1. In these Conditions of sale the following terms shall have the following meanings:
The Real Shed Company is a trading name of Phoenix Garden Buildings Limited
"The Company" is Phoenix Garden Buildings limited, Unit 4B Ferrybridge Business park, Fishergate, Ferrybridge, WF11 8NA, Tel 01977 679300
"The Building(s)" is the building, erection or construction or the part or parts there of described in the order including all items incidental or ancillary there to as specified in such order:
"The Customer" is the person or persons, firm or company who has agreed to purchase the building(s).
2. No variation of theses conditions shall apply unless confirmed in writing by the company from its head office. No employee other than a Director has the authority to verbally or in writing agree any variation of these terms: only a Director may do so in writing.
3. PAYMENT TERMS. Subject to the agreed deposit having been paid to the selling agent, the balance is due to the company 7 days prior to the agreed delivery date notified by the company (or to the driver on delivery, by agreement only). Failure to pay on time will delay delivery. Where the company is manufacturing a special/bespoke building to the customers order, the company reserves the right to have full payment made before any manufacturing process takes place.
4. Upon receipt of an order the Customer will receive an order confirmation and a "Site Assessment form". This confirmation should be checked with any incorrect order details brought to the Company's attention immediately. The Customer must complete in full the company’s “Site Assessment form” giving a true account of the site access and conditions. Incomplete or falsification of the form will result in a delay of delivery and additional charges.
5. Products may vary from the images, Illustrations, photographs, descriptions, information and statements contained in the Company’s brochure, website and literature. These are intended only as illustration and a general guide and do not form any contract, nor do the same constitute any representation by on behalf of the Company.
6. Where measurements have been supplied by the Customer, they are responsible for ensuring theses measurements are correct.
7. All dates and periods of time given or specified by the company in quotations and contracts are business estimates only and although the company will uses its best endeavours to adhere to any dates or periods of time given, the company shall not be liable in any way whatsoever for any direct or consequential loss which may result from the delay in the delivery of any building. The company cannot be held responsible for delays caused by force majeure, adverse weather conditions, strikes, lockouts, civil commotion or by any other cause beyond the control of the company and such delays shall not be a basis for cancellation of the order.
8. Order Changes: Order changes/amendments can be made up to 14 days prior to an agreed delivery date, we do not accept any changes/amendments after this. All changes must be agreed in writing.
9. The Company reserves the right to make minor alterations to the specification without notice.
10. The Company reserves the right to sub contract the whole or part of any work.
11. Where the company undertakes the erection of the building (s) it will ensure that reasonable care and skill is employed in carrying out the work.
12. For installation purposes the Customer hereby agrees to allow access during normal working hours, and free use of electricity. The Customer further agrees to be responsible for providing a clear working area including the moving of any shrubs, plants, trees, telephone, TV and electrical cables as necessary.
13. IT IS THE CUSTOMERS RESPONSIBILITY to ensure that all permissions, approvals and other consents are obtained and the customer will keep the Company indemnified against all liability costs and expenses which may arise in the event of the building(s) being erected without any necessary permission, approval or consent.
14. It is an express condition that the customer is responsible for ensuring adequate parking for a large transit type vehicle for the duration of the delivery/installation (approx. 1-4 hours dependent on building(s) ordered). The customer must advise if they live within a RED ROUTE area or if there are any parking restrictions and supply any permits if required. The Customer is responsible for any parking fines/tickets issued during the period of installation. Any issues should be identified on the "Site Assessment form".
15. It is an express condition that the customer is responsible for ensuring clear direct access with no restrictions below the height of 6ft 6"/1.98mts, no tight corners or bends that would allow two staff to carry sections up to 10ft/3mts long in a vertical position. Failing to provide this, the building will be delivered and left for the customer to arrange its own installation without any reduction in cost. Should there be an agreement to return and complete the installation a fee of 10% of the order value shall be charged. Any issues should be identified on the "Site Assessment form".
