Terms of service.
1. Definitions
1.1. The “Company” is Cozy Garden Studios.
1.2. The “Customer” is the person(s), firm or company who purchases a Cozy Garden Studio or service from the Company.
1.3. “Cozy Garden Studio” or the “Product” or the “Building” or the “Garden Studio” are interchangeable and all describe an insulated timber structure built according to the specification described in the Order Acceptance document.
1.4. The “Site” is the location specified by the Customer for the installation of the Cozy Garden Studio.
1.5. “Order Quote” is the initial quote for the Cozy Garden Studio excluding any extras or agreed specification changes.
1.6. “Order Acceptance” Is the order confirmation which includes all extras and options and is issued to the customer following receipt of the required deposit and order form.
1.7. The “Order Form” is a document to be signed, either physically or electronically, confirming acceptance of these terms and conditions.
1.8. “Installation Date” or the “Date of Installation” are interchangeable and mean the date the company will commence building works on Site, this may include foundation or electrical works which may commence up to 2 weeks prior to installation of the Building.
1.9. “Total Price” is the price including VAT of all products, services, and optional extras.
2. Application of Terms and Conditions
2.1. The customer agrees that this Agreement constitutes the entire understanding between the parties.
2.2. The Company reserves the right to amend these terms and conditions at any time.
2.3. No variations of these terms and conditions shall apply unless agreed by the Company in writing and signed by a duly authorised representative.
2.4. Any error or omission in the Order Form, Order Acceptance, Order Quote or any other document issued by the Company shall be subject to correction without any liability on the part of the Company.
2.5. If any part of this Agreement is declared unenforceable or invalid, the remainder of the Agreement will continue to be valid and enforceable.
2.6. The Agreement shall in all respects be governed by and operated as an English contract of law and any dispute arising out of it shall be referred to the English courts.
2.7. In these terms where two or more individuals are included in the expression of the “Customer” any obligation provided by them shall be deemed to be made by such persons jointly and severally.
2.8. The use of capitalisation or lower case does not affect the interpretation of the terms.
3. The Product
3.1. The Company reserves the right to make any changes in the specifications of the Cozy Garden Studio at any time which do not materially change their quality or functionality or where that change in specification is required to conform to any applicable safety or statutory requirements.
3.2. The Company will endeavour to inform the Customer when any material changes to specifications are made.
3.3. The Company website, brochure and drawings serve as a guide only and do not form part of any contract.
3.4. All measurements are approximate and subject to reasonable levels of tolerance
4. Pricing
4.1. All prices are inclusive of VAT at the prevailing rate at date of receipt of deposit.
4.2. All prices are valid for 30 days from the Order Quote. Any orders placed after this 30 day period are subject to change.
4.3. In the event the customer wishes to amend the agreed installation date by more than 30 days the company reserves the right to amend prices.
4.4. The price for any agreed optional extras or upgrades will be set in the Order Acceptance.
5. Payments
5.1. A payment of 30% is payable upon placing the order.
5.2. A further payment of 30% of the Total Price will be due on the Installation Date, prior to the Garden Studio being unloaded on site.
5.3. A further payment of 30% of the Total Price is due strictly on or before the final day of installation.
5.4. Final 10% payment of the outstanding balance is due strictly on the final day of the Plasterer or Electrician finishing they’re works, the Garden Studio is completely finished and handed over the customer.
5.5. All payments must be made by bank transfer and received by the Company in cleared funds by the dates stated.
5.6. In the event the Customer fails to make payment on the date payment is due the Company shall be entitled to charge the Customer interest at 10% per annum above the Bank of England’s base rate from the date the payment was due.
5.7. Notwithstanding Clause 5.6 in the event the Customer fails to make payment on the date payment is due the Company shall be entitled to terminate this Agreement serving not less than 72 hours notice. The Company shall be entitled to remove the Garden Office, all tools and equipment owned by the Company and its agent or contractors, all components and all finished or unfinished works from the Site. The Company shall be entitled to unrestricted access to the Site to enable the recovery of all items and access to the Customer’s property in order to disconnect any electrical supply. In the event the Company enacts this Clause the Customer shall pay a removal charge of £3,500 inclusive of VAT.
6. Cancellations
6.1. As all products and optional extras are made-to-order, to customer specifications, they are exempt from cancellation rights.
6.2. The Customer may cancel an order and receive a full refund up to 60 days before the scheduled Installation Date.
6.3. If the Customer wishes to cancel an order between 21 days and 56 days prior to the Installation Date a charge of 40% of the Total Price will be due.
