Unique Garden Sanctuaries Terms and Conditions Version 1.1 (29.03.2016)
1 Our main obligation to you is to carry out the work with all reasonable skill and care according to the timetable agreed. The goods we supply must be of satisfactory quality, fit for purpose and operate as we describe to you. If you feel we are in breach of this then you have a right to request a repair or replacement by providing 14 days written notice to us about the breach. If we do not rectify the breach following your request within a reasonable time frame (allowing for delays beyond our control) then you are entitled to cancel the contract and receive an appropriate refund and, or request compensation. However you cannot seek these remedies if you change your mind outside the “Cooling off period” or decide you no longer want some or all of the works carried out. We will endeavour to complete the work in accordance with the timetable agreed with you. However, you must appreciate that sometimes delays occur for reasons beyond our control such as, but not limited to, product availability, when third parties are involved or the requirement of suitable weather conditions. If the delay is beyond our control then we cannot be held responsible for the delay and we will complete the work as soon as possible and ensure you are kept fully updated.
2 If applicable, we will provide you with a guarantee that covers the installation and the goods installed.
3 You have the right to cancel the contract and receive a full refund of your deposit by returning the notice overleaf within 14 working days after the contract was signed. This is known as the “Cooling off period”. However, if you provide your written consent to the performance of the works to commence within the 14 day “Cooling off period” on the contract and then cancel you may be required to pay for any goods and services supplied if you choose to cancel before the end of that period. If there is a delay beyond the “Cooling off period” that is caused by us then you have a right to cancel and receive a full refund.
4 When you accept our quotation by signing the contract you may be asked to pay a deposit. This will not be more than 25% of the contract price. If you cancel the contract within the “Cooling off period” and have not given your permission for work to commence within that period, you will be entitled to a full refund. If you pay the deposit before we have inspected your property and we then find that the works cannot proceed, we will refund that deposit to you in full and the contract will be cancelled.
5 Depending on your individual contract you may be required to make interim payments. These will be agreed with you at the time of contract.
6 The final payment will be the balance outstanding and this is due immediately on completion. You will be issued with an invoice which details the amount due and the method to pay upon completion of the works.
7 If you allege there is a minor defect, you will not be entitled to withhold more than a proportionate amount of the outstanding balance. If you do withhold any money after the due date because of an alleged minor defect you must give us notice in writing stipulating the reasons why you are withholding the payment.
8 If your payment is late then we may charge interest until the full amount is paid. The interest rate we charge will be 3% above the base rate set by the Bank of England. If the late payment is the deposit or interim payment then we may notify that we will not commence or will cease works until the payment is made. If you are in breach of this Contract by failing to make an agreed payment and we have suspended work then we may be entitled to recover any additional costs incurred. If this is the case we will provide you with a written notice containing full particulars of any claim for compensation within 21 days of any suspension of work. This may also require you to return and deliver up the goods to us. Failing this we may take legal proceedings to recover the goods or their outstanding value.
9 It will be your responsibility to obtain any necessary permissions and approvals for the work to take place. We can help you do this but if you require us to obtain these permissions and approvals on your behalf, you must notify us prior to placing your order and there may be administrative charges in addition to any fees payable for obtaining these approvals or permissions.
10 If you fail to pay on time we may stop work and charge additional costs.
11 If you cause the work to be delayed, we may stop work and charge reasonable additional costs.
12 During the carrying out of the works, you must agree to provide the following for our use free of charge: water, washing facilities and toilets; electricity supply; adequate storage space; safe and easy access to your property from the public highway; and easy access to the location within the property where the works are to take place by removing all belongings.
13 If we require you, or a contractor you employ to carry out preparatory works before the works described in the Contract can start, we will describe this to you in writing and you must ensure these works are completed before the agreed start date. If they are not completed then we may adjust the contract price accordingly to compensate for this.
14 If you wish for a change to the contracted works we will endeavour to accommodate this providing it is technically possible, we have the necessary resources and the necessary permissions are in place. If we agree to this you must confirm this in writing within 14 days of first telling us and we will then adjust the price. If possible this will be done by prior written agreement, or if not then, by later written agreement, or if not then, by referring to any priced documents, or if not then by a reasonable amount for the work done or goods supplied.
15 If there is unexpected work due to site conditions or special circumstances beyond our control we will always tell you and ask how you wish us to proceed. The standard daily rate is £200.00 per person but please note we will always endeavour to keep this cost to a minimum.
16 Nothing herein contained should be deemed to limit or restrict your statutory or common law rights. If you require advice about your rights, please visit https://www.gov.uk/consumer-protection-rights.
17 It is hereby agreed and declared that this Agreement is neither a Hire Purchase Agreement or Credit Sale Agreement.
18 These Terms and Conditions are correct and valid at the time of going to print.
19 By signing the Contract overleaf you are declaring that you have read and understood these Terms and Conditions. If there is anything in this document you do not understand or require a further explanation of please contact us where we will be pleased to assist. Similarly, if you require these Terms and Conditions in a larger font, or to be read to you, please indicate and we will happily oblige.