OXFORDSHIRE GARDEN ROOMS

TERMS AND CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions are the standard terms which apply to the provision of installation services by Oxfordshire Garden Rooms (“the Company”) to customers who require installation services to be provided at their property. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

 

These Terms and Conditions apply where the customer is a “consumer” as defined by the Consumer Rights Act 2015.

 

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Agreed Times” means the times which You and We agree for the our installers to have access to the Property to complete the Job [as specified in the Agreement];
“Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions[. Our standard form of Agreement is attached as Schedule 1];
“Installer” means Us or Our employee who will be responsible for providing the Building Services;
“Installation Services” means the building services We will provide as specified in the Agreement;
“Business” means any business, trade, craft or profession carried on by You or any other person or organisation;
“Customer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Company who receives Installation Services for their use and for their purposes;
“Deposit” means the deposit You may be required to pay in accordance with Clause 5;
“Final Fee” means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions.
“Installation” means the complete performance of the Installation Services;
“Model Cancellation Form” means the model cancellation form attached as Schedule 2;
“Order” means Your initial request for Us to provide the Installation Services as set out in Clause 4;
“Products” means the products required for the provision of the Installation Services which We will supply (if any) as specified in the Agreement;
“Property” means Your property, as detailed in the Order and the Agreement, at which the Job is to take place;
“Quotation” means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
“Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
“Start Date” means the date You and We agree on for Us to start providing the Building Services as specified in the Agreement;
“Visit” means any occasion, scheduled or otherwise, on which the Installer visits the Property to provide the Installation Services;
“We/Us/Our” means the Company and includes all employees, agents and sub-contractors of the Company;
“Work Area” means the part of the Property where the Installation Services are to be provided;
“You/Your” means a Customer who is a customer of the Company.

 

  • Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means.
  • Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
  • Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
  • Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
  • The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
  • Words signifying the singular number will include the plural and vice versa.
  • References to any gender will include any other gender.
  • References to persons, unless the context otherwise requires, include corporations.

 

  1. Information about Us
    • We are a private limited company
    • We are registered in England under number 12419121
    • Our registered office is at Belfry House, Bell Lane, Hertford, England, SG14 1BP
    • Our main trading address is Unit 4/5 Queensford Farm, Dorchester-On-Thames, Wallingford, Oxfordshire, OX10 7PH
    • Our VAT number is 352263417

 

  1. Communication and Contact Details
    • If You wish to contact us with questions or complaints, you may contact Us by telephone at 01865 400 856 or by email at info@oxfordshiregardenrooms.co.uk.
    • In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:

 

  • contact Us by email at info@oxfordshiregardenrooms.co.uk; or
  • contact Us by pre-paid post at Sarah Keeley, Unit 4/5 Queensford Farm, Dorchester-On-Thames, Wallingford, Oxfordshire, OX10 7PH

 

  1. Orders
    • We accept orders for installation Services via email or pre-paid post.
    • When placing an order you should refer to the Quotation we have sent to you either by email or first class post.
      The Quotation will set out the required Deposit (if applicable) and fee (see Clauses 5 and 6).
    • If we cannot accept your Order, we will inform you of this in writing.
    • You may make changes to the order and quotation before accepting it.
    • You may accept a quotation by signing and dating a copy of it and returning it to us within 28 calendar days after the date We issue the Quotation.
    • When (but not before) You have returned the quotation, signed and dated, and You have paid the deposit, a legally binding contract between you and us will be created for us to provide the Building Services and for you to pay for them. We will then attach the signed agreement and complete any blanks in the agreement in accordance with the Quotation.
    • If you wish to change your order after accepting the quotation, please contact us and we will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 13 and/or 14.

 

  1. Deposit
    • At the time of accepting the quotation or not more than 7 calendar days thereafter, depending on the nature of the work and any specialist products required in advance, You will be required to pay us a Deposit. The deposit will be 40% of the quotation total.  We will not confirm an order until the deposit is paid and received in full.
    • If you cancel the installation Services, We may retain some or all of the deposit as set out in Clauses 13, 14 and 15.

