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Hunters Chase Garden Centre Ltd., its subsidiaries, or any of its trading names are referred to as "Hutton Garden Rooms."
"Goods" refers to any items, including any part or sections of them, that Hutton Garden Rooms has agreed to supply to the Purchaser under the terms of the Contract.
The term "Premises" refers to the locations where any Goods are to be delivered and where any Works are to be completed.
"Work or Works" refers to the log cabin construction and installation services that Hutton Garden Rooms has undertaken to render to the Purchaser in accordance with the terms stated in the Customer Order Confirmation.
This document and any annexing Customer Order Confirmation together constitute the whole contract ("the Contract") between the buyer and Hutton Garden Rooms. When we inform you that your order has been accepted, the deal will be considered complete. Any modification to the Contract must be approved in writing by Hutton Garden Rooms in order to be effective.
2.1 The costs for the goods and/or work must match those listed in the customer order confirmation.
2.2 In addition to the indicated prices, the buyer is responsible for paying all insurance expenses (in accordance with clause 10 below), any other relevant fees mentioned here, and any revisions to authorised drawings that the buyer requests (whether before or after delivery).
3.1 (Unless Hutton Garden Rooms agrees differently) Payment for the goods and any work ("Price") is due in pounds sterling as follows:
(A) A deposit of 50% of the total cost is required at the time of ordering.
(b) The remaining balance is due 14 days before delivery to the premises; monies must clear completely at least 10 days before delivery.
(c) Until all amounts due under the Contract are paid in full, all Goods remain the property of Hutton Garden Rooms.
3.2 Deposits must be paid electronically, using a credit card or debit card, or with a check made out to Hunters Chase Garden Centre. Within seven days of making a deposit payment, the buyer has the right to cancel the contract by giving written notification to the seller. If the buyer does so, the seller must reimburse the money paid less any administrative or other fees.
3.3 Hutton Garden Rooms reserves the right to end a contract at any time for a valid reason or for circumstances beyond our control, prior to the delivery of the goods, by giving written notice to the buyer. In this case, the buyer would be entitled to a refund, subject to our cancellation and refund policies.
3.4 Payments are not considered accepted or made until Hutton Garden Rooms receives cleared cash.
3.5 Any refunds may need to be adjusted to reflect any discounts that were offered at the moment of transaction, and cancellations will incur the fees listed below.
3.6 Holding deposits might not be refundable under certain conditions and at the discretion of Hutton Garden Rooms.
3.7 In order to be eligible for any refunds, Hutton Garden Rooms must be advised of specification changes that result in lower material requirements no later than three weeks after the sale date or at the time of booking, whichever comes first.
3.8 Before processing any BACS payments, please check with your branch or the Aftersales office for confirmation if you ever receive correspondence or a call reporting a change to your bank account information.
3.9 Hutton Garden Rooms maintains the right to charge interest on any past-due invoices at a rate of 8% annually, computed daily, over the Bank of England base rate.
3.10 Hutton Garden Rooms reserves the right to appoint a third-party business to recover any unpaid sums as well as any interest in accordance with clause 3.9 in the event that an invoice becomes past due. Additionally, you agree to be responsible for all fees associated with pursuing the recovery of past-due invoices.
4.1 Lead times given at the time of order confirmation are estimates and as such are subject to vary, although delivery time is not crucial. Unless other agreements have been made with the buyer, fitters often start their work at the premises on the day of delivery (electrical installations shall be arranged separately but will usually be expected to occur within one week of the installation of the building).
4.2 Should the buyer need to amend the anticipated delivery date, this will be taken into consideration, subject to availability, and may also result in an additional fee.
4.3 Lead times may be extended by a period of time that is at least concurrent with the duration of the event and its effects on Hutton Garden Rooms' ability to operate in the case of a pandemic or other event that could seriously impair that ability.
5.1 The Purchaser is required to inspect the Works right away after completion. The Purchaser must note any instances where the Works fall short of the required standard during the inspection. If there are no such flaws, Hutton Garden Rooms will give a completion certificate, which the buyer must sign. The completion date shall be the day on which the certificate is signed. If the examination reveals any flaws, the buyer must notify Hutton Garden Rooms of them, and Hutton Garden Rooms will fix such flaws within a fair amount of time. The Purchaser and Hutton Garden Rooms will jointly check the Works again after any flaws have been fixed; if there are no flaws, both parties will sign the completion certificate, and the project will be considered completed. If the buyer is unable to view the completed work immediately, they must advise Hutton Garden Rooms of any problems within 24 hours, failing which the work will be presumed to have been finished.
