Terms and Conditions
The following conditions comprise the standard terms of business of the Company and all work undertaken shall be on these terms to the exclusion of any others unless specified in writing and signed by both parties.
Terms & Conditions:
The following terminology applies to these Terms and Conditions and any or all Agreements: 'Client', 'Customer', 'You' and 'Your' refers to you, the person accepting the Company's terms and conditions. 'The Company', 'Ourselves', 'We' and 'Us', refers to our Company. 'Party', 'Parties', or 'Us', refers to both the Client and ourselves, or either the Client or ourselves.
By paying the deposit and or signing the order you are agreeing to the terms and conditions as set out below
Planning and permission to build
It is the customer's responsibility to inform us should their property be on the Statutory List of Buildings of Special Architectural or Historic Interest, or reside in an area of outstanding natural beauty or conservation area. We should be notified of any other charges that exist on the property.
Any advice given by us with regards planning or regulations is purely advice. You should be independently satisfied that you understand these rules and regulations. Unless otherwise stated, we will accept no responsibility for buildings installed outside these rules and regulations. Whilst we may use other names when marketing our buildings, all our permitted development buildings are known as summerhouses.
Delivery
We make every effort to deliver goods within the estimated timescale; however delays are occasionally inevitable due to unforeseen factors including poor/extreme weather conditions, production and installation delays. Typically we will give you a week commencing and aim to be plus /minus 5 working days.
We will always keep you informed of any changes to dates as soon as poosible to minimise any inconvenience
We accept no liability for any cost resulting from extended delays in the start day or finish timescale.
Access
Most of our buildings will not go through doorways, under brick arches, bars over gates, electrical cables etc. We cannot lift buildings over walls, fences or flat roof garages. All our buildings can be made in smaller panels to accommodate such problems. If you have any concerns please discuss them with us. If there is no path to the base we cannot be responsible for any damage caused to lawns and landscaping.
Base:
If not being caried out by Bakers A firm and level base is required for the installation of our buildings. The outside dimensions of the base should be the same as the floor size of the building. We will not install any building on soil or grass. Please contact us if you need help or advice.
Recall Charge:
If, at the agreed delivery time, installation cannot be completed because access or base are unsuitable, the building will be left uninstalled. Under these circumstances the installation fee cannot be refunded and the customer will be asked to pay the costs of a recall charge.
It is the customer's responsibility that upon receipt, they confirm the building's plan drawing & orientation or advise and amend accordingly.
EPDM Roof:
The EPDM roof comes with a Firestone backed 10 year guarantee. It is a single rubber sheet and as such you may have ridges a ripples that appear and disappear due to movement and heat. As the roof is near flat you may also get puddling, both of these are perfectly normal and you should not be concerned.
Painted externals:
We recommend one of two products for external preservative. Sikkens is our natural colour range and Sadolin Superdec is the flat paint effect with over 250 colours to choose from. While every effort is made with the preparation of the timber, knots and other blemishes may bleed through and board shrinkage in the summer may show. We do have other external board options so please discuss if you have any concerns.
Black Edition and other dark colours.
As the final external coat of paint is applied on site by hand with rollers, we have found on sunny days and particular angles of the sun and your viewing position of the cladding, roller marks and blemishes can sometimes be seen despite our best efforts. Whilst we have done everything possible to reduce this, you may see some blemishes due to the hand finish nature of our product.
If you have any concerns on the finish of your building OR wish to discuss expectations of our painted options, please contact us.
We are extremely proud of the high level of finish on all our buildings, their design, structure and manufacturing process and would highly recommend a visit to our main showcentre where we have 16 buildings on display that act as the benchmark for quality and end result of every project from Bakers Garden Buildings
*UPVC & Aluminium products come with a 10 year limited warrantees please ask for details.
If Timber cladding the warranty requires that you inspect the room annually, and paint the externals every 2 years to maximise protection and longevity.
Laminate Flooring:
Whilst our laminate floor has a heavy domestic/light industrial grade of usage Bakers or the manufacturer accept no responsibility against loss of appearance, wear and damage caused by chair legs or castors. We highly recommend you use a product such as a mat which is specially designed to preserve the condition of the flooring it covers.
Internals
Please note that some surface cracking in the filler is normal. This can occur due to excesses of damp, cold or heat. We cannot take responsibility for redecoration, general wear and tear and scuffs. If you have any concerns please contact us for advice.
