19 Feb, 2018 07:34:53
Terms and Conditions
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1.1 'Conditions' means the conditions set out in this document and any additional conditions or special terms and conditions agreed in writing by Us.
1.2 'Order' means the order recorded in writing on an order form detailing the Goods and/or Services.
1.3 'Contract' means the contract for the sale of the Goods and/or the provision of Services.
1.4 'Delivery Date(s)' or 'Installation Date(s)' means the date(s) as set out in the Order or otherwise confirmed by Us or notified to You in writing when the Goods and/or Services are to be delivered/performed.
1.5 'Goods' means the items You agree to buy from Us as detailed in the Order or otherwise specified in writing.
1.6 'Price' means the price set out or calculated in accordance with the rate or charges detailed in the Order or otherwise specified in writing or (where no price has been quoted) a reasonable price including VAT.
1.7 'Services' means the services to be provided by Us as detailed in the Order or otherwise specified in writing.
1.8 'We' or 'Us' or 'Our' means Summer Garden and Leisure Buildings Limited a company registered in England and Wales. Our company registration number is 02281142. References to 'We' or 'Us' or 'Our' shall be deemed to include Our employees and agents (but not independent contractors).
1.9 'You' or 'Your' means the person firm or company who purchases or agrees to purchase the Goods and Services from Us.
2. OUR CONTRACT WITH YOU:
2.1 Please ensure that you read these Conditions carefully, and check that the details on the Order and these Conditions are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact Us immediately to discuss this. We will confirm any changes in writing, via email, to avoid any confusion between you and Us.
2.2 We recommend that You print out a copy of these Conditions (including our cancellation form which can be found here) using the print icon at the top of this page and retain them for Your future reference.
2.3 When You submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.4. In the unlikely event that We are unable to supply you with the Goods and/or Services, We shall contact you immediately and confirm this in writing and We will not process the Order.
2.4 These Conditions will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence.
2.5 We shall assign an order ID number to the Order and inform you of it when We confirm the Order. If You place an Order through our website You shall also be able to access details of Your Order using Your online account. Please quote the order number in all subsequent correspondence with Us relating to the Order.
3. CONDITIONS APPLICABLE:
3.1 The Conditions shall apply to the Contract to the exclusion of all other terms and conditions and no variation to these Conditions shall be binding unless agreed in writing by Our authorised representative. Furthermore, in entering into the Contract You acknowledge that You do not rely on any oral representations made by Us and that You waive any claim for breach of any such representations which are not subsequently confirmed in writing.
3.2 We may withdraw any quotation given at any time prior to acceptance by You and in any event any quotation shall lapse after 30 days.
3.3 Showroom samples displays brochures and photographs are intended as a general guide only and any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other documentation issued by Us shall be subject to correction by Us without any liability unless such correction shall fundamentally alter Your rights under the Contract to your disadvantage in which case You shall be entitled to cancel the Contract without any liability.
3.4 No variation to the details of the Order shall be deemed to be accepted by Us unless accepted in writing by Our authorized representative.
3.5 Where applicable the provisions of current consumer legislation shall apply and Your statutory rights under such legislation remain unaffected.
3.6 We reserve the right to make changes in the specification of the Goods and/or Services which are required to conform with any applicable safety or other statutory requirements or which do not materially affect their quality or performance.
4. APPROVALS AND CONSENTS:
4.1 Unless agreed by Us in writing it is Your responsibility to obtain all relevant and necessary approvals and consents including but not limited to any Party Wall Act matters deed of covenant or landlord approval and/or those required from local authorities in respect of building regulations planning permission alterations to listed buildings or alterations carried out in a conservation area and We shall not be liable for any delay in completion of the Contract arising from your failure or delay in obtaining any of the above approvals or consents. If You request that We obtain any such approvals or consents You agree that You shall be responsible for Our costs in so doing.
4.2 You acknowledge and agree that where We supply and/or install a building then unless agreed by Us in writing We shall not be responsible for ensuring the said supply and/or installation of the building is in accordance with or satisfies any building regulations.
