Terms and Conditions
Terms and conditions of business between A Room in the Garden Ltd and the Client
Agreement: The Order Form, the Order Confirmation, the Site Survey Form, Proposal and the Terms herein
Company: A Room in the Garden Ltd, Company Number: 11050964
Customer: The person(s) firm or company who purchases a Garden Building from the Company
Installation Site: The site specified by Customer for installation of the Garden Building
Garden Building: The Garden Building specified in the Proposal above and/or Order Confirmation (which for the avoidance of doubt shall not include any Optional Extras)
Structural Elements: Means the foundation, core SIP panels of the floor, roof and external walls of the building
Non-Structural Elements: Means any parts of the Garden Building which are not either Structural Elements or Optional Extras including (without limitation) all internal cladding, windows and doors
Optional Extras: The optional extras supplied by the Company or third parties made available to the Customer and specified in the Order Form
Order Confirmation: The order confirmation issued to the Customer following receipt of an Order Form and the requisite deposit
Order Form: The order form accepted on our website, by email or in writing by the Customer confirming acceptance of these Terms
Proposal: The above document describing the Garden Building
Property: The property within or upon which the Installation Site is located
Terms: The terms and conditions set out below
- Basis of Sale
1.1 The Company will sell the Garden Building subject to these Terms.
1.2 The Customer agrees that the Agreement constitutes the entire understanding between the parties hereto and there are no representations, warranties, conditions and terms or obligations (implied or otherwise) whether written or oral, express or implied by custom or otherwise other than those specifically contained in the Agreement
1.3 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the Garden Building, which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
1.4 Any typographical, clerical or other error or omission in the order confirmation invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
1.5 In these Terms, reference to a statute or statutory provision includes a reference to it from time to time, amended, extended or re- enacted.
1.6 The headings in this Contract are for convenience only and shall not affect their interpretation.
1.7 In these Terms where two or more individuals are included in the expression “the Customer” any obligation provided by them shall be deemed to be made by such persons jointly and severally.
2.1 All Order Forms will be formally accepted by the Company by the issue of an Order Confirmation. An Order Confirmation will only be issued following receipt of an Order Form together with the requisite deposit.
2.2 If for whatever reason no formal Order Confirmation is issued by the Company, the Customer in accepting delivery and installation of the Garden Building shall be bound by these Terms and Conditions.
2.3 Once the Order Confirmation has been issued by the Company to the Customer it may only be cancelled or the installation date deferred with the written agreement of the Company signed by a director and on the condition that the Customer indemnifies the Company for all costs incurred as a result of the cancellation or deferral including labour, materials, any other charges and expenses.
- Customer Warranties
The Customer warrants that;
3.1 the Company will have unrestricted access to an adequate supply of electricity at all times during the installation at the Property
3.2 it will grant the Company suitable access to the Property at all times until payment in full has been made
3.3 the Company will have unrestricted access to toilet facilities and shelter at all times during the installation at the Property or will be given enough space on the Property to install temporary portable welfare units
3.4 the Company will have access to at least two parking spaces as close to the Installation Site as possible for the duration of the project
3.5 the Installation Site and any access routes to the Installation Site have the capacity to support a maximum load of 7.5 tonnes
3.6 the Installation Site is accessible and free from any dangers. In particular that the Installation Site is sound, level and free from any obstructions.
3.7 the Garden Building dimensions attached to the above Proposal has been checked and confirmed as well as the position of the Garden Building at the Property
3.8 it is the proprietor of the Property
3.9 it has obtained all required consents for the installation of the Garden Building including (without limitation);
3.9.1 consent from any mortgagee or charge of the Property
3.9.2 consent or planning permission from any local or public authority
3.10 the Installation Site has not been subject to subsidence, landslip or land-heave
3.11 the installation of the Garden Building does not contravene any planning or other regulation or legislation
The Customer hereby agrees at all times to keep the Company indemnified against all claims costs demands and liabilities arising as a result of the Customers breach of any warranty in this Clause 3 including (without limitation) the costs incurred by the Company as a result of any delay whilst such consents are obtained.
4.1 The Garden Building shall be installed by the Company at the Property unless otherwise agreed in writing. For the avoidance of any doubt the Garden Building is installed as an empty unit.
