Garden Buildings Cornwall Ltd T’s & C’s of Trade 2019
In these conditions:
The “SELLER” means
Garden Buildings Cornwall Ltd
Goonhavern Garden Centre
Company Reg. No: 9507508
VAT Reg. No: 242 842 413
The “BUYER” means the person who places an order for goods or whose order for the goods is accepted by the seller.
The “GOODS” are the goods (including any instalment of the goods or parts for them) which the seller is to supply in accordance with these terms and conditions.
The “CONDITIONS” are the standard terms and conditions of sale set out in this document and the “CONTRACT” is constituted by the “ORDER FORM” which is the contract for the purchase and sale of the goods.
In “WRITING” includes correspondence by email, or post.
The buyer confirms that the seller has completed a pre-delivery safety checklist with the buyer and specifically, the buyer understands that the goods are not being sold for residential purposes or being used for purposes that might require planning permission or building regulation standards or approval.
The buyer should check the details of any order (including name, full delivery address, contact details and any applicable specification). Any orders are subject to availability of the timber and related goods for production. Production begins on all orders immediately and products are bespoke and made to order. Any cancelled orders will incur a 50% charge of original order. If the buyer cancels within 7 days of planned dispatch the buyer will be liable for 75% of the goods. Timber is a commodity with variable prices and the seller may change the advertised price at any time. The price payable by the buyer shall be the price advertised or communicated when the order is placed.
The Seller cannot exactly guarantee that sizes and measurements are accurate as timber stock sizes change from time to time and buildings designs may also change slightly so buildings may differ to pictures shown on the website or any printed marketing material. The Seller may change its manufacturing or timber jointing methods from time to time so buildings may differ to pictures shown on the website or any printed marketing material.
At the time of order, the delivery address should be made clear by the buyer and a guide time will be given for expected delivery. Please give at least 3 days notice if you intend to change an arranged delivery date.
Installations are carried out on weekdays only, typically between the hours of 8.00am and 5.00pm.
If the Buyer fails to take delivery of the Goods without warning due to inadequate access, base preparation or similar reason, then the seller may store the goods until actual delivery and charge the buyer for the reasonable costs (including insurance) of storage and re-delivery or sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the buyer for the excess over the price stated in the contract or charge the buyer for any shortfall below the price under the contract. The seller will not accept any responsibility for any third party costs incurred for late or failed deliveries.
The goods remain the property of the seller until paid in full by the buyer. If the buyer fails to pay then the seller reserves the right to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods.
The seller sets out to produce a quality product to its local customer base and will correct any defects in material and workmanship for a period of 12 months from delivery. Timber is a natural material that may split, expand and contract over time or in extreme weather conditions. No liability can be taken for natural maturing, splitting or movement of timber. Where weather has affected a unit and wood expands or contracts, joinery may stick or contract.
In extreme circumstances the seller will adjust the joinery once during the warranty period. This is on condition that the goods have been paid for in full and that they have not been tampered with or adjusted. Joinery, hardware and roofing felt are guaranteed for a period of one year from installation. Roofing felt must be kept clear of debris, branches and obstructions. EPDM roofing has a manufacturer’s warranty of 20 years from installation, but must be kept clear of debris, branches and obstructions. The buyer will allow for creases or bubbles formed under the membrane, providing that such imperfections do not cause the membrane to allow water through it.
The buyer should treat the garden building with a high quality, spirit-based, timber preservative or 3 coats of paint shortly after installation. The seller highly recommends the portable building is treated on a six-monthly or annual basis (depending on location) from then on. The buyer accepts that if the shed is treated (externally only) with wood preservative by the seller that some treatment may appear through the cladding to the inside of the shed or around window and door frames. Floor bearers are tannelised against rot and decay and are guaranteed for five years subject to the building being placed on a raised concrete base and there being reasonable drainage around the building.
The seller’s warranty is negated if the goods have been altered or customised in any way or have undergone anything that could be deemed to be an act of the buyer tampering with the goods (such as but not limited to installing decking butting up against the building.)
Please inspect the goods on delivery and notify us of any shortages or defects which are apparent at that point. Each local authority interprets and governs planning permission in a different way. Any guidance given by the seller is no way binding and the buyer should always seek guidance from their local authority.
The seller sells buildings as agricultural storage units not for inhabitation therefore not subject to building regulations. The buyer should check whether the building requires planning permission or for building regulation approval dependant on the required use of their building. Any doubts about planned usage of the building should be clarified with the local authority. Any cancellations or refunds requested as a result of Local Authority planning intervention are at the cost of the buyer. The buyer should undertake their own risk assessment as to the timber buildings usage and location. Furthermore, in order to allow for wind damage they should have sufficient precautions in place for anchoring the building either with ground anchors or over-shed steel bonds. The seller cannot be held responsible for damage that occurs in these incidents.
Customers do not have to be present at the time of fitting however it is the responsibility of the customer to provide free and unobstructed access for product delivery and entry to the fitting site. The seller is not responsible for any goods or damage caused to the buyer’s property during delivery and installation, whether the buyer is present or not. The buyer must inform the seller of any delivery restrictions/ archways etc. Any failed, abortive or return delivery charges shall incur a £250 delivery charge.
Under these Terms & Conditions “Force Majeure” is defined as any cause beyond our control including, but not limited to, Act of Terrorism, War, Act of God, Fire, Flood, Natural Catastrophe, Explosion, Civil/Military Disturbances, Weather, Theft. We will not be held liable or responsible for any failure or delay in our obligations under these Terms & Conditions if the failure or delay is the result of Force Majeure.
We recommend that the buyer keeps a copy of these terms and conditions for future reference. The Order Form / Contract shall be governed by the laws of England.