5. DELIVERY AND INSTALLATION:
5.1 We shall give You reasonable notice of the Delivery Date(s)/Installation Date(s). Any dates quoted for delivery of the Goods and/or performance of the Services are approximate only (and assume no delays in payment, whereupon time shall not run for the purposes of this clause) and We shall not be liable for any reasonable delay in delivery/performance arising from any circumstances beyond our control or by failure by You to give adequate instructions or any other default by You.
5.2 You will permit Us to access the site where the Goods are to be delivered/Services are to be performed at all reasonable times between the hours of 8am and 6pm any Monday to Friday provided that We give You notice no later than the day before.
5.3 You agree to provide Us with full and proper address details sufficient to clearly identify the delivery address.
5.4 You agree to advise Us if there are any difficulties regarding access from the public highway to the address where the building will be delivered. You are also responsible for ensuring that access through the property is suitable bearing in mind the size of the building ordered. If the access is restricted reasonable additional charges may be payable or the building may be delivered and left for You to arrange installation without any reduction in the Price.
5.5 Where access to an adjoining property is required to allow completion of the Contract it shall be Your responsibility to arrange such access and We shall be entitled to assume such arrangements have been made unless You advise Us otherwise in writing.
5.6 You agree to allow Us to use Your property for the storage of material and equipment whilst work is being carried out. You should ensure that You have in place an appropriate household contents insurance policy to protect against theft or damage to any such material and/or equipment whilst work is being carried out. Where mains water and electricity are connected to the property You will provide access to these supplies to enable the work to be completed.
5.7 You agree to clearly indicate to Us the position required for any building including the position of any doors and windows otherwise We will not be liable for the cost of any subsequent relocation.
5.8 Unless agreed by Us in writing it is Your responsibility to prepare a suitable base for the building and to provide a clear working area including the removal of any shrubs plants trees telephone television or electrical cables or other similar obstructions If the base is unsuitable reasonable additional charges will be payable.
5.9 If You fail to take delivery of the Goods (otherwise than by reason of Our fault) and/or fail to permit the performance of the Services by the Delivery Date(s)/Installation Date(s) then without prejudice to any other right or remedy available to Us We may EITHER store the Goods until actual delivery and charge You for the reasonable costs (including transportation and insurance) of storage and charge You for all reasonable labour costs incurred by Us OR sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses and all other reasonable costs incurred by Us) account to You for the excess over the Price or charge You for any shortfall below the Price.
5.10 We shall be entitled to deliver the Goods (whether under this Contract or any other contract) by one or more instalments of any size and in any order although We shall endeavour to deliver the Goods/perform the Services at dates as close to each other as possible. Time is not of the essence for delivery and delivery shall not be deemed to have taken place until all instalments have been delivered to You. Where there has been a problem with any of the instalments this shall not repudiate the whole Contract.
5.11 If the Order includes installation We shall be liable for any delays or extra costs which may be incurred as a result of shortages or damage during delivery. If the Order does not include installation or if You expect an independent contractor to carry out the installation You are liable for inspecting the Goods and reporting shortages or damage during delivery prior to the commencement of work. No liability will be accepted for any delays or extra costs which may be incurred as a result of any failure to obtain replacement parts prior to the commencement of work.
Specification - General
6.1 Showroom samples displays brochures and photographs are intended as a general guide only and the disposition shape materials weights and particulars of the Goods and Services are subject to minor changes to reflect improvements and modifications or any alterations necessary to reflect the recommendations of any surveyor and such changes which do not materially effect the appearance or performance of the Goods and/or Services shall not be deemed as a change to the Contract specification.
6.2 We reserve the right to make minor changes to any of the quoted dimensions during the manufacturing process and You accept that all dimensions quoted are approximate. You hereby agree to notify Us clearly in writing at the time of order if You have any specific requirements regarding the dimensions. We reserve the right to make minor amendments to Your specification to assist with the manufacturing process.
6.3 You acknowledge and agree that the Contract specification shall reflect that where powder coated aluminium sealants gaskets paint glass plastic and timber products are used some visual change will occur with age due to the effects of sun and weather and on occasion some slight marks scratches faults and dents may be evident and some shrinkage or discolouration of gaskets and seals may be evident.
