Terms & Conditions
Definitions:
In the text Contemporary Garden Rooms (Yorkshire) Ltd are referred to as: ‘The Company’ or ‘we’
‘The customer’ or ‘client’ will be used interchangeably to refer to the signatory customer as defined in the sales quotation.
Reasonable, is to be defined as fair within context; or, not to gain advantage.
1. Application of this Terms and Conditions
1.1. Any customer entering into an agreement with Contemporary Garden Rooms (Yorkshire) Ltd is in acceptance of these terms and conditions provided.
1.2. Contemporary Garden Rooms (Yorkshire) Ltd maintain the right to alter the terms and conditions presented here at any time.
1.3. Variations in these terms and conditions should be presented in writing.
1.4. Should any of the presented Agreement be declared unenforceable or invalid, the remaining sections still fully apply.
1.5. All agreements herewith are contextualized within an English contract governed by English law, as such any dispute arising out of, or in connection with, shall be moderated English courts.
2. Our Products
2.1 The elevation drawings and website representations serve as a guide only and not as a part of any contract.
2.2. While the company aims to for precision and accuracy, precise measurements indicated in sales diagrams, websites and on any order documentation are subject to reasonable levels of tolerance.
2.3. In continuingly striving for improvements Contemporary Garden Rooms (Yorkshire) Ltd reserves the right to alter specifications without prior notice. In so far as changes to product specification are rare, in improving quality – or should a certain material be no longer available or no longer viable in terms of costs – Contemporary Garden Rooms (Yorkshire) Ltd reserves the right to make reasonable alterations to the specification.
3. Pricing
3.1. The company’s website and literature pricing include VAT at the current rate, unless otherwise indicated.
3.2. Once the customer places an order and the deposit is received, a sales invoice confirmation will be issued and the price stated will remain fixed, unless the order is put on hold for longer than 90 days.
4. Payments
4.1. A 25% deposit is required upon booking. The final payment of 75% due on completion.
4.2. If minor snagging remains outstanding the client may deduct a reasonable retention until this work is completed.
4.3. If a customer is paying through finance- Contemporary Garden Rooms (Yorkshire) Ltd is an introducer appointed representative of Ideal Sales Solutions Ltd T/A Ideal4Finance. Ideal Sales Solutions is a credit broker and not a lender (FRN 703401). Finance available subject to status. The rate offered is always provisional and will depend upon your personal circumstances, the loan amount and term.
5. Cancellations
5.1. All buildings are built on site by Contemporary Garden Rooms (Yorkshire) Ltd, to bespoke customer specifications and as such are exempt from cancellation rights.
5.2. The customer may cancel an order and receive a full refund prior to the materials (windows, doors and roof sheets) being ordered.
5.3. If the customer wishes to cancel the order once materials and certain manufacturing has commenced, they will forfeit the cost of the materials procured and an appropriate manufacturing charge as determined by Contemporary Garden Rooms (Yorkshire) Ltd.
5.5. Should at any point for any reason Contemporary Garden Rooms (Yorkshire) Ltd wish to cancel an order, the company reserves the right.
6. Orders on hold
6.1. Should the customer wish to change an installation date, the price will remain fixed for the period of 90 days, after which Contemporary Garden Rooms (Yorkshire) Ltd maintain the right to alter prices according to updates.
6.2. Under circumstances agreed by the company, orders may be held for up to 12 months before they are cancelled. The customer will receive either all or partial refund contingent the level or work carried out by Contemporary Garden Rooms (Yorkshire) Ltd in relation to the order in question; for example, if the client has received planning documents and consultations Contemporary Garden Rooms (Yorkshire) Ltd will adjust the refund accordingly.
7. Planning Permissions
7.1. It is the customer’s responsibility to ensure planning consent. Contemporary Garden Rooms (Yorkshire) Ltd assumes the relevant planning will have been obtained by the customer prior to any installation and as such shall not be held liable for any breach of Permitted Development/Planning regulations applicable to your property.
7.2. If the site is in a Conservation Area our or area of outstanding natural beauty. Contemporary Garden Rooms (Yorkshire) Ltd advise that the customer contacts their local authority.
7.3 The customer is responsible for ensuring that their building and its location complies with their Planning Approval conditions. Contemporary Garden Rooms (Yorkshire) Ltd are not be liable for any changes a customer may make to the design, specification or location of a building once a Planning Application has been submitted or approved.
8. Scheduled Dates
8.1. Contemporary Garden Rooms (Yorkshire) Ltd always seek to honor agreed installation dates. On rare occasions when circumstances require delivery dates to alter, Contemporary Garden Rooms (Yorkshire) Ltd will not be responsible for changes due to situations outside of our control such as extreme weather, traffic, access or delay in materials from our suppliers.
8.2. Contemporary Garden Rooms (Yorkshire) Ltd will not be responsible for any expenses or charges experienced by the client as a result of delays in installation. The company has no financial responsibility for return visits to work on the building beyond what is reasonable and agreed between Contemporary Garden Rooms (Yorkshire) Ltd and the client.
8.3. Contemporary Garden Rooms (Yorkshire) Ltd will not be held responsible for any time frames regarding installation either as a start date, duration, or build completion. All agreed time and dates are specified as estimates and never absolute.
8.4. If agreed post-construction optional extras work such as, but not limited to: plastering; electrics; painting or air conditioning installation, is cancelled after it has been agreed, a proportional charge as determined by Contemporary Garden Rooms (Yorkshire) Ltd stands.
