1. Application of these Terms and Conditions

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1.1. It is considered that any customer entering into an agreement with Evergreen Garden Rooms is in acceptance of these terms and conditions. The customer is responsible for signing and obtaining a copy of these terms and conditions for their reference.

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1.2. Evergreen Garden Rooms reserves the right to amend these terms and conditions at any time.

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1.3. No variations of these terms and conditions shall be of any effect unless agreed by the Company in writing.

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1.4. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

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1.5. 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.

 

 

2. Our Products

 

2.1 The company website, brochure and any elevation drawings serve as a guide only and do not form part of any contract.

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2.2. The company make every effort to be as accurate as possible however precise measurements indicated on our website, in our brochures and on any order documentation are subject to reasonable levels of tolerance.

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2.3. The company reserves the right to alter specifications without prior notice. Changes to product specification are rare and reasons for doing so may include, but are not limited to, improving general quality or efficiency of the product, because the material is no longer available to the company or for drastic changes in material costs. The company will always endeavour to inform the customer when any significant specifications are to be amended.

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3. Payments

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3.1.  A 30% deposit is required upon placing the order and is fully refundable within 48 hours after payment. 

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3.2.  A further 50% payment of the balance is due strictly on or before the first day of installation of steel framework. 

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3.3 The final 20% payment of the balance is due strictly on or before the final day of installation. 

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3.4.  If additional minor works or any remedial action is required after the main installation, a proportionate retention (reflecting the cost of outstanding work) is agreed between Evergreen Garden Rooms and the customer until the outstanding works are completed.

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3.5.  Any payments must be paid by bank transfer. If paying by cheque, it must be delivered to our offices (cheques must be made payable to Auburn Services Group Ltd). All goods remain the property of the company until the final balance is paid for in full.

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4. Cancellations

 

4.1. As all Products designed and manufactured by Evergreen Garden Rooms are made-to-order, to customer specifications, they are exempt from cancellation rights.

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4.2. The customer may cancel an order and receive a full refund within 48 hours after payment of the deposit. 

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4.3. If the customer cancels an order over 48 hours after the deposit has been paid, no refund will be given. The customer accepts that the deposit is non-refundable as after 48 hours since payment has been made to the company the order is put into full production.

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4.4. If the customer cancels an order once the base / ground screws have been laid they will forfeit the total sales price in full unless an alternative agreement has been confirmed between the customer and Evergreen Garden Rooms. 

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4.5. The company reserves the right to cancel an order at any time, for any reason. In the event of Evergreen Garden Rooms cancelling an order, a full refund will be given to the customer.

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5. Planning Permission / Building Control.

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5.1. Planning consent & Building control are not normally required however, it is the customer’s responsibility to ensure that planning consent / Building control are not required for the installation of the outbuilding. We recommend you seek clarification from your local planning authority. Evergreen Garden Rooms will not be held liable for any breach of Permitted Development/Planning regulations or building control applicable to the building or your property.

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5.2.  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.

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5.3.  The customer is responsible for ensuring that their building and its location complies with their Planning Approval conditions. Evergreen Garden Rooms will 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.

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6. Scheduled Dates 

 

6.1.  The company will always try to honour the estimated delivery/installation date, 98% of our buildings are delivered and installed within the estimated time. However, we cannot guarantee the installation date and cannot be held responsible for postponement or delay outside of our control, this may include but is not limited to extreme weather conditions, access difficulties, parking, traffic.

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6.2.  The company cannot be held liable for any loss, damages, charges or expenses incurred by the customer as the direct or indirect result of any delay in the delivery, installation or completion of an order. The company will not be held financially liable for return visits that may be required for any rectification works to the building.

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6.3.  Any time frames given to the customer to suggest the duration of an installation are an estimate only and do not form part of any contract. The company will not guarantee to complete the installation of a building by any specified date or time.

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6.4.  If the customer postpones/delays the installation of the base / ground screws or building for any reason after payment of the 30% deposit has been made, the following penalties will be immediately incurred;

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6.4.i. Within 35-15 days of the scheduled base installation date: 25% of the total sales price;

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6.4.ii. Within 14 days of the scheduled base installation date: 40% of the total sales price;

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6.4.iii. Any time after the base has been laid: 50% of the total sales price.

