1.1 'Conditions' means the conditions set out in this document and any additional conditions or special terms and conditions agreed in writing by Us.
1.2 'Order' means the order recorded in writing on an order form detailing the Goods and/or Services.
1.3 'Contract' means the contract for the sale of the Goods and/or the provision of Services.
1.4 'Delivery Date(s)' or 'Installation Date(s)' means the date(s) as set out in the Order or otherwise confirmed by Us or notified to You in writing when the Goods and/or Services are to be delivered/performed.
1.5 'Goods' means the items You agree to buy from Us as detailed in the Order or otherwise specified in writing.
1.6 'Price' means the price set out or calculated in accordance with the rate or charges detailed in the Order or otherwise specified in writing or (where no price has been quoted) a reasonable price including VAT.
1.7 'Services' means the services to be provided by Us as detailed in the Order or otherwise specified in writing.
1.8 'We' or 'Us' or 'Our' means Garden Retreat Ltd and shall be deemed to include Our employees and agents (but not independent contractors).
1.9 'You' or 'Your' means the person firm or company who purchases or agrees to purchase the Goods and Services from Us.
2. CONDITIONS APPLICABLE:
2.1 The Conditions shall apply to the Contract to the exclusion of all other terms and conditions and no variation to these Conditions shall be binding unless agreed in writing by Our authorised representative. Furthermore, in entering into the Contract You acknowledge that You do not rely on any oral representations made by Us and that You waive any claim for breach of any such representations which are not subsequently confirmed in writing.
2.2 We may withdraw any quotation given at any time prior to acceptance by You and in any event any quotation shall lapse after 30 days.
2.3 Showroom samples brochures and photographs are intended as a general guide only and any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other documentation issued by Us shall be subject to correction by Us without any liability unless such correction shall fundamentally alter Your rights under the Contract to your disadvantage in which case You shall be entitled to cancel the Contract without any liability.
2.4 No variation to the details of the Order shall be deemed to be accepted by Us unless accepted in writing by Our authorized representative.
2.5 Where applicable the provisions of The Consumer Protection (Distance Selling) Regulations 2000 as amended by SI689 2005 shall apply.
2.6 We reserve the right to make changes in the specification of the Goods and/or Services which are required to conform with any applicable safety or other statutory requirements or which do not materially affect their quality or performance.
3. APPROVALS AND CONSENTS:
3.1 Unless agreed by Us in writing it is Your responsibility to obtain all relevant and necessary approvals and consents including but not limited to any Party Wall Act matters deed of covenant or landlord approval and/or those required from local authorities in respect of building regulations planning permission alterations to listed buildings or alterations carried out in a conservation area and We shall not be liable for any delay in completion of the Contract arising from your failure or delay in obtaining any of the above approvals or consents. If You request that We obtain any such approvals or consents You agree that You shall be responsible for Our costs in so doing.
3.2 You acknowledge and agree that where We supply and/or install a building then unless agreed by Us in writing We shall not be responsible for ensuring the said supply and/or installation of the building is in accordance with or satisfies any building regulations.
4. DELIVERY AND INSTALLATION:
4.1 We shall give You reasonable notice of the Delivery Date(s)/Installation Date(s). Any dates quoted for delivery of the Goods and/or performance of the Services are approximate only (and assume no delays in payment, whereupon time shall not run for the purposes of this clause) and We shall not be liable for any reasonable delay in delivery/performance arising from any circumstances beyond our control or by failure by You to give adequate instructions or any other default by You.
4.2 You will permit Us to access the site where the Goods are to be delivered/Services are to be performed at all reasonable times between the hours of 8am and 5pm any Monday to Friday provided that We give You notice no later than the day before.
4.3 You agree to provide Us with full and proper address details sufficient to clearly identify the delivery address.
4.4 You agree to advise Us if there are any difficulties regarding access from the public highway to the address where the building will be delivered. You are also responsible for ensuring that access through the property is suitable bearing in mind the size of the building ordered. If the access is restricted reasonable additional charges may be payable or the building may be delivered and left for You to arrange installation without any reduction in the Price.
4.5 Where access to an adjoining property is required to allow completion of the Contract it shall be Your responsibility to arrange such access and We shall be entitled to assume such arrangements have been made unless You advise Us otherwise in writing.
4.6 You agree to allow Us to use Your property for the storage of material and equipment whilst work is being carried out. Where mains water and electricity are connected to the property You will provide access to these supplies to enable the work to be completed.