 

  1. Fees and Payment
    • The quoted fee will include the price payable for the installation services and for the estimated products required.
    • We will where reasonably possible use only the products (and quantities of products) set out in the quotation and the agreement; however, if additional products are required, we will adjust the final fee to reflect this. We will keep any increases to a necessary minimum, will keep you informed at all times, and will not proceed without your agreement.
    • If the price of products or services increases during the period between your acceptance of the quotation and the start date, we will inform you of the increase and of any difference in the final fee. If you do not wish to accept the increase, you may cancel and receive a full refund of all sums paid including, where applicable, the deposit.
    • The Qquoted fee and the final fee are inclusive of VAT. If the rate of VAT changes we will adjust the amount of VAT that you must pay.
    • On, or before, the first day that the installation services are due to commence a second payment of 40% of the quotation total due. We may postpone the commencement of installation services if payment has not been made and received.
    • We will invoice you when the job has been completed.
    • You must pay any invoice within 7 calendar days of receiving it.
    • We accept the following methods of payment:
      • Credit / debit card by prior agreement;
      • Bank transfer.
    • If you do not pay an invoice by the due date, you will be charged interest on the overdue sum at the rate of 8% above the base rate of the Bank of England until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment.
    • If You have promptly contacted us to dispute an invoice in good faith, we will not charge interest while such a dispute is ongoing.

 

  1. Installation Services
    • Before We start the Job We will carry out a full inspection of the Property to check that the Installation Services are appropriate for the Property, practical and can be carried out safely.
    • We will provide the Installation Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
    • We reserve the right to use qualified and professional sub-contractors to deliver certain services (e.g. electrical installations/certification, armoured cable installation, ground screw base systems and so forth) and will advise You in advance.
    • We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
    • We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). There may be slight variations to the same Products as a result of differences between photographs, catalogues and other materials, and the Products themselves, or as a result of minor technical changes which will not impact your use of the Product in question. Product packaging may also vary. If different Products are required due to non-availability, We will not supply them without consulting with You first, in advance of the Job. If You do not wish to accept the alternative Products, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.
    • We will ensure that all Products comply with any relevant standards and are in a satisfactory condition at the time of use.
    • We will ensure that the Installation Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
    • We will notify You in advance if the work We are doing is likely to affect the Property outside of the Work Area and We will advise You of any remedial work You are likely to have to carry out. If further remedial work is needed, beyond the scope of the advice we gave You, We will carry it out at Our expense.
    • We will ensure that We comply with all relevant codes of practice.
    • We will properly dispose of all waste that results from Our provision of the Installation Services.
    • If We cause any damage during the course of the Job We will repair the damage before completing the Job.
    • Where a Job is to last for more than one working day, the Installer will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in the Work Area or remove them from the Property at the end of each working day.
    • Before the Job is completed We will work with You to produce a snag list identifying any faults or defects in Our work which we need to put right before completion of the Job. We will not be responsible for any defects which result from the work of third party contractors over whom We have no control.
  2. Electrical Work
    • Where the Company completes a full connection from an available and suitable consumer unit to the garden building and concluded the connection of all internal electrical fixtures a Part P certificate will be issued within 28 days of the final payment having been received.
    • Where Customer makes arrangements for a mains supply, via armoured cable, to be provided the Company reserves the right to refuse connection if in its professional assessment the electrical supply is in any way deemed inadequate or outside of code.
    • An armoured cable installed by a third party must run to the site of the proposed garden building and at least 10 metres of “excess” cable must be provided or more if specifically requested.
  3. Guarantees
    • Our buildings are guaranteed to be free of manufacturing defects and design faults for a period of FIVE years from the date of completion
    • Double-glazed and triple-glazed units supplied by us will be subject to the guarantee period as specified by the manufacturer and can be confirmed upon request.
    • Door frames, window frames, integral blinds, hinges and locking mechanisms supplied by us will be subject to the guarantee period as specified by the manufacturer and can be confirmed upon request.
    • All electrical fittings, flooring and trims are covered for a period of ONE year from the date of completion.
    • Movement, superficial cracking or warping of timber products, for example those used for external cladding, are not covered by guarantee as these are normal behaviours of wood (a natural material).
    • Door adjustments may be necessary from time to time and the Company will carry out two such adjustments at its discretion during the first TWELVE months after the date of completion.
    • All enquiries regarding guarantees should be raised with the Company’s offices at Hill Farm, Hill Lane, Lewknor, OX49 5RT
    • The Company is not liable for any effects of subsidence, ground heave or ground movement.
    • Any materials or equipment supplied by the Customer is used on the basis that the Company provides no guarantee. The Company will take all reasonable steps to make sure such materials or equipment are usable.
    • Any alteration made to the structure by any third party, i.e. not the Company, will invalidate any and all guarantees.
    • Where the Company has carried out plastering work, installed plaster boarding and/or has painted surfaces then minor cracking due to shrinkage and small-scale differential movement is not covered by guarantee. Such cracks should be filled, sanded and the painting retouched by the customer.
    • Roof clearance and gutter clearing should be carried out annually and debris, such as leaves, kept clear of the area immediately surrounding the building in order to promote ventilation (to, for example, the space under the building and the lower sections of the cladding).

