TERMS AND CONDITIONS OF SALE – GREEN RETREATS LTD (The Garden Office)
TERMS AND CONDITIONS OF SALE – GREEN RETREATS LTD
These terms and conditions govern all contracts entered into by the company for the supply and sale of goods or services. Any order given to the company shall be deemed to constitute an agreement to be bound by these terms and conditions. No variations of these terms and conditions shall be of any effect unless agreed by the company in writing.
DESCRIPTION OF GOODS
The company website, brochure and any elevation drawings 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.
All prices include VAT at the current rate. Once the customer places an order and the deposit is received, a sales confirmation will be issued and the price stated will remain fixed, unless the order is put on hold for longer than 90 days.
Showroom Discount will only be applied to orders where the Customer has visited the showroom prior to the installation of their building taking place. Green Retreats Ltd adheres to a transparent pricing policy; no discounts other than the Showroom and Special Events Discounts will be applied to an order .
A £200 holding deposit is required upon placing the order and is fully refundable up to 35 days prior to the install date, at this point the balance of the deposit (50% of the sales price) is required. Final payment of the outstanding balance is due strictly on or before the final day of installation. The finished building should be inspected and signed off prior to payment.
If additional minor works (i.e. plastering, painting, electrics, trimming) or any remedial action is required after the main installation, a proportionate retention (reflecting the cost of outstanding work) is agreed between Green Retreats Ltd and the customer until the outstanding works are completed. Any outstanding balance may be paid by bank transfer (copy of transaction required) or by debit or credit card, unless other arrangements are made. If paying by cheque, it must be handed to the install team on the day of completion (cheques must be made payable to Green Retreats Limited). All goods remain the property of the company until the final balance is paid for in full.
ORDERS ON HOLD
If a customer is not ready to proceed with an installation date they may place their order ‘on hold’ in which case the holding deposit will remain on account with Green Retreats. Prices will remain fixed for a period of 90 days from the date the order is put on hold, after which any recent price updates will be applied to the order. Orders may remain on hold for a period of 12 months before they are automatically cancelled. The customer will be contacted at this time so that they may provide details for the refund of the holding deposit. No refund will be issued if the customer has been supplied with AutoCAD documents (see Planning section below).
If the customer wishes to cancel an order, 35 days’ notice is required prior to the installation date whereupon all deposits will be returned in full. If the customer wishes to cancel within 35 days of the installation, the following penalties will be incurred: 10% of the total sales price within 35-14 days of the installation, 30% within 14-10 days and 50% within 10 days. Once the base installation has taken place no refunds will be made. Green Retreats Ltd reserves the right to cancel any order prior to the installation date for any reason. In the event of Green Retreats cancelling an order, a full refund will be given.
If the customer postpones/delays the installation of the base or building for any reason the follow penalties will be immediately incurred: 15% of the total sales price within 14-5 days of the scheduled base installation date, 30% within 5 days of the base installation date or any time after the base has been laid.
The company will always try to honour the estimated delivery/install date, 98% of our buildings are delivered and installed within the estimated time. However we cannot guarantee the install date and cannot be held responsible for postponement or delay outside of our control (for example extreme weather conditions, access difficulties, parking, traffic etc.) and cannot be liable for compensation. The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement. Access route to the build site must be clear. Parking requiring permits must be arranged by the customer during the days of install.
BASES & INSTALLATIONS
In accordance with the Site Preparation Notes all sites/bases must be level with correct drainage in place, a clearance of no less than 400mm is required in addition to the external dimensions of the building to allow construction. A minimum charge of £500 will be incurred in the event that the site does not confirm with our requirements and as a result the installation date has to be cancelled/delayed. The customer must be present on the base date and is responsible for confirming the location of the base prior to construction. Once this position has been confirmed and base constructed the position cannot be changed. The customer should consider any areas surrounding the building that may be obstructed or restrict access to openings on or around the garden room. If an existing base has been used e.g. concrete slab, Green Retreats cannot be held liable for subsidence or settlement issues.
Access to electricity and water is required on site. Whilst every care is taken to avoid any damage to plants, grass, trees and garden landscaping, Green Retreats cannot be held responsible for damage caused by the install team. We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage. Spoils created by the base team will not be removed from site unless agreed prior to the works commencing.