6.1 Hutton Garden Rooms shall not be liable for any defects caused by anybody other than Hutton Garden Rooms, its suppliers, servants, agents, or contractors. This is without limiting the Purchaser's statutory rights. In addition, Hutton Garden Rooms disclaims responsibility for any problems brought on before or after delivery of the goods by an accident, storm, or other catastrophe that was beyond Hutton Garden Rooms' reasonable control.
6.2 In cases where Hutton Garden Rooms is not the producer of the Goods, the firm may, in its sole discretion, pass to the Purchaser the benefit of any warranty or guarantee provided to it, subject to the restrictions set forth in Hutton Garden Rooms' own warranties. Additionally, in order for any written guarantee to be valid, the purchaser must adhere to all written instructions provided by the manufacturer.
6.3 Hutton Garden Rooms promises and warrants the following, subject to any other stipulations of the Contract:
6.3.1 For a year following delivery solely with regard to the garden buildings.
6.3.2 For a year following the delivery of the products with regard to any windows, fixtures, and doors.
6.3.3 In relation to the structural timber base for a period of five years, excluding any problems brought on by events outside Hutton Garden Rooms's control, such as (but not limited to) subsidence or flooding.
6.3.4 With regard to commodities other than those in 6.3.1, 2, and 3 for a duration as advised by Hutton Garden Rooms.
According to the Consumer Rights Act of 2015, the Goods must be: (a) of satisfactory quality; (b) in compliance with any established specifications; and (c) of satisfactory standard for the Work.
6.4 All warranties are only valid for the time periods mentioned above, and Hutton Garden Rooms is the only party with the authority to extend them if there are still unresolved issues.
6.5 There is no assurance or warranty provided that the installation Work or installed Goods will be free of condensation or that the natural properties of the product won't have an impact on the condition of the Goods supplied. Additionally, any warranty will be void if the cabin is not properly preserved with the appropriate preservative.
6.6 If the Purchaser or any third party moves the relevant goods without Hutton Garden Rooms' express permission, if any other workmanship is done to the relevant goods, or if there is any other contract violation, all warranties expire and Hutton Garden Rooms is not responsible for a breach of the contract.
6.7 The Purchaser must give Hutton Garden Rooms a reasonable opportunity to inspect and fix any defective Goods and must notify Hutton Garden Rooms in writing within 30 days of learning of any breach of the aforementioned warranties or of any other claim or potential claim under or in connection with the Contract.
6.8 Because our garden structures are intended for recreational usage, any commercial or residential use will void all warranties. In addition, Johnsons will not be held liable for failure to comply with construction rules because the structures are constructed to do so and are therefore exempt from them.
6.9 Because of many manufacturing-related factors, our garden buildings are intended for quick installation and are not suitable for long-term storage. Hutton Garden Rooms will take all reasonable measures to ensure that the product stays free from faults if installation is delayed due to reasons beyond its control, but it is not responsible for any deterioration that may happen as a result of storage after the given lead periods.
7.1 Subject to clause 7.2 below and unless prohibited by law, the following provisions outline Hutton Garden Rooms' entire financial responsibility to the purchaser for any of the following: (a) any breach of the contract; (b) any use or resale of the goods by the purchaser; and (c) any representation, statement, or tortious act or omission, including negligence arising under the terms of the contract.
7.2 Nothing in these terms and conditions limits or excludes Hutton Garden Rooms' liability for (a) death or personal injury resulting from its negligence; (b) violations of section 2(3) of the Consumer Protection Act of 1987; (c) claims for which it would be against the law for Hutton Garden Rooms to attempt to limit or exclude its liability; or (d) fraud or fraudulent misrepresentation.
7.3 Subject to conditions 7.1 and 7.2, Hutton Garden Rooms' total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price; and (b) Hutton Garden Rooms shall not be liable to the Purchaser for any pure economic loss, loss of profit, loss of business, depletion of goodwill, or any other type of indirect or consequential loss.
