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Terms and Conditions of Sale (Revised May 2105)

1.     Title and Risk

1.1    Risk in products shall pass to the Buyer on delivery.

1.2    Title to products shall not pass to the Buyer until the Garden Exteriors Limited (“Company”) has received payment in full (in cash or cleared funds) for the products.

2.     Warranty

2.1   The products supplied to the Buyer by the Company under this agreement shall:

(a)  be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by the Company;

(b)  be free from defects in design, material and workmanship and remain so for 12 months after delivery; and

(c)  comply with all applicable statutory and regulatory requirements.

2.2   The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

3.      Acceptance and Defective Products

3.1    The Buyer may reject any products delivered to it that do not comply with clause 2.1, provided that:

(a)  notice of rejection is given to the Supplier:

(i)   in the case of a defect that is apparent on normal visual inspection, within seven days of delivery;

(ii)  in the case of a latent defect, within a reasonable time of the latent defect having become apparent; and

(b)  none of the events listed in clause 3.3 apply.

3.2    If the Buyer fails to give notice of rejection in accordance with clause 3.1, it shall be deemed to have accepted such products.

3.3    The Company shall not be liable for products' failure to comply with the warranty set out in clause 3.1 in any of the following events:

(a)  the Buyer makes any further use of such products after giving notice in accordance with clause 3.1;

(b)  the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the use and maintenance of the products;

(c)  the defect arises as a result of the Company following any drawing, design or specification supplied by the Buyer;

(d)  the Buyer alters or repairs such products without the written consent of the Company;

(e)  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal or extreme weather;

(f)  the Buyer does not comply in full with clause 5.2.

3.4    If the Buyer rejects products under clause 3.1 then the Buyer shall be entitled to:

(a)   require the Company to repair or replace the rejected products; or

(b)   require the Company to repay the price of the rejected products in full.

Once the Company has complied with the Buyer's request, it shall have no further liability to the Buyer in respect of the rejected Products' failure to comply with clause 3.1.

3.5    The terms of this agreement shall apply to any repaired or replacement products supplied by the Company.

4.      Free Product

Only those items that are clearly marked “Free of Charge” or '”FOC” on the order form will be supplied without charge. Any products not ticked and paid for form no part of this contract and will not be supplied FOC under any circumstances.

5.      Buyers Responsibility

5.1    The Buyer must be satisfied about any planning or other restriction affecting the installation and siting of the Garden Structure. The Company gives no warranty as to any planning any covenant or any other restrictions that might affect the Buyer's property regarding the Garden Structure. By authorising installation of the Garden Structure the Buyer warrants to the Company that all required permissions (whether planning, third party or otherwise) have been obtained.

5.2    The Buyer must always ensure that:

(a)   the Garden Structure is preserved with a good quality wood preserver at least once a year; and

(b)   the ventilation is kept clear at all times.

5.3     Any order taken which is placed subject to planning permission or other permission and stated as such on the order form, which is subsequently terminated because planning or other permission has been refused must be notified to the Company, in writing, within 14 days of the refusal being received and must be accompanied by a copy of the official refusal letter or document.

6.      Deposits and Cancellations

6.1    The Buyer shall pay a deposit of £1000 when any order is being placed.

6.2    You have the following right to cancel an order:
(a) you may cancel any order withing 14 calendar days of placing an order by contacting the Company. A cancellation form must be used which is available on request.
(b) if you cancel an order under Clause 6.2(a) we will refund your deposit and any other monies that you have paid to the Company.

6.3    If an order is cancelled otherwise than in accordance with clause 6.2 then the deposit shall be forfeited as liquidated damages.

6.4    The Buyer acknowledges that forfeiture of the deposit is a genuine pre-estimate of loss likely to be suffered by the Company

7.      Delivery and Assembly

7.1    The Company will deliver and install the products on a mutually convenient pre-arranged date. Delivery and assembly is subject to the Buyer having prepared a suitable base to our recommendations. Failure to prepare such a suitable base may result in our inability to assemble the products as agreed.

7.2    Any re-scheduling of delivery or assembly by the customer will result in extra charges from the Company, to include labour and transportation costs to a total of £400.00 per cancellation, unless a minimum of 28 clear written days notice is given.

8.      Payment of Outstanding Balances

The balance of any amounts outstanding on any order may be paid by cash or cheque and shall be paid no later than the day of installation (but before installation commences). Payment may also be made by credit card but will be subject to a surcharge of 2%.

9.      Limitation of Liability

9.1    This clause sets out the entire financial liability of the Company (including any liability for the acts or omissions of their respective employees, agents and subcontractors) to the Buyer in respect of:

(a)  any breach of this agreement however arising;

(b)  any use made or resale of the products by the Buyer; and

(c)  any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

9.2    Nothing in this agreement shall limit or exclude the liability of either party for:

(a)  death or personal injury resulting from negligence; or

(b)  fraud or fraudulent misrepresentation; or

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d)  breach of section 2 of the Consumer Protection Act 1987.

9.3    Without prejudice to clause 9.2, neither party shall under any circumstances whatever be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:

(a)  loss of profit; or

(b)  loss of business; or

(c)  loss of business opportunity; or

(d)  loss of anticipated saving; or

(e)  special, indirect or consequential damage; or

(f)   distress or inconvenience suffered by the other party that arises under or in connection with this agreement.

9.4    Without prejudice to clause 9.3, the Company's total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid by the Buyer for the products.

10.    Assignment and Sub-Contracting

Neither party may assign or transfer or sub-contract any of its rights, benefits or obligations under this agreement without the prior written consent of the other party.

11.    Force Majeure

11.1  Neither party (or any person acting on its behalf) shall have any liability or responsibility for failure to fulfil any obligation under this agreement so long as and to the extent to which the fulfilment of such obligation is prevented, frustrated, hindered or delayed as a consequence of a Force Majeure Event.

11.2  A party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of a Force Majeure Event:

(a)  notify the other party of the nature and extent of such Force Majeure Event; and

(b)  use all reasonable endeavours to remove any such causes and resume performance under this agreement as soon as feasible.

11.3  For the purposes of this clause 13, a Force Majeure Event means an event beyond the control of a party (or any person acting on its behalf), which by its nature could not have been foreseen by such party (or such person), or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.

12.    Variation and waiver

12.1  Any variation of this agreement must be in writing and signed by or on behalf of the parties.

12.2  No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy.

13.    Entire Agreement

13.1  This agreement constitutes the whole agreement and understanding of the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.

13.2  Each party acknowledges that, in entering into this agreement, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this agreement.

14.    Rights of Third Parties

No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

15.    Governing Law and Jurisdiction

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

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