 

  1. Faulty Products
    • If any Products are supplied in the course of Us providing the Installation Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details above in Clause 3.
    • Within the first 30 calendar days, and where adjustments will not rectify the defect, You are entitled, to a repair or replacement.
    • After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace any defective Products.This right may not apply if We can prove that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by the Installer or as included with the Product.
    • After the first six months, if any Product develops a fault, You must prove that the Product in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund for up to six years depending upon the nature of the Product and how long it can reasonably be expected to last.

 

  1. Problems with Our Service
    • If there is a problem with the result of the Installation Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.
    • We always use reasonable efforts to ensure that Our provision of the Installation Services is trouble-free. If, however, there is a problem with the Installation Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Installation Services as quickly as is reasonably possible and practical.
    • We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us [or where nobody is at fault]. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.
    • As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
    • If We do not perform the Installation Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price.
    • If the Installation Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Installation Services), You have the right to a reduction in price.
    • If for any reason We are required to repeat the Installation Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees payable for the Job and, where You have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.

 

  1. Your Obligations
    • If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before We begin to provide the Installation Services.
    • The Company recommends that all Customers seek clarification from their local planning authority prior to placing an order.
    • It is important that the Customer ensures that their property is free from any covenants or restrictions including, but not limited to, those imposed by legislation pertaining to AONB, National Parks, SSSIs, Conservation Areas, Grade Listing or similar controlling bodies
    • If any party wall agreements are needed, You must enter into those agreements before we begin to provide the Installation Services.
    • You will ensure that the Installer can access the Property at the Agreed Times to provide the Installation Services.
    • The Customer must provide all necessary parking permits and permissions for the Installer’s work and delivery vehicles and, in addition, any skip or waste container that may be required.
    • All agreed site clearance, including but not limited to the removal of existing structures, garden equipment and play equipment must be completed prior to the Installation Services scheduled first day. A minimum charge of £500.00 plus VAT will be incurred if the site is not ready for the commencement of work.
    • Access to the work site must be reasonable as quantities of heavy and fragile materials are required.
    • Where materials are delivered to site prior to Installation Services commencing the Customer must take all reasonable steps to ensure their security and protection from damage.
    • You may either give the Installer a set of keys to the Property or be present at the Agreed Times to give the Installer access. We promise that all keys will be kept safely and securely by the Installer.
    • You must ensure that the Installer has access to electrical outlets and a supply of hot and cold running water.
    • You must ensure that the Work Area is kept clear of your possessions and other items and out of use for the duration of the Job unless We direct otherwise.
    • If You do access the Work Area at any time during the course of the Job You must observe all relevant health and safety rules and must comply with any additional instructions the Installer gives You.
    • Unless redecoration following completion of building work forms an agreed part of the Installation Services, You will be responsible for any redecoration required.
    • If You do not provide the required access to the Property or make it impossible for Us to provide the Installation Services by failing to comply with any other provision in this Clause 10, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
    • The Company reserves the right to cease work and move its Installers and other professionals offsite if it deems the working area to have become hazardous or where such personnel are at risk.