6.4. If the Customer wishes to cancel an order less than 21 days prior to the Installation Date then 60% of the Total Price will be due.
6.5. If the Customer wishes to cancel an order on or after the Installation Date then the Total Price will be due and no refund offered.
6.6. The Company reserves the right to cancel an order at any time, for any reason. In the event the Company cancels an order a full refund will be given to the Customer within 14 days of the cancellation date.
6.7. All goods remain the property of the Company until the final payment has been received in cleared funds which equates to the Total Price.
7. Customer Warranties
The Customer warrants that;
7.1. It is the proprietor of the property and or Site.
7.2. It has obtained all required permissions, consents and agreements for the installation of the Cozy Garden Studio including (without limitation)
7.2.1. Consent from any mortgagee or charge of the property
7.2.2. Consent or planning permission from any local authority or public authority
7.2.3. The installation of the Cozy Garden Studio does not contravene any planning regulation or legislation
7.2.4. The Site and curtilage have not been subject to or has the potential for; subsidence, landslip or land-heave and in the event of doubt has undertaken appropriate ground and mining surveys to report on the suitability and stability of the Site.
7.3. The Company will have unrestricted access to an adequate supply of electricity and water at all times during the installation at the Site.
7.4. The Company will be granted suitable access to the property and Site at all times until full payment of the Total Price has been made.
7.5. The Site is accessible and free from any dangers or hazards. In particular the Site is sound, level and free from any obstructions either above or below ground to a depth of 2m.
7.6. It will grant permission for access of a toilet on the property for the sole use of the employees and agents of the Company during the Installation Dates and until the completion of works.
7.7. It will grant permission for the temporary siting, on its property, of a general building waste repository (for example skip or skip bag) from 5 days prior to the Installation Date and up to 14 days after the completion of works.
7.8. It will provide all necessary parking permits access and permissions in advance of the Installation Date.
7.9. There is a minimum of 500mm clearance around all the external dimensions of the Cozy Garden Studios Site. The Customer agrees at all times to keep the Company indemnified against all claims, costs, demands, and liabilities arising as a result of the Customer breach of any warranty in this Clause 7 including without limitation the costs incurred by the Company as a result of any delay whilst any consents, permissions or agreements are obtained. In the event these are not obtained charges under Clause 6 shall apply in addition to the terms of Clause 7.
8. Installation
8.1. The Cozy Garden Studio will be installed by the Company, and that installation will include all elements described in the Order Acceptance document.
8.2. The Installation date as specified in the Order Acceptance is approximate and subject to change by the Company. The Company will use reasonable endeavours to reschedule as close to the original Installation Date as possible, however, this may be up to a period of 3 months.
8.3. The Company shall not be liable for any loss, costs, damages charges or expenses incurred directly or indirectly by any delay or change to the Installation Date, nor will the delay in the Installation Date entitle the Customer to terminate or rescind the Agreement.
8.4. The Company will not guarantee to complete the installation of the building by any specified date or time.
8.5. The Company shall use reasonable endeavours not to cause damage to the Customer’s property or landscaping but cannot be held liable for unavoidable damage caused by the installation team.
8.6. The Company will not deliver or install products through domestic buildings, over fences, hedges, boundaries or any obstruction without prior consultation and written agreement.
8.7. The Company will not install materials, fittings, or appliances supplied by the Customer.
8.8. The Company reserves the right to withdraw its employees, agents or contractors from the Site where the Company deems the working conditions to be unsafe.
8.9. The Customer must be present at the Site on the Installation Date and is responsible for confirming to the Company’s employees, agents or third-party contractors, the location of the foundation base prior to installation. Once the base and/or foundations have been constructed the position cannot be changed.
8.10. If an existing base and/or foundation is to be used the Company cannot be held liable for subsidence, settlement or movement caused by the base and any resulting damage caused.
8.11. Any spoils created by the installation of the base and/or foundations will not be removed from the Site unless agreed in writing by the Company prior to works commencing.
8.12. The Company shall remove any building waste created by the installation, with the exception of Clause 8.11.
9. Electrical Connections
9.1. The Company shall provide a Part P certificate only when the Company has completed a full external connection of power.
9.2. The Company will not complete an electrical connection to any source unless installed by the Company.
9.3. In the event the Customer wishes to arrange the electrical connection to the building the Customer is responsible for arranging a suitably qualified electrician to connect the Cozy Garden Studio to the Customers power supply and the Company excludes all liability in this respect.
9.4. Armoured electrical and armoured data cables will be run on the outside of the Cozy Garden Studio, no armoured cable will be run in the wall cavity.
