The 'Company' referred to below is My Garden Room Ltd. The 'Customer' is you - the person, firm or company purchasing a service or product from us, the Company. 'My Garden Room' is the business trading name of My Garden Room Ltd.
1. APPLICATION OF OUR LISTED TERMS & CONDITIONS
1.1. It is hereby considered that any customer entering into an agreement with My Garden Room Ltd. does so in acceptance of these stated terms and
conditions. Responsibility for obtaining access or personal copy of these terms and condition for their reference lies with the Customer.
1.2 My Garden Room Ltd retains the right to amend any of these terms and condition at any time.
1.3 For any variations in these terms and conditions to be of effect, they must be agreed by the Company in writing in advance of implementation.
1.4. Should any section of this Agreement be determined unenforceable or invalid and declared as such, the remaining sections will remain enforceable and valid.
1.5. The contract is subject to and governed by English law; it is operated as an English contract with all contents construed as such. Should any dispute arise from this contract, it will be referred to the English court system.
2. MY GARDEN ROOM PRODUCTS
2.1. The Company’s website, its brochures and all drawing serve as a guide only. They do not comprise part of any contract.
2.2. The Company strives to ensure accuracy at all times, in addition to this all measurements indicated in our online and printed materials are subject to levels of tolerance within reasonable parameters.
2.3. The company reserves the right of specification amendments without prior notice. Alterations to product specifications rarely occur but sometimes they do. Reasons for these changes include but are not restricted to: product efficiency improvement, quality improvement, materials shortage, materials cost inflation. The Company will strive to relate any planned specification amendments to the Customer.
3.1. All prices displayed within the Company website and literature include Value Added Tax (VAT) at the government’s current rate.
3.2. A transparent pricing policy is implemented at My Garden Room Ltd. The only discounts available are those advertised on our website.
3.3. A sales confirmation will be issued once the Customer order has been placed; this confirmation guarantees the fixed price unless the order remains on hold for more than 90 days.
4.1. A holding deposit of £??? is required on creation of an order. This remains fully refundable up to 42 days before your installation date, which is also the date when the balance of the deposit (50% of the sales price) is required.
4.2 Payment of the outstanding balance is due on or earlier than the final day of installation.
4.3. Should additional works of a minor scale be required (such as electrics, plastering, trimming) or any remedial action needed following the main installation, financial retention that is proportionate and reflective of the outstanding work’s total cost is agreed between My Garden Room Ltd. and the customer. This is in effect until the outstanding works have been finished.
4.4. An outstanding balance is payable via debit card, credit card or bank transfer (a copy of the transaction is required), unless other arrangements have been
agreed. Should payment be made by cheque, the cheque must be made payable to My Garden Room Ltd. All goods are the property of My Garden Room Ltd. until full payment has been received.
5.1. As every product is made to order by My Garden Room to Customer specifications, these orders have exemption from cancellation rights.
5.2. The Customer is entitled to a full refund if an order is cancelled up to 35 days before the agreed date of base installation. This date is the ‘week commencing’ date on the Customer’s order confirmation.
5.3. The order is taken with understanding from the Customer that the balance of the deposit is non-refundable. Once this balance has been paid, the order has moved into full production, so no refund will be forthcoming if the Customer cancels an order after the deposit has been paid.
5.4. If the Customer cancels the order after the base has been laid, the total sales price will be forfeited unless agreement has been arranged between the Customer and My Garden Room Ltd.
5.5. My Garden Room Ltd. reserves the right to cancel an order at any time. Reasons for cancellation are not limited. A full refund will be given to the customer in the event of the Company cancelling an order.
6. ORDERS ON HOLD
6.1. If for any reason the Customer does not wish to proceed with the installation date, the order may be placed on hold. In such an event, the holding deposit will be held on account by the company and prices remain fixed for a period of 90 days, commencing on the day the order is placed on hold. After this period, any current price changes will be applied to the held order.
6.2. Orders may remain on hold for a continuous period up to 12 months in total, after which point they will be cancelled. The Customer will be informed at this point so arrangement can be made for their receipt of their holding deposit refund. If AutoCAD documents have been provided to the Customer, no refund will be granted (see clause 7.3).
7. PLANNING PERMISSION
7.1. It is the responsibility of the customer to seek clarification from the local planning authority that planning permission is not needed for the
outbuilding. Planning consent is not usually required but this must be confirmed by the customer. My Garden Room Ltd. will not be liable for breaches of any planning regulations of which they are not aware.
7.2. In a conservation area it is recommended that the customer liaises with their local authority to clarify whether their site falls under Article 4 Directions which stipulate restrictions on your Permitted Development rights.