 

  1. Complaints and Feedback
    • We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure, available from the Company.
    • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      • In writing, addressed to Carl Forshaw, Hill Farm, Hill Lane, Lewknor, OX49 5RT;
      • By email, addressed to Carl Forshaw, carl@oxfordshiregardenrooms.co.uk;
      • Using Our complaints form, following the instructions included with the form
  1. Changing the Start Date
    • If You ask Us to change the Start Date:
      • We will where reasonably possible agree a revised Start Date with You;
      • If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 15).
    • If We ask You to change the Start Date, You may either:
      • agree a revised Start Date with Us; or
      • terminate the Agreement (see Clause 15).

 

  1. Cancellation of Contract During the Cooling Off Period
    • Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends:
      • in relation to any Products supplied, at the end of 14 calendar days after the date on which the Products are delivered. If the Products are delivered in instalments, the 14 calendar day period begins on the day that you receive the final instalment; and
      • in relation to the Installation Services, at the end of 14 calendar days after the date on which the contract is formed.
    • If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, fax or email to the postal address, fax number or email address specified in these Terms and Conditions).
    • To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
    • If You exercise this right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
    • We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
    • We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 calendar days after the day on which We are informed of the cancellation.
    • If You exercise the right to cancel in relation to Products:
      • We will issue a refund within 7 calendar days and in any event no later than 14 calendar days after We receive the relevant Products (and will include standard delivery charges if You send the Products to Us);
      • You must return the Products to Us within 14 calendar days of the day on which You inform Us that You wish to cancel and return them;
      • We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You;
      • Please also note that Products that become inseparably mixed with others cannot be returned.
    • If the Start Date falls within the cooling off period You must make an express request for provision of the Installation Services to begin within the 14 calendar day cooling off period. [This request forms a normal part of the ordering process.]  By making such a request You acknowledge and agree to the following:
      • If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
      • If You cancel the Agreement after provision of the Installation Services has begun You will be required to pay for the Installation Services and any Products that cannot be returned to Us supplied up until the point at which You inform Us of Your wish to cancel;
      • The amount due will be calculated in proportion to the full price of the Installation Services and the actual Installation Services already provided. Any sums that have already been paid for the Installation Services will be refunded, subject to deductions calculated on this basis;
      • We will process any refund within 7 calendar days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
    • Clause 14 applies to the termination of the Agreement after the 14 calendar day cooling off period has elapsed.

 

  1. Cancellation Outside of the Cooling Off Period
    • In addition to Your rights in Clause 13 relating to the cooling off period, the following applies to Your termination of the Agreement after the cooling off period and before the Start Date (if relevant):
      • If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and more than 20 calendar days before the Start Date, We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.
      • If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and less than 20 calendar days before the Start Date, We will retain from the Deposit, if applicable, a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit (and/or if no Deposit has been paid), We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
    • We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

 

  1. Termination
    • You may terminate the Agreement with immediate effect at any time by giving Us written notice if:
      • We have breached the Agreement in any material way and have failed to remedy that breach within 14 calendar days of You asking Us in writing to do so;
      • We enter into liquidation or have an administrator or receiver appointed over Our assets;
      • You and We have been unable to agree a revised Start Date or You elect to terminate the Agreement under Clause 12;
      • We are unable to provide the Installation Services due to an event outside of Our control (see Clause 17).
    • We may terminate the Agreement with immediate effect by giving You written notice if:
      • You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);
      • You have breached the Agreement in any material way and have failed to remedy that breach within 14 calendar days of Us asking You in writing to do so; or
      • You and We have been unable to agree a revised Start Date under Clause 2;
      • You do not provide the Installer with access to the Property or otherwise make it impossible for the Installer to provide the Installation Services, and We have been unable to contact You to re-arrange the Installation Services under sub-Clause 10.9;
      • We have been unable to provide the Installation Services for more than four weeks due to an event outside of Our control (see Clause 17).
    • For the purposes of this Clause 15 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
    • If at the termination date:
      • You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any Installation Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement if We terminate it under sub-Clauses 15.2.1, 15.2.2, or 15.2.4;
      • We have provided Installation Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.

 

  1. Effects of Termination
    • If the Agreement is terminated for any reason:
      • Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
      • Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
    • If any event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform You as soon as is reasonably possible;
      • Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Building Services as necessary;
      • You or We may terminate the Agreement (see Clause 15).