It is imperative that you keep your heater on a minimum of 12 degrees throughout the winter months, to avoid condensation
Doors and windows
Our doors and windows frames come with a 10 year limited warrantee. This comprises of 10 years for most items yet some parts such as locks, handles and running gear may have 2-5 years, this varies on the type of door you are having so please ask for further details on your exact door
We reserve the right to fit alternative brands of doors and windows to the ones show at the centre based on supply, stock issues and recommendations from our trusted door supplier.
Planning applications
The cost presented on any quotation or order for Planning, will include: the survey and advice, the drawing required for planning with a digital copy for you, the cost of a) making the application and the application cost itself. In some instances the Planning Officer may request further reports, for example: tree reports, heritage statements, an ecological survey. In these circumstances we have made no cost allowance for this and so this additional work will need to be paid for prior to the report commencing.
As Bakers offers the planning service at cost, we will also ask for a £1000 holding deposit for the quoted project, to cover the cost involved. This is fully refundable should planning not be permitted. If for any other reason you cancel the project this deposit will not be refunded.
Warranties
Warranties are valid only once full payment has been received.
If there is no good reason for the payment to be with held and the full payment is not received within 14 days of invoice presentation, we have the right to void the warranty indefinitely. In these cases this will be made clear to you in writing with 7 days notice to allow you time to respond.
In the event any issue should be discovered, you must give written notice to Bakers Garden Buildings Ltd within 14 days.
Our 2 year full warranty covers all aspects of the building on the basis that it is upheld as per our guidelines and the building must be protected every year with Sikkens or Sadolin Superdec.
It does not cover water ingress, felt damage, incorrect maintenance, or damage resulting from storm, flood or any other natural or man-made eventuality outside of our control. We are not responsible for any building contents damage resulting from water ingress and would highly recommend that items of value are insured with an independent insurer.
Our 10 year Structural warranty is on lined and insulated buildings runs in parallel to our 2 year warranty and covers solely the integrity of the building's frame on the basis that it is upheld as per our guidelines and the must be protected every year with Sikkens or Sadolin Superdec unless you have the full 10 year warranty noted below.
* Our 10 year full (limited) Warranty on executive buildings
When you combine a number of external product upgrades and have no external timber elements, we can offer our 10 year Full (limited) warranty.
The warranty requires that you inspect the room annually, and paint the externals every 10 years for to maximise protection/ decoration and longevity (excludes general wear and tear, scuffs or redecoration).
To the extent that any damages are due to acts of God, natural disasters (including, but not limited to,) Official/named storms, winds in excess of 50mph, hurricanes, lightning, tornadoes and earthquakes, bird, vermin or other animal, negligence, abuse or misuse, vandalism, repairs, alterations and accidental damage or attachments to the project are excluded from coverage under our warranty.
It is imperative that the building has continued air flow all around especially near ground level. We highly advise you to check every six months and ensure there is nothing preventing air flow such as, (but not limited to) build up of soil, growing foliage, compost areas, fallen leaves or anything leaning against the building.
In the event of a claim and any work required we do not accept liability for any other costs incurred; including but not exclusively - loss of earnings, removal and refitting of furniture/fittings.
Whilst some materials may come with longer warranties no individual item is warranted over 10 years as it works in conjunction with others that may not be. Please ask for details.
Due to continued development, Bakers Garden Buildings LTD reserve the right to amend internal and external trimming and finishing elements. Such as thickness , chamfers, pencil rounds and fitting design, without notification & as we see fit, to improve the finish and longevity of the building.
The warranty on materilas is supplier back and as such is activated from the first day of installation as materials are subject to the elements from this day.
Any remaining balance on a warranty is transferrable on the basis that we are informed of the name and contact details of the new property owner within one month of property completion date and is subject to the terms and conditions available on our website.
Electrics & Communications
Your electrics can be carried out under a “Minor works” installation with a domestic installer if 13amps or less. If you have decided, or have been recommended a minor works 13amp electrical installation we would politely like to note that this only gives you limited power. Whilst this enough to heat and light the room as set out in your internal electrics you would certainly have issues with kettle's, and even potentially the additions of fridges, freezers or other items that have an electrical demand.
All other electrical connections require a Part P certifications and our electricians are registered with either NICEIC or NAPET and you get their 5 year warranty (one year on parts).
While we do everything we can to ensure a robust electrical and communications connections, we will not accept any claim for loss of earnings if this were to be interrupted.