7.3. In cases where AutoCAD documents were provided and the Customer opts to cancel the order, the holding deposit is non-refundable. However, if planning permission is refused the holding deposit is refundable once proof of planning consent refusal is presented to the Company.
7.4. The customer must ensure that the building and location are in compliance with local authority planning approval regulations. Once a planning application has been submitted, My Garden Room Ltd. will not be liable for any changes the Customer makes to the design, location or specification of a building.
8. SCHEDULED DATES
8.1. The vast majority or My Garden Rooms Ltd. constructions are installed on
time. However, in some circumstances we cannot guarantee delivery on time. Such instances include, but are not limited to: access problems, parking difficulties and extreme weather conditions. In such cases the company cannot be held responsible for postponement or delay out of its control.
8.2. In the case of any delay in the delivery, installation or completion of an order, the Company cannot be held liable for any customer losses, charges, damages or expenses. The Company cannot be held financially liable for any follow-up visits needed to rectify building works.
8.3. All timelines are estimations only and do not form any part of a contract. The installation of a building is not guaranteed by the Company within a specific time frame.
8.4. On occasion when the Customer delays or postpones the base or building installation for any reason following payment of the 50% deposit, the penalties below will be incurred:
8.4.i. Postponement/delay within 35-15 days of the agreed installation date: 25% of total sales price.
8.4.ii. Postponement/delay within 14 days of the agreed installation date: 40% of total sales price.
8.4.iii. Any time after the base has been laid: 50% of the total sales price.
8.5. Optional upgrades are binding. Any work such as (but not exclusively) plastering, painting, electrical work, air conditioning installation, blind installation and painting will incur full charges in the event of customer cancellation after optional upgrade dates have been agreed with the company.
9. WORK ON SITE
9.1. Complying with relevant notes on the project sales order and any discussions with the site surveyor, the customer is responsible for preparing the site.
9.2. The customer bears responsibility for the provision of all required parking permits and access permissions ahead of the base and building installation. The Company requires access to water and electricity on site.
9.3. As detailed on the site preparation notes, all sites and bases must be level with specified drainage in place. A 400mm clearance perimeter in excess of the external dimensions is required to allow construction to proceed.
9.4. A delay or cancellation of the installation may result from failure to complete the necessary preparations in time. A minimum charge of £500 will be levied when a Customer has not made the specified preparations as per clauses 9.1, 9.2 and 9.3.
9.5. No products will be installed or delivered over walls and fences, or through domestic buildings or other obstacles without advance consultation and written arrangement.
9.6. All care and consideration is taken towards the Customer’s property but in the event of unavoidable damage by the installation team, My Garden Room Ltd. cannot be held liable. It is accepted by the Customer that some damage may be unavoidable such as damage to peripheral working areas and access channels.
9.7. It is advised that any garden landscaping that is planned is undertaken after
installation has been completed to avoid any wear or damage to the landscaping.
9.8. Appliances, fittings or materials provided by the customer will be installed at the good will of My Garden Room Ltd and the Company bears no liability for any damage to such items during installation. All items to be installed must have been confirmed in writing on the sales order prior to installation commencing.
9.9. In the event of Health and Safety regulations being contravened at the Customer’s location, the company reserves the right to remove its employees and contractors from the site. My Garden Room Ltd. will then enter into discussions to resolve all problems so workers can return when safe to do so and installation recommence.
9.10. Should a full risk assessment or method statement be needed, the Customer must give 6 weeks notice. Charges may be incurred depending on the level of compliance needed. All installation workers are fully trained in safe working practices including the use or personal protective equipment (PPE) according to current health and safety regulations.
9.11. My Garden Room Ltd. is covered by full liability insurance with an indemnity of £10 million. Further details can be provided on request.
9.12. The on-site design consultation completed by the company at the time of sale is an eyes-only inspection. If an underground obstacle is unearthed at the time of installation, My Garden Room Ltd. cannot be held liable.
9.13. My Garden Room Ltd. reserves the right to cancel or postpone works in the event of unforeseen events or circumstances preventing the completion of an order. A full refund will be granted to the Customer in the event of cancellation unless that cancellation has been the result of Customer action.
10.1. The Customer must be at the installation site on the base installation date and bears responsibility for confirming the location of the base installation ahead of construction. The location of the base cannot be changed once the Customer has confirmed the base position. The Customer should ensure that there is good access surrounding the site and it is clear of obstructions to enable My Garden Room Ltd. to work without physical restriction.
10.2. Fittings and apertures not supplied by the Company will only be made if arranged in advance and confirmed in writing on the sales order.
