Terms & Conditions JUST Garden Offices
JUST Garden Offices
Garden Rooms Direct Ltd (Company No: 10097978) trading as JUST Garden Offices whose address is: Unit B, Block 10, Ripon Business Park, Ripon, North Yorkshire, HG4 1AJ.
The person(s) or company who purchases the garden structure from the company.
The site area specified by the customer for the installation of the garden structure.
The garden structure 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 structure which are not structural elements or optional extras. Including (without limitation) all external fascia`s, internal trim, floor coverings, electrical installations, electric appliances, heaters, accessories, telecoms, network and external connections.
The optional extras supplied by third parties made available to the customer and specified in the order form
The order confirmation issued to the customer following receipt of an order and the requisite deposit.
The property within or upon which the installation site is located.
Means the floor, roof and external walls of the garden structure.
1. Basis of Sale
1.1 The company will sell the garden structure subject to these terms.
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 structure, which is not confirmed in writing by the company, is followed or acted upon entirely at the customer`s 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.
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. 2.2 Once the order acceptance confirmation has been issued by the company to the customer it may only be cancelled or the installation date deferred with the written agreement of the company and on the condition that the customer indemnifies the company for all costs incurred as a result of the cancellation or deferral including labour, materials, any other charges and expenses.
3. 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 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 site and any 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 sound, level and free from any obstructions.
3.5 It is the proprietor of the property.
3.6 It has obtained all required consents for the installation of the garden structure (without limitation);
3.7 Consent from any mortgagee or charge of the property.
3.8 Consent or planning permission from any local or public authority.
3.9 The installation site has not been subject to subsidence, landslip or land-heave.
3.9.1 The installation of the garden structure 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.
4.1 The garden structure shall be installed by the installation team at the property unless otherwise agreed in writing. For the avoidance of any doubt the garden structure 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 structure is approximate only and will be confirmed by the company at least 1 working week 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 in the actual installation of the garden structure, nor will delay in installation entitle the customer to terminate or rescind the agreement. Any liability of the company for non-delivery of the garden structure shall be limited to refunding the deposit (if any).
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 or the company may cancel the agreement with immediate effect whereupon the customer's deposit will be returned less an amount in respect of all the company's charges and expenses in connection with the agreement up to the time of such cancellation.
4.5 On completion of the installation the company will issue an installation checklist for counter signature by the customer confirming that the garden structure has been installed to the customer's satisfaction and the keys of the garden structure will then be formally handed over. It is the customer's responsibility to arrange for a qualified electrician to connect the garden structure to the customer's electricity supply and the company excludes all liability in this respect. For the avoidance of doubt, notwithstanding that the company may have agreed at additional cost to lay or install cables or conducting media to and from the garden structure it remains the customer`s responsibility to specify the type of cable/conducting media required and arrange for a qualified electrician to connect the garden structure to the customer`s electricity supply.
5. Company Warranty
5.1 The company warrants that upon installation the garden structure 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 7 working days of the final invoices being issued) the company warrants that the structural elements (roof, external walls and floor) of the garden structure will be free from any significant defect for a period of 10 years from the date of completion of the construction.
5.2 If the garden structure does not conform to these warranties the company will take such steps as it deems necessary to bring the garden structure into a condition where it is free from such defects or, at the option of the company, refund the purchase price of the garden structure to the customer provided that the liability of the company shall not in any event exceed the total purchase price of the garden structure and the taking of the steps it deems necessary shall constitute an entire discharge of the company's liability under this warranty. If the company opts to refund the purchase price any such refund is conditional upon the customer providing the company with access and all reasonable assistance that it reasonably requires in order to remove the garden structure and upon such removal ownership of the garden structure shall vest in the company.
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 one month 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 structure.
5.4 Any repaid or replaced goods will be guaranteed on these terms for the un-expired portion of the one month period.
5.5 All warranties, conditions and other terms implied by statute or common law (save for conditions implied by Section 12 of the sale of goods act 1979) are to the fullest extent permitted by law excluded from the agreement.
5.6 Where the garden structure is sold under a consumer transaction (as defined by the consumer transactions (restrictions on statements) order 1976) the statutory rights of the customer are not affected by these terms.
5.7 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.
5.8 The warranty given in this clause 5 shall not apply to any defects in the garden structure as a result of any breach of the customer`s 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.
5.9 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.
5.9.1 The company provides no warranty in relation to any minor adjustments to the locks or hinges on any installed timber, pvc-u or aluminium patio, sliding doors and opening windows. Instructions and telephone support will be provided to any customer in relation to any minor adjustments required.
5.9.2 The company provides no warranty in relation to any damage caused by storm force weather conditions including flooding or if the building has been misused or deliberately abused.
5.9.3 The company provides no warranty in relation to any cosmetic damage such as minor cracking or splitting or any changes in the colour, texture or staining of any external finish.
5.9.4 The company provides no warranty if any repairs, changes or alterations are made to the garden structure without prior written approval from the company.
6. Alteration in Specification
The company reserves the right to make any changes in the specification of the garden structure which do not materially alter their quality or function or where it is necessary to conform to any applicable safety or other statutory requirements.
7. Property and Risk
7.1 Risk in the garden structure shall pass to the customer upon handover of the keys to garden structure and responsibility for effecting and maintaining insurance cover passes to the customer at that time.
7.2 Title in the garden structure shall not pass to the customer until the company has received payment in full (whether in cash or cleared funds) of all sums due to it in respect of the garden structure.
8. Price and Payment Terms
8.1 The price for the garden structure 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.
8.2 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.
8.3 Unless otherwise stated a deposit of 50% of all sums payable is payable on ordering the garden structure from the company. The balance payments are payable at the time the keys to the garden structure 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 structure 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.
8.4 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.
8.5 The company reserves the right to alter its price list at any time.
9. Failure to Make Payment
9.1 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.
9.2 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 structure 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 structure. 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 structure from the site.
9.3 If the company takes the action permitted by Clause 9.2 the customer shall pay a removal charge being £3000.00 plus VAT together with the cost of arranging for an electrician to disconnect the power supply.
10. 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.
These terms shall not be amended, modified or varied except in writing signed by a director of the company.
12.1 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.
12.2 The company may assign the agreement or part of it to any person, firm or company.
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 structure.
14. 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.
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 pursuant to clause 9.2.
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.
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.
18. 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.
If you would like to talk to a member of our friendly staff about our garden offices, we would be very happy to hear from you. You can even call us free on FREEPHONE: 0800 170 1273 (It's free to call us from either a mobile phone or a landline).