4.2 Any date specified by the Company in the Order Confirmation for the installation of the Garden Building is approximate only and will be confirmed by the Company at least 5 working days before installation. This date shall not be made of the essence by virtue of this confirmation. Where no dates are specified, installation will be within a reasonable time. Subject to the other provisions of the Terms the Company will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or in the actual installation of the building, nor will delay in installation entitle the Customer to terminate or rescind the Agreement. Any liability of the Company for non-delivery of the Garden Building shall be limited to refunding the deposit (if any).
4.3 The Company shall use all reasonable endeavours not to cause damage to the Customer’s property and shall make good any damage caused excluding the damage to the lawn or plants around and on the pathway to the Installation Site
4.4 If in the reasonable opinion of the Company the installation site is not accessible or does not otherwise comply with Clause 3 the Company may without limiting its rights and in its absolute discretion defer installation to a later date subject always to the Customer indemnifying the Company for all additional costs incurred due to such deferment or the Company may cancel the Agreement with immediate effect whereupon the Customer’s deposit will be returned less an amount in respect of all the Company’s charges and expenses in connection with the Agreement up to the time of such cancellation.
4.5 It is the Company’s responsibility to install Garden Building’s foundation. It is the responsibility of the Customer to ensure that the Company is informed about underground pipes, cables and other possible installation installed up to 5 meters from the surface preventing the Company from the above.
4.6 It is the Company’s responsibility to arrange for a qualified electrician to connect the Garden Building to the Customer’s electricity supply. For the avoidance of doubt, notwithstanding that the Company may have agreed at additional cost to lay or install cables or conducting media to and from the Garden Building it remains the Customer’s responsibility to inform the Company about any existing underground cables or pipes.
4.7 if the Customer’s electrical installation is not in line with the existing regulations the Company may charge additional costs for bringing the above to the acceptable level in order to ensure that the connection of the Garden Building is in line with the existing legislation.
- Company Warranty
5.1 The Company warrants that the Structural Elements of the Garden Building will be free from any significant defect for a period of 5 years from the date of the Agreement for purchase. In addition, the Company warrants that upon installation the Garden Building shall be free from any significant defect in other materials or workmanship.
5.2 If the Garden Building does not conform to these warranties the Company will take such steps as it deems necessary to bring the Garden Building into a condition where it is free from such defects or, at the option of the Company, refund the purchase price of the Garden Building to the Customer provided that the liability of the Company shall not in any event exceed the total purchase price of the Garden Building and the taking of the steps it deems necessary shall constitute an entire discharge of the Company’s liability under this warranty. If the Company opts to refund the purchase price any such refund is conditional upon the Customer providing the Company with access and all reasonable assistance that it reasonably requires in order to remove the Garden Building and upon such removal ownership of the Garden Building shall vest in the Company.
5.3 The Company shall not be liable for a breach of the warranty set out above relating to workmanship and materials other than Structural Elements, unless the Customer gives written notice to the Company within one month from the end of the build.
5.4 Any repaid or replaced goods will be guaranteed on these terms for the un-expired portion of the one month period.
5.5 All warranties, conditions and other terms implied by statute or Common Law (save for conditions implied by Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Agreement.
5.6 Where the Garden Building is sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.
5.7 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
5.8 The warranty given in this Clause shall not apply to any defects in the Studio arising as a result of any breach of the Customer’s Warranties set out at Clause 3 above or as a result of any subsidence, landslip or land-heave affecting the Installation or any other form of instability affecting the Installation Site.
5.8.1 The Company have not made allowances in the Order Form (quotation) for any revisits, after a one month period post completion, for any repair to the internal decoration.
5.9 The Company provides no warranty in relation to any Optional Extras save that it will use all reasonable endeavours to assign the benefit to the Customer of any manufacturer’s warranty relating to the Optional Extras capable of assignment.
- Alteration in Specification
The Company reserves the right to make any changes in the specification of the Garden Building which do not materially alter their quality or function or where it is necessary to conform to any applicable safety or other statutory requirements.
- Property and Risk
7.1 Risk in the Garden Building shall pass to the Customer upon handover of the keys to Garden Building and responsibility for effecting and maintaining insurance cover passes to the Customer at that time.
7.2 Title in the Garden Building shall not pass to the Customer until the Company has received payment in full (whether in cash or cleared funds) of all sums due to it in respect of the Garden Building.