10.3. In the event of a pre-existing base such as a concrete surface being present, the Company will not be liable for any issues resulting from subsidence caused by this pre-existing base.
10.4. Spoils created as a result of the Company’s installation will only be removed from the site if arranged and confirmed in writing ahead of installation.
10.5. The ground of the installation site must be levelled as stipulated in the site preparation notes. If there is a failure by the Customer to comply ahead of installation, My Garden Room Ltd. cannot be held liable for any structural height issues.
11. ELECTRICAL WORKS
11.1. A PART P certificate can take up to 21 days to be processed. My Garden Room Ltd. will only provide the certificate if an installation requires full, external power connection. It will be forthcoming once the project balance has been paid in full. Readings are available on request for installations where a full connection is not required. For such projects, the electrician completing the full connection is responsible for certifying the electrical installation.
11.2. The Customer must ensure that their electrics comply with current building regulations. My Garden Room Ltd. provide accurate electrical works quotes but in the event that on-site cable is sub-standard, the Company cannot be held liable for any issues arising from the presence of improper cable or consumer units.
11.3. If an agreed electrical connection is not possible due to problems with the in- situ consumer unit or power source, the Company reserves the right to complete the electrical works. If additional work is needed, the Customer will be consulted and any supplementary work will be quoted for.
11.4. Connection of a cable not supplied by the Company can only be undertaken if the Customer has connected the cable to the house’s main fuse board and allowed an excess of at least 10 metres at the base installation end. If the Customer requires any extra work on the cable, such as boundary fixing, additional fees will be levied, unless arranged in advance and confirmed in writing on the sales order.
11.5. To ensure compliance with all safety regulations, the Company reserves the right to alter any electrical product specification or change any service. Any such changes and their cost will be brought to the attention of the Customer ahead of implementation.
11.6. Ethernet cable and armoured, electrical cable will never be run inside the My Garden Room or its wall cavity. This cable will be run along the exterior of the construction.
11.7. All electrical work to be carried out by My Garden Room Ltd. or the Company’s contractors must be confirmed in writing on the sales order in advance of site arrival.
11.8. The Company cannot be held responsible for any issues arising from Wi-Fi suitability. The liability of the Company for any Internet or communications service or equipment issues is limited to the value of the specific device as specified in the Customer invoice.
12. YOUR GUARANTEE
12.1. My Garden Room Ltd. constructions are covered by our transferable guarantee. The terms of this guarantee are activated on receipt of the full project balance. These terms are:
10 years: manufacturing and design faults of the building. These include the onset of
corrosion and rot.
Door and window locks and hinges.
Internal misting within double glazing.
Exterior decking (structural faults, corrosion and rot).
Interior linings, trim, blinds and accessories, floor covering.
Electrical and network connections.
Electrical appliances and installations inclusive of air conditioning units and underfloor heating.
12.2. My Garden Room Ltd. constructions created under ‘Permitted Development’ are not for use as accommodation. Any such building used for habitable accommodation renders the guarantee invalid. This guarantee does not include decorated surfaces or general wear and tear.
12.3. External cladding colour changes as a result of weather exposure are not covered by guarantee. Cedar finishes increase in silver appearance as time passes; it also fades. The Company recommends that cedar finishes be treated within one month of installation, by the Customer – and from then on at 6 month intervals.
12.4. Any door adjustments that may be needed are to be undertaken by the Customer. Advice can be provided by My Garden Room Ltd. customer services on request.
12.5. Warping is a natural effect of timber and any warping to fascia installed by the Company is not covered by guarantee.
12.6. Superficial splitting of fascia boards or timber cladding is not covered by guarantee.
12.7. The glass in a My Garden Room Ltd. building is guaranteed in compliance with the Glass and Glazing Federation guidelines, a copy of which is available on request from the Company. Once the installation has been completed and signed off on building inspection, no guarantee to cover glass imperfections or scratches will be made.
12.8. For constructions incorporating underfloor heating, the Customer must not use flat-based furniture. Furniture raised from the floor by legs should be used, if not the guarantee will be void.
12.9. Fault reporting to the Company should be immediate. Any delay may invalidate the guarantee. After a fault has been lodged with the Company, representatives from My Garden Room Ltd. will visit the site to fix any issues free of charge. No payments made to third party contractors will be reimbursed by the Company unless arranged in advance and confirmed in writing.
12.10. On occasion where the Customer is adjudged responsible for any building fault, the Company will charge the Customer for any remedial works undertaken.
12.11. Any materials, services or appliances provided by the customer but installed by the Company are not covered by guarantee. These are installed on good will
12.12. Liability of the Company shall not exceed the total purchase costs of the product under guarantee. The taking of measures to fix any issues constitutes the full discharge of Company liability under the warranty.
