1. 1 Interpretation In these Terms and Conditions the following expressions will have the following meanings unless inconsistent with anything specified in the Order Form issued by Superior Garden Buildings following receipt of your order.
1.1. “Company”, “we”, “us”, “our” means Superior Garden Buildings, Ipswich Road, Tasburgh, Norwich, NR151NS.
1.2. “Customer”, “you”, “your” means the person or business placing an order for Goods and whose order for the Goods is accepted by the Company.
1.3. “Goods” means any Goods which we supply to you (including any part of the Goods) under these Terms and Conditions.
1.4. “Site Preparation” means preparation of the site to provide a flat, level, concrete square base with an area, depth, strength and durability adequate to support the Goods.
2. Site Preparation & Planning Approval
2.1 You are responsible for Site Preparation prior to the Goods being delivered and installed (where applicable)
2.2 You must obtain all relevant planning permissions, building regulations, consents and other necessary approvals at your own expense and risk before we can install the Goods. We will be able to guide you as to whether building consent is required and assist you with the application process if required.
3.1 Delivery of Goods shall be made to the address set out on your order form.
3.2 The price of the Goods shall include delivery within Norfolk and Suffolk (unless otherwise specified) and is valid for a period of up to 6 months from the date on the Order Form. Delivery time typically ranges from 4 – 12 weeks and usually no longer than 14 weeks for bespoke buildings. Delivery periods can vary according to season and all delivery times are estimates.
3.3 We will advise you of an approximate delivery date upon receipt of your order. We will only deliver the Goods upon receipt of cleared funds of the full balance unless otherwise agreed. We reserve the right not to dispatch any Goods not paid for in full.
3.4 You must advise us as soon as possible of any difficulties that may arise on delivery including any difficulties in accessing the site. There will be an additional charge for difficult and restricted access deliveries unless reasonable prior notice is given to us.
3.5 We will not carry the Goods through a house or outbuildings to deliver and/or install them.
3.6 In circumstances where access is restricted or base is not acceptable, goods will either be left on site or taken back to our premises until rectifications have been made to allow access or prepare ground works to an acceptable state. Goods shall be at your risk following any such delivery.
3.7 Any failed or abortive delivery of the Goods which are caused by you not providing adequate access or flat and level base to size of building ordered will attract a return delivery charge of up to £720.00 which is calculated as a proportion of the delivery cost and labour time.
4. Installation by Us
Where we have agreed to install the Goods:
4.1 We will advise you by telephone or email of the date of the Goods will installed.
4.2 You do not need to be present while we install the Goods provided that the appropriate Site Preparation has been carried out and that you have provided written confirmation of the positioning of the Goods.
4.3 If your base is larger than the minimum size/dimensions advised to you by us for installation of the Goods, we require you to be present on site to advise our installation team where you require the Goods to be installed.
4.4 You will be responsible for the costs of the re-sitting the Goods if the base is not prepared and laid with the correct dimensions and the installation team are unable to install the goods.
4.5 We reserve the right to make an abortive visit charge of up to £720.00 if we are unable to install the Goods on the base because the Site Preparation is incomplete or defective or the site is not the correct size. The abortive visit charge is calculated on the basis of the wasted time and travel incurred by the installation team who are unable to install the Goods.
4.6 In cases where an Electric Pack is purchased, we will install first fix cabling, sockets, lights and a consumer unit, leaving a ‘dead connection’. Electrical hook up to mains power is not included.
5. Risk and Property
5.1 Risk in the Goods will pass to you once the Goods are delivered. Until you own the Goods, you must insure the Goods for their full value from delivery.
5.2 Notwithstanding risk in the Goods passing when delivered, you will only own the Goods once you have paid us the full price of the Goods and (if applicable) installation, together with any other amount you may owe us for the delivery charges.
6.1 As Superior Garden Buildings are bespoke to the customer’s specifications a non-refundable deposit is required before we commence manufacture of your order.
6.2 Subject to 6.3 orders cancelled will be subject to an additional cancellation charge equal to the unavoidable costs incurred by us to the date of cancellation, not covered by the initial deposit received. These charges are to reimburse us for the abortive costs incurred in meeting your order.
6.3 To exercise your right of cancellation, you must give written notice to us by letter or email quoting your Order Number.
7.1 WE ARE NOT LIABLE FOR ANY DEATH, LOSS OR INJURY SUSTAINED DURING OR AFTER THE DELIVERY OF OR INSTALLATION OF THE GOODS UNLESS SUCH DEATHS, LOSS OR INJURY IS DUE TO OUR NEGLIGENCE OR BREACH OF THESE TERMS AND CONDITIONS.
7.2 If we or you choose not to rely on any of our or your rights under these terms and conditions, this does not affect our or your liability to rely on these same rights in the future.
7.3 Each clause of these terms and conditions is to be treated separately and the unenforceability of any single term or condition shall not affect the remaining terms and conditions, which shall remain in full force and effect.
7.4 The Company provides a 1 year cladding material guarantee and a 1 year structural guarantee for 45x45mm framework and a 2 year structural guarantee for 75x45mm framework from the date of purchase.
7.5 We may assign this contract for the supply and installation of the Goods between you and us at any time and may subcontract our responsibility for fulfilling any of our obligations under these terms and conditions at any time.
7.6 No one else shall be able to enforce any of the terms and conditions set out in these terms and conditions.
7.7 If we are unable to supply the Goods, we may offer substitute Goods but in this case we will only proceed with your order if you have consented to the substitution prior to dispatch.
7.8 Any notice required to be given under these terms and conditions shall be in writing. You shall send any notice to Superior Garden Buildings, Ipswich Road, Tasburgh, NR15 1NS. We will send notices to the address which you have provided on your order.
7.9 The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions will be governed by English law and any dispute in respect of the contract or any other matter arising in connection with it shall be subject to the exclusive jurisdiction of the Courts of England & Wales.
7.10 You may have other rights granted to you by law in addition to those set out in these terms and conditions. These terms and conditions do not affect those other rights granted by law.
8. DATA PROTECTION ACT 1998
8.1 The personal information supplied by you on your order form will be used for internal record keeping to enable us to process your order. Where your permission has been given, we may use your details to send you information about similar products of interest, and customer satisfaction questionnaires from Superior Garden Buildings.