A Part P certificate will only be supplied where Green Retreats completes a full external connection of power and will only be supplied to the customer once the final balance has been paid in full. The certificate can take up to 21 days to process. Where a full connection has not been made, readings are available on request. It is the responsibility of the certified electrician completing the full connection to certify the electrical works. Every effort is made to provide an accurate quotation for electrical works, however the inspection of the customer’s power source and consumer unit is only visual and is based on the assumption that the customer’s electrics comply with current building regulations. Green Retreats reserves the right to refuse to complete electrical work or to apply additional charges where a connection is not possible with the current power source/consumer unit. The customer will be informed prior to any necessary additional works being carried out.
Planning consent is not normally required, however it is the customer’s responsibility to ensure that planning consent is not required for the installation. We recommend you seek clarification from your local planning authority. If the customer has been provided with AutoCAD documents and they choose to cancel their order the holding deposit is non-refundable. The holding deposit is refundable if Planning Permission is declined on condition that proof of refusal is provided to the Company. If the site is in a Conservation Area we recommend that the customer contacts their local authority to confirm whether or not any Article 4 Directions (restrictions on your Permitted Development rights) have been applied to the property.
Green Retreats are covered by a comprehensive transferable guarantee, which is activated once the final balance is paid in full. The guarantee is in respect of design and manufacturing faults, corrosion and rot for a period of 10 years from the date of installation provided that Green Retreats Ltd installed the building. External fascias, internal trim, floor coverings, electrical installations, electric appliances, heaters, accessories, telecoms, network and external connections are covered by a one-year guarantee. UPVC Door and Window Double Glazed units are guaranteed against internal misting (seal failure or condensation) and hinge and locking system failure for a 3 year period. External decking is covered for a period of 3 years against structural faults, rot and corrosion. Door adjustments may be necessary and can be easily carried out by the customer – please call for advice. Buildings constructed by Green Retreats under ‘Permitted Development’ should not be used for habitable accommodation. If used for habitable accommodation the guarantee is invalid. Guarantee excludes normal “wear and tear” and decorated surfaces. Where underfloor heating has been installed the customer must ensure that all furniture is raised on legs, the use of flat-base furniture will invalidate your guarantee.
We strongly advise that all buildings are fitted with at least one opening window for ventilation purposes. UPVC doors are fitted with trickle vents and opening windows feature a vent lock system. Aluminium Bifolding doors are not fitted with trickle vents. If the building is being used as a gym or exercise room it is important to maintain good ventilation. We recommend heating and ventilating your building before use and during use to avoid condensation on equipment.
Green Retreats Ltd follow NHBC guidelines relating to plaster finishes, “some cracking (up to 2mm wide) is likely due to shrinkage and differential movement of materials”. Settlement cracks should be filled and sanded by the customer and are not covered under guarantee.
Requests for remedial work must be made immediately to the main office, once agreed, a maintenance team will be dispatched to remedy the issues free of any charge. Green Retreats Ltd will not reimburse payments made to third party repair contractors without prior arrangements. Failure to report a defect immediately could invalidate your guarantee. Green Retreats Ltd will not reimburse payments made to third party repair contractors without prior written consent.
Western Red Cedar is a natural hardwood and as such will silver off and stain over the course of time, gradually changing to a light grey colour. The speed at which the wood silvers off is dependent on its exposure to the effects of weather, individual variations in the timber and the frequency with which it is treated. It is recommended that that any cedar on the Green Retreat is treated by the customer within 1 month of installation and every 6 months thereafter in order to preserve its original colour. No guarantee will be made by Green Retreats against the effects of weather exposure on the colour of the external cladding.
GROUND, GUTTER AND ROOF AREA MAINTENANCE
Green Retreat products require zero maintenance, however it is the customer’s responsibility to ensure areas around the building are kept clear. An air gap under the sides and rear of the building must be maintained and clear of obstacles to ensure vegetation and weeds do not make contact with the building and lead to possible intrusion within the building. Gutters and roof should be inspected and cleared of all debris a minimum of twice a year. As with any external building, failure to clear gutters and keep air gaps maintained may result in damage to the fabric of the building which will invalidate your guarantee. If remedial work is carried out and the defect is found to be a result of the customer failing to maintain a clear area around the building the work will be chargeable to the customer.
HEALTH AND SAFETY
All installation personnel have been trained and briefed on H&S safe working practices including use of PPE (Personal Protective Equipment). If a full Risk Assessment and/or Method Statement are required by a customer 5 weeks’ notice must be given and charges will apply based on the level of compliance required.
Telephone calls to Green Retreats may be recorded for training and quality purposes.
Green Retreats Ltd are covered by liability insurance up to £10million. Full details are available on request.
LAW GOVERNING THIS CONTRACT
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.