Terms & Conditions

STANDARD PAYMENT TERMS & CONDITIONS

1. DEFINITIONS

In these Conditions:

“Client” means the person/body named as such in the Quotation;

“Quotation” means Keepers Garden Rooms Ltd Quotation;

“KGR” means Keepers Garden Rooms Ltd.

“Contract Price” means the price payable by the Client to Keepers Garden Rooms Ltd for the Works detailed in the quotation, and as varied in accordance with these conditions;

“Works” means the Works and products as described in the Quotation.

 

2. CONTRACT FORMATION

Acceptance of the KGR Quotation by the Client constitutes a Contract for KGR to carry out the Works in accordance with these Conditions and all terms and conditions inconsistent with these Conditions are excluded.

 

3. GENERAL OBLIGATIONS

3.1. KGR will exercise reasonable skill and care in the performance of the Works.

3.2. The Client will give KGR access to their premises as reasonably required to enable it to carry out and complete the Works without interference by the Client or by other contractors of the Client.

3.3. The client will make available and provide 240v power supply and running water to KGR for the purpose of facilitating the works.

3.4 Unless specified and agreed in the quotation, KGR will be responsible for the clearance and disposal of all waste as a resulting of the installation from the client’s premises.

 

4. VARIATION

4.1. If the Client wishes to vary any of the Works, they will inform KGR Site Manager who will, as soon as practicable, notify the Client of the estimated cost of the variation and the effect if any, on the installation period.

4.2. Unless the Client withdraws his request for a variation when he receives the KGR estimate, the Contract Price will be adjusted in accordance with KGR estimate (or as otherwise agreed between the Client and KGR) an appropriate extension of time for completion of the Works shall be agreed if applicable.

4.3. If the variation involves ordering new materials or manufacturing new items there may be a delay to the works KGR will re-arrange a date for the works to recommence when the materials or items are ready for incorporation into the works.

4.4. KGR will notify the Client if it encounters any difficulties which it could not have reasonably foreseen when submitting the Quotation and, in those circumstances, a fair and reasonable adjustment to the Contract Price and Contract period will be made.

4.5. Any Variation to the original works as stipulated within the original quote is deemed a variation and will be treated as such when assessing the final cost of the works.

4.6. Any additional works carried out without the prior knowledge or agreement of the KGR Site Manager are not covered under any insurances and / or any guarantees. KGR will not be liable for any claims arising from such works.

 

5. CONTRACT PRICE & PAYMENT

5.1. The Contract Price is stated in the Quotation and it may be varied in accordance with these Conditions.

5.2. The Client shall pay KGR the Contract Price in accordance with the payment terms in the Quotation.

5.3. The Client will pay KGR as per the following schedule for ON site constructed structures (e.g., Garden Rooms):

10% deposit to book build slot on contract acceptance.

50% on commencement of works / delivery of materials to site.

40% on completion of works.

5.4. The Client will pay KGR as per the following schedule for OFF site constructed structures (e.g., Oak Frames):

50% deposit for materials on contract acceptance.

25% on delivery of structure to site.

25% on completion of works.

5.5. Late payment entitles the Contractor to interest at 4% above the Bank of England’s base rate and surcharge of £50 per     overdue invoice from the due date until the date of actual payment.

5.6 Retention of Title: KGR retains legal ownership and title to all goods supplied until payment of the contract price has been received in full.

5.7 KGR retain the right to enter the client’s premises to repossess the goods.

 

 

 

 

 

 

 

 

6. INSURANCE

6.1. KGR shall take out and maintain the following insurances (except as otherwise agreed or stated in the Quotation):

Products Liability for £2,.

Public Liability Insurance for £ .

Employer’s Liability Insurance for £

6.2. KGR will provide the Client upon request during the Contract period evidence that the insurances are in place.

6.3 Risk of damage or loss of all goods and materials will pass to the buyer on delivery.

6.4 The Client is obligated upon on delivery, to insure the goods to the value of the completed contract against theft, fire, and damage.

 

7. HANDOVER & DEFECTS LIABILITY

7.1 All warranties for materials and products supplied will be passed to the client from KGR upon completion of the contract.

7.2. KGR will give the Client notice of its intention to hand over the Works and give the Client the opportunity to inspect the Works prior to handover.  KGR will confirm the date of handover to the Client.

7.3. KGR will be responsible for remedying defects in the Works which appear within 12 months from the date of handover and which are promptly notified to them by the Client who will give them full access to carry out any remedial works.

7.4. KGR will have no liability to the Client, in contract or in tort, for any indirect or consequential loss incurred by the Client, including but not limited to loss of use or loss of profit.  The sole responsibility of KGR will be to remedy defects for which it is responsible and which are notified to it during the 12 months defects liability period.

 

8. TERMINATION

8.1. KGR may give notice to terminate the Contract if the Client fails to make any payment becoming due within 30 days of the due date or commits any other material breach of the Contract.

8.2. The Client may give notice to terminate the Contract if KGR commits a material breach and, in the case of a breach capable of remedy, fails to take steps to remedy the breach within 28 days of being requested to do so in writing.

8.3. Either party may terminate the Contract if the other party becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed.

8.4. Termination will not affect the accrued rights and liabilities of the parties at the termination date.

 

9. GENERAL

9.1. Whilst KGR will endeavour to carry out the works as promptly as possible, they cannot be held responsible for delays or losses from:  A result of inclement weather, supply of materials, illness, or any other possible delay beyond their control.

9.2. KGR will keep the Client aware of any possible delays throughout the duration of the works as soon as they become aware of them.

9.3. Assignment – Neither party will assign any of its rights or obligations under the Contract without the prior written consent of the other.

9.4. Disputes – Every dispute shall be finally determined by the courts of England.

9.5. Governing Law – The Contract shall be governed by the laws of England.

9.6. Entire Agreement – The Quotation and these Conditions constitute the only agreement between the parties and supersede any previous arrangements, agreements or understandings relating to the Works.