TERMS AND CONDITIONS
The Company
MCG Garden Buildings is a trading name.
Registered Office: Unit 23, Tavern Quay Business Centre, Sweden Gate, Rope Street, SE16 7TX, United Kingdom. Registered No. 6650828
These Terms and Conditions are the only basis on which the Company undertakes business and constitute the entire Agreement between the parties. For the avoidance of any doubt no terms or conditions which the Customer purports to apply under any purchase order, specification or similar document will form part of the Agreement. By accepting the order the Customer(s) enter the Agreement and are accepting to be bound by these Terms and Conditions.
1. Orders
1.1 All orders will be formally accepted by the Company by the issue of an order confirmation. An order confirmation will only be issued following receipt of an order together with the requisite deposit (cleared funds).
1.2 If for whatever reason no formal order confirmation is issued by the Company, the Customer in accepting delivery and installation of the Cabin(s) shall be bound by these Terms and Conditions.
1.3 The customer has 7 days to confirm if they do not wish to proceed. This period allows the customer time to decide if they really do wish to proceed with the cabin purchase. This does not affect their statutory rights.
1.4 Once the order 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 deferment including any labour, materials, any other charges and expenses.
2. Installation of the Cabin(s)
2.1 Installation of the Cabin(s) is an optional service (charged extra on the invoice) that can be ordered when buying a Cabin(s) from the Company. The Installation is not included in the price of the Cabin(s) unless otherwise agreed in writing. The Cabin(s) shall be installed by the Company at the address specified in the order confirmation unless otherwise agreed in writing. For the avoidance of any doubt the Cabin(s) is installed as an empty unit unless otherwise specified.
2.2 The installation cost does not include the cost of any food or accommodation for the crew unless otherwise stated or previously agreed. The Customer needs to ensure the fitters have accommodation and access to toilet and washing facilities and provide food to the fitters not less than three times a day during the period of the works. Alternatively the cost for food and accommodation is calculated as per local Bed & Breakfast rates.
2.3 The installation cost does not include any travel costs for the crew. The travel costs are charged as per cost of return flights from the closest airport to the factory to the closest airport to the site address at the rate at the time of the booking. If the Crew would arrive on an alternative transport i.e. road, rail or ship, all the necessary cost involved is charged at cost.
2.4 The installation cost does not include hire of any plant, machinery, scaffolding, trestles, skip hire, rubbish removal, power supply equipment or any access or safety equipment that might be needed on site unless separately stated and will be charged as necessary or applicable as variations to the original order. It is the Customer’s responsibility to provide the power, access equipment, materials/supplies to comply with health and safety requirements and any additional supplies/materials/plant needed on site. Alternatively the Company will organize this and charge the customer for it pro rata.
2.5 Any date specified by the Company in the order confirmation for the installation of the Cabin(s) is approximate only and will be confirmed by the Company at least 3-5 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. Installation time is a subject to weather conditions and will change if there is any reasonable doubt that the weather conditions are not safe or suitable for the work, materials or tools to be used. Subject to the other provisions of these terms and conditions 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 Cabin(s), nor will delay in installation entitle the Customer to terminate or rescind the Agreement. Any liability of the Company for non-delivery of the installation of the Cabin(s) shall be limited to refunding the deposit paid for the installation (if any).
2.6 The Customer must ensure that the installation site is easily accessible and there is adjacent all day parking for a 7.5 tonne lorry. In addition that the installation site is sound, level and free from any obstructions or dangers. For all models “sound” means that the Customer must ensure that a hard standing level base is provided on which to install the Cabin(s). The Company shall use all reasonable endeavours not to cause damage to the Customer’s property and shall make good any damage caused. The timber kit of the Cabin(s) needs to be within reasonable distance (5-6m) of the actual base or foundations for the fitters to be able to carry the materials by hand. If for some reason the Customer is not able to unload/transport the kit close to the base then the Company will organize that. An additional charge might be imposed for delays and for labour and machinery needed for carrying/transporting the timber kit to the required proximity to the base.
