Terms and Conditions
Terms and conditions for Construction and Landscape Works regarding Garden Rooms supplied and fitted by London Garden Rooms
The following terms and conditions shall apply to and are incorporated into the estimate and shall apply unless expressly modified or excluded in writing and signed by London Garden Rooms.
Scope of the Work
1.1 These Conditions shall be deemed to be incorporated into any contract between the Client and London Garden Rooms and shall take precedence over any other terms and conditions (unless identified and agreed in writing by the Client/ London Garden Rooms), and any deletion, substitution or amendment to the Conditions shall not take place unless agreed in writing by London Garden Rooms and the Client.
1.2 “London Garden Rooms” refers to London Garden Rooms, South Woodford and “the Client” to the person named in the estimate.
1.3 If there is any inconsistency between the specification and the drawings, the specification shall prevail. “Specification” refers to the itemised scope of works outlined within the estimate and further written correspondence. “Drawings” refer to any visualisation or model issued to the client.
1.4 London Garden Rooms shall carry out and complete the construction and relevant landscape works for the completion of a garden room structure as described in the estimate in a good and workmanlike manner. Should any changes be required to the final estimate, these are to be highlighted by the client or London Garden Rooms and a revised price agreed prior to commencement of works.
1.5 If the client has chosen the acoustic upgrade ‘Gyproc Soundbloc ‘acoustic plasterboard instead of standard plasterboard shall be used. This is certified to BES 6001 achieving a rating of ‘very good’. The acoustic plasterboard combined with ‘Sip’ panel walls, floor and ceiling will not be 100% soundproof. Noise will still be audible from outside of the garden room. London Garden Rooms recommend the client consult with a sound engineer or acoustic specialist to ensure the noise reduction achieved by this method of construction will be sufficient for required use of the Garden Room.
1.6 The Client shall obtain all permissions, give all notices and pay all fees required under any Act of Parliament or any regulation or byelaw of any local authority or statutory undertaker having any jurisdiction with regard to the Works and the Client shall indemnify London Garden Rooms against any claim, proceedings, loss or expense resulting from the Clients breach of the Clause in whole or in part.
1.7 London Garden Rooms operates under the parent company of London Landscapes. All invoicing issued by ‘London Garden Rooms’ are to be payable to London Landscapes; company registration and address are correctly marked on the invoice.
1.8 Upon accepting the London Garden Rooms estimate the client will be contracting with London Landscapes trading as London Garden Rooms. Company registration and address are correctly marked on the invoice.
2.1 The contract sum shall be in the sum stated within the current London Garden Rooms estimate and no adjustment shall be made to such except as expressly provided in these conditions. “Current London Garden Rooms Estimate” refers to the agreed estimate at the time of cleared deposit payment.
2.2 The estimate shall remain open for acceptance of three months from the date shown. Upon payment of the deposit payment of 30% of contract sum, the Current London Garden Rooms Estimate becomes fixed until completion of works or agreed specification is changed by client request.
2.3 The contract sum shall be treated as fixed price for a period of three months from the date shown. Thereafter, the contract sum shall be adjusted in accordance with clause 2.4.
2.4 This clause shall apply if clause 2.2 has been deleted and otherwise only after the period specified in clause 2.3 has elapsed. The contract sum shall be deemed to have been calculated upon the cost of labour, plant, materials, transportation, taxes, duties and levies of whatsoever kind (but exclusive of Value Added Tax), current at date of estimate and shall be adjusted to take account of any increase or decrease in the wage rate, hire charges, price of materials, transport charges, statuary taxes, duties and levies and any other costs and charges arising from any cause.
2.5 Variation of the design, quality or quantity of work required by the client must be in writing and, if accepted by London Garden Rooms, shall be carried out at the prices normally charged by London Garden Rooms at the date of acceptance of the variation. London Garden Rooms will reissue the estimate and work will commence on receipt of written approval of the final cost. Such amounts shall be added to the contract sum and London Garden Rooms shall be entitled to include such amounts in any invoices issued to the client under the provisions of clause 3. Site personnel have no authority to act for London Garden Rooms in receiving instructions, accepting variations or agreeing and amendment of these conditions.
2.6 If the client requests extra works when the team are on site these works will be charged at £40 per hour per person plus VAT plus the cost of materials and or waste removal. This does not cover electrical works, an estimate will be proved for any additional electrical works requested.
3.1 30% of contract sum to be paid in advance as deposit to secure start date. The deposit (30%) to be lost if client cancels the work.
The second payment of 30% will be due once the foundations are in and SIP structure is fully erected.