9. Work on site
9.1. It is the client’s responsibility to prepare the site as per agreement with Contemporary Garden Rooms (Yorkshire) Ltd representative at the time of sale.
9.2. The client is responsible for making the site accessible, providing permission and/or necessary parking permits, access to water and electricity on site.
9.3. After the initial site meeting the client is responsible to carry out any and all agreed site preparation.
9.4. For the purposes of CDM the principle designer is Contemporary Garden Rooms (Yorkshire) Ltd. The planned project should not last longer than thirty days and there will be less than twenty workers simultaneously working on site at any one time, so is not notifiable to the HSE. It’s the Contractors responsibility to comply with CDM regulations on site and to produce and communicate the construction phase plan including a suitable Risk and Method statement and
to manage all works safely – including overseeing any subcontractors. Workers must comply with the site rules and the contractor’s instructions.
The contractor must advise the client of all risks and incomplete works during the build. It is recommended that only authorised contactors are to enter the work area during the duration of the works.
9.5. On occasions where the client has not fulfilled their agreed obligations, and this impacts on the agreed installation schedule, any additional costs for the time accrued until work can start will be added to the contracted sale price and paid in line with the agreed payment schedule.
9.6. In the case that access is in any way problematic, obstructed, including but not limited to travel through a domestic building, removal of fence(s) and/or other obstacles Contemporary Garden Rooms (Yorkshire) Ltd shall not be liable for any possible damage caused or reparations required.
9.7. Under circumstances outlined in 9.5, Contemporary Garden Rooms (Yorkshire) Ltd is not liable for any disruption and/or any minor damage caused by the installation teams. The client is responsible and accepts that while every care is taken by our installation teams, minor damage may be unavoidable.
9.8. Contemporary Garden Rooms (Yorkshire) Ltd advise landscaping work to be carried out after installation to eradicate instances of incidental damage.
9.9. The installation of appliances agreed with the client as extras and that are supplied by the client is deemed as work carried out as a good will gesture. Contemporary Garden Rooms (Yorkshire) Ltd accepts no responsibility for damage to such items.
9.10. Should at any point any member of Contemporary Garden Rooms (Yorkshire) Ltd consider the site unsafe in relation to health and safety regulations, staff will cease work immediately until such a time as the client resolves the issue to a standard deemed acceptable by Contemporary Garden Rooms (Yorkshire) Ltd as per the relevant health and safety regulation.
9.11. Contemporary Garden Rooms (Yorkshire) Ltd staff are briefed on safe working practice as it relates to health and safety regulations. Should a further risk assessment be requested the customer should give 4 weeks’ notice and accept responsibility for any further charges resulting from the additional level of compliance needed.
9.12. Contemporary Garden Rooms (Yorkshire) Ltd are covered by public liability insurance up to £1,000,000 and employers liability up to £10,000,000. Simply Business. Policy number CHGB3452772XB
9.12. Contemporary Garden Rooms (Yorkshire) Ltd are not responsible for issues presented underground such as piping, drainage and/or electrical wiring. The customer is responsible for informing Contemporary Garden Rooms (Yorkshire) Ltd about any underground issues.
9.13. Should any unforeseen issue arise that impacts on the ability of Contemporary Garden Rooms (Yorkshire) Ltd to complete a job, the company reserves the right to stop work until such occasion when they can continue, or not.
9.14 Contemporary Garden Rooms (Yorkshire) Ltd will not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: act of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of
raw materials or energy.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to makes a profit or avoid a financial loss, (b) changes in the market prices or conditions, or(c) a party’s financial inability to perform its obligations hereunder.
10. Your Guarantee
10.1. Contemporary Garden Rooms (Yorkshire) Ltd constructions are guaranteed after the final payment for:
- 10 years Structure Guarantee: any structural fault causing a loss of structural integrity or load bearing capacity.
- 5 years Window Guarantee: any issue regarding windows such as blown units, hinges and/or to include problems with locks.
- 2 Year Decking Guarantee: to include problems such as rot or corrosion.
10.2. buildings constructed under ‘Permitted Development’ are guaranteed only insofar as the customer abides by the regulations. If the client chooses to alter use for purposes outside of those stipulated after sale Contemporary Garden Rooms (Yorkshire) Ltd the guarantee is automatically rendered invalid and terminated with immediate effect.
10.3. Contemporary Garden Rooms (Yorkshire) Ltd guarantee does not cover against natural weathered aging.
10.4. Contemporary Garden Rooms (Yorkshire) Ltd guarantee does not cover against any future minor movement in regards to door placement experienced on occasion through natural aging.
10.5. While Contemporary Garden Rooms (Yorkshire) Ltd standard designs use aluminum fascia, should a build require timber, the company are not responsible for a reasonable degree of minor warping over time in line with what is expected from any type of wood used as a fascia.
10.6. Superficial cracking, expansion or shrinkage of timber cladding and/or fascia boards is not covered under guarantee.
10.7. Contemporary Garden Rooms (Yorkshire) Ltd guarantee windows and doors in accordance with the manufacturers
10.8. Any Contemporary Garden Rooms (Yorkshire) Ltd buildings fitted with underfloor heating should not use flat based furniture, doing so invalidates any guarantee.
11. Ground, Gutter and Roof Maintenance
11.1. It is the client’s responsibility to provide adequate ventilation and maintain necessary space around the construction to limit possible damp from external obstacles such as, though not limited to: branches; logs; compost and general vegetation.
11.2. It is the customer’s responsibility to maintain clear gutters and a roof free from obstruction.
11.3 If an existing base has been used e.g. concrete slab, the company shall not be held liable for subsidence or settlement issues.