Terms
Company:
RWT Developments Ltd T/A WRP Garden rooms.Registered office: Ebenezer House,5a Poole Road,Bournemouth BH2 5QJ.Showsite and head office:392 Christchurch Road,West Parley,Ferndown,BH22 8SW
Customer:
The person(s), firm or company who purchases the garden room, veranda, product or service from the company.
Installation Site:
The address or site area specified by the customer for the installation of the garden room, veranda, product or service.
Garden Room/Veranda:
The garden room, veranda, product or service specified in the order form and/or order confirmation (which for the avoidance of doubt shall not include any optional extras)
Non Structural Elements:
Means any parts of the garden room, veranda, or product which are not structural elements or optional extras. Including (without limitation) all external fascias, internal trim, floor coverings, electrical installations, electric appliances, heaters, accessories, telecoms, network and external connections.
Optional Extras:
The optional extras supplied by 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 and the requisite deposit.
Property:
The property within or upon which the garden room, veranda, product or service is located.
Structural Elements:
Means the floor, roof and external walls of the garden room, veranda, product or service.
Terms:
- Basis of Sale
1.1 It is considered that any customer entering in to an agreement with the company is in acceptance of these terms and conditions. The customer is responsible for obtaining a copy of these terms and conditions for their reference.
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 agents to the customer or its employees or agents as to the garden room, veranda, product or service, which is not confirmed in writing by the company, is followed or acted upon entirely at the customers 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, deposit or final invoices 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.
1.8 The company reserves the right to amend these terms and conditions at any time.
1.9 No variations of these terms and conditions shall be of any effect unless agreed by the Company in writing.
1.9.1 If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
1.9.2 The contract shall in all respects be construed and operated as an English contract governed by English law and any dispute arising out of, or in connection herewith, shall be referred to the English courts. - Orders
2.1 All order forms will be formally accepted by the company by the issue of an order confirmation. An order acceptance confirmation will only be issued following receipt of an order together with the requisite deposit. - 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 garden room, veranda, product or service 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 Installation access routes to the installation site have the capacity to support a maximum load of 3.5 tonnes.
3.4 The installation site is accessible and free from any dangers. In particular that the installation site is of sound ground, level, free from any obstructions and suitably prepared in order to construct the garden room, veranda or product.
3.5 It is the proprietor of the property.
3.6 It has obtained all required consents for the installation of the garden room, veranda, product or service (without limitation);
3.6.1 Consent from any mortgagee or charge of the property.
3.6.2 Consent or planning permission from any local or public authority.
3.7 The installation site has not been subject to subsidence, landslip or land-heave.
3.8 The installation of the garden room, veranda, product or service 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. - Installation
4.1 The garden room, veranda, product or service shall be installed by the installation team at the property unless otherwise agreed in writing. For the avoidance of any doubt the garden room. veranda or product is installed as an empty unit.
4.2 Any date specified by the company in the order acceptance confirmation for the installation of the garden room, veranda or product is approximate only and will be confirmed by the company 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 delay in the actual installation of the garden room, veranda, product or service, nor will delay in installation entitle the customer to terminate or rescind the agreement or claim losses relating to earnings or time spend during any delay.
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.
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..
5 & 6. Company Warranty
5.1 The company warrants that upon installation the garden room, veranda or product shall be free from any significant defect in materials or workmanship for a period of 12 months. In addition if prompt payment is made (within 5 working days of the final invoice being issued) the company warrants that the main structural elements (roof, external walls and floor) of the garden room, veranda or product will be free from any significant defect for a period of 10 years (veranda 5 years) from the date of completion of the construction.
5.2 If the garden room, veranda, product or service does not conform to these warranties the company will take such steps as it deems necessary to bring the garden room, veranda, product or service into a condition where it is free from such defects.
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 30 days from the date upon which the customer signs the installation checklist referred to in clause 4.5 and the company is given a reasonable opportunity after receiving the notice of examining the garden room, product or service.
5.4 Any repaid or replaced goods will be guaranteed on these terms for the un-expired portion of the 30 day period.
5.5 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.
