1. Name of supplier: Hawley Garden Centre and Nursery Limited (company registration number 1578732 whose registered office is at Hawley Garden Centre, Hawley Road, Dartford, Kent DA27RB (‘we’ or ‘us’ in these terms and conditions) shall be supplying the portable buildings (goods)
2. Terms prevall: All sales of goods by us shall be subject to these terms and conditions supersede any terms or conditions imposed by you.
3. What is to be provided to you by us
3.1 We and you have agreed that we will supply the goods described on your order form or our estimate as the case may be. If you submit an order to us, please note that this shall not constitute a binding contract until we have acknowledged your order and confirmed acceptance.
3.2 Each order by you shall be considered a separate contract and failure in respect of one order shall not affect the performance of any other contract.
4 Your obligations
4.1 You may need to obtain Planning or Building Regulations approval before your building can be installed. We will be happy to arrange help with the application, and to provide plans as necessary. Although we offer an opinion as to weather approvals are necessary. IT IS YOUR RESPONSIBILITY TO CHECK WEATHER PERMISSION IS NECESSARY AND TO ARRANGE ANY PERMISSIONS THAT MAY BE REQUIRED. (A simple call to your local authority will usually determine this)
4.2 You are responsible to and must prepare a suitable base for the building. The base must be flat, level and square. Concrete or timber bearers can be used to level up your base up to 3” (75MM). We shall not be responsible for any damage or defects arising to the goods as a result of a failure to provide an appropriate base.
5. Price (and VAT)
The price for the items is as stated in our estimate (inclusive of VAT) or if different in our acceptance of your order. Estimates are normally valid for a period of 60 days from the date they are given.
6. When payment is to be made
6.1 Unless otherwise agreed, you will need to pay a deposit of 50% of the total price of the goods at the time you place your order. The balance of payment will be required prior to delivery. Please note that we will not be able to deliver the goods until we have received payment (and this means that where you have paid by cheque or by credit or debit card, the funds have reached our bank account)
6.2 Where you are an account holder or we allow to you credit terms:
6.2.1 All credit limits on credit accounts are subject to review and may be adjusted at our discretion from time to time.
6.2.2 All goods purchased on account must be paid for during the month following the month of delivery.
6.3 We reserve the right to charge interest on all overdue sums at a rate of 3% above the base rate of the Bank of England from time to time in force.
7.1 We normally deliver on a 3.5 tonne flat bed truck. 7’ (2.1m) wide x 17’ 6” (5.4m) long. If you think we will have difficulty in getting close to your site with it, please tell us.
7.2 Unless otherwise specified when you are ordering, our price includes for delivery about 23 metres (25 yds) from where we can park our truck to the base, over reasonably flat and firm ground. If there are special difficulties at your site, please tell us. As long as you have told us in advance, we do not usually charge extra for a more difficult delivery, although reserve the right to do so. If we are unable to deliver and you did not warn us of any special difficulty, we will make a re-delivery charge of up to £75.00 plus VAT.
7.3 If we can gain access to your site, it is not necessary for you to be in at the time of delivery, though full payment will be required prior to us leaving the site. In cases of very difficult access, we may leave the building components in the nearest practical position rather than return to our yard. If you or your representatives are not in attendance a detailed sketch must be left showing the exact position and layout of your building in relation to the site conditions. Once buildings are installed, generally they cannot be easily moved or repositioned without dismantling them. If you require us to do reposition or dismantle we will do so but this will be an additional cost to you.
7.4 Please bear in mind that not all building sections will fit through a standard doorway or go around corners. Please check site access if you are unsure. If we need to carry sections through your house or garage we cannot be held responsible for any damage during this process.
7.5 We will notify you when we are ready to deliver the goods. If you wish us to delay delivery beyond the agreed delivery date, we will hold the goods for you for up to 6 weeks from the agreed date of delivery without storage charges. Thereafter we reserve the right to charge storage charges and/or resell the goods.
8 When delivery will be made
8.1 Our aim is to deliver the goods within the timescales that we specify when you submit your order. It will not always be possible to do this, but where it is not possible to do so, we shall deliver within a reasonable time of the estimated delivery date. All our delivery and installation times are estimates and time for delivery is not of the essence. For a standard building, delivery time is normally three to four weeks from your order and payment of any required deposit, although delivery period can vary seasonally.
9. Cancellation rights
9.1 You may need to cancel your order, for any reason, as long as you tell us at least seven days before the estimated delivery date. We will refund all payments you have made to us (deposit or balance). Less a £50.00 plus VAT administration charges. This right of cancellation does not include buildings which are being specifically manufactured or built to your specification, which cannot be cancelled once manufacturing begins.
9.2 If you cancel your order less than seven days before the estimated date of delivery, we will make a charge of 15% the total price to cover our handling/stocking costs and we will refund the remainder of any payment that you have made to us.
9.3 To cancel the contract you will need to send a letter to us. You can send the letter by post, email of facsimile or by personal delivery. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means specified.
10. Contact details
10.1 Our address is Hawley Garden Centre & Nursery Limited, Hawley Road, Hawley, Dartford, Kent, DA2 7RB
We provide the following guarantee for the product(s) that you have ordered from us (other than the cottage range of timber buildings) we guarantee that the product will be free from any structural or material defects for 12 months from the date of purchase. If the product has a defect within this period, you can choose whether to have it replaced or repaired, subject to the following sentence. If the defect is minor in our reasonable opinion, and you have selected to have the product replaced, we reserve the right to repair the item instead of replacing it. Your statutory rights are not affected by this guarantee.
12 Ownership of goods
12.1 Title of the goods shall not pass until:
12.1.1 The agreed contract price and;
12.1.2 All sums due to us under any contract with you have been paid in full.
13 Limitation of liability
13.1 If the goods we deliver are not what you ordered, are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contract address of the problem. We would normally expect that you would tell us within 10 working days of the delivery of the goods in question.
13.2 If you do not receive goods ordered by you within 10 days of the agreed delivery date, we shall normally have no liability to you unless you notify us in writing at our contact address of the problem.
13.3 If you notify a problem to us under this condition, our only obligation will be at your option:
13.3.1 To make good any shortage or non delivery.
13.3.2 To replace or repair any goods that is damaged or defected.
13.1.3 To refund to you the amount paid by you for the goods in question in whatever way we choose.
13.4 Save us precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses. (including loss of profits, business or good will) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as per clause is 13.3.3 above.
13.5 In no circumstances shall we be responsible for loss, damage or delay due to shortage of materials or services arising from circumstances beyond our control or from industrial disputes, transport delays, accident, plant failure or from any other contingency (whether or not of the same nature as the foregoing) arising from circumstances beyond our reasonable control.
13.6 You must observe and comply with all applicable regulations and legislation.
13.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
14. Entire agreement
These terms and conditions set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson, agent, employee, director or any other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
If any parts of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
16 Law and jurisdiction
The validity, construction and performance of this contract shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
17 Third parties
For the purpose of the contracts (Rights of Third Parties) Act 1999 this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.