6.4 You acknowledge and agree that the Contract specification shall reflect that timber is a natural product and variation in the finished surface colour and grain is inevitable. With changes in climate and room temperature some movement will occur and You will need to maintain all exposed timber with a good quality sealant and/or preservative (full details are available on request).
6.5 You acknowledge and agree that the Contract specification shall reflect that where the Goods are comprised of numerous individual components supplied as a kit some shortages may occur. It can be the nature of such kits that errors may occur with the packing of the Goods. You hereby agree to notify Us immediately of any such shortage or error and to provide Us with the opportunity to replace within a reasonable time frame any missing parts as necessary.
6.6 Unless agreed in writing We will not be responsible for moving or altering of any gas supplies electrical plumbing television satellite telephone installations furniture or other obstructions. You shall be responsible for making appropriate arrangements prior to the Delivery Date(s)/Installation Date(s).
Specification - Bespoke and Made to Measure
6.7 Where You require the Goods and/or Services to comply with a particular specification You shall supply Us with such specification at the time of placing the Order. Please note that We shall make the Goods according to the measurements you provide Us and You should ensure your measurements are correct and accurate.
6.8 It can be the nature of bespoke and made-to-measure goods that unforeseen issues may arise in the production of the Goods owing to the non-standard nature of the Goods. You hereby agree that We are entitled to have a reasonable opportunity (but not an obligation) to remedy or rectify any unforeseen defect that may arise in bespoke or made-to-measure Goods.
6.9 Once We have begun the production or manufacture of Your bespoke Goods You right to cancel will be lost. Furthermore We cannot accept the return or provide You with a refund of made-to-measure Goods for any reason other than if the Goods are faulty or not as described. Your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described remain unaffected. Advice about your legal rights is available at your local Citizen's Advice Bureau or Trading Standards office.
7. PRICE AND PAYMENT:
7.1 Subject to any special terms agreed in writing between Us and You the Price must be paid in full at the time of the order or if a lower deposit is accepted, the balance of the Price must be paid at least 14 days prior to the anticipated delivery date.
7.2 You shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of any sum due.
7.3 We shall be entitled to increase the Price to take into account any increase in the cost which is a result of any change in specification of the Goods and/or Services which is required by You or a result of any delay caused by any instructions by You or failure by You to give Us adequate information or instructions or in consequence of any default by You.
7.4 If You fail to make payment by the dates due then without prejudice to any other right or remedy available to Us We shall be entitled to EITHER cancel the Contract and/or suspend any further deliveries of the Goods to You or performance of the Services (whether under this Contract or any other contract with You) AND/OR charge You interest at the rate of 3% per annum above Barclays Bank Plc base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
8. WARRANTIES GUARANTEES AND LIABILITIES:
8.1 We warrant that the Goods and Services will conform to the Contract specification and the Services will be carried out with reasonable skill and care.
8.2 Except as specified in clause 8.1 no warranty or guarantee will apply to the Contract unless agreed in writing by Us.
8.3 Any warranty or guarantee given by Us in respect of the Goods and/or Services shall be subject to the condition that We shall be under no liability in respect of any defects in the Goods and/or Services arising from any drawing design or specification supplied by You
8.4 Any warranty or guarantee given by Us in respect of the Goods and/or Services shall be subject to the conditions that We shall be under no liability under any warranty condition or guarantee if the Price has not been paid.
8.5 If your Order includes installation Our obligation for breach of the warranties set out above shall be at Our option to replace or repair any defective products comprised in the Goods and/or remedy any defects in connection with the Services.
8.6 We cannot accept any liability for the cost of any repairs to a defective product unless adequate opportunity is given to Us to carry out any necessary remedial work.
8.7 We shall not be liable for any defects injury loss or damage resulting from Your negligence or arising from lack of proper maintenance and improper use accidents unauthorised alterations or faulty workmanship on the part of others (excepting Our agents or employees but not any independent contractors) except that nothing in these Conditions is intended to nor shall it limit any liability on Our part in respect of death or personal injury caused by Our negligence. For the avoidance of doubt, We shall not be liable for any defects injury loss or damage caused by independent contractors recommended or referred to You by Us.
