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 Invoice or such other price as may be agreed in writing between us at
any time after the date of issue of the Invoice.
Deposit: The deposit specified in the Invoice.
Goods: The products we are selling to you as set out in the Invoice 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 Invoice.
Invoice: 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 Invoice.
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 Invoice 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 Invoice 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 90 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 Invoice 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 Ltd
Barclays 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
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 are covered by a manufacturer’s guarantee
while floor coverings, electrical installations, electric appliances, heaters and accessories have a one year guarantee.
Unless otherwise agreed, Modern Garden Rooms shall not carry out any groundworks other than the installation of
the pile foundations. 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
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 6 weeks prior to the first day of the build amend or cancel the Contract by
providing us with written notice. In so doing, you will forfeit any Holding Deposit paid but will not be liable to pay
the Deposit. If you amend or cancel the Contract before the first day of the build but after you have paid the Deposit
you will forfeit all Deposits paid and will be liable to us for all costs reasonably incurred in connection with the
Project until we received your amendment or cancellation.
If you cancel the Contract after the first day of the build you will be liable for all costs associated with the Project.
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) Re-perform the Services: or
b) Provide you with a full or partial refund, depending on what is reasonable;
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.
If you intend to use the Goods for a commercial or business purpose please discuss this with us before submitting
your Order. For the avoidance of doubt, we will accept no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
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
e) impossibility of the use of public or private telecommunications networks;
f) any pandemic that results in the imposition of a local / countrywide lockdown or the incapacitation of our
workforce due to illness or quarantine; or
g) 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.