The third payment of 30% will be due once the doors are installed (typically by the time the doors are in plaster boarding, 1st fix electrics and the roofing will be complete)
The final 10% is to be paid once garden room is fully erect and all works within the contract sum are completed; it is to be paid within 7 days of completion.
3.2 All payments shall become due and shall be made in full without deduction or deferment on account of disputes, cross clauses, discounts in accordance with stage payments/invoices raised as outlines in clause 3.1.
3.3 Without prejudice to London Garden Rooms other rights and remedies, if the client fails to pay as provided in clause 3.1 and 3.2, London Garden Rooms shall be entitled to suspend work 3 days after any written notice to the client to that effect.
3.4 Full guarantee for the garden room will be given on receipt of the full payment.
- Unless full payment is received, all guarantees relating to the garden room are null and void.
3.6 London Garden Rooms will have the right to claim interest on any sums not paid in accordance with Clause 14.7 at the lesser of:
(a) the rate of 5% per annum above the prevailing base rate of HSBC Bank plc; or
(b) the prevailing statutory interest rate under the Late Payment of Commercial Debts (Interest) Act 1998 and any orders made under it and the Late Payment of Commercial Debts Regulations 2002,
and such interest will accrue on a daily basis from the date payment becomes overdue until the Client has made payment of the overdue amount, which must be paid in accordance with Clause 14.7.
- Unless expressly stated otherwise, all sums payable under this Agreement are in Sterling.
Commencement, completion, delay and disruption
4.1 The client shall give full possession of the site together with property and adequate access on a date to be agreed by client and London Garden Rooms.
4.2 London Garden Rooms shall take possession on the due date, proceed with due diligence and complete the work within a period of 60 days from the date of possession. Completion shall mean the completion of all essential aspects of the works set out in the contract documents.
4.3 Notwithstanding clause 4.2, time is not the essence of this contract and London Garden Rooms shall not be liable for any loss, cost or damage of whatsoever kind arising out of or as a consequence of its failure to perform or complete the work as provided by reason of matters beyond London Garden Rooms control which it could not have reasonably foreseen at the date of this estimate.
4.4 If London Garden Rooms is hindered or delayed in the execution or completion of the work by matters noted in the clause 4.3, London Garden Rooms may extend the time for such execution or completion by such period or periods as in exercise of its absolute discretion it shall deem appropriate.
4.5 To the extent that disruption and/or delay to the execution and/or completion of the work arises as a consequence of some interface, act, omission, default, neglect, instruction or variation of the client, his servants or agents, or others for whom the client is or may become responsible, London Garden Rooms shall be entitled to payment of such loss and/or expense as may arise directly or as a consequence thereof and the contract sum shall be adjusted accordingly. London Garden Rooms shall be entitled to include such amounts in any invoice or invoices issued to the client under clause 3.1.
4.6 If any money or payment for extra work associated with either the site and/or garden room is retained and/or withheld by the client then all guarantees and warranty is deemed instantly null and void.
4.7 If there are parking restrictions at the property, then this will be at the client’s expense. Ideally a permit can be supplied for the duration of the works. Where pay and display parking is required, we, London Garden Rooms, will charge the client an additional 20% admin charge on top of the hourly rate. For example, if the hourly parking is £1, we will charge £1.20 per hour. We will have one van on site for the duration of the project and at certain times there will be additional vehicles which will also require parking. The additional vehicles may include the electrician, the plumber and an additional team as and when necessary including when heavy materials need to be loaded/removed from site.
Maintenance after Completion
5.1 Following completion of the works the client shall be responsible for the correct and proper maintenance of both the site and garden room construction. This applies equally to irrigation of installed planting and other soft landscape factors.
5.2 If London Garden Rooms supply underfloor heating the client will be made aware that occasional cold spots can and will occur and London Garden Rooms will not be held responsible for this.
5.3 London garden rooms supply and fit the best quality glass and doors. However during cold months when the interior temperature of the garden room is greater than the temperature outside, condensation can occur on the inside of the doors. The client will be made aware that regular ventilation of the room will prevent this and London Garden Rooms are not responsible for the condensation occurring.
5.4 Drain blockage. Invariably if there is a blockage on the shower, sink, toilet it is the result of a foreign object being put down the toilet (usually a sanitary towel or excess toilet paper). If there is a blockage we can come back to site and investigate and if it is deemed to be a sanitary towel or excess toilet paper we will charge you for the call out and remedial work. In extreme cases the Sani flow may need to be replaced.