8.8 We will make good any damage to your property caused by Us in the course of installation or performance of the Services. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us. We are also not responsible for any damage to Your property caused by independent contractors.
8.9 You accept that items may become damaged during their delivery to You. You hereby agree to notify Us immediately of any such damage or defect and to provide Us with the opportunity to replace within a reasonable time frame any damaged parts as necessary.
8.10 Our liability (except as provided above) for any delay in performing or any failure to perform any of Our obligations in relation to the Goods and/or Services shall be limited to the excess (if any) of the cost to You in the cheapest available market for similar goods or services over the Price to replace those not delivered/performed.
8.11 If either You or We are in breach of the arrangements under this Contract neither of us will be responsible for any losses that the other suffers except those losses which are a foreseeable consequence of the breach.
8.12 We will pass onto You the full benefit of any manufacturer's or supplier's guarantee available in respect of the Goods and/or Services. In the event that a manufacturer or supplier ceases trading We shall not be liable for the unexpired part of any manufacturer's or supplier's guarantee.
8.13 You shall be responsible for Our reasonable charges in connection with any inspection carried out by Us at Your request following the report of any alleged defect by You except in circumstances where We are liable under any warranty or guarantee given by Us.
8.14 Where You are dealing as a consumer Your statutory rights are not affected by these Conditions.
8.15 We guarantee to repair where we deem at Our absolute discretion it to be practicable and appropriate (and if not to replace) any faulty structural component which has developed a significant fault due to defective materials or workmanship supplied by Us (but not independent contractors) during any guarantee period.
8.16 You must notify Us of any claim under the terms of any guarantee within 28 days of discovery of the fault (in the interest of certainty We recommend that any such claim is sent by recorded delivery to Customer Service Department, Summer Hot Tubs, Liberator House, Bidwell Road, Rackheath Industrial Estate, Rackheath, Norwich, Norfolk, NR13 6PT).
8.17 Any guarantee given does not extend to electrical non-structural or specialist items installed where the manufacturer's normal guarantee would apply, or to any work carried out or affected by work carried out by third parties other than Our employees or agents.
8.18 Any hermetically sealed double glazing units supplied and installed by Us which are covered by a guarantee will be guaranteed if a unit develops faults (including the incidence of condensation between the panes of the sealed units) during the guarantee period. However, no guarantee is given otherwise concerning the incidence, prevention or elimination of condensation.
8.19 We cannot and do not under any circumstances guarantee a specific delivery date or time or the specific date or time for the commencement or completion of any installation work.
9. CANCELLATION AND RETURNS:
Cancellation by You
9.1 In the event You wish to cancel this Contract You shall inform Us as soon as possible by giving notice in writing to Us at Summer Hot Tubs, Liberator House, Bidwell Road, Rackheath Industrial Estate, Rackheath, Norwich, Norfolk, NR13 6PT. In the interest of certainty We recommend that any cancellation notice is sent by recorded delivery. Any monies paid by You will be refunded (without interest). If We have already provided Services to You such as any installation service or providing an introduction to installers or base layers Your refund will be less the sum for any such Services provided by Us.
9.2 IF YOU ARE A CONSUMER and if the Goods are ordered at a distance You have the right to cancel the Contract for Goods and/or Services up to 14 days after the Delivery Date. Please however note the following conditions carefully:
9.2.1 If you cancel this Contract, We will reimburse to You all payments received from You, subject to the following conditions:
a) if You are returning an item to Us owing to a fault or defect in the Goods We shall offer to replace the Goods or We shall reimburse You with the purchase price including the cost of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by Us).
b) if You are returning an item to Us owing to any other reason than listed above We shall reimburse You with the purchase price excluding any cost of Our collection of the Goods which You hereby agree to bear.
9.2.2 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day We receive back from You any Goods supplied, or
(b) (if earlier) 14 days after the day You provide evidence that You have returned the Goods.
9.2.3 We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise. We may however withhold the reimbursement until We have received the Goods back or You have supplied evidence of the Goods being received by Us, whichever is the earliest.