- Price and Payment Terms
8.1 The price for the Garden Building and any Optional Extras shall be set out in the Order Confirmation. The price shall be inclusive of any value added tax unless stated otherwise but excludes any other applicable tax which the Customer shall pay in addition to the price.
8.2 All prices quoted are valid for 30 days from the date stated below. Any orders placed after this 30 day period has elapsed may be subject to price changes.
8.3 The Company reserves the right to price changes due to unexpected circumstances like pandemics, natural disasters, tax and international trading agreements changes affecting the country in which the installation of the Garden Buildings is taking place
8.4 Unless otherwise stated a deposit of 10% of all sums payable to the company is payable on ordering the Garden Building from the Company if placed earlier than 6 weeks before installation date. A further stage payment of 50% is due 6 weeks before the installation. A further stage payment of 25% is due at the end of the first day of construction work. The balance of such sums are payable at the time the keys to the Garden Building are handed over to the Customer and time for payment shall be of the essence. For the avoidance of doubt the full price of the Garden Building will be payable on the date that the keys are handed over notwithstanding that any Optional Extras may not have been installed or are not functional.
8.5 The Customer shall make the full payment due without any deduction whether by way of set-off, counterclaim or otherwise and no payment shall be deemed to have been received until the Company has received cleared funds.
8.6 The Company reserves the right to alter its price list at any time
- Failure to Make Payment
9.1 If the Customer fails to pay the full payment on the due date then without prejudice to its other rights and remedies the Company may charge interest both before and after Judgement on the amount unpaid at the rate of 25% per annum above the Lloyds Bank base lending rate from time to time compounded monthly until payment is made in full with a part of a month being treated as a full month for the purposes of calculating interest.
9.2 Notwithstanding the above, if full payment has not been made on the due date the Agreement may be terminated forthwith by the Company serving not less than 48 hours written notice to the Customer, whereupon the Company shall be entitled to remove the Garden Building and for such purpose the Company shall have an irrevocable licence or authority to enter upon the Installation Site with such transport as may be necessary to recover the Garden Building. The Customer shall render all reasonable assistance to the Company to enable the Customer to disconnect the electricity supply and dismantle and remove the Garden Building from the site.
9.3 If the Company takes the action permitted by Clause 9.2 the Customer shall pay a removal charge being £5,750 plus VAT together with the cost of arranging for an electrician to disconnect the power supply.
- Enforceability and Severability
Any provision of these Terms which is held to be illegal, invalid, unenforceable or unreasonable whether in whole or part shall to the extent necessary be deemed severable and the other provisions of these Terms and Conditions shall remain unaffected.
These Terms shall not be amended, modified or varied except in writing signed by a director of the Company.
12.1 The Customer shall not be entitled to assign or transfer the benefit of the Agreement or any part of it without the Company’s prior written consent.
12.2 The Company may assign the Agreement or part of it to any person, firm or company.
Save as described in these Terms and Conditions the Company shall not be liable to the Customer for any loss or damage whether direct or indirect and howsoever caused. In any event the Company’s liability to the Customer in respect of the non-performance of any of the Company’s obligations shall be limited to the price of the Garden Building.
- Force Majeure
The Company shall not be liable to the Customer or deemed to be in breach of these Terms and Conditions because of any delay or failure to perform any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s control.
If the Customer shall go into liquidation whether compulsory or voluntary (except the purposes of a bona fide reconstruction or amalgamation) or if a petition shall be presented or an order made for an administrator or if a receiver, administrative receiver or manager shall be appointed over any part of the assets or undertaking of the Customer or the Customer being an individual shall become bankrupt or make any arrangement with its creditors, then without limiting its remaining rights the Company shall be entitled to immediately recover from the Customer all sums then due and all losses arising to the Company as a result of such circumstances arising, and shall be entitled to give notice to the Customer to terminate the Agreement pursuant to Clause 9.2.
Any notices to be given shall be in writing and be deemed to be given if left at last known address of the Company or the Customer as the case may be or sent to the same by first class post or email and shall be deemed to have been received two working days after despatch if sent by post or on receipt of a transmission in legible form if by facsimile or on delivery if by hand.
No failure or delay on the part of the Company to exercise any right or remedy under these Terms shall be construed or operate as a waiver thereof. The rights and remedies provided are cumulative and are not exclusive any rights or remedies provided by law.
- Governing Law
Any claim or dispute arising out of these Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.