12.13. Subsidence to the building or surrounding construction site is not Company liability unless this subsidence is a result of My Garden Room Ltd. negligence.
12.14. After completion, any later, structural changes made to the building by the Customer or any third party will invalidate the guarantee. Any remedial works requested by the Customer in such an event will be charged as per clause 12.10.
12.15. Adequate drainage and ventilation around each side of the building must be ensured by the Customer to avoid problems such as moisture retention. The walls and base system can be adversely affected by obstructions such as paving or landscaping materials. If any side of the building is blocked in this way the guarantee will not be valid.
13. PLASTERED BUILDING
13.1. The Company complies with NHBC regulations for all internal finishes including flooring, skirting and plastering. A copy of NHBC guidelines is available on request from the Company. Plaster cracks in excess of 2mm are under guarantee for 12 months from installation completion date.
13.2. The Customer must ensure adequate ventilation during the plaster drying stage. Any moisture retention or plaster cracking as a result of poor ventilation at this stage is not Company liability.
13.3. Acoustic Pack sound reduction is designed to decrease sound by up to 45 decibels (this level may be affected by the Customer’s choice of fenestration for the building). The Company makes no claim of any building fitted with Acoustic Pack attaining a level of 100% soundproofing.
14.1. Adequate ventilation and heating must be supplied to the building all year round; this must be ensured by the Customer. A heater and functioning opening window are provided by the Company and included in the base price. No liability is accepted by My Garden Room Ltd. for any issues resulting from a failure to heat or ventilate the building as stipulated.
14.2. To aid ventilation, the Company strongly advises that all buildings are fitted with at least one window that opens. Any aluminium bi-folding doors provided are not fitted with trickle vents.
14.3. The maintenance of efficient ventilation is especially needed when the building is to be used as an exercise room or a gym. In this event, it is recommended that the room be heated and ventilated before and during use to prevent condensation on exercise equipment.
15. GROUND, GUTTER & ROOF MAINTENANCE
15.1. The Customer must ensure that the perimeter of the building is kept clear of obstructions. It is essential that an air gap below the sides and rear of the building be maintained. Weeds and other vegetation must not make contact with the construction as building intrusion may result. A clear air gap will prevent moisture being trapped beneath the building.
15.2. At least twice a year the Customer should ensure that all gutters and roofs are inspected for, and made clear of debris.
15.3. Failure to ensure clear gutters and unobstructed air gaps may damage building fabric, which will render the guarantee invalid.
15.4. Any remedial work undertaken by the Company as a result of a defect caused by the Customer not maintaining a clear perimeter around the building, will be chargeable to the Customer (as per clause 12.10).
Nothing within these stated conditions shall be construed to exclude or limit liability of the Company for personal injury or death as a result of My Garden Room Ltd. negligence or that of its agents or employees.
17. CUSTOMER FINANCE AGREEMENTS
17.1. My Garden Room Ltd, (address &postcode here) is acting as a broker not the lender. (company number here) is the credit lender and is regulated and authorised by the Financial Conduct Authority. My Garden Room Ltd. is not liable for financial services secured through the credit lender.
17.2. Credit is UK residents only and is subject to lending, status and application criteria.
17.3. Application criteria.
Eligibility for finance consideration – all customers must:
I) be aged 18 or above.
II) be employed on a permanent basis (at least 16 paid hours per week) or retired and receiving a pension or living with a partner in permanent paid employment or be self-employed.
III) have been a current UK resident for at least 12 months.
IV) provide eligible proof of address and signature.
V) be able to make bank payments via direct debits.
VI) be purchasing the product for personal use not business use.
17.4. All credit applications will be honoured for a 180 day period from date of acceptance. In the event that the Customer chooses an installation date that will occur after this period has elapsed, they will have to complete a new application.
17.5. The Customer must attend the site on the last day of installation to sign the Customer Satisfaction Note. Until this note is signed and returned to the Company, the product remains the property of My Garden Room Ltd.
17.6. Full deposit payment is due 6 weeks before the agreed installation date. If the deposit is not forthcoming within this time, a delay to the installation start date or order cancellation may result.
17.7. Amendments to finance agreements resulting from order specification changes are a possibility up to 180 days after the initial application agreement has been received by the Customer. The signing of any amended application is the responsibility of the Customer.
17.8. Cancellation of a finance agreement with the credit lender does not constitute a product order cancellation with the Company. All My Garden Room Ltd. orders are subject to postponement and cancellation charges in accordance of clauses 5 and 8 of this contract, where applicable.