Groovy Garden Rooms - Terms and Conditions of Business

1. Interpretation
Company means Lamarnier Group Ltd (trading as Groovy Timber®), a company registered in England & Wales with company number 09571261.
Company’s Representative means a director of the Company.
these Conditions means the terms and conditions of sale set out below.
Contract means the contract for the sale, purchase and installation of the Goods in accordance with these Conditions.
Customer means the person named in the Customer Order Confirmation who has agreed to purchase from the Company the Goods described in the Customer Order Confirmation.
Customer Order Confirmation means the confirmation issued in writing by the Company in which, amongst other things, the Goods are described.
Goods means the garden building specified in the Customer Order Confirmation to be installed by the Company at the Site.
Property means the property identified in the Customer Order Confirmation at which the Site is located.
Site means the site situated at the Property as specified in the Customer Order Confirmation on which the Goods are to be installed.


2. Basis of Sale
2.1. The Company will sell and the Customer will buy the Goods subject to these Conditions.
2.2   The Customer agrees that the Contract constitutes the entire understanding between them and the Company, and there are no representations, warranties, conditions and terms or obligations of whatever nature other than those specifically contained in the Contract.
2.3   Any advice or recommendation given by the Company or its employees or agents to the Customer which is not confirmed in writing by the Company’s Representative is acted upon entirely at the Customer's own risk, and the Company shall bear no liability for any such advice or recommendation which is not so confirmed.
2.4  Any typographical, clerical or other error or omission in any document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
2.5. In these Conditions where two or more individuals are included in the expression ‘the Customer’ any obligation provided by them shall be deemed to be made by such persons jointly and severally.


3. Orders
3.1. An order placed by the Customer will have no legal effect until it is accepted formally by the Company by the issue of a Customer Order Confirmation signed on behalf of the Company by the Company’s Representative.
3.2. If for whatever reason no valid Customer Order Confirmation is issued by the Company, the Customer in accepting delivery of the Goods shall be bound by these Conditions.
3.3. Once the Customer Order Confirmation has been issued by the Company, the Customer’s order for the Goods may only be cancelled or the installation date deferred with the written agreement of the Company’s Representative and on the condition that the Customer indemnifies the Company for all costs incurred as a result of the cancellation or deferral including labour, materials, any other charges and expenses.


4. Customer Obligations
4.1. The Customer warrants that:
4.1.1.  they are the owner of the Property and the Site or have the permission of the owner to install the Goods on the Site;
4.1.2.  the Company will have unrestricted access to an adequate supply of water and electricity at all times during the installation of the Goods;
4.1.3.  they will grant the Company suitable access to the Property and the Site at all times, including for the purpose of recovering the Goods or any part of them if payment in full has not been made on the due date;
4.1.4  the Site and any access routes to the Site have the capacity to support a load of 12 tonnes;
4.1.5. the Site is accessible and free from any danger, and in particular that the Site is sound, level and free from any obstructions;
4.1.6. they have obtained all required consents for the installation of the Goods including (without limitation):  consent from any mortgagee of the Property;  consent or planning permission from any local or public authority (it being the responsibility of the Customer to determine whether such consent or permission is required), and in this regard the Company may require the Customer to provide written substantiation that such consent or planning permission has been granted or is not required;
4.1.7. the installation of the Goods does not contravene any covenant, regulation or legislation.
4.2  The Customer hereby agrees at all times to keep the Company indemnified against all claims, costs, demands and liabilities arising as a result of the Customer’s breach of any of their obligations in this Condition 4 including (without limitation) the costs incurred by the Company as a result of any delay whilst the Customer takes the steps necessary for them to comply with their obligations.


5. Installation
5.1.  The Goods shall be installed by the Company on the Site unless otherwise agreed in writing.
5.2.  Any date specified by the Company in the Customer Order Confirmation for the installation of the Goods is approximate only and will be confirmed by the Company at least five working days before installation. This date shall not be made of the essence by virtue of this confirmation. Where no dates are specified, installation will be within a reasonable time. Save as otherwise expressly stated in these Conditions, the Company will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or in the actual installation of the Goods, nor will delay in installation entitle the Customer to terminate or rescind the Contract. Any liability of the Company for non-delivery of the Goods shall be limited to refunding the deposit (if any).
5.3.  The Company shall use all reasonable endeavours not to cause damage to the Customer's property and shall make good any damage caused.
5.4.  If in the reasonable opinion of the Company the Site is not accessible or does not otherwise comply with the Customer’s obligations in Condition 4, the Company may without limiting its rights and in its absolute discretion defer installation to a later date subject always to the Customer indemnifying the Company for all additional costs incurred due to such deferment, or, at its option, the Company may cancel the Contract with immediate effect, whereupon the Customer's deposit will be returned less an amount in respect of all of the Company's charges and expenses incurred in connection with the Contract up to the time of such cancellation.
5.5.  Unless otherwise stated in the Customer Order Confirmation, it is the Customer's responsibility to arrange for a qualified electrician to connect the Goods to the Customer's electricity supply and the Company excludes all liability in this respect. Where the Company is to lay or install cables or conducting media to and from the Goods up to the Property as set out in the Customer Order Confirmation, it remains the Customer's responsibility to specify the type of cable/conducting media required and to arrange for a qualified electrician to complete the connection to the Customer's electricity supply. Where it is agreed that the Company will arrange for the Goods to be connected into the Customer’s electricity supply, the works in question will be at additional cost and either set out in the Customer Order Confirmation or in a written alteration thereto signed by the Company’s Representative.