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6.5. For any works booked in for optional upgrades, including but not limited to electrical connections, plumbing, internet connections and air conditioning installations, the full charges will still apply if the customer cancels such work any time after the date(s) have been confirmed with the customer.

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7. Work On Site 

 

7.1 The customer is responsible for providing all necessary parking permits, access and permissions in advance of the base and building installation dates. Free access to electricity and water is required on site for the duration of the works.

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7.2 Failure to complete the necessary preparations may result in a delay or, in certain circumstances, cancellation of the installation schedule. A minimum charge of £500 will be incurred if the customer has not carried out the necessary preparations.

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7.3 The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement.

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7.4 Whilst every care is taken to avoid any damage to the Customer’s property, Evergreen Garden Rooms cannot be held liable for unavoidable damage caused by the installation teams. The Customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas.

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7.5 We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage.

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7.6 The company will install materials, fittings or appliances supplied by the customer on a good will basis only. The company will not be held liable for any damage to such items. No additional items will be fitted/installed unless agreed in writing on the quotation prior to the team visiting site.

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7.7 The company reserves the right to withdraw its employees or designated contractors from site where they deem the working conditions to be unsafe in accordance with current Health and Safety Regulations. In such cases the company will discuss any necessary changes to the working environment/conditions with the customer which must be carried out before works can continue.

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7.8 All installation personnel have been trained and briefed on safe working practices including use of PPE (Personal Protective Equipment) in accordance with current Health and Safety regulations. If a full Risk Assessment and/or Method Statement are required by a customer 6 weeks’ notice must be given and charges may apply based on the level of compliance required.

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7.9 The company cannot be held liable should any underground obstruction be discovered on commencement of works.

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7.10 The company reserves the right to cancel or postpone any works should unforeseen circumstances arise that affect the company’s ability to fulfil an order. In the event that the company cancel the total installation of an order a full refund will be given to the customer, unless it is found that such unforeseen circumstances have been directly caused by the customer.

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8. Quality 

 

8.1 The manufacturer Warranty Period is as follows for windows and doors *:

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(a) 10 years from the date of delivery for bifold products; and
 

(b) 10 years from the date of delivery for glass, hardware and accessories.
 

(c) 5 years from the date of delivery for integrated blinds. 

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8.2 The supplier Warranty Period is as follows for steel frame structure*: 

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(a) 10 years from the date of delivery for structural guarantee 

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(b) 25 years from date of delivery for ground screws guarantee 

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* - warranty from suppliers and manufacturers are available directly from them. Evergreen will supply contact details if  requested.

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8.3 Evergreen Garden Rooms warrants that on delivery, and during the 2 year workmanship Warranty Period, the Goods shall:

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(a) conform in all material respects with their description and any applicable Specification;

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(b) be free from material defects in design, material and workmanship.

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8.4 Subject to clause 8.5, if:

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(a) the Customer gives notice in writing to Evergreen Garden Rooms during the Warranty Period and within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 8.3;

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(b) Evergreen Garden Rooms is given a reasonable opportunity of examining such Goods; and

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(c) the Customer (if asked to do so by Evergreen Garden Rooms) returns such Goods to Evergreen Garden Rooms place of business at the Customer's cost,

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Evergreen Garden Rooms shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

 

8.5 Evergreen Garden Rooms shall not be liable for Goods' failure to comply with the warranty set out in clause 8.1 and 8.2 in any of the following events:

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(a) the Customer makes any further use of such Goods after giving notice in accordance with clause 8.4;

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(b) the defect arises because the Customer failed to follow Evergreen Garden Rooms oral or written instructions as to the use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

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(c) the defect arises as a result of Evergreen Garden Rooms following any drawing, design or Specification supplied by the Customer;

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(d) the Customer alters or repairs such Goods without the written consent of Evergreen Garden Rooms;

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

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(f) the Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

 

8.6 Except as provided in this clause 8, Evergreen Garden Rooms shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clauses 8.1, 8.2 and 8.3.

 

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

 

8.8 These Conditions shall apply to any repaired or replacement Goods supplied by Evergreen Garden Rooms. 

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