Terms & Conditions
Definitions and Interpretation
- Agreement: The Sales Order Form, Site Survey Form, and these Terms.
- Company: Essex Garden Studios Ltd, 16 Greenfield Houses, Birch, Colchester CO2 0NJ.
- Customer: The individual, firm, or company purchasing a garden room from the Company.
- Installation Site: The site specified for installation.
- Garden Room: The structure specified in the Sales Order Form (excluding optional extras).
- Structural Elements: Floor, roof, and external walls.
- Optional Extras: Third-party supplied extras listed in the Sales Order Form.
- Sales Order Form: The document signed by the Customer confirming acceptance of these Terms.
1. Basis of Sale
1.1 The Company will sell the garden room subject to these Terms.
1.2 The Agreement constitutes the entire understanding between the parties.
1.3 The Company is not liable for any verbal advice not confirmed in writing.
1.4 The Company may correct typographical or clerical errors without liability.
1.5 References to statutes include amendments or re-enactments.
1.6 Headings are for convenience only.
1.7 If more than one person is the Customer, obligations are joint and several.
2. Orders
2.1 Sales Order Forms are accepted upon signature and deposit payment.
2.2 Cancellations or deferrals require written agreement and reimbursement of incurred costs.
3. Customer Warranties
The Customer warrants that:
- The Company will have unrestricted access to electricity.
- The installation site is sound, level, and free from obstructions.
- Required permissions (e.g., mortgage, planning) have been obtained.
- The site has not been subject to subsidence, landslip, or land-heave.
- The installation does not violate regulations.
4. Installation
4.1 The Company will install the garden room at the property unless otherwise agreed.
4.2 The Customer must confirm the build location when the base is constructed.
4.3 Installation dates are approximate and subject to confirmation.
4.4 Charges apply for cancellation of optional upgrades after confirmation.
4.5 The Company will make good any damage caused.
5. Planning Permission
5.1 The Customer is responsible for ensuring planning permission is not required.
5.2 Customers in conservation areas should check local authority restrictions.
5.3 Holding deposits are non-refundable if 3D CAD documents have been provided.
6. Work on Site
6.1 The Customer must prepare the site as per the Sales Order Form and Site Survey.
6.2 The Customer must provide parking permits and access to electricity and water.
6.3 Sites must be level with correct drainage and sufficient clearance.
6.4 Failure to prepare the site may result in additional charges or cancellation.
7. Electrical Works
7.1 A Part P certificate is provided only when the full external connection is completed by the Company.
7.2 The Customer is responsible for ensuring existing electrical cables are suitable.
7.3 The Company may refuse to complete work if the power source is unsuitable.
8. Company Warranty
8.1 The Company provides a 10-year structural warranty from the purchase date.
8.2 If defects arise, the Company may repair, replace, or refund the purchase price.
8.3 The warranty does not cover damage due to Customer breaches or external ground movement.
9. Customer Guarantee
- 10 Years: Structural elements (rot and corrosion).
- 3 Years: Double glazing, door/window hinges and locks, and external decking.
- 1 Year: Fascias, internal linings, floor covering, blinds, electrical installations, and network connections.
- Any structural alteration made by the Customer voids the guarantee.
10. Plastered Buildings
10.1 Cracks up to 2mm are considered normal and not covered under guarantee.
10.2 Customers must ensure ventilation during the plaster drying process.
11. Ventilation
11.1 The Company advises that all buildings have at least one opening window.
11.2 Customers using the room as a gym must ensure proper ventilation.
12. Ground, Roof, Gutter, and Maintenance
12.1 The Customer must keep areas around the building clear.
12.2 Gutters and roofs must be cleaned at least twice a year.
12.3 Failure to maintain the building may invalidate the guarantee.
13. Alteration in Specification
The Company reserves the right to make non-material changes to the garden room specification.
14. Property and Risk
14.1 Risk passes to the Customer upon handover.
14.2 Ownership remains with the Company until full payment is received.
15. Price and Payment Terms
15.1 Prices include VAT unless otherwise stated.
15.2 Quotes are valid for 15 days.
15.3 A holding deposit is required upon placing the order.
15.4 35 days before installation, the balance of the deposit (50%) is required.
15.5 Stage payments must be made as agreed in the Sales Order Form.
15.6 The final balance is due before completion and handover.
16. Failure to Make Payment
16.1 Late payments incur 10% interest above Lloyds Bank base rate.
16.2 If full payment is not received, the Company may remove the garden room at the Customer’s cost.
17. Cancellations
17.1 As garden rooms are made-to-order, they are exempt from cancellation rights.
17.2 If the Customer cancels, they must reimburse costs incurred by the Company.
17.3 The Company reserves the right to cancel an order and issue a full refund.
18. Enforceability and Severability
If any term is found illegal or unenforceable, the remaining terms remain valid.
19. Assignment
19.1 The Customer may not transfer the agreement without written consent.
19.2 The Company may assign the agreement.
20. Damages
The Company is not liable for indirect loss or damage.
21. Force Majeure
The Company is not liable for failure to perform due to circumstances beyond its control.
22. Insolvency
If the Customer becomes insolvent, the Company may terminate the Agreement.
23. Notices
Notices must be sent in writing to the last known address.
24. Waiver
No delay in enforcing rights shall be considered a waiver.
25. Governing Law
This Agreement is governed by the laws of England and Wales, with disputes subject to English courts.