4.7 You agree to clearly indicate to Us the position required for any building including the position of any doors and windows otherwise We will not be liable for the cost of any subsequent relocation.
4.8 Unless agreed by Us in writing it is Your responsibility to prepare a suitable base for the building and to provide a clear working area including the removal of any shrubs plants trees telephone television or electrical cables or other similar obstructions If the base is unsuitable reasonable additional charges will be payable.
4.9 If You fail to take delivery of the Goods (otherwise than by reason of Our fault) and/or fail to permit the performance of the Services by the Delivery Date(s)/Installation Date(s) then without prejudice to any other right or remedy available to Us We may EITHER store the Goods until actual delivery and charge You for the reasonable costs (including transportation and insurance) of storage and charge You for all reasonable labour costs incurred by Us OR sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses and all other reasonable costs incurred by Us) account to You for the excess over the Price or charge You for any shortfall below the Price.
4.10 We shall be entitled to deliver the Goods (whether under this Contract or any other contract) by instalments of any size and in any order although We shall endeavour to deliver the Goods/perform the Services at dates as close to each other as possible.
5.1 Showroom samples and displays are intended as a general guide only and the disposition shape dimensions materials weights and particulars of the Goods and Services are subject to minor changes to reflect improvements and modifications or any alterations necessary to reflect the recommendations of any surveyor and such changes which do not materially effect the appearance or performance of the Goods and/or Services shall not be deemed as a change to the Contract specification. Where You require the Goods and/or Services to comply with a specification You shall supply Us with such specification at the time of placing the Order.
5.2 You acknowledge and agree that the Contract specification shall reflect that timber is a natural product and variation in the finished surface colour and grain is inevitable. With changes in climate and room temperature some movement will occur and You will need to maintain all exposed timber with a good quality sealant and/or preservative (full details are available on request).
5.3 Unless agreed in writing We will not be responsible for moving or altering of any gas supplies electrical plumbing television satellite telephone installations furniture or other obstructions. You shall be responsible for making appropriate arrangements prior to the Delivery Date(s)/Installation Date(s).
6. PRICE AND PAYMENT:
6.1 Subject to any special terms agreed in writing between Us and You the Price must be paid in full at the time of the order or if a lower deposit is accepted, the balance of the Price must be paid at least 14 days prior to the anticipated delivery date.
6.2 You shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of any sum due.
6.3 We shall be entitled to increase the Price to take into account any increase in the cost which is a result of any change in specification of the Goods and/or Services which is required by You or a result of any delay caused by any instructions by You or failure by You to give Us adequate information or instructions or in consequence of any default by You.
6.4 If You fail to make payment by the Due Dates then without prejudice to any other right or remedy available to Us We shall be entitled to EITHER cancel the Contract and/or suspend any further deliveries of the Goods to You or performance of the Services (whether under this Contract or any other contract with You) AND/OR charge You interest at the rate of 3% per annum above NatWest bank base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
7. WARRANTIES GUARANTEES AND LIABILITIES:
7.1 We warrant that the Goods and Services will conform to the Contract specification and the Services will be carried out with reasonable skill and care.
7.2 Any warranty or guarantee given by Us in respect of the Goods and/or Services shall be subject to the condition that We shall be under no liability in respect of any defects in the Goods and/or Services arising from any drawing design or specification supplied by You
7.3 Any warranty or guarantee given by Us in respect of the Goods and/or Services shall be subject to the conditions that We shall be under no liability under any warranty condition or guarantee if the Price has not been paid.
7.4 Our obligation for breach of the warranties set out above shall be at Our option to replace or repair any defective products comprised in the Goods and/or remedy any defects in connection with the Services. Therefore, we can not accept any liability for the cost of any repairs to the defective products unless adequate opportunity is given to Us to carry out any necessary remedial work.
7.5 We shall not be liable for any defects injury loss or damage resulting from Your negligence or arising from lack of proper maintenance and improper use accidents unauthorised alterations or faulty workmanship on the part of others (excepting Our agents or employees but not any independent contractors) except that nothing in these Conditions is intended to nor shall it limit any liability on Our part in respect of death or personal injury caused by Our negligence. For the avoidance of doubt, we shall not be liable for any defects injury loss or damage caused by independent contractors recommended or referred to You by Us.
7.6 Our liability (except as provided above) for any delay in performing or any failure to perform any of Our obligations in relation to the Goods and/or Services shall be limited to the excess (if any) of the cost to You in the cheapest available market for similar goods or services over the Price to replace those not delivered/performed.