6. Company Warranty
6.1  The Company warrants that upon installation the Goods shall be free from any significant defect in materials or workmanship, and in particular the Company warrants that the main structural elements of the Goods will be free from any significant defect for a period of 30 years (in the case of Goods installed away from the sea coast) or 25 years (in the case of Goods installed in a coastal location), in each case from the date of completion of installation (such date being specified in the completion documentation that will be given to the Customer at that time).
6.2  If the Goods do not conform to these warranties, the Customer must give written notice to the Company describing as fully as possible the defects in the Goods. The Company will then take such steps as it deems necessary to bring the Goods into a condition where they are free from such defects, being in most cases the repair or replacement of the part of the Goods in which the defect has arisen or, at the Company’s entire discretion the complete replacement of the Goods. At its option, the Company may decide to refund the purchase price of the Goods, provided that the liability of the Company shall not in any event exceed the total purchase price of the Goods. The taking of the steps so deemed necessary or the refund of the purchase price shall constitute an entire discharge of the Company's liability under the Contract. If the Company opts to refund the purchase price, any such refund is conditional upon the Customer providing the Company with access and all reasonable assistance that it reasonably requires in order to remove the Goods from the Property, and upon such removal ownership of the Goods shall vest in the Company.
6.3  The Company’s warranties in Condition 6.1 shall apply only to the main structural elements of the Goods. Following completion of the installation of the Goods, it shall be the responsibility of the Customer to inspect the Goods as installed, and any defects other than those in the main structural elements of the Goods must be notified in writing to the Company no later than 30 days after the completion of the installation, and the Company will then decide how such defects shall be rectified, which may at the option of the Company be to repair or replace the part of the Goods in which the defect has arisen or to make a refund to the Customer of such part of the purchase price for the Goods as the Company considers reasonable.
6.4  All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Contract provided that this Condition 6.4 shall not exclude any rights of which the Customer may have the benefit under the Consumer Rights Act 2015, and in any event, where the Customer is a consumer as defined by the Consumer Rights Act 2015, the statutory rights of the Customer are not affected by these Conditions.
6.5  The Company shall be under no liability in respect of any defect arising.
6.6  The warranty given in this Condition 6 shall not apply to any defects in the Goods:
6.6.1  arising as a result of any breach by the Customer of their obligations set out in Condition 4; or
6.6.2  arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Company’s approval, or any other act or omission on the part of the Customer or any third party; or
6.6.3  as a result of any ground conditions or instability affecting the Site.


7. Alteration in Specification

The Company reserves the right to make any changes in the specification of the Goods which do not materially alter their quality or function or where it is necessary to conform to any applicable safety or other statutory requirements.


8. Property and Risk
8.1  Risk in the Goods shall pass to the Customer upon completion of installation (being the date specified in the completion documentation that will be given to the Customer at that time), and responsibility for effecting and maintaining insurance cover passes to the Customer at that time.
8.2  Title in the Goods shall not pass to the Customer until the Company has received payment in full in cleared funds of all sums due to it under the Contract.