9.5. The Company shall not be liable for the suitability of any wi-fi signal to the building.
9.6. The Company shall carry out the electrical work as described in the Order Acceptance document.
10. Guarantee
10.1. The Company provides deposit and guarantee protection under the Home Improvement Protection scheme. Details of this policy are available upon request.
10.2. The Company warrants that the structural elements of the building will be free from any significant defect for a period of 10 years from the Installation Date.
10.3. In addition to 10.2 the Company warrants that the building will be free from any significant defect as follows;
10.3.1. 3 years from Installation Date;
10.3.1.1. Misting within the Glazed doors and or windows
10.3.1.2. Door and window locks and hinges
10.3.1.3. Flooring defects caused by installation error
10.3.1.4. Electrical switches and sockets caused by installation error
10.3.2. 1 year from Installation Date;
10.3.2.1. External Fascias made from any material
10.3.2.2. External Cladding made from any material
10.4. Plastered walls and ceilings will be subject to minor settlement cracks up to 2mm wide. Settlement cracks up to 2mm wide should be filled and sanded by the customer and are not covered in the guarantee. Plaster cracks exceeding 2mm in width are covered by the guarantee for a period of one year from the Installation Date.
10.5. In the event that the building does not conform to these warranties, the Company shall take steps as it deems necessary to rectify these defects, or at the option of the Company refund the Total Price of the Cozy Garden Studio. In any event the liability of the Company shall not exceed the Total Price.
10.6. In the event the Company chooses to refund the Customer, the Customer agrees to provide unrestricted access and provide all reasonable assistance to allow the Company to remove the Garden Office, and upon removal ownership of the building shall vest to the Company.
10.7. Nothing in these Terms shall exclude or limit the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent activity or misrepresentation.
10.8. The Following is NOT covered by the guarantee:
10.8.1. The effect of weather exposure on the external cladding (without limitation)
10.8.1.1. The natural fading of Cedar to silver over time.
10.8.1.2. The fading of stained timbers and composite cladding with exposure to sun light and at different rates depending on exposure.
10.8.1.3. Colour gaps in stained cladding caused by shrinkage, movement or warping of the timber.
10.8.2. Door Adjustments are not covered but can be easily undertaken by the Customer.
10.8.3 Warping or shrinkage or superficial cracking of timber cladding or facias.
10.8.4. Any scratches to the glass, wall or flooring coverings once the building has been handed over to the Customer.
10.8.5. Any damage caused by movements to the foundations caused by subsidence, land-slip, land heave, root penetration, water run-off, flooding, and/or damage caused by animals and insects.
10.8.6. Damage to the Building or foundations caused by any extreme weather event.
10.9. The Building should not be used for habitable space and if done so will invalidate the guarantee.
10.10. Failure to report a fault immediately may invalidate your guarantee. Once agreed the Company shall remedy the issue free of any charge. The Company will not reimburse payments made to third party repair contractors without prior written consent.
10.11. The Company’s liability shall not exceed the Total Price of the Product.
10.12. Any structural or material alteration to the Building made by the Customer or a third party employed by the Customer shall invalidate the guarantee.
11. Care and Maintenance
A Cozy Garden Studio is a low maintenance building, however it is essential to;
11.1. Ensure the guttering is free from leaves and debris and free flowing at all times.
11.2. Maintain ventilation and air flow under the building by removing any obstructions and vegetation that could hinder adequate air flow.
11.3. Remove any significant accumulations of snow fall or ice (25mm) from the roof surface.
Failure to do so may invalidate the guarantee.
12. Assignment
12.1. The Customer shall not assign or transfer the benefit in part or in full of this Agreement without the prior written consent of the Company.
12.2. The Company may assign in part or in full the agreement to any person, firm, agent, company or third party.
13. Force Majeure
13.1. The Company shall not be liable to the Customer for any delay or failure to perform any of the Company’s obligations under this Agreement if the delay or failure was due to any cause beyond the control of the Company.
14. Pandemics
14.1. In the event of a Pandemic or any enforceable action made by Public Health England the Company shall not be liable to the Customer for any delay or failure to perform any of the Company’s obligations under this Agreement.
14.2. The Company shall conform to Public Health England’s advice and guidelines that prevail at the time of the Installation Date and for the period of construction.
14.3. During a Pandemic (determined by Public Health England), in the event the Company requires to change the Installation Date as specified in the Order Acceptance, the Company shall make reasonable endeavours to reschedule as close to the original Installation Date as possible, however, this may be beyond a period of 3 months as described in section 8.2. For the avoidance of doubt, during a pandemic change to the Installation Date will be determined by section 14.3 not section 8.2.
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