Plumbing
Whilst we do everything we can to ensure a robust and all year round water supply, there is always a potential in periods of minus temperatures that the supply may freeze. We will not accept any claim of loss of earnings if this were to be interrupted.
Integrated blind warranties
If you have opted to have the integrated blinds there are two brands and two alternative warranties
BGB: Offer 10 year on the glass and units with five years on the blinds
Morley: Offer 5 year on glass, units and blinds
Warranty from our Air-con Suppliers
Air conditioning is no longer about just cooling, it is more about providing all round climate solutions for your environment which are highly energy efficient and offer the latest environmentally friendly technologies.
We can arrange for our supplier to install Air-conditioning in your garden room. When your installation has been completed, our supplier offers preventative maintenance agreements and full after sales support backed by warranties.
Payment
Order deposits are non-refundable unless otherwise agreed by ourselves.
Our requested method of payment is credit card for the deposit and bank transfer for all other stage payments. We could accept credit card for the door and window stage payment by previous agreement.
The stage payments will be presented to you once the order is placed. We will only be asking for payment as costs are incurred, as we are always looking to find the balance for you the customer and the business. Once the payment plan has been presented you have 14 days to challenge this, after this time it is assumed you are happy wit the plan.
Once the door and window stage payment has been made, you are agreeing to entire project on the agreed dates +/- 5 days ans costs
All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance, per week until such time as the balance is paid in full and final settlement.
By paying a deposit and/or signing the order form, you hereby agree to these terms and agreements as outlined above
Discount terms
Any discount applied to your order is based on agreement to our stage payment schedule and that only the deposit is paid by credit card with all other payments made by debit card or bank transfer.
Any other terms agreed to offer a discount would be made clear, these could include, agreeing principle installation dates, access for videos after, writing reviews, or being a 'Bakers champion'
Legal Statement:
1. Definitions
'the Client' The individual, business or corporate body for whom the Services are provided.
'the Company' Bakers Garden Buildings including where applicable its employees, suppliers, servants, agents or sub-contractors acting on behalf of the Company.
'the Conditions' The provisions set out below which shall constitute a Contract between the parties.
'the Price' The fees due to the Company from the Client in payment for the Services.
'the Estimate' The documents from the Company to the Client setting out the Services offered by the Company to the Client including the Price.
'the Service' The work to be undertaken by the Company in accordance with the Estimate.
'the Goods' Any items produced or supplied by the Company in connection with the Service.
'the Site' The location to where delivery of the goods may be made or to where Services if any are required.
'the Variation' Any change, postponement, delay or amendment to the documented Goods or Service as contained in the Estimate.
'the Purchase Order' Method of engaging the Company to carry out the Service with a unique reference number .
2.Validity
The Services and Price contained in the Estimate remain valid for 90 days. The Company may withdraw or amend any Estimate at any time prior to Client acceptance.
3. Commencement and completion
3.1 The service will commence according to the schedule outlined in the Estimate. Whilst the Company shall endeavour to adhere to the schedule and complete the Service according to the timescale as agreed in the Estimate or any variant as agreed in writing, the Company shall not be liable under any circumstances for any delays or loss howsoever caused.
4. The Price
4.1 All prices include VAT (unless stated)
4.2 The price payable for the Services shall be as set out in the Estimate.
4.3 Prices may change by phone or writen changes from the client
4.4 Prices exclude other related services unless stated otherwise in the Estimate.
5. Payments
5.1 Unless stated otherwise in the Estimate, the Schedule of Payments shall be as follows:
50% of fees due upon commencement
50% of fees due upon completion
5.2 The client will be invoiced according to the Schedule of Payments and shall reference the Purchase Order Number.
5.3 Payment is due within 3 days of invoicing by transfer to the account of the Company as designated in their invoice.
5.4 Late payments shall attract a premium of 1.5% interest above base rate per month for the period by which the payment is late, measured as days over 3, from the date the invoice was raised.
5.5 No payments received will be refunded to the Client for whatsoever reason.
6. Cancellation
6.1 The Contract may be cancelled by the Client after accepting the Estimate and will be effective from the date that written notice of such cancellation is received by the Company.
6.2 Any part of the Service which has been completed or part completed before receipt of the written cancellation shall be paid for by the Client, including materials and all work in progress.