9. Price and Payment Terms
9.1  The price for the Goods shall be set out in the Customer Order Confirmation. The price shall be inclusive of any value added tax, packaging, transportation and installation unless stated otherwise in the Customer Order Confirmation.
9.2  All prices quoted are valid for 90 days from the date stated below. Any orders placed after this 90-day period has elapsed may be subject to price changes.
9.3  The Company reserves the right, by giving notice to the Customer at any time before delivery of the Goods, to increase the price to reflect any increase in the cost to the Company which is due to (i) any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), (ii) any change in delivery dates, quantities or specifications for the Goods which is requested by the Customer, (iii) any delay caused by any instructions of the Customer, (iv) failure of the Customer to give the Company adequate information or instructions, or (v) failure of the Customer to comply with their obligations as set out in Condition 4.
9.4  Unless stated otherwise in the Customer's Customer Order Confirmation, the Company has the following payment terms for Customers. These are paid in three stages:
9.4.1 Stage 1: A deposit of 50% of the total price of the Goods is payable to the Company with the Customer’s order for the Goods. As the Goods are bespoke products, the deposit is non-refundable save as stated elsewhere in these Conditions.
9.4.2 Stage 2: A further deposit of 40% of the total price of the Goods is payable to the Company by the Customer before the Company starts starts work at the Property on the foundations for the Goods.
9.4.3 Stage 3: The remaining balance of the total price of the Goods, namely 10%, is payable before completion of the onsite manufacture of the Goods at the Property and must be paid before the works begin for the final week of the installation of the Goods.
9.5  The Customer shall make the full payment due without any deduction whether by way of set-off, counterclaim or otherwise, and no payment shall be deemed to have been received until the Company has received cleared funds.


10. Failure to Make Payment
10.1 The time of payment shall be of the essence of the Contract. If the Customer fails to make any payment owing to the Company on the due date, then the Company shall, without prejudice to any other right which the Company may have under the Contract, have the right to charge the Customer interest and other compensation charges as may be permitted by virtue of the Late Payment of Commercial Debts (Interest) Act 1998.
10.2 Notwithstanding the above, if full payment of all moneys due under the Contract has not been made on the due date, the Contract may be terminated forthwith by the Company, whereupon the Company shall be entitled to remove the Goods from the Property, and for such purpose the Company shall have an irrevocable licence or authority to enter upon the Property with such transport as may be necessary to recover the Goods.


11 Enforceability and Severability

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.


12. Amendment
These Conditions shall not be amended, modified or varied except in writing signed by the Company’s Representative.


13. Assignment
13.1 The Company may assign the Contract or any part of it without limitation to any person, firm or company.
13.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.


14. Liability
14.1 The Company's liability to the Customer in respect of the non-performance of any of the Company's obligations under the Contract shall be limited to the price of the Goods.
14.2 The Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of the Contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) which arise out of or in connection with the supply and installation of the Goods.
14.3 The Customer shall indemnify the Company against all damages, costs, claims and expenses suffered by the Company arising from loss or damage to any property, equipment or vehicles (including that of third parties) caused by the Customer, or any employees, agents or visitors of the Customer.
14.4 The Company shall not be liable to the Customer or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s reasonable control.
14.5 Nothing in these Conditions excludes or limits the liability of the Company:
14.5.1 for death or personal injury caused by the Company’s negligence; or
14.5.2 for any matter where it would be illegal for the Company to exclude or attempt to exclude its liability (including by virtue of the Consumer Rights Act 2015); or
14.5.3 for fraud or fraudulent misrepresentation.


15. Force Majeure
15.1 In the event that the Company is prevented from fulfilling its obligations under these Conditions by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout, pandemic or governmental directive, the Company shall not be deemed to be in breach of its obligations under these Conditions. The Company shall immediately give notice of this to the Customer and must take all reasonable steps to resume performance of its obligations once the event in question has passed.
15.2 If and when the period of the supervening event exceeds six months, then the Contract shall automatically terminate unless the parties first agree otherwise in writing.


16. Insolvency
16.1 If the Customer becomes bankrupt or goes into liquidation or takes advantage of any other statutory provision for the relief of insolvent debtors or if the Company reasonably apprehends that any of the events mentioned above in this Condition 16.1 is about to occur in relation to the Customer and notifies the Customer accordingly, then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to terminate the Contract or suspend any further deliveries under the Contract without any liability to the Customer. If the Goods have been delivered but not paid for, then the price for the Goods shall become immediately due and payable and/or at its option, the Company shall be permitted to enter the Property for the purpose of recovering the Goods.
16.2 The Company shall be entitled at its discretion to leave the Goods at the Property, to demand full settlement of the price of the Goods, and to take whatever action is available to it to secure such payment from the Customer or from the owner or occupier of the Property.


17. Notices

Any notices to be given shall be in writing and be deemed to be given if left at last known address of the Company or the Customer as the case may be or sent to the same by first class post or email and shall be deemed to have been received two working days after despatch if sent by post or on receipt of a transmission in legible form if by facsimile or on delivery if by hand. Notices between the parties during the course of the sale, purchase and installation of the Goods may be sent by email and shall be considered received as and when confirmed. The service of legal notices and proceedings by email is not permitted.


18. Waiver

No failure or delay on the part of the Company to exercise any right or remedy under these Conditions shall be construed or operate as a waiver thereof. The rights and remedies provided are cumulative and are not exclusive any rights or remedies provided by law.


19. Governing Law

Any claim or dispute arising out of these Conditions shall be governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English and Welsh courts.

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