LUXURY GARDEN BUILDINGS UK LTD

TERMS & CONDITIONS OF SALE

Company: Luxury Garden Buildings UK Ltd
Customer: The person(s) named on the quotation/specification
Property: The installation address stated on the quotation

1. THE AGREEMENT

1.1 Luxury Garden Buildings UK Ltd ("the Company") agrees to design, manufacture, supply and/or install the garden building described in the Company's quotation and agreed specification.

1.2 The contract consists of:

• the quotation;

• the agreed specification;

• approved drawings or sketches;

• any written variations agreed by both parties; and

• these Terms & Conditions.

1.3 The quotation and specification take precedence over any general description of the Company's products where there is a difference.

1.4 By signing the quotation/specification or paying the initial deposit, the Customer confirms acceptance of the contract and these Terms & Conditions.

1.5 Any amendment to the contract must be agreed in writing.

2. PRICE

2.1 The Customer shall pay the total price stated on the agreed quotation.

2.2 The quoted price covers only the works, materials, products and specification expressly included within the quotation.

2.3 Any additional works, upgrades, alterations or variations requested by the Customer may incur additional charges.

2.4 VAT will be charged where applicable.

2.5 The Company reserves the right to charge reasonable additional costs where work is required as a result of circumstances that were not reasonably foreseeable when the quotation was prepared.

3. PAYMENT TERMS

Unless otherwise agreed in writing, payment shall be made as follows:

40% – Initial deposit

30% – On the first day of installation, when works commence and materials arrive on site

20% – Once the building is watertight, including doors and external membrane being installed

10% – On practical completion and the building being clean and ready for use

3.1 The initial deposit secures the Company's manufacturing and installation capacity and allows the Company to commit labour, materials, production time and installation capacity to the project.

3.2 The Customer must make each payment when it becomes due.

3.3 If a payment is overdue, the Company may suspend or postpone further works until the outstanding amount has been received.

3.4 Where the Customer cancels or requests a postponement close to the agreed installation date, the Company may retain an appropriate amount from payments already made to cover reasonable losses, costs and commitments directly resulting from the cancellation or postponement, subject to the Customer's statutory rights.

3.5 Where appropriate, and at the Company's discretion, an amount already paid may instead be transferred in full or in part to a revised installation date.

3.6 Nothing in these Terms & Conditions removes or restricts any statutory right the Customer may have.

4. PLANNING, PERMISSIONS AND CONSENTS

4.1 Unless expressly agreed otherwise in writing, the Customer is responsible for ensuring that all permissions and consents required for the proposed building have been obtained.

4.2 This may include:

• Planning Permission;

• Permitted Development requirements;

• Building Regulations approval;

• Freeholder or Landlord consent;

• Leaseholder consent;

• Management company or estate consent;

• restrictive covenant consent;

• listed building or conservation area requirements; and

• any other permission or consent required in connection with the property.

4.3 The Customer must inform the Company of any restrictions affecting the property before installation.

4.4 The Customer must provide evidence of any required consent when reasonably requested by the Company.

4.5 Planning permission or Permitted Development rights do not override private restrictions contained within a lease, title, covenant or other agreement.

4.6 The Company shall not be responsible for delays caused by the Customer failing to obtain a required permission or consent.

4.7 If required permission or consent has not been obtained by the agreed installation date, the Company may postpone the installation until the necessary consent has been obtained.

4.8 Where an installation is postponed because a Customer or third party has failed to obtain a required permission or consent, the Company will provide the next reasonably available installation date.

5. INSTALLATION DATES

5.1 The Company will use reasonable endeavours to carry out the installation on the agreed date.

5.2 Installation dates are subject to the Customer satisfying all obligations under the contract.

5.3 The installation date may need to be changed where:

• required permissions have not been obtained;

• the site is not ready;

• access is unavailable or unsuitable;

• the Customer requests changes;

• payments are overdue;

• materials or products are unavailable due to circumstances outside the Company's reasonable control;

• adverse weather prevents safe installation; or

• circumstances outside the Company's reasonable control affect the Company's ability to attend.

5.4 Where the Company needs to change an installation date, the Company will provide the Customer with a revised date as soon as reasonably practicable.

5.5 Where a Customer-caused delay requires the Company to reallocate labour, transport, materials or installation capacity, reasonable additional costs may be charged where applicable.

6. CUSTOMER DELAYS AND RESCHEDULING

6.1 The Customer is responsible for cooperating with the Company and providing everything reasonably required for the installation to proceed.

6.2 This includes obtaining required permissions and ensuring the site is ready and accessible.

6.3 If the Customer is unable to proceed on the agreed installation date because of an issue for which the Customer is responsible, the Company may reschedule the installation.

6.4 The Company's next available installation date may be substantially later than the original installation date due to existing bookings and production capacity.

6.5 A Customer's inability to proceed on the agreed date does not automatically entitle the Customer to cancel the contract or receive a full refund where the Company remains ready and willing to carry out the agreed works.

6.6 Where the Company agrees to transfer the project to a new installation date, payments already made may remain credited against the contract.

7. SITE ACCESS

7.1 The Customer must provide safe and reasonable access to the property and installation area.

7.2 The Customer must notify the Company before installation of any known access restrictions, including:

• narrow access;

• restricted parking;

• steps;

• gates;

• overhead cables;

• weight restrictions;

• shared access;

• restricted working hours; or

• any other restriction that may affect delivery or installation.

7.3 The Company will not be responsible for delays or additional costs caused by access restrictions that were not disclosed or could not reasonably have been identified beforehand.

7.4 Where additional labour, equipment or transport is required because of site access, the Company may charge the reasonable additional cost.