5.6 The warranty given in this clause 5 shall not apply to any defects in the garden room, veranda, product or service as a result of any breach of the customers 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.
5.7 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.
5.8 The company provides no warranty in relation to any adjustments to the locks or hinges on any installed timber, pvc-u or aluminium doors and windows. All door and window components are covered by their relevant manufacturers 12 months guarantee. Instructions and telephone support will be provided to any customer in relation to any adjustments required.
5.9 The company provides no warranty in relation to any damage caused by storm force weather conditions including flooding, standing water or if the garden room or product has been misused or deliberately abused.
6.0 The company provides no warranty in relation to any wear and tear, including cosmetic damage such as minor cracking or splitting or any changes in the colour, texture or staining of any external finish.
6.1 The company provides no warranty if any repairs, changes or alterations are made to the garden room, veranda or product without prior written approval from the company.
6.2 All garden rooms, verandas or products are constructed under the Permitted Development rules and should not be used for habitable accommodation. The company provides no warranty for any garden room, veranda or product used as habitable accommodation.
- Alteration In Specification
The company reserves the right to make any changes in the specification of the garden room, veranda, product or service 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
8.1 Risk in the garden room, veranda, product or service shall pass to the customer upon handover of the keys to garden room, veranda, product or service and responsibility for effecting and maintaining insurance cover passes to the customer at that time.
8.2 Title in the garden room, veranda or product shall not pass to the customer until the company has received payment in full (cleared funds) of all sums due to it in respect of the garden room, veranda, product or service. - Price And Payment Terms
9.1 The price for the garden room, veranda, product or service and any optional extras shall be shall be set out in the order acceptance confirmation. The total price shall be given including the onsite installation costs. The total price shall include value added tax where applicable.
9.2 All prices quoted are valid for 90 days from the date stated below. Any orders placed after this 90 day period has elapsed may be subject to price changes.
9.3 Unless otherwise stated a deposit of 25% (50% for veranda) of all sums payable is payable on ordering the garden room, veranda, product or service from the company. The balance payments are payable at the time the keys to the garden room, veranda, product or service 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 room, veranda, product or service 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.
9.4 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.
9.5 The company reserves the right to alter its price list at any time. - Cancellations
10.1 As all garden rooms, verandas and products are manufactured by or for the company and are specifically made to order to the customer specifications, they are exempt from cancellation rights.
10.2 The customer may cancel an order and receive a full refund up to 30 days before the installation start date. For avoidance of doubt, the scheduled installation start date is the week commencing date indicated on the most recent order confirmation sent to the customer.
10.3 If the customer wishes to cancel an order within 30 days of the scheduled installation start date the following charges will be incurred:
10.3.1 Within 30-14 days of the scheduled installation start date: 25% of the total sales price.
10.3.2 Within 7 days of the scheduled installation start date: 50% of the total sales price.
10.3.3The company reserves the right to cancel an order at any time, for any reason. In the event of the company cancelling an order, a full refund will be given to the customer. - Failure To Make Payment
11.1 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 apply after judgement to charge interest on the amount unpaid from time to time compounded monthly until payment is made in full.
11.2 Notwithstanding the above, if full payment has not been made within a period of 30 days from the date of the final invoice this agreement may be terminated forthwith by the company, where upon the company shall be entitled to remove the garden room, veranda, product or service 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 room, veranda, product or service. The customer shall render all reasonable assistance to the company to enable the company to disconnect the electricity supply and dismantle and remove the garden room, veranda, product or service from the installation site.
11.3 If the company takes the action permitted by Clause 11.2 the customer shall not only forfeit any deposit paid and in addition pay a removal charge being £5000.00 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. - Amendment
These terms shall not be amended, modified or varied except in writing signed by a director of the company. - Assignment
14.1 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.
14.2 The company may assign the agreement or part of it to any person, firm or company. - Damages
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 room, veranda, product or service. - 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. - Insolvency
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. - Notices
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. - Waiver
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.