2.7 If in the reasonable opinion of the Company the installation site does not comply with any of the requirements set out in clause 2.3 the Company may at its absolute discretion either defer installation until such time as the Customer has resolved the matter to the Company’s reasonable satisfaction or the Company may cancel the Agreement by written notice with immediate effect. The Customer shall indemnify the Company for all additional costs incurred due to any such deferment. Where the Agreement is cancelled pursuant to this clause 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. Where the installation has been deferred but the Customer has not resolved the matter to the Company’s reasonable satisfaction within 28 days of the original installation date then the Company may immediately cancel the Agreement and return the Customer’s deposit less an amount in respect of all the Company’s charges and expenses as set out above.
2.8 The Customer needs to ensure that there are no delays in delivering any plant or materials and (or) works of other trades involved on site such as plumbers, electricians, ground workers or other trades related to the Cabin(s) and the completion of the works agreed. If any delay should arise the Company will charge the Customer day rate charges for the period of the delay at the Companies current rate per person.
2.9 If the fitting is not ordered from the Company, Customer needs to ensure that the fitting is undertaken using good practice and professional work force. The Company shall not accept any responsibility for bad workmanship, wrong methods used or any other problem arising during the fitting undertaken by a third party.
2.10 The Installation of the Cabin(s) does not include any works to the foundations, drainage, plumbing and heating, wiring, painting and timber treatment, kitchens and bathrooms or rainwater goods unless otherwise confirmed in writing, stated on the invoice or on the specification sheet.
3. Warranty
3.1 The Cabin(s) is designed to last a lifetime, with the correct annual maintenance, but no guarantee or warranty is given to this effect. However, the Company warrants that the structural elements of the Cabin(s) will be free from any significant defect for a period of 2 years from the date of the Agreement for purchase. For the purposes of this clause “structural elements” means the floor joists, roof joists, ceiling joists and external walls of the Cabin(s) but not the internal cladding, windows or doors or other non structural part of the Cabin(s). In addition, the Company warrants that upon installation the Cabin(s) shall be free from any significant defect in other materials or workmanship. However wood is a living material and as such cracks may occur, colour may change, the wall height of the log houses may change 3-5 cm per metre and the roof pitch might change 1-2 degrees. These changes in detail do not reduce their purpose or performance anyhow and are not included in the details of the warranty.
3.2 If the Cabin(s) does not conform to these warranties the Company will take such steps as it deems necessary to bring the Cabin(s) into a condition where it is free from such defects or, at the option of the Company, refund the purchase price of the Cabin(s) to the Customer provided that the liability of the Company shall not in any event exceed the total purchase price of the Cabin(s) 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, the Customer shall provide the Company with access and all reasonable assistance so that it may remove the Cabin(s) whereupon ownership shall vest in the Company.
3.3 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 of completion.
3.4 The Company shall not be liable for a breach of the warranty set out above caused by any settlement or subsidence of the installation site.
3.5 Any repaired or replaced goods will be guaranteed on these terms for the unexpired portion of the one-month period.
3.6 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.
3.7 Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
3.8 All reasonable steps will be taken to replace missing items or repair damaged goods as quickly as possible.
3.9 Any discrepancies in the Cabin(s) from the original order or signed drawings will be rectified on site and all the necessary materials and instructions for the alteration will be provided.
3.10 The Company does not accept any responsibility or liability for errors, misrepresentations of any specifications and/or drawings, wrong construction methods, negligence or bad workmanship of third party contractors, builders, other trades or customers own erection teams without the Company's supervision.
3.11 The Cabin(s) timber kit is delivered untreated and needs to be treated or painted once erected. The timber treatment is not included in the standard installation package. The Company can undertake the painting or timber treatment of the cabins as an additional service available at request. The Company is not accepting any responsibility for damages caused if the wrong type of timber treatment is used by a third party.
3.12 If the Cabin(s) is fully installed and erected by the Company, the warranty for the structure extends to 10 years.
4. Alteration in Specification
The Company reserves the right to make any changes in the specification of the Cabin(s) which does not materially alter its purpose or function or where it is necessary to conform to any applicable safety or other statutory requirements.