8. SITE PREPARATION AND GROUND CONDITIONS

8.1 The Customer is responsible for ensuring that the installation area is reasonably suitable and accessible.

8.2 The Customer must inform the Company of any known:

• underground services;

• drains;

• septic tanks;

• retaining walls;

• unstable ground;

• previous foundations;

• buried structures;

• tree roots;

• drainage issues; or

• other conditions that may affect installation.

8.3 The Company shall not be responsible for damage to unidentified underground services or structures where their location was not disclosed or reasonably identifiable.

8.4 Where unforeseen ground or site conditions require additional works, the Company will notify the Customer and agree any additional cost before carrying out the additional works wherever reasonably possible.

9. VARIATIONS

9.1 Any change to the agreed specification must be agreed in writing.

9.2 Variations may include changes to:

• building dimensions;

• doors;

• windows;

• cladding;

• roofing;

• internal finishes;

• insulation;

• electrical installations;

• plumbing;

• heating;

• foundations;

• decking;

• landscaping;

• fixtures and fittings; or

• any other part of the agreed specification.

9.3 Variations may increase the contract price.

9.4 Variations may also affect the installation date.

9.5 The Company is not required to carry out a variation until the revised specification and price have been agreed.

10. MATERIALS AND NATURAL VARIATIONS

10.1 Timber and other natural materials may vary in colour, grain, texture, knots and appearance.

10.2 Such natural variations are not normally considered defects.

10.3 The Company may make reasonable substitutions where a specified product becomes unavailable, provided the replacement is of comparable quality and specification.

10.4 Any significant substitution affecting the agreed specification will be discussed with the Customer where reasonably practicable.

11. ELECTRICITY, WATER AND WELFARE FACILITIES

11.1 The Customer will provide access to a suitable power supply for normal installation tools where reasonably available.

11.2 The Customer will provide access to toilet and washing facilities where reasonably available.

11.3 Where suitable toilet facilities are inaccessible, the Company may provide a portable toilet where reasonably necessary.

11.4 The Customer is responsible for arranging any permanent electrical, gas, water or drainage connections unless these are expressly included within the quotation.

12. COMPANY OBLIGATIONS

12.1 The Company will carry out the agreed works with reasonable care and skill.

12.2 The Company will comply with applicable statutory requirements relevant to the works being undertaken.

12.3 The Company will make reasonable efforts to complete the works within the agreed timeframe, subject to the provisions of these Terms & Conditions.

13. CUSTOMER OBLIGATIONS

The Customer agrees to:

13.1 Pay all sums due under the contract on time.

13.2 Cooperate with the Company.

13.3 Provide reasonable access to the property.

13.4 Provide all information reasonably required by the Company.

13.5 Obtain required planning, Freeholder, Landlord, management company and other third-party permissions unless expressly agreed otherwise.

13.6 Ensure the site is reasonably ready for installation.

13.7 Notify the Company promptly of any matter that may affect the installation.

14. COMPLETION

14.1 The works shall be considered practically complete when the agreed works have been substantially completed and the building is ready for its intended use.

14.2 Minor snagging items shall not prevent practical completion where the building can reasonably be used for its intended purpose.

14.3 The Customer shall not unreasonably withhold approval of substantially completed works.

14.4 The Company will address reasonable snagging items within a reasonable period.

15. WARRANTY AND GUARANTEE

15.1 Unless otherwise stated in writing, the Company's standard warranty and guarantee are:

5-year structural guarantee

1-year warranty on fixtures and fittings

15.2 The applicable guarantee documentation forms part of the contract where provided to the Customer.

15.3 The guarantee does not cover damage caused by misuse, accidental damage, unauthorised alterations, failure to maintain the building, extreme weather, storm damage, ground movement, movement or failure of existing structures, vegetation or other circumstances outside the Company's reasonable control.

15.4 The Customer must notify the Company of any suspected defect within a reasonable period after becoming aware of it.

16. CANCELLATION AND TERMINATION

16.1 Nothing in these Terms & Conditions affects any statutory cancellation, refund or consumer rights that apply to the contract.

16.2 Where the Customer wishes to cancel the contract, the Customer should notify the Company in writing.

16.3 Where the Customer cancels without the Company being in breach, the Company may retain or recover reasonable sums representing direct costs, commitments and losses arising from the cancellation, where permitted by law.

16.4 The Company will take reasonable steps to minimise any loss arising from cancellation.

16.5 The Company may suspend or terminate the contract where the Customer materially breaches the agreement and fails to remedy the breach within a reasonable period after written notice.

16.6 If the Company materially breaches the agreement and fails to remedy the breach within a reasonable period following written notice, the Customer may have the right to terminate the contract and receive any refund due under applicable law.

17. LIABILITY

17.1 Nothing in these Terms & Conditions excludes or limits liability which cannot legally be excluded or limited.

17.2 The Company does not accept responsibility for matters outside its reasonable control.

17.3 The Company is not responsible for delays caused by Customer actions, third-party approvals, inaccessible sites, unforeseen site conditions, extreme weather or other circumstances outside the Company's reasonable control.

18. DISPUTE RESOLUTION

18.1 If a dispute arises, the parties will first attempt to resolve the matter directly and in good faith.

18.2 If the dispute cannot be resolved, the parties may agree to use an independent mediator.

18.3 Nothing in this clause prevents either party from exercising their statutory or legal rights.

19. ENTIRE AGREEMENT

19.1 The quotation, specification, approved drawings, written variations and these Terms & Conditions form the agreement between the Company and the Customer.

19.2 Any agreement or variation outside these documents must be confirmed in writing.

20. ACCEPTANCE

By signing the quotation/specification or paying the initial deposit, the Customer confirms that they have received, read and accepted the quotation, specification and these Terms & Conditions.

The Customer acknowledges that they are responsible for obtaining any permissions or consents required for the proposed building unless the Company has expressly agreed otherwise in writing.