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Standard Terms and Conditions of Business

Garden room with covered hot tub area

Interpretation:

Agreement

The Order Proposal Confirmation, the acceptance of the same, Any Illustrations, site plans and floor plans and the Terms herein.

Company

The Swift Organisation Ltd (Company No: 5691820), whose registered office is: The Swift Organisation, Swift House, Unit 54, Adlington Park, Adlington, Cheshire SK10 4NL.

Customer

The person(s) firm or company who purchases a Garden Room or Extension from the Company.

Installation Site

The site specified by Customer for installation of the Garden Room or extension.

Garden Room or Extension

The garden room or extension specified in the final proposal.

Non Structural Elements

Means any parts of the Building which are not either Structural Elements or Optional Extras including (without limitation) any internal cladding, electrical installations and floor covering.

Optional Extras

The optional extras, fabricated by Swift, and/or supplied by third parties and made available to the Customer and specified in the Order Confirmation.

Order Acceptance confirmation

The acknowledgement issued to the Customer following receipt of a signed Proposal and the requisite deposit

Order Confirmation

The Proposal signed by the Customer confirming acceptance of these Terms

Property

The property within or upon which the Installation Site is located

Structural Elements

Means the footings, floor, roof and external walls of the Garden Room or Extension. It includes the doors, windows and glazing and roof covering.

Terms

The terms and conditions set out below

1. Basis of Sale

1.1 The Company will sell the garden room subject to these Terms.

1.2 The Customer agrees that the Agreement constitutes the entire understanding between the parties hereto and there are no representations, warranties, conditions and terms or obligations (implied or otherwise) whether written or oral, express or implied by custom or otherwise other than those specifically contained in the Agreement

1.3 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the Garden Room or extension, which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.

1.4 Any minor typographical, clerical or other error or omission in the order confirmation invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

1.5 In these Terms, reference to a statute or statutory provision includes a reference to it from time to time, amended, extended or re- enacted.

1.6 The headings in this Contract are for convenience only and shall not affect their interpretation.

1.7 In these Terms where two or more individuals are included in the expression “the Customer” any obligation provided by them shall be deemed to be made by such persons jointly and severally.

2. Orders

2.1 All signed Proposals will be formally accepted by the Company by the issue of an Acceptance confirmation. An Order Acceptance confirmation will only be issued following receipt of a signed Proposal together with the requisite deposit.

2.2 If for whatever reason no formal Order Acceptance Confirmation is issued by the Company, the Customer in accepting delivery and installation of the Garden Room or extension shall be bound by these Terms and Conditions.

2.3 Once the Order Acceptance confirmation has been issued by the Company to the Customer it may only be cancelled or the installation date deferred with the written agreement of the Company signed by a director and on the condition that the Customer indemnifies the Company for all costs incurred as a result of the cancellation or deferral including labour, materials, any other charges and expenses.

3. Customer Warranties

The Customer warrants that;

3.1 The Company will have unrestricted access to an adequate supply of electricity at all times during the installation at the Property

3.2 it will grant the Company suitable access to the Property at all times until payment in full has been made

3.3 the Installation Site is accessible and free from any dangers. In particular that the Installation Site is sound, level and free from any obstructions.

3.4 it is the proprietor of the Property

3.5 it has obtained all required consents for the installation of the Garden Room or Extension including (without limitation);

3.6.1 consent from any mortgagee or chargee of the Property if required

3.6.2 consent or planning permission from any local or public authority if required

3.7 the Installation Site has not been subject to subsidence, landslip or land-heave as far as the customer is aware

The Customer hereby agrees at all times to keep the Company indemnified against all claims costs demands and liabilities arising as a result of the Customers breach of any warranty in this Clause 3 including (without limitation) the costs incurred by the Company as a result of any delay whilst such consents are obtained.

4. Installation

4.1 The Garden Room or extension shall be installed by the Company at the Property unless otherwise agreed in writing. For the avoidance of any doubt the Garden Room or extension is installed as an empty unit.

