MODERN GARDEN ROOMS TERMS & CONDITIONS
In these conditions the following definitions apply:
Completion: The date on which we notify you that the Project has been completed.
Contract Price: The price specified on the Quotation or such other price as may be agreed in writing between us at any time after the date of issue of the Quotation.
Deposit: The deposit specified in the Quotation.
Goods: The products we are selling to you as set out in the Quotation in connection with the Project.
Order Confirmation: Is a notification which will be submitted to you to confirm the acceptance of your order by Modern Garden Rooms.
Project: The garden project to be provided by us to you and as described in the Quotation.
Quotation: Our quotation for the Goods and Services appended to these Terms or any other quotation provided to you in connection with the Goods and Services prior to you paying the Deposit.
Site: The site at which the Project is to be carried out.
Services: The services that we are providing to you in connection with the Project as described in the Quotation.
Terms: The terms and conditions as set out in this document.
We/us: Modern Garden Rooms (Company No.09592664) whose registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ
BASIS OF SALE
We consider these Terms and the Quotation to set out the whole agreement between you and us for the supply of the Goods and Services.
Please check that the details in these Terms and the Quotation are complete and accurate. If you think that there is a mistake please make sure that you ask us to confirm any changes in writing. Once you pay your Deposit you will be bound by the Terms contained herein.
Any samples, drawings, descriptions or advertising we issue and any descriptions or illustrations contained in our catalogues or brochures are issued or published solely to provide you with an approximate idea of the Goods and Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders previously placed that we have not yet fulfilled.
QUOTATION / ORDER / PAYMENT
A Quotation shall be provided free of charge upon enquiry. A Quotation will be based upon information agreed by us and the client. Each quotation will be valid for 60 days, unless we notify you in writing that we have amended or withdrawn it during this period or a different period has been agreed between us.
If you choose to accept the no obligation Quotation you should provide us with a written acceptance. We will then issue an invoice and a payment of up to 50% of the Contract Price specified in the Quotation will be required as the Deposit to secure your booking. The Order will be in place once we issue an Order Confirmation which will include the anticipated date of the commencement of works on Site. A second payment towards the Contract Price will be payable at the mid-point of the build and a final payment will be due on the day of completion. All goods remain the property of the company until paid for in full. Any balance of payment is due strictly on the final day of installation; the finished building should be inspected and signed off prior to payment.
Payments can be made by bank transfer (copy of transaction required) to Account Name:
Modern Garden Rooms
Bank Account: 93189465
Sort Code: 20-78-42
DESCRIPTION OF GOODS
Modern Garden Rooms’ brochure, website, drawings and sample specifications are to serve as a guide only and do not form part of any contract. The company reserves the right to alter specifications without prior notice. Some timber sizes are nominal and subject to normal variations. Exact specifications of your Order can be provided on request.
Modern Garden Rooms structures are covered by a comprehensive guarantee against design and manufacturing faults, material failure, corrosion and rot for a period of 10 years from the date full and final payment is received provided that the company installed the building. Doors and windows, floor coverings, electrical installations, electric appliances, heaters, accessories, telecoms, network and TV connections are covered by a one year guarantee.
Unless otherwise agreed, Modern Garden Rooms shall carry out the installation of the groundworks required for the installation of the Goods.
Where it has been agreed that you will provide the groundworks, it will be your responsibility to ensure that all groundworks have been completed (and if necessary a base installed at the delivery site) to a satisfactory quality so the delivery site is fit and adequate for the installation of the Goods by the agreed delivery date.
If the groundworks and base have not been completed in time for delivery or if they are defective or not of satisfactory quality (in our reasonable opinion), we may charge you a sum to cover any expenses incurred by us in rectifying the groundworks and base, together with any loss caused by a delay in delivering the Goods (except where this is caused by our breach of these conditions or our negligence).
ACCESS & STORAGE
You must provide access to the Site during normal working hours as well as storage space for any materials required by us in connection with the Project.
OWNERSHIP / RESPONSIBILITY FOR THE GOODS
The Goods shall be your responsibility from the time of delivery and commencement of installation and you will bear the risk of any loss, damage, destruction or theft of the Goods except where it is caused by our breach of these terms or our negligence.
Planning consent is not normally required. However, it is the customer’s responsibility to ensure that planning consent is not required for the installation or to obtain the relevant permissions prior to the commencement of the build. We recommend you seek clarification from your local planning authority.
CANCELLATION / ALTERATION
You may at any time on or up to 14 days prior to Day 1, amend or cancel the Contract by providing us with written notice. If you amend or cancel the Contract before Day 1, we shall refund your Deposit and your liability to us shall be limited to payment to us of all costs reasonably incurred in connection with the Project until we received your amendment or cancellation.
If you cancel the Contract at any time after 14 days prior to Day 1, your Deposit shall not be refundable and you will be liable for payment to us of all costs reasonably incurred in connection with the Project before we received your cancellation.
If we cancel the Contract at any time we shall refund you the Deposit.
DEFECTIVE GOODS & SERVICES
In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will, at our option, either:
- a)provide you with a full or partial refund, depending on what is reasonable; or
b)re-perform the Services.
These Terms will apply to any replacement Services we supply to you.
LIMITATION OF LIABILITY
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
When we have completed the installation and delivery of the Goods, we will make good any damage to your property caused by us in the course of installation. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation by us.
We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you intend to use the Goods for a commercial or business purpose please discuss this with us before submitting your Order.
We do not exclude or limit in any way our liability for:
- a)death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
b)fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
- a)strikes, lock-outs or other industrial action;
b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks; or
f) any acts or omissions of any subcontractor we use in connection with the Project.
We will only use the personal information you provide to us to provide the Goods and Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.