9.2.4 We may at Our sole discretion choose to make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of handling by You other than which is necessary to establish the nature characteristics and functioning of the Goods or as a result of any damage to the Goods caused by You in returning them to Us (it shall be Your responsibility to take reasonable care of the Goods including the packaging prior to collection and while in transit until such time as the Goods have been received and accepted by Us).
9.2.5 We may at Our sole discretion choose to make a deduction from the reimbursement for the cost of any installation work carried out prior to Your cancellation of the Order.
9.2.6 You shall send back the Goods to Us at Liberator House, Bidwell Road, Rackheath Industrial Estate, Rackheath, Norwich, Norfolk, NR13 6PT, without undue delay and in any event not later than 14 days from the day on which You communicate Your cancellation from this Contract to us. Please also note that You will have to bear the direct cost of returning the Goods.
9.2.7 In the case that We produce for You made-to-measure Goods or Goods that are bespoke to Your requirements, You will not be able to cancel an Order once the Goods are made.
9.3 IF YOU ARE A CONSUMER you have the right to cancel the Contract for Goods and/or Services up to 30 days after the Delivery Date if a product We supply does not conform to the Contract specification or within 6 months if any defect cannot be repaired or rectified. If You exercise this option You must allow Us to collect the Goods at any reasonable time with notice.
9.4 To exercise Your right to cancel as a consumer, You must inform Us of Your decision to cancel this Contract by a clear statement (e.g. a letter sent by post or fax). You may use the model cancellation form that can be found here however this is not obligatory.
9.5 In the case that You cancel an Order after We provide You with contact details for fitters or base layers, an administration fee will be deducted from any refund which may be due.
9.6 If You are not a consumer You shall not be entitled to cancel the Contract once made unless We agree in writing and upon terms that You pay Us in full respect of any loss (including loss of profits) costs (including the cost of any labour or materials) damages charges and expenses incurred by Us.
Cancellation by Us
9.7 In the event that EITHER You make any voluntary arrangement with Your creditors or become subject to an administration order or (being an individual or a firm) become bankrupt or go into liquidation OR an encumbrancer takes possession or a receiver is appointed of any of Your property or assets then Without prejudice to any other right or remedy available to Us We shall be entitled to cancel the Contract or suspend any further deliveries or performance under the Contract without any liability on Our part to You (and if goods and materials are in transit We shall be entitled to stop those goods and materials and if the goods have been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary).
10. TITLE AND RISK:
10.1 As soon as We have delivered the Goods You will be responsible for them. If you delay a delivery Our responsibility for everything other than damage due to Our negligence will end on the date We agree to deliver them as set out in the Contract.
10.2 After We have delivered the Goods We shall not be liable for any loss or damage resulting from an insurable risk including theft wind damage accident or malicious damage.
10.3 Notwithstanding delivery and the passing of risk in the Goods or any provision of these Conditions property in the Goods shall not pass to You until We receive in actual cleared funds payment in full of the Price and the price of all other goods agreed to be sold by Us to You for which payment is then due.
10.4 Until such time as the property in the Goods passes to You We shall be entitled at any time to require You to deliver up the Goods to Us.
11. FORCE MAJEURE:
Neither of us shall be liable for any delay in performing or failure to perform due to any act of God war strikes lock-out industrial action fire flood drought tempest or any other event beyond our reasonable control. Such delay or failure will not constitute a breach of this Contract and time for the performance of the effected obligations will be extended by such period as is reasonable.
12.1 If any provisions 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 provisions in question shall not be affected thereby.
12.2 Any notice given under this Contract by You must be given in writing and delivered to Our principal place of business at Summer Hot Tubs, Liberator House, Bidwell Road, Rackheath Industrial Estate, Rackheath, Norwich, Norfolk, NR13 6PT. We reserve the right and You hereby agree that We shall be able to issue notices to You under this Contract by post or email.
12.3 Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any terms of this Contract.
12.4 No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or other provision.
12.5 You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. Details of this service can be found at ec.europa.eu/consumers/odr/
12.6 This Contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.
Summer Hot Tubs is a trading name of Summer Garden and Leisure Buildings Limited, a company registered in England and Wales since 27th July 1988. Registration number 2281142. Registered office Towlers Court, 30a Elm Hill, Norwich, NR3 1HG.