4.2 Any date specified by the Company in the Order Acceptance Confirmation for the installation of the Garden Room or extension is approximate only and will be confirmed by the Company at least 5 working days before installation. This date shall not be made of the essence by virtue of this confirmation. Where no dates are specified, installation will be within a reasonable time. Subject to the other provisions of the Terms the Company will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or in the actual installation of the Garden Room, nor will delay in installation entitle the Customer to terminate or rescind the Agreement. Any liability of the Company for non-delivery of the Garden Room or extension shall be limited to refunding the deposit (if any).

4.3 The Company shall use all reasonable endeavours not to cause damage to the Customer’s property and shall make good any damage caused

4.4 If in the reasonable opinion of the Company the installation site is not accessible or does not otherwise comply with Clause 3 the Company may without limiting its rights and in its absolute discretion defer installation to a later date subject always to the Customer indemnifying the Company for all additional costs incurred due to such deferment or the Company may cancel the Agreement with immediate effect whereupon the Customer’s deposit will be returned less an amount in respect of all the Company’s charges and expenses in connection with the Agreement up to the time of such cancellation.

4.5 On completion of the installation the Company will issue an installation checklist for counter signature by the Customer confirming that the Garden Room or extension has been installed to the Customer’s satisfaction and the keys of the Garden Room or extension will then be formally handed over.

5. Company Warranty

5.1 The Company warrants it will perform the installation of the garden room or extension with reasonable skill and care and in accordance with generally recognised commercial practices and standards. The Company warrants that the Structural Elements of the Garden Room or extension will be free from any significant defect for a period of 10 years from the date of the Agreement for purchase. In addition, the Company warrants that upon installation the Garden Room or extension shall be free from any significant defect in other materials or workmanship.

5.2 If the Garden Room or extension does not conform to these warranties the Company will take such steps as it deems necessary to bring the Garden Room or extension into a condition where it is free from such defects or, at the option of the Company, refund the purchase price of the Garden Room to the Customer provided that the liability of the Company shall not in any event exceed the total amount for which the company is insured (£5,000,000) and the taking of the steps it deems necessary shall constitute an entire discharge of the Company’s liability under this warranty. If the Company opts to refund the purchase price any such refund is conditional upon the Customer providing the Company with access and all reasonable assistance that it reasonably requires in order to remove the Garden Room or extension and upon such removal ownership of the Garden Room or extension shall vest in the Company.

5.3 The Company shall not be liable for a breach of the warranty set out above relating to workmanship and materials other than Structural Elements, unless the Customer gives written notice to the Company within one month from the date upon which the Customer first becomes aware of the deficit within the appropriate warranty period and the Company is given a reasonable opportunity after receiving the notice of examining the Garden Room or extension.

5.4 Any repaid or replaced goods will be guaranteed on these terms for the un-expired portion of the appropriate period.

5.5 All warranties, conditions and other terms implied by statute or Common Law (save for conditions implied by Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Agreement.

5.6 Where the Garden Room or Extension is sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.

5.7 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.

5.8 The warranty given in this Clause 5 shall not apply to any defects in the Garden Room arising as a result of any breach of the Customer’s Warranties set out at Clause 3 above or as a result of any subsidence, landslip or land-heave affecting the Installation or any other form of instability affecting the Installation Site.

5.9 The Company provides no warranty in relation to any Optional Extras save that it will use all reasonable endeavours to assign the benefit to the Customer of any manufacturers warranty relating to the Optional Extras capable of assignment.

5.10 The provisions of this clause 5 shall survive any performance, acceptance or payment pursuant to this agreement.

6. Alteration in Specification

The Company reserves the right to make any changes in the specification of the Garden Room or extension which do not materially alter their quality or function or where it is necessary to conform to any applicable safety or other statutory requirements.

7. Property and Risk

7.1 Risk in the Garden Room or extension shall pass to the Customer upon handover of the keys to Garden Room and responsibility for effecting and maintaining insurance cover passes to the Customer at that time.

7.2 Title in the Garden Room or extension shall not pass to the Customer until the Company has received payment in full (whether in cash or cleared funds) of all sums due to it in respect of the Garden Room or extension.

8. Price and Payment Terms

8.1 The price for the Garden Room or extension and any Optional Extras shall be shall be set out in the signed Proposal. The price shall be inclusive of any value added tax unless stated otherwise but excludes any other applicable tax which the Customer shall pay in addition to the price.