6.3 Any Goods which were specifically ordered or prepared for the Contract shall be paid for in full.
6.4 Any stage payments which fell due before receipt of the written cancellation shall be paid in full by the Client.
6.5 No monies already paid prior to notice of cancellation shall be refunded for whatsoever reason.
6.6 Company shall be entitled for reasonable compensation as it sees fit for any direct losses so incurred.
7. Title
7.1 Title in the Goods shall remain in the Company and only pass to the Client when payment in full has been made. The Client shall permit the Company to repossess its Goods at any time prior thereto or in the event that the Goods are at the premises of a third party then the Client shall if so requested by the Company remove the Goods from such premises and return to the Company forthwith.
8. The Company's responsibilities
8.1 The Company agrees to carry out the work according to the Estimate
8.2 The Company agrees to exercise all reasonable skill and care in the provision of the Services in accordance with the Estimate.
9. The Client's responsibilities
9.1 The Client will pay a deposite against the Estimate to confirm the order.
9.2 The Client agrees to pay the Company the charges, fees and expenses in accordance with the Estimate.
9.3 The Client agrees to pay for any agreed Variation to the Estimate.
9.4 The Client agrees to supply any Goods, Specifications or other services as necessary under the terms of the Estimate.
9.5 The Client will ensure that access to the Site is available. to the Company at all reasonable times if required and as particularly stated in the Estimate.
9.6 The Client must rely on its own skill and judgement in relation to accepting the Goods and Service provided by the Company.
10. Exclusions
10.1 Unless otherwise stated in writing in the Estimate, the following exclusions apply to the Goods and Services:
10.2 Training or instruction manuals.
10.3 and any other aspects of the Service which are judged to be reasonable exclusions.
11. Liability of the Company for Loss or Damage
11.1 The Company shall not in any circumstances be under any liability to the Client for any consequential loss, damage, claim or any other liability caused whether or not due to the negligence of the Company.
11.2 The total of the Company's liabilities arising under or in connection with the contract and for any subsequent phase of the work shall be limited to making good at its own expense any defects in the Service provided.
11.3 The Company accepts no liability whatsoever in respect of third party claims or for consequential loss or damage of any kind and the Client shall indemnify the Company against third party claims unless faulty materials or workmanship or negligence by the Company cause such liability.
12. Insurance
12.1 The Company hold sufficient and relevant insurance for liabilities in respect of damage to Goods, persons or property occasioned by their neglect and shall keep such insurance in force during the provision of work under the given Contract.
13. Variations and Alterations in the Price
13.1 In the event of the Site, schedules, specification, and criteria being changed howsoever arising the Company retains the right to make additional charges to the Client for accommodation, subsistence, transportation, labour and miscellaneous costs.
13.2 Additional Services requested by the Client and not included in the Estimate will be payable within 7 days of completion of the work.
14. Accelerated works
14.1 Should it be necessary to meet deadlines or timescales occasioned by delays outside the control of the Company, then the Company shall endeavour to meet such timescales but reserves the right to charge for any additional costs including overtime and weekend working. Such work shall be considered a Variation under the Contract.
15. Inspection
15.1 The Client shall be at liberty at all reasonable times to inspect the Goods or any part of the Service and to comment on any aspect of the work which they do not perceive as complying with the Contract. The Company shall endeavour to resolve any matters to the satisfaction of both parties.
16. Specifications
16.1 Any Specifications, designs and drawings or other documents referring to the standard of preparation of the Service shall be agreed by both parties before commencement of the work. The Client shall be solely responsible for the accuracy of same supplied to the Company and in conformity with which the Company is to supply the Service, notwithstanding that the Company may have examined, inspected or commented upon such Specifications, designs, drawings and other such information
16.2 The Company will endeavour to supply the Service to the Client requirements and to the accepted Specifications but reserves the right to modify or otherwise alter to the nearest equivalent standards should circumstances dictate.
17. Force Majeure
17.1 Whilst every effort will be made by the Company to carry out the Service, the full performance of it is subject to variation or cancellation by the Company consequent on Act of God, War, Strikes, Riots, Fire, Floods, Theft, Vandalism, or any other cause beyond the control of the Company.
18. Warranties
18.1 The Company warrants that it will work to generally accepted industry standards in the provision of its services and will use staff competent to carry out the work, including subcontractors.
18.2 The Company shall repair any defects or replace at its discretion should material faults occur in the provision of any Goods.
18.3 Both parties regard Health & Safety as paramount and will act at all times under the provisions of the Act.
20. Confidentiality
20.1