16. It is an express condition that where the company is undertaking the erection of a building on the Customers prepared base area that the Customer is responsible to ensure that the base area is complete and constructed to give a solid, level, even base area, of the correct size and within 6mm of level across the whole of the base. The base must also have a minimum space of 6’’(150mm) before any obstacle (i.e walls, fencing trees etc). If, on arrival the Company’s installers find the base area proves to be unsuitable, the building (s) will be delivered and left for the customer to arrange its own installation without any reduction in cost and all balances due in full. Should there be an agreement to return and complete the installation a fee of 10% of the order value shall be charged. Any issues should be identified on the "Site Assessment form".
17. Where the customer has organised a third party to be involved (i.e. Electrician) in the installation. The Company must be notified prior to the delivery date, and the third party must be available for the whole of the delivery time. If the third party does not attend, erection shall be completed and any third party works must be carried out after the completion of the installation.
18. We require all staff to comply with Health and safety laws and best practice. This means we don’t ask staff to perform tasks (such as lifting sections over Garages, out-building, walls, fencing over 2ft high) which could result in injury either to themselves or to members of the public.
19. The customer shall inspect the building (s) on delivery and shall notify the Company in writing within 7 days of any complaint that the building (s) is in complete and/or damaged and failing such written notification the customer shall be deemed to have accepted the building (s) as complete and intact.
20. Warranty: The Building (s) will be guaranteed to be free from faulty installation and workmanship for a period of 12 months from the date of installation. Any Building(s) supplied on a delivered only basis, will be guaranteed against the quality of goods supplied on delivery. Should any faults develop during this period we will arrange for it to be repaired including the cost of any parts or labour required (We must be allowed fair access to carry out any repair work).
21. All faults must be reported to "The company” in writing giving as much information and supporting evidence ( i.e Photographs)
22. No guarantee, Warranty or other representation is given by the Company concerning the incidence, prevention or elimination of condensation or leaking coming up from the base, nor have its agents authority to give such representations or warranties.
23. Unless stated otherwise all the exterior cladding, framework, floor joists and floor board are supplied pressure treated. Due to technical reasons all Doors, windows and internal roof parts are dip treated. The pressure treatment process is a long life protection against rot and decay and is not a weatherproof system. The building will require protection from UV light and water penetration, therefore no further preservative treatment is required but a suitable weatherproof coating must be applied as soon as possible but no later than 12 weeks after installation and then at regular intervals (always apply any coatings in accordance with the manufacturers instruction).
24. All interior options are fitted to a standard that requires interior decoration by the end user, fixings, open joints, gaps, transit marks may be visible.
25. Guarantee exclusions:
- General wear and tear, misuse and or abuse or third party damage.
- Damage caused by natural disasters or by unauthorized modification.
- Any building that has not been installed onto a suitable base or positioned a minimum of 6” away form any obstacle (as per our "Site assessment form")
- Movement of grounds ( i.e subsidence).
- Colour variation or drying marks. On the timber faces.
- Timber is a natural product and will be subject to many natural occurring changes as the environment changes around it. This may result in any of the following
- Shrinkage, splitting, cracking or swelling (splits and cracks will not affect the structural strength of the timber)
- Moisture ingress
- Items that have not been maintained accordingly.
- Ex demonstration buildings
26. The risk in the building(s) shall pass to the customer on delivery to the address designated by the Customer and the Customers liability to the Company for the price will not be affected by any subsequent loss or damage. Until the company has been paid in full for the building (s) the property in the building (s) shall not pass to the customer but shall remain vested in the Company until full payment has been received by the company. Such sums shall not be created as paid until all cheques, bills, etc. have been honoured. In the event of a default by the customer the Company shall be entitled to repossess any building (s) which remain the property of the Company and the Customer shall for the purpose allow the Company access and entitlement to enter upon any premises where the Customer is in occupation or to where he has access and where any such building (s) may be for the purpose of such repossession.
27. Guarantees are not transferable.
28. This contract is subject to the laws of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
29. Your statutory rights are not affected by these terms and conditions.