8.2 All prices quoted are valid for 90 days from the date stated below. Any orders placed after this 90 day period has elapsed may be subject to price changes.

8.3 Deposit and Stage payments are specified in the quotation letter.

8.4 The Customer shall make the full payment due without any deduction whether by way of set-off, counterclaim or otherwise and no payment shall be deemed to have been received until the Company has received cleared funds.

9. Failure to Make Payment

9.1 If the Customer fails to pay the full payment on the due date then without prejudice to its other rights and remedies the Company may charge interest both before and after Judgement on the amount unpaid at the rate of 3% per annum above the HSBC base lending rate from time to time compounded monthly until payment is made in full with a part of a month being treated as a full month for the purposes of calculating interest.

9.2 Notwithstanding the above, if full payment has not been made on the due date the Agreement may be terminated forthwith by the Company serving not less than 48 hours written notice to the Customer, whereupon the Company shall be entitled to remove the Garden Building and for such purpose the Company shall have an irrevocable licence or authority to enter upon the Installation Site with such transport as may be necessary to recover the Garden Room or extension. The Customer shall render all reasonable assistance to the Company to enable the Customer to disconnect the electricity supply and dismantle and remove the Garden room or extension from the site.

9.3.1 If the Company takes the action permitted by Clause 9.2 the Customer shall pay reasonable removal charges together with the reasonable cost of arranging for an electrician to disconnect the power supply. The customer shall also be liable for all reasonable losses incurred by the company in connection with the labour and materials used in the installation of the garden room or extension..

10. Enforceability and Severability

Any provision of these Terms which is held to be illegal, invalid, unenforceable or unreasonable whether in whole or part shall to the extent necessary be deemed severable and the other provisions of these Terms and Conditions shall remain unaffected.

11. Amendment

These Terms shall not be amended, modified or varied except in writing signed by a director of the Company and the customer.

12. Assignment

12.1 Neither party shall be entitled to assign or transfer the benefit of the Agreement or any part of it without the other parties prior written consent. Such consent not to be unreasonably withheld, provided that the customer may assign or transfer the benefit of the Agreement to any future proprietor of the property without the need for the Company’s consent.

12.2 The Company may assign the Agreement or part of it to any person, firm or company.

13. Damages

Save as described in these Terms and Conditions the Company shall not be liable to the Customer for any loss or damage whether direct or indirect and howsoever caused. In any event the Company’s liability to the Customer in respect of the non performance of any of the Company’s obligations shall be limited to the price of the Garden Room or extension.

14. Force Majeure

The Company shall not be liable to the Customer or deemed to be in breach of these Terms and Conditions because of any delay or failure to perform any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s control.

15. Insolvency

If the Company shall go into liquidation whether compulsory or voluntary (except the purposes of a bona fide reconstruction or amalgamation) or if a petition shall be presented or an order made for an administrator or if a receiver, administrative receiver or manager shall be appointed over any part of the assets or undertaking of the Company or the Customer being an individual shall become bankrupt or make any arrangement with its creditors (the insolvent party), then without limiting its remaining rights the other party shall be entitled to immediately recover from the insolvent party, all sums then due and all losses arising to the other party as a result of such circumstances arising, and shall be entitled to give notice to the Insolvent Party to terminate the Agreement.

16. Notices

Any notices to be given shall be in writing and be deemed to be given if left at last known address of the Company or the Customer as the case may be or sent to the same by first class post or facsimile and shall be deemed to have been received two working days after despatch if sent by post or on receipt of a transmission in legible form if by facsimile or on delivery if by hand.

17. Waiver

No failure or delay on the part of the Company to exercise any right or remedy under these Terms shall be construed or operate as a waiver thereof. The rights and remedies provided are cumulative and are not exclusive any rights or remedies provided by law.

18. Governing Law

Any claim or dispute arising out of these Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

Swift garden rooms
The Swift Organisation Ltd, Swift House, Unit 54, Adlington Park, Adlington, Cheshire SK10 4NL
Tel: 01625 875588 | Mob: 0777 3333 144
Email: martin@swiftorg.co.uk | Web: www.swiftorg.co.uk
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