 below) and any other relevant items specified herein and of any alterations requested by the purchaser (whether before or after delivery) to approved drawings.
3 PAYMENT, CANCELLATION AND COMPENSATION
3.1 Payment of the Goods and any Work (“Price”) is due in Pounds Sterling as follows (unless otherwise agreed by Great Garden Rooms):
(a) 50% of the price to be paid as a deposit at the time of order.
(b) Balance payable 14 days prior to delivery to the Premises (with the exception of Goods sold under the terms of a finance agreement which will be subject to the terms of that agreement); funds to be fully cleared at least 10 days prior to delivery.
(c) All Goods remain the property of Great Garden Rooms until payment of all amounts owing under the Contract is made in full.
3.2 Deposits shall be paid by electronic transfer, credit or debit card or by cheque made payable to Great Garden Rooms into Great Garden Rooms designated client account. The Purchaser shall, within seven days of payment of a deposit, be entitled, by written notice to Great Garden Rooms, to cancel the Contract; in which event the Purchaser shall be entitled to a refund of monies paid less any administration or other costs.
3.3 Great Garden Rooms reserves the right to cancel any Contract at any time for good reason or reasons beyond our control, prior to delivery of Goods by written notice to the Purchaser and shall, in such event, be entitled to a refund, subject to our cancellation and refund terms.
3.4 No payment shall be deemed to have been made or received until Great Garden Rooms has received cleared funds.
3.5 Any refund may be subject to adjustment in accordance with any discount given at the point of sale and cancellations will be subject to the charges set out below.
3.6 In certain circumstances and according to Great Garden Rooms discretion holding deposits may be non-refundable.
3.7 Changes to specification that result in reductions to quantities of materials required must be notified to Great Garden Rooms within three weeks of the sale date or at the point of booking in (whichever occurs first) in order to qualify for any refund.
3.8 If at any point you receive any correspondence or contact regarding any change to bank details in relation to BACS payments, please contact your branch or the Aftersales office for confirmation prior to processing any such payment.
3.9 Great Garden Rooms reserves the right to apply interest at the rate of 8% per annum, calculated daily, above the Bank of England base rate on any invoice which becomes overdue.
3.10 In the event of an invoice becoming overdue, Great Garden Rooms reserves the right to instruct a third-party company to recover any outstanding monies along with any interest in accordance with clause 3.9. In addition, you will be liable to pay us any costs arising in the pursuance of recovery of overdue invoices, however incurred.
4 DELIVERY
4.1 Lead times provided upon order confirmation are estimates and, as such, may be subject to change but time of delivery shall not be of the essence. Fitters will usually arrive at the Premises on the day of delivery to commence work unless alternative arrangements have been made with the Purchaser (electrical and climate control installations shall be arranged separately but will usually be expected to occur within one week of the installation of the building).
4.2 Should a change to the proposed date of delivery be required by the Purchaser this will be considered, subject to availability, and may also incur an additional charge.
4.3 In the event of a pandemic or other such event which may cause significant disruption to Great Garden Rooms ability to operate then lead times may be extended by a time that is no less than concurrent with the duration of the event and its impact on said ability to operate.
5 COMPLETION
5.1 Upon completion the Purchaser must immediately inspect the Works. During the inspection, the Purchaser shall identify any areas where the Works do not meet the standard specified in the contract. If there are no such faults, Great Garden Rooms shall issue, and the Purchaser shall sign a completion certificate. The date the certificate is signed shall be the date of completion. If the inspection identifies any faults, the Purchaser shall identify these to Great Garden Rooms and Great Garden Rooms shall remedy such faults within a reasonable time. Once any faults have been remedied, the Purchaser and Great Garden Rooms shall again jointly inspect the Works; if there are no faults, the completion certificate shall be signed by both parties and completion shall take place. Should the Purchaser not be available to inspect the Works upon the completion the Purchaser must contact Great Garden Rooms within 24 hours to notify of any faults or the Works shall be deemed to have been completed.