6.1 Without prejudice to its other rights and remedies, London Garden Rooms may give written notice to the client or to any person in whom the contract may have become vested, forthwith determine its employment under the contract by reason of any one or more of the following:
a) Failure by the client to observe the provisions of clause 3 hereof and/ or
b) The customer becoming insolvent or committing any act of bankruptcy or, being a company, making an arrangement with its creditors, or (other than for the purposes of amalgamation or reconstruction) the commencing of winding up proceedings or the appointment of a receiver and/or
c) Failure by the client to give access to the site under clause 4.1 and/or
d) Breach of the clients warranty under clause 7.1 and/or
e) Suspension of the works in whole or in part, for a period of five days, whether or not consecutive, due to any act, omission or default of the client or anyone for whom the client is responsible provided that the contract shall have stated the default alleged in written notice and the client shall have failed to rectify the default within five days of the date of such notice and provided further that the notice of determination shall not be given unreasonably or vexatiously.
6.2 Following and determination under clause 6.1, London Garden Rooms shall be entitled to be paid the value of all work carried out and materials both supplied and not supplied but for which London Garden Rooms is legally obliged to pay and the amount of any loss and/or damage caused to London Garden Rooms as a result of such determination and the contract sum shall be adjusted accordingly. London Garden Rooms shall be entitled to include such amounts in any invoices issued to the client under the provisions of clause 3.
7.1 The client warrants that the site is free of springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drain foundations and sub-structures of former buildings or other hazards or obstructions which are not reasonably apparent by visual inspection of the surface of the site or which have not been made known in writing by the client to London Garden Rooms prior to the date of the estimate.
7.2 London Garden Rooms cannot under any circumstances be held responsible if any item listed within clause 7.1 has an immediate, or post works completion, effect upon the competed works.
7.3 Without prejudice to his other rights and remedies, if the client is in breach of the warranty under clause 7.1 London Garden Rooms may proceed with the works and shall be entitled to reasonable payment for any additional work and/or materials caused by the breach. Such amount shall be added to the contract sum. London Garden Rooms shall be entitled to have free access to power and water.
7.4 Entitled use of W.C – London Garden Rooms will have full access and use of the clients W.C or rent an onsite portable W.C at the clients cost.
7.5 If the electrician finds the consumer unit to be unfit for purpose, the client may be subject to additional charges. We will endeavour to find the most straight forward route for the armoured cable. This will be run from your existing consumer unit (fuse board) out to your garden room. If necessary we will remove skirting boards and/or floorboards and re-fix once we have run the cable. If any further decorating works are necessary then this will be an additional charge.
8.1 Materials supplied by London Garden Rooms shall be at the clients risk immediately upon delivery to the site.
8.2 Property in materials or goods supplied by London Garden Rooms will pass to the client when:
a) The materials or goods which are the subject of this contract are paid in full
b) All other materials which are the subject of any other contract between the client and London Garden Rooms which at the time payment of the full price of materials supplied under the contract have been delivered but not paid in full, have been paid in full
8.3 Until full payment has been made by the client to London Garden Rooms for the correct estimate amount, all materials and goods shall remain the sole property of London Garden Rooms
8.4 London Garden Rooms shall have the right of entry onto site for the purpose of retrieving its materials and for any other purpose under clause 8.
8.5 All turf, plants and trees, seeds, bulbs and the like supplied will be true in name and health when planted subject to any substitutions necessary due to non-availability. London Garden Rooms shall not be responsible for loss after planting from whatsoever cause. Replacement of any of the aforementioned found to be defective during the growing season after planting shall be at the absolute discretion of London Garden Rooms. Replacement will not be considered unless the items have been maintained properly and the client shall have notified London Garden Rooms in writing as soon as the loss became apparent and London Garden Rooms shall have been afforded the opportunity to inspect.
8.6 Any grass seed supplied shall have been tested and shall conform to current EEC regulations. The client acknowledges that sward (Expanse of short grass) cannot be made in one season and several seasons and careful cultivation, weeding and feeding are essential and that no land is free from weeds and that accumulated weed growth and dormant weed seed cannot be eradicated in full cultivation. When undertaking cultivation of land London Garden Rooms shall have no liability for subsequent weed growth.
8.7 The timber materials London Garden Rooms use will be fit for purpose and all timbers used will be pressure-treated and shall conform to current EEC regulations. London Garden Rooms will not be held responsible for any movement, swelling, shrinkage, splitting of any timber products after completion of job. However, should any other problem occur any remedial work is solely at the discretion of London Garden Rooms.
The Proper Law of the Contract
9.1 This contract shall be construed in accordance with English Law.
Please ensure that you have carefully read through all the items that we have given you a cost for in the estimate and ensure that there is nothing we have missed out. We (London Garden Rooms) have done our very best to remember all of the works that have been discussed. If there are any items that have not been written in our estimate then please do not assume that these have been allowed for within our costs.