Garden Affairs Terms and Conditions

1. Definitions

• “the Company”

Garden Affairs Limited

c/o Trowbridge Garden Centre, 288 Frome Road, Trowbridge, Wiltshire, BA14 0DT. 

Tel: 01225 774566 

E-mail: [email protected]

The listed terms and conditions shall apply to the sale and supply of garden products and services by The Company, to the entity hereby referred to as “The Customer”.

The person(s), company or organisation purchasing goods or services from the Company appearing within the “customer” section of all Company sales order/invoice documentation.

• “the Goods”

All or part of the items detailed in the sales order confirmation form, the supply of which forms part of the contract.

• “the Work”

Any site preparation, ground works, construction, assembly and installation work detailed in the sales order form or any associated schedule and forming part of the contract.

2. Dimensions, Specifications & Accuracy

The Company shall endeavour to give the Customer every possible means of making an informed decision (including brochures, website content and thorough discussion with representatives of the Company). However, it is not possible to give every exact specification or dimension found on a building or product and it is the Customer’s responsibility to clarify with the Company any concerns relating to product specification, dimensions, suitability or quality prior to placing an order.

3. Standard of Work

The Company shall carry out the Work as specified in the order confirmation form to the standard agreed with the Customer. The Company shall have the right to refuse to carry out Work (a) in a situation, which puts at risk the health or safety of any employee of the Company and/or (b) to a standard it deems unsuitable or inadequate for its purpose.

4. Prices and Payment

• 4.1 No order shall be deemed accepted by the company until it has confirmed its acceptance of the order in writing.
• 4.2 A deposit of 25% of the contract price is payable, as a deposit, with every order. The deposit shall be refundable less any reasonable administration charges to the time when manufacture of the goods commences. Thereafter, the deposit becomes non-refundable and any outstanding balance is only refundable at the discretion of the Company.
• 4.3 No variation of these conditions shall apply unless confirmed in writing by the Company.
• 4.4 All prices agreed between the Company and the Customer are based on work done during normal working hours.
• 4.5 Where it is agreed that payment shall be in instalments, a deposit shall be made at the time of placing the order, the balance of the price shall be paid: by customers wishing to install a building themselves in full 7 days prior to delivery and for buildings supplied and installed by the company, payment is required in full on the day of completion.
• 4.6 Payment may be made by cash, cheque or debit card, credit cards are not accepted for balance payments.
• 4.7 Payment on time shall be of the essence and any failure to so pay shall entitle the Company at its option to treat the contract as repudiated by the Customer, to delay delivery of Goods until payment has been made or to appropriate any payment made by the Customer to such of the Goods as the Company may think fit notwithstanding any purported appropriation by the Customer (without prejudice to any other remedy that the Company may have).
• 4.8 Where the Customer cannot accept delivery of the Goods on the proposed confirmed delivery date, either by reason of failure by himself or his agent to complete preparatory groundworks/foundations, or delay to any other work which does not form part of this contract, or by any other reason outside the control of the Company, payment for the Goods shall nevertheless become due on that proposed confirmed delivery date. Storage charges shall also apply. While the Company shall undertake to provide safe and secure storage for the Goods in such a case, the Customer accepts that weathering of the Goods may take place whilst they are in storage and shall not make any claims relating to such weathering.

5. Retention of Title/Ownership 

Legal ownership of any Goods supplied shall remain vested in the Company until such time as full payment of any outstanding invoice has been made. Should the Customer take delivery of Goods prior to full payment for the Goods, the Customer accepts that the Company retains the right to demand and receive immediate settlement of outstanding monies prior to transfer of ownership. 

Where such settlement is not made, the Customer grants the Company unrestricted access to reclaim the Goods, at which point an order cancellation process shall be instigated. The security and saleable condition of the Goods up to the point of reclaim shall remain the sole responsibility of the Customer who shall be liable to pay reasonable costs to the Company for any failure to keep and maintain the Goods in that condition.

6. Delivery & Timescales

• 6.1 Whilst every reasonable effort shall be made to achieve an estimated delivered and/or installation date, the Company shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery and/or installation date.
• 6.2 The Company shall give reasonable notice to the Customer of a confirmed delivery date and it shall be the responsibility of the Customer to ensure that they or their nominated representative is present at the delivery site to accept delivery of the Goods on the due date/time and to check that the delivered goods are in sound condition and undamaged at the time of delivery. 
• 6.3 The Customer shall notify the company at the time the order is placed of any factors, which might limit access, by delivery vehicles to the delivery address. In such cases, the Company shall indicate to the Customer if those factors make the use of an alternative delivery site advisable or necessary.
• 6.4 Where it is not practicable to deliver the Goods direct to the Customer’s address, the Customer shall ensure that the alternative delivery site nominated by (her) him is a suitable, safe and secure site.

7. Installation

• 7.1 Where the Company undertakes Work as part of the Contract, every reasonable effort shall be made to meet the proposed timetable for the Work, subject always to impact of inclement weather, any unforeseen ground conditions or other difficulties of working on the site where the Work is to be carried out.
• 7.2 Where the Customer or his agent undertakes to complete groundworks/foundations, it is the Customer’s responsibility to ensure that the groundworks/foundations are complete and constructed to give a level base area of suitable size. On the arrival of the Company’s installers the groundworks/foundations prove to be unsuitable, the Customer shall be liable to pay the Company reasonable costs of remedial work required to bring the groundworks/foundations up to the required specifications prior to the commencement of the Work.
• 7.3 The Customer shall also be liable to pay the reasonable costs of storage of the Goods that may result from delays to the completion of any groundworks/foundations that do not form part of the Work.
• 7.4 For installation purposes, the customer hereby agrees to allow access during normal working hours and free uninterrupted use of electricity and water. The customer further agrees to be responsible for providing a clear working area, including the moving of any dog or cat foul, shrubs, plants, trees, TV, telephone and electric cables as necessary.
• 7.5 If there is restricted parking the customer shall provide parking permits or pay for any parking charges during the installation.
• 7.6 If a building, tools or equipment have to be transported through a house we are unable to accept any liability for accidental damage to the property or its contents.

8. Permissions

The Customer shall be responsible for obtaining any agreements or permissions required for the erection of any building or structure supplied under the Contract. 

9. Return or cancellation of Goods and works

All goods are supplied from the manufacturer. If within 7 days from the date of delivery, any of the Goods are found to be missing, faulty or damaged and provided that it can be shown that the loss, fault or damage has not occurred since the time of delivery, the Company shall arrange for the delivery of the replacement Goods.

Prior to delivery of the Goods, the Customer may cancel the contract by sending written notice to the Company at the above address. The terms of 4.2 above shall apply (refunding deposits). Where the Customer wishes to cancel the contract relating to the Work, the Customer must give to the Company 7 days’ notice in writing. 

Where the manufacture and/or work has already commenced, the Customer remains liable to pay for such part of the manufacture and/or work as has been completed at the point when the cancellation takes effect. 

10. Guarantee 

• All our buildings come with a manufacturer’s 5-year guarantee to cover defective materials and workmanship. Our guarantee does not cover damage caused by humans, animals, natural disasters or extremes of weather. Complaints as a result of inadequate foundations, faulty assembly, poor maintenance or the incorrect choice of maintenance materials will not fall within our guarantee. 
• Garden Affairs offer a 12-month installation guarantee to cover the quality of workmanship. 
• Electrical installations and electrical components are covered by our 12-month installation guarantee. 
• Factory painted doors, windows carry a 3-year warranty.
• Factory painted walls carry a 3-year warranty.
• Sedum cannot be guaranteed as this is a living plant that will require periodic care and maintenance.