5.2 Should the Works be subject to a finance agreement then, in accordance with the terms set out in clause 5.1, a Satisfaction note must be signed by the Purchaser (or signatory of the finance agreement or nominated third party) at the point of completion. The signatory of the finance agreement or nominated third party must be present on the final day of the installation so the Satisfaction note can be signed and any absence of said signatory could invalidate the warranty and lead to further costs should such costs be incurred by Great Garden Rooms in the attainment of the necessary signed documentation.
6 LIMITED PRODUCT GUARANTEES
6.1 Without prejudice to the Purchaser’s statutory rights Great Garden Rooms shall not be liable for any defects caused by anybody other than Great Garden Rooms, its suppliers, servants, agents or contractors. Great Garden Rooms is also not liable for any issue caused by accident, storm or other disaster beyond Great Garden Rooms reasonable control before or after delivery of the Goods.
6.2 Where Great Garden Rooms is not the manufacturer of the Goods, Great Garden Rooms shall only transfer to the Purchaser the benefit of any warranty or guarantee given to Great Garden Rooms at the company’s discretion and limited to the conditions that Great Garden Rooms own warranties stipulate.
6.3 Subject to any other provisions of the Contract Great Garden Rooms warrants and guarantees that:
6.3.1 In respect of the garden buildings only for a period of 1 year from delivery.
6.3.2 In respect of any windows, fittings and doors for a period 1 year from delivery of the goods.
6.3.3 In respect of Structural Timber Base for a period of 5 years, with the exception of any issue that arises due to circumstances beyond the control of Great Garden Rooms, such as (and not limited to) subsidence or flooding.
6.3.4 In respect of goods outside of those listed in 6.3.1,2,3 for a period as notified by Great Garden Rooms.
The Goods shall be:
(a) Of satisfactory quality within the meaning of the Consumer Rights Act 2015; and
(b) Conform to any agreed specifications and that the Work shall be of satisfactory standard.
6.4 All warranties are limited to the periods set out above and any continuance of outstanding matters will be considered as a cause for extension to these periods solely at the discretion of Great Garden Rooms.
6.5 No guarantee or warranty is given that installation Work or installed Goods will be free from condensation or that any effect to the condition of the Goods supplied will occur as a result of the natural characteristics of the product. Furthermore, failure to adequately treat the cabin with suitable preservative will invalidate any warranty.
6.6 All guarantees will end, and Great Garden Rooms shall not be liable for a breach of the Contract, if the Purchaser or any third party without Great Garden Rooms express consent alters or relocates the relevant Goods, if any other workmanship is carried out on the relevant Goods or in the event of any other breach of contract.
6.7 The Purchaser shall notify Great Garden Rooms in writing within 30 days of becoming aware of any breach of the above warranties or of any other claim or potential claim under or in connection with the Contract and shall give Great Garden Rooms reasonable opportunity to inspect and repair any defective Goods.
6.8 Our garden buildings are designed to be used in a leisure capacity and, as such, any commercial or residential use will invalidate all warranties. Furthermore, the buildings are designed to fall outside of the requirements of building regulations and, as such, are not subject to them, nor shall Great Garden Rooms accept any liability for non-compliance to such regulations.
6.9 Due to various aspects of the manufacturing process our garden buildings are designed for prompt installation and are not suited to long term storage. If installation is delayed due to circumstances beyond Great Garden Rooms control Great Garden Rooms will take all precautions possible to ensure the product remains free from defects but shall not be liable for any deterioration that may occur as a result of storage beyond quoted lead times.
7. LIMITATIONS
7.1 Subject to clause 7.2 below and save as precluded by law the following provisions set out the entire financial liability of Great Garden Rooms (including and liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of;
(a) any breach of the contract;
(b) any use made or resale by the Purchaser of any of the Goods; and
(c) Any representation, statement or tortuous act omission including negligence arising under or in connection with the Contract.
7.2 Nothing in these conditions excludes or limits the liability of Great Garden Rooms
(a) for death or personal injury caused by Great Garden Rooms negligence; or
(b) under section 2(3) Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Great Garden Rooms to exclude or attempt to exclude its liability; or
(d) For fraud or fraudulent misrepresentation.