To advance our objective of continuous development, we retain the right to carry out all Work in a manner that we deem to be most appropriate in light of the constructional specifics and topographical circumstances (unless otherwise agreed in writing in the Contract).
9.1 Despite the fact that Hutton Garden Rooms can provide advice based on our experience, it is the Purchaser's duty to secure any local government or other regulatory licences or permissions that may be necessary in regard to the Goods or Works.
9.2 Ridge heights that are specified only apply to the building itself and may not take into account base, ground, or roof coverings.
All goods, with the exception of any loss or damage brought on by Hutton Garden Rooms' carelessness, are the purchaser's responsibility from the moment of delivery. The Purchaser shall (at its own expense and in its own name) maintain the Goods insured against damage, theft, and other substantial hazards following full payment of the Price and subsequent delivery of the Goods to the Purchaser.
11.1 In order to take measurements, make deliveries, and complete the Work, Hutton Garden Rooms' personnel and representatives must have unobstructed, unhindered access to the property at all reasonable times. Hutton Garden Rooms reserves the right to reschedule at a recall fee of £395 (this amount relates to the cost of manpower lost on this and subsequent days and all other associated costs) or, in the event that any such occurrence necessitates works in addition to those within the original Contract, for said works to be charged. This right is applicable if the proposed site of the building and/or access to it is in any way compromised or prohibitive to the Works on the date of installation
11.2 Hutton Garden Rooms will, if necessary, send the Purchaser a Foundation Plan within 4 weeks of the order confirmation to show the points at which the structure will need support after the Customer approves the final Production Drawings for bespoke buildings (or, in the case of "standard" buildings, the confirmation of the sales invoice). Hutton Garden Rooms reserves the right to reschedule Work at a recall charge of £395 (this amount relates to the cost of manpower lost on this and subsequent days and all other associated costs) or to charge the Purchaser for time and materials to make good the base if the Purchaser fails to provide an adequate and suitable base on which the garden building is to be erected in time for the installation to begin.
11.3 In order for Hutton Garden Rooms to be able to complete the Works, it is the Purchaser's responsibility to provide sufficient water, electricity, and environmental services.
11.4 Hutton Garden Rooms will typically remove all packaging and garbage from the Premises, but in some circumstances, this may not be practicable. In those cases, the Purchaser will be responsible for disposing of any leftover materials.
12.1 Aside from what is expressly stated in this clause, nothing in the Contract shall be construed as transferring to the Purchaser any intellectual or industrial property rights (including but not limited to those in goods, drawings, instructions, designs, or materials). All such rights shall, at all times, remain the property of Hutton Garden Rooms. Installation drawings that are given to the buyer or included with the goods or work are only to be used by the buyer. Except as required by law, the Purchaser shall keep any confidential information about Hutton Garden Rooms private and shall not reveal it.
13.1 Without the other party's prior written approval, which may not be unreasonably denied, neither party may assign the Contract or any portion of it.
13.2 If any contract provision is determined to be entirely or partially illegal, invalid, void, voidable, unenforceable, or unreasonable by any court, tribunal, or administrative body of competent jurisdiction, such provision shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability, or unreasonableness, be deemed severable, and the remainder of such provision shall continue in full force and effect.
13.3 Neither party shall be deemed to have waived any of its rights under the Contract if the other fails or takes too long to enforce or partially enforces any aspect of the Contract.
13.4 Any waiver of a breach or default by one party against the other party under any provision of the Contract shall not be deemed a waiver of any future breach or default and shall not in any way affect the other provisions of the Contract.
13.5 The Contract's terms are not intended to be enforceable by anyone who is not a party to it under the terms of the Contracts (Rights of Third Parties Act, 1999).
13.6 The parties consent to the exclusive jurisdiction of the English courts, and English law shall govern the formation, existence, construction, execution, validity, and all other aspects of the Contract.
13.7 Where a failure or delay in performance of a duty is caused by an event outside of Hutton Garden Rooms' reasonable control, they are not responsible. Such causes include, but are not limited to: a power outage, an Internet service provider outage, an epidemic, a pandemic, civil unrest, a fire, a flood, a drought, a storm, an earthquake, a building collapsing, an explosion, an accident, an act of terrorism, an act of war, a governmental action, any law or any other action taken by a government or public authority, including, but not limited to, imposing an export
