WARRANTIES & LIABILITIES
Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material (please see clause in Terms and Conditions ‘Materials’), and workmanship for a period of 12 months from the date of their initial use or 6 months from delivery, whichever is the first to expire.
The above warranty is given by the Seller subject to the following conditions:
The Seller shall be under no liability in the event that the Seller in its absolute discretion makes any change to the specification of the Goods which are required to comply with any applicable safety or statutory requirement or otherwise or which do not materially affect the quality and fitness for purpose of the Goods,
The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval.
The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment; vThe above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller. Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and/or the Unfair Terms in Consumer Contracts Regulations 1999), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Conditions.
If the Goods delivered are not the Goods ordered by the Buyer (including any substitute product) the Buyer shall be entitled to reject the Goods. Subject to this, any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery (save in the case of shortages or other defects discoverable on inspection which must be notified to immediately on delivery and be noted on the consignment note) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Furthermore the Buyer will lose the right to reject the Goods if the Buyer takes any step whatsoever to accept the Goods (such as in the case of a shed installing electrical fittings or in all cases doing any act consistent with the Buyer having acknowledged the fact that it accepts the Goods and has no intention of returning the Goods to the Seller)
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit of otherwise), which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
Act of God, Explosion, Flood, Tempest, Fire or accident;
War or Threat of war, Sabotage, Insurrection, Civil disturbance or requisition;
Acts, Restrictions, Regulations, Bye-laws, Prohibitions or measures of any kind on the part of any Governmental, Parliamentary or Local authority;
Import or export regulations or embargoes;
Strikes, Lock-outs or other Industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
Power failure or Breakdown in machinery.
The Seller will not accept any responsibility for any third party costs incurred for late deliveries, failed deliveries or incomplete deliveries. It is the Buyers responsibility to check that the delivery is complete and in good order before arranging any third party contractors to assist in installation.
Our garden buildings are pre-treated with a water based timber treatment for protection during transit. In order to receive the full 10 year anti-rot guarantee, it is necessary that you treat the garden building with a high quality, spirit-based, timber preservative prior to or shortly after construction.
This will protect the timber from weathering and will need to be repeated accordingly in relation to manufacturer’s instructions.
This guarantee covers fungal decay and insect attack
This guarantee does not cover;
Movement, Warping or Splitting of the timber over time;
Damage caused by or as a result of misuse;
Glazing material, joinery or roofing felt.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform, any of the Seller’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control – Act of God, explosion, flood, storm, fire or accident, war or threat of war, sabotage, civil disturbance or requisition.
This warranty is only valid in the UK.
Validity of Guarantee
The guarantee is invalid if:
The building has not been constructed on a firm, level base;
The building has not been constructed or installed as per the instructions;
The building has been customised or modified in any way;
The person claiming is not the original purchaser of the building;
The building has not been treated immediately once constructed and at least every 12 months thereafter;
The buildings has been touched by an external wall or in contact with a tree or a bush. As this would allow moisture to penetrate the building.
A damp proof membrane is not laid between the floor joists and the base (Not Applicable for Log Cabins);
Corner joints are not sealed with silicone;
Roofing felt is not properly maintained.