7.3 Subject to condition 7.1 and condition 7.2:
(a) Great Garden Rooms total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the price; and
(b) Great Garden Rooms shall not be liable to the Purchaser for any pure economic loss, loss of profit, loss of business, depletion of goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
8. POLICY. In furtherance of our policy of continued improvement we reserve the right to (unless otherwise agreed in writing in the Contract) carry out all Work in a manner which we consider to be the most suitable having regard to the constructional details and topographical situation
9. PLANNING OR BUILDING REGULATION APPROVAL
9.1 Whilst Great Garden Rooms can offer advice based on our experience it is the Purchaser’s responsibility to obtain any local authority or other regulatory approvals or permissions which may be required in respect of the Goods or Works.
9.2 Stated ridge heights relate to the building itself and do not necessarily include base-work, groundwork and/or roof coverings.
10. INSURED GOODS. All Goods are at the risk of the Purchaser from the time of delivery, excluding any loss or damage caused by Great Garden Rooms negligence. Upon full payment of the Price and subsequent delivery of the Goods to the Purchaser, the Purchaser shall (at its own cost and in its own name) keep the Goods insured against damage, theft and other material risks.
11. ACCESS AND WORKS TERMS
11.1 The Purchaser shall grant Great Garden Rooms employees or representatives clear and unrestricted access to the premises at all reasonable times for the purpose of taking measurements, delivery and of carrying out the Work. If, on the date of installation, the proposed site of the building and/or access to it is in any way compromised or prohibitive to the Works then Great Garden Rooms reserves the right to reschedule at a recall charge of £395 (this amount relates to the cost of manpower lost on this and subsequent days and all other associated costs) or, in the event that any such occurrence necessitates works in addition to those within the original Contract, for said works to be charged in accordance with Great Garden Rooms pricing schedule at the time of the installation.
11.2 On approval by the Customer of the final Production Drawings for bespoke buildings (or in the case of ‘standard’ buildings, the confirmation of the sales invoice), Great Garden Rooms will, if required, provide the Purchaser with a Foundation Plan within 4 weeks of the order confirmation to indicate the points at which the structure will require support. If the Purchaser does not provide an adequate and suitable base on which the garden building is to be erected in time for the installation to commence Great Garden Rooms reserves the right to reschedule Work at a recall charge of £395 (this amount relates to the cost of manpower lost on this and subsequent days and all other associated costs) or to charge the Purchaser for time and materials to make good the base.
11.3 It is the responsibility of the Purchaser to provide adequate water, electricity and the provision of environmental services in order for Great Garden Rooms to be able to carry out the Works.
11.4 Great Garden Rooms will usually remove any waste material and packaging from the Premises but, in some cases, this may not be possible, and, in such instances, disposal of any remaining items will be the responsibility of the Purchaser.
12. CONFIDENTIALITY AND RETENTION OF INTELLECTUAL PROPERTY RIGHTS
12.1 Save as expressly provided herein nothing in the Contract shall operate to transfer to the Purchaser any intellectual or industrial property rights (including, without limitation, in goods, drawings, instructions, designs or materials) and all such rights shall, at all times, remain vested in Great Garden Rooms. Any installation drawings provided to the Purchaser or being part of the Goods or Work shall be for the Purchaser’s use only. The Purchaser shall keep confidential and, save as required by law, not disclose any confidential information of Great Garden Rooms.
13. GENERAL
13.1 Neither party shall assign the Contract or any part of it without the prior written consent of the other party, which shall not be unreasonably withheld.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, it shall to the extent of such illegality, invalidity, void ness, void ability, unenforceability or unreasonableness be deemed severable and remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by either party in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other party shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
13.7 Great Garden Rooms shall not be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond their reasonable control. Such causes include, but are not limited to: power failure, Internet Service Provider failure, acts of God, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or any other event that is beyond the control of the party in question.