 

  1. Liability
    • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
    • We will maintain suitable and valid insurance including public liability insurance.
    • We provide Installation Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Installation Services.
    • We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Installer.
    • Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
    • Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

  1. How We Use Your Personal Data (Data Protection)

We will only use Your personal data as set out in Our Privacy Notice available from the Company.

 

  1. Other Important Terms
    • We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
    • We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
    • The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
    • If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
    • No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

 

  1. Regulations and Information
    • We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before the Agreement is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
    • As required by the Regulations:
      • all of the information described in sub-Clause 21.1; and
      • any other information which We give to You about the Building Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Building Services,
  1. will be a part of the terms of Our contract with You as a Consumer.

 

  1. Law and Jurisdiction
    • These Terms and Conditions, the Agreement, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    • As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

SCHEDULE 1

 

SERVICE AGREEMENT

 

THIS AGREEMENT is made the       day of

 

BETWEEN:

 

(1)       Oxfordshire Garden Rooms, a company registered in England under number 12419121 whose registered office is at of  Hill Farm, Hill Lane, Lewknor, OX49 5RT (“the Company”)

and

 

(2)       <<Name of Customer>> of <<insert Address>> (“the Customer”)

 

 

BACKGROUND:

 

(1)       The Company provides installation services to consumer clients and has reasonable skill, knowledge and expertise in that field.

 

(2)       The Customer wishes to engage the Trader to provide the services specified below (“the Building Services”).

 

(3)       The Trader agrees to provide the Installation Services to the Customer, subject to the attached Terms and Conditions and the terms of this Agreement.

 

 

IT IS AGREED as follows:

 

  1. The Agreement
    • This Agreement incorporates the attached Terms and Conditions.
    • In this Agreement, words with initial capital letters have the same meaning as they have in the Terms and Conditions.
    • A legally binding contract between You and Us will be created when You and We sign this Agreement.
    • We confirm and You acknowledge that We have given or made available to You the following information (save for where such information is already apparent from the context of the transaction):
      • The main characteristics of the Installation Services;
      • Our identity and contact details;
      • The total price payable for the Installation Services including taxes or, if the Price cannot be calculated in advance, the manner in which it will be calculated;
      • The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Installation Services;
      • Our complaints handling policy;
      • The duration of this Agreement, where applicable, or if this Agreement is of indeterminate duration or is to be extended automatically, the conditions for terminating it.
    • As required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
      • all of the information described in Clause 1.4; and
      • any other information which We give to You about the Installation Services or about Us which You take into account when entering into this Agreement or when making any other decision about the Installation Services
  1. will be part of the terms of Our contract with You as a Consumer.
  3. The Building Services
    • We will:
      • begin to provide the Installation Services on the Start Date of <<insert date>>;
      • aim to complete the Job by <<insert date>>;
      • provide the Installation Services during the Agreed Times of <<insert times>> or such other times as You and We may agree in writing;
      • provide the Installation Services at the Property located at <<insert address>>;
      • perform the Installation Services in accordance with the specification referred to in Clause 2.2
    • The specification for the Installation Services is specified in the Quotation.
    • The Products we will supply are specified in the Quotation.
    • You and We may agree in writing to vary the specification from time to time.
  4. Fees and Payment
    • You will pay the Quoted Fee as per the Quotation for the Installation Services (subject to changes as set out in the Terms and Conditions). This sum may be broken down as follows:
      • 40% payable upon placement of the order
      • 40% payable on or before the first day of Installation Services
      • 20% balance due upon completion.

 

  1. Waiver of Cooling Off Period
    • By signing this Agreement You request Us to commence provision of the Installation Services immediately and not to wait for the 14 calendar day cooling off period referred to in Clause 13 of the Terms and Conditions to expire.
    • You acknowledge that if You exercise the right to cancel You will be liable to pay Us for the Installation Services provided up until the point at which You inform Us of Your wish to cancel, as set out in Clause 13 of the Terms and Conditions.
    • You acknowledge that You will lose the right to cancel if the Installation Services are fully performed within the 14 calendar day cooling off period.

 

 

SIGNED for and on behalf of the Company by:

 

__________________________________________________
Print Name and Job Title

 

__________________________________________________
Authorised Signature

 

Date: ____________

 

 

SIGNED by the Customer:

 

__________________________________________________
Signature

 

Date: ____________