Below are the terms and conditions upon which Premier Garden Creations are prepared to provide products and related services to you.
1. Entering into a legally binding contract:
There are two ways in which a legally binding contract will come into existence between you and us:
Where you sign one of our quotations, yourself and Premier Garden Creations will enter into a legally binding contract on the date which you sign
Where you enter into an oral agreement with Premier Garden Creations after you have received our estimation or quotation, there will then be a legally binding contract upon the date of our oral agreement.
We strongly suggest that you read through these Terms and Conditions thoroughly before signing a quotation or making an oral agreement with us for providing products or services. Should you have any enquiries, or require further information about the products and services that Premier Garden Creations can provide for you, do not hesitate to contact us via the form on our website.
2. Dates and Times of Services:
Upon receiving the details of your requirements, we will inform you of the estimated time scale for completion of the services or products you have requested and will agree with you when the services will be carried out.
Premier Garden Creations will always aim to carry out all services by the dates and times that we have either notified with you or agreed. However, we cannot guarantee or provide a firm commitment that: a) we will commence the performance of a service by a specified date or time, b) that all services will be completed by any specified date or time or c) that any individual part of the services will be completed by a specified date or time.
Situations or events outside our reasonable control:
Certain situations or events which occur are not within our reasonable control, and in such a situation Premier Garden Creations will generally attempt to resume working on all services or products as soon as the situation prohibiting us has been resolved. In such circumstances there may be a delay (sometimes substantial) before we can begin or resume carrying out the services. Examples of situations or events that we consider to beyond our reasonable control are as follows:
- where inclement weather conditions make it unsafe or impossible for us to carry out the services you have requested;
- where materials we have ordered have not been delivered on the agreed date or time from the supplier (and an alternative supplier cannot offer us a replacement at all, or within a reasonable time frame, or where alternative suppliers charge an excessively higher price compared to the original supplier);
- where you have requested an alteration to the services that you wish us to perform (and this results in further work for or waiting for new and different materials, for example);
- where it is necessary for us to wait for any other service providers (engaged by you) to finish their work before it is possible for us to perform our services (or the relevant part of the services dependent on the other provider if ordered at a short notice);
- where it is impossible for us to gain access to the premises to carry out services on the agreed times and dates;
- where you have agreed in order for us to perform services and the premises have not be readied by you;
- where any other unavoidable or unforeseen events and situations occur that are beyond our control;
4. Things you will need to do:
You must obtain all the necessary approvals, consents and permissions before we begin carrying out a service, (for example if one of our services requires planning permission, you must have obtained this before work can begin). You must allow us to gain access to the premises on the agreed dates and times for us to perform services. During the times that Premier Garden Creations are performing a service for you, you must: allow us to use electricity from normal 220/240 volt 3-pin sockets; allow us to gain access from the water supply; provide us with the necessary means to both access and leave the premises; allow us to leave any tools and materials at the premises on dates and times when services are not being carried out; and allow us to use your washing and lavatory facilities.
5. Restrictions and assumptions:
Premier Garden Creations will not provide structural surveys or provide advice and opinions on structural or other building related matters. Such advice, information and surveyance services require the consultation of chartered or other professionally qualified surveyors. Upon beginning services, we will assume that all the measurements, facts and information you have provided to us are true and accurate, and we will not accept liability for any damage or loss caused when we perform our services reasonably reliant on this information. We will, however, be responsible for any measurements that we make or provide ourselves. Descriptions, illustrations, specifications or drawings that we submit to you do not form part of our agreement or representations as they are merely intended to represent a general idea of the goods and services we offer. .
6. Price and payment:
All of our charges at Premier Garden Creations are based on a quotation/estimate, normally valid for a period of 3 months after the date they have been given. If we provide you with a quotation, we will charge you the amount stated within it rather than charging on the basis of the time it will take to perform a service. However, where an estimate is provided by us, this is not a binding indication of how much we will charge. There are times when we may need to charge you a higher amount than stated in the estimate/quotation, particularly where:
- the service that you require us to carry out changes, or the amount of work you need us to provide is different to what we agreed before commencing work on a service [and as stated in the estimate or quotation];
- Where it becomes apparent that the type of work involved in a service or the amount of services we will need to perform is different to what we agreed before starting to carry out a service, and where this could not have been reasonably foreseen before we began the work.
Payment is required for our Services in the following way:
6.1 A deposit of 30% when you and we enter into the contract and;
6.2 The balance when we finish performing the Services;
6.3 Late payment: Any payment amounts that are due must be paid at the times detailed above. If you fail to pay any amount due to us at the time it is due then we may charge you interest at Barclays Bank base interest rate plus [5%] on any outstanding amounts if those outstanding amounts remain unpaid for more than 14 days from the due date
6.4 Refusal of payment: You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services or in any Materials. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
Any materials that Premier Garden Creations purchase or use for the services you have requested will be of satisfactory quality, new and fit for purpose. Some materials have inherent imperfections or variations when they are made or manufactured. If the goods we have used contain inherent imperfections or variations due to or caused by their manufacture or making, we will not be in breach of our obligation to provide you with materials that are fit for purpose, or complying with any description, or of satisfactory quality. Until full payment for a service has been received by us, we shall own the materials. If you wish to supply your own goods or materials, we cannot accept liability regarding whether they are fit for the purpose of which they are to be used or their quality.
8. Cancellation by you:
Upon entering into a legally binding contract with you, you will normally be unable to cancel the contract, unless we have agreed or as otherwise provided for within the contract. If we have agreed to cancel a contract, you will be responsible for the cost of:
- any materials that we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled)
- any of the time we have provided in performing services up the date where we stop providing them
If we have purchased any materials (but have not yet used these in performing a service for you) will be delivered to you. In such a circumstance, we will begin by deducting the amounts for which you are responsible to pay from any deposit you have paid, and any remaining deposit will be returned to you. If the amount that you owe is greater than that of your deposit, we will invoice you for the amount in excess of the deposit. We are not obligated to accept your cancellation if: you purport to cancel the contract; or give notice purporting to cancel; or do not fulfil your obligations (such as by not paying any amounts owed to us) in a way which amounts to you cancelling the contract. However, should we choose to accept a cancellation, you will be required to pay us a reasonable amount for any losses and costs we may have suffered (including a loss of profit). In such a situation, if you have paid a deposit this will be retained and if we deem that our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will still require you to pay for our losses and costs in excess of the retained deposit.
9. Limitation and exclusion of liability:
We shall not be liable to you for any loss of profit, indirect or special consequential loss expenses or other claims other than those arising from a breach of the Supply of Goods and Services Act 1973 or the Supply of Goods Act 1979 (as amended), or in respect of death or personal injury caused by our negligence. We will accept no liability for the improper use by you of any goods supplied by us or in respect of their repair, modification or adjustments unless carried out by Premier Garden Creations.
10. Contracts (Rights of Third Parties) Act 1999:
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not; give any person who is not a party to it any right to enforce any of its provisions.
11. Law and jurisdiction:
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.
All drawings, designs and plans are the copyright of Premier Garden Creations and may not be used by anyone else without permission.