7.7 If either You or We are in breach of the arrangements under this Contract neither of us will be responsible for any losses that the other suffers except those losses which are a foreseeable consequence of the breach.
7.8 We will pass onto You the full benefit of any manufacturer’s or supplier’s guarantee available in respect of the Goods and/or Services.
7.9 You shall be responsible for Our reasonable charges in connection with any inspection carried out by Us at Your request following the report of any alleged defect by You except in circumstances where We are liable under any warranty or guarantee given by Us.
7.10 Where You are dealing as a consumer Your statutory rights are not affected by these Conditions.
7.11 We guarantee to repair where we deem at Our absolute discretion it to be practicable and appropriate (and if not to replace) any faulty structural component which has developed a significant fault due to defective materials or workmanship supplied by Us (but not independent contractors) during the guarantee period.
7.12 You must notify Us of any claim under the terms of the guarantee within 28 days of discovery of the fault (in the interest of certainty We recommend that any such claim is sent by recorded delivery to Customer Service Department, Garden Retreat Ltd, Lark Cottage, 59 Martins Hill Lane, Burton, Christchurch, Dorset. BH23 7NW ).
7.13 Any guarantee given does not extend to electrical non-structural or specialist items installed where the manufacturer’s normal guarantee would apply, or to any work carried out or affected by work carried out by third parties other than Our employees or agents.
7.14 We can not and do not under any circumstances guarantee a specific delivery date or time or the specific date or time for the commencement or completion of any installation work.
8.1 In the event You wish to cancel this Contract You shall inform Us as soon as possible by giving notice in writing to Us at Garden Retreat Ltd, 59 Martins Hill Lane, Burton, Christchurch, Dorset. BH23 7NW. In the interest of certainty We recommend that any cancellation notice is sent by recorded delivery. Any monies paid by You will be refunded (without interest) less such reasonable sum for any Goods and/or Services provided and costs incurred by Us.
8.2 In the event that EITHER You make any voluntary arrangement with Your creditors or become subject to an administration order or (being an individual or a firm) become bankrupt or go into liquidation OR an encumbrancer takes possession or a receiver is appointed of any of Your property or assets then Without prejudice to any other right or remedy available to Us We shall be entitled to cancel the Contract or suspend any further deliveries or performance under the Contract without any liability on Our part to You (and if goods and materials are in transit We shall be entitled to stop those goods and materials and if the goods have been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary).
8.3 If the Goods are ordered at a distance and if the Order includes installation You may cancel the Order within 7 working days after the Order date unless you agree to allow the installation work to start before such cancellation in which case reasonable additional charges will be deducted from any refund which may be due.
8.4 If the Goods are ordered at a distance and if the Order does not include installation You may cancel the Order and return the Goods in the original condition within 7 working days after the Delivery Date. In the event of any such cancellation You are responsible for returning the Goods unless the Goods are defective otherwise reasonable additional charges for collection of the Goods will be deducted from any refund which may be due.
8.5 Except as provided above You shall not be entitled to cancel the Contract unless We agree in writing and upon terms that You pay Us in full respect of any loss (including loss of profits) costs (including the cost of any labour or materials) damages charges and expenses incurred by Us. If We cancel the Contract otherwise than provided in this Contract We must pay You any foreseeable losses or costs You suffer because of the cancellation.
9. TITLE AND RISK:
9.1 As soon as We have delivered the Goods You will be responsible for them. If you delay a delivery Our responsibility for everything other than damage due to Our negligence will end on the date We agree to deliver them as set out in the Contract.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any provision of these Conditions property in the Goods shall not pass to You until We receive in actual cleared funds payment in full of the Price and the price of all other goods agreed to be sold by Us to You for which payment is then due.
9.3 Until such time as the property in the Goods passes to You We shall be entitled at any time to require You to deliver up the Goods to Us.
10. FORCE MAJEURE:
Neither of us shall be liable for any delay in performing or failure to perform due to any act of God war strikes lock-out industrial action fire flood drought tempest or any other event beyond our reasonable control. Such delay or failure will not constitute a breach of this Contract and time for the performance of the effected obligations will be extended by such period as is reasonable.
11.1 If any provisions of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
11.2 Any notice given hereunder must be given in writing and delivered or sent by post or facsimile transmission to the residence or principal place of business of the party to whom it is addressed.
11.3 Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.
11.4 No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or other provision.
11.5 The Contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.