5. Planning permissions and Building Regulations
The Customer shall ensure that the installation of the Cabin(s) does not contravene any planning or other regulation or legislation and the Company accepts no responsibility for the failure of the Customer to comply with such regulations or legislation and the Customer shall indemnify the Company in respect of any failure to do so. The submission of any documents or forms to the Planning Office or Building Control Office is the Customer’s responsibility. The Company supplies the Customer with a set of working drawings for the kit and the parts list. No architectural drawings, 3D models, visualizations, site plans, structural calculations or other documents are included in the Cabin(s) price unless previously agreed and confirmed in writing.
6. Property and Risk
The risk of the Cabin(s) shall pass to the Customer upon receiving the delivery of the Cabin(s) and responsibility for effecting and maintaining insurance cover passes to the Customer at that time. Title of the Cabin(s) 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 Cabin(s).
7. Price and Payment Terms
7.1 The price and delivery charge for the Cabin(s) shall be in accordance with the price list issued by the Company from time to time and shall be set out in the order confirmation. The price and delivery charge shall be inclusive of any value added tax or any other applicable tax unless the 0% VAT applies (subject to conditions).
7.2 The Company accepts the following payment methods: bank transfer, cash transfer, banker’s draft or personal cheque.
7.3 Any purchase under value of £10,000 is payable in full on order.
7.4 Subject to other provisions in these Terms and Conditions a deposit of 50% (fifty per cent) of the full purchase price is payable on ordering the Cabin(s) from the Company. The balance of the price is payable 10 days before the dispatch of the Cabin(s). Time for payment shall be of the essence.
If the cabin(s) are ordered on a supply and fit basis the payment of 50% (fifty per cent) is required on order, further 45% (forty five per cent) 10 days before the dispatch from the factory and the remaining 5% (five per cent) on completion of the works. Any outstanding snagging is treated as per application and reasonable retention retained to the customer until the works are finished. The retention however should not be larger than the estimated cost of the snagging.
If the Cabin(s) are ordered on a supply and fit basis and the order value exceeds £100K (one hundred thousand pounds) the payment of 50% (fifty per cent) is required on order. Further 30% (thirty per cent) is due 10 days before the dispatch from the factory. That payment can be made to a solicitor’s account that will satisfy MCG Garden Buildings with the letter confirming cleared funds to be released to MCG Timber Buildings upon arrival of the Cabin(s). Alternatively a Letter of Credit will need to be presented by the customer in favour of MCG Garden Buildings to guarantee the further payments. Further 15% (fifteen per cent) is payable upon arrival of the Cabin(s). The remaining 5% (five per cent) is payable on completion of the works. Any outstanding snagging is treated as per application and reasonable retention retained to the customer until the works are finished. The retention however should not be larger than the estimated cost of the snagging.
7.5 The Customer shall make the full payment due without any deduction whether by way of set-off, counterclaim or otherwise. No payment shall be deemed to have been received until the Company has received cleared funds.
7.6 The Company reserves the right to alter the price list at any time without prior notice.
7.7 The Customer is liable for all the charges made to the Company for any special arrangements with payments and with any letters of credit or solicitors fees incurred due to the payment schedule organized via solicitors or any other fee not related to the Cabin(s) construction.
8. Failure to Make Payment and Late Payments
8.1 Any delay in making payments according to agreed terms and payment schedule can and will affect the delivery and/or building schedule. It is the Customer’s responsibility to ensure that the payments are made on time and with sufficient time for clearing of the payments.
8.2 If the payment has not been cleared to the Company’s account on time, then any deliveries due out to the Customer will be redirected to a warehouse or a storage depot. Once the payment has been made the goods will be redelivered. The Customer is fully responsible for any redelivery and storage charges incurred due to the delay in payments.
8.3 If the Customer fails to make any payment on the due date then without prejudice to its other rights and remedies the Company may charge an administration charge of £45 and interest both before and after judgment on the amount unpaid at the rate of 4.5% per month until payment is made in full with a part of a month being treated as a full month for the purposes of calculating interest. Notwithstanding this provision, the Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
8.4 Notwithstanding the above, if a payment has not been made on the due date, the Agreement may be terminated forthwith by the Company serving no less than 48 hours written notice to the Customer, whereupon the Company shall be entitled to remove the Cabin(s) and for such purpose the Company shall have an irrevocable license or authority to enter the installation site with such transport as may be necessary to recover the Cabin(s). The Customer shall provide all reasonable assistance to the Company to enable the disconnection of the electricity supply and dismantling and removal of the Cabin(s) from the site.
8.5 In these circumstances the Customer shall be liable for all removal charges together with the cost of arranging for an electrician to disconnect the power supply.
9. Enforceability and Severability
Any provision of these terms and conditions 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.
10. Amendment
These Terms and Conditions shall not be amended, modified or varied except in writing signed by a director of the Company.
11. Assignment
11.1 The Customer shall not be entitled to assign or transfer the benefit of the Agreement or any part of it without the Company’s prior written consent.
11.2 The Company may assign the Agreement or part of it to any person, firm or company.
12. 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 Cabin(s). The Company does not accept any responsibility for any loss or damage caused by delays, interruptions, misinterpretations or errors in transmission which are abnormal and unforeseeable and outside reasonable control or caused by Customer’s late payments or other third party performance or non performance. In any case the Company will not be liable in any circumstances for any loss of business, goodwill or any type of consequential or indirect loss whatsoever.
13. 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 reasonable control.
14. Termination
If the Customer shall go into liquidation whether compulsory or voluntary (except for 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 Customer or the Customer being an individual shall become bankrupt or make any arrangement with its creditors, then the Company shall be entitled to immediately recover from the Customer all sums then due and all losses arising to the Company as a result of such circumstances arising, and shall be entitled to give written notice to the Customer to terminate the Agreement.
15. Notices
Any notices to be given shall be in writing and be deemed to be given if left at the 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 dispatch if sent by post or on receipt of a transmission in legible form if by facsimile or on delivery if by hand.
16. Waiver
No failure or delay on the part of the Company to exercise any right or remedy under these terms and conditions shall be construed or operate as a waiver thereof. The rights and remedies provided are cumulative and are not exclusive to any rights or remedies provided by law.
17. Governing Law
Any claim or dispute arising out of these Terms and Conditions shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
18. Deliveries
18.1 Delivery cost is not included in the prices unless otherwise stated on your invoice. Delivery charges and time is subject to a Cabin(s) size, manufacturing time, and delivery post code. Notification of delivery dates and times will be confirmed with the customer by the Company or the relevant body (shippers or road hauliers) minimum of 4 hours beforehand. Changes in delivery dates and times can occur due to traffic conditions, strikes, road works, or other reasons. The Company will ensure that the customer is informed about the delivery dates and times should any delay occur.
18.2 It is the customer’s responsibility to ensure that there is access to the site for an articulated lorry measuring total of 17m in length, 2.55m in width and 4m in height and reasonable means are provided to unload the Cabin(s). The Customer needs to unload/organize the unloading of the kit with a forklift truck with minimum of 3.5 tons lifting capability. It is the Customers responsibility to make sure that the Forklift truck is suitable for the purpose/terrain. The pack sizes can be up to 6.5m in length and 2.4m in height. Individual beams can be up to 13.5m long. The Company can provide crane vehicles or forklift trucks for unloading by request at an additional cost. The Customer must ensure the booking for any additional haulage, access or unloading services needs to be made and paid in full minimum of two weeks before Cabin(s) are dispatched from the factory.
18.3 Additional deliveries are expected for some parts of the orders and/or some additional materials ordered.
18.4 If the delivery is not able to be unloaded by the customer as detailed in the above requirements, the full cost of storage and redelivery at an alternative time will incur to the customer, as our delivery obligations were met with the initial delivery attempt. Until the full payment for storage and redelivery charges have been received no redelivery will be made.
18.5 All goods must be checked on delivery, no claim for damage during transit will be accepted unless a note is made on the delivery sheet. This sheet must be signed and any information relating to the damage must be recorded on it & a copy retained by the Customer & delivery driver. Notification must be made within 7 days of delivery.
18.6 Once the goods have been delivered and accepted by the Customer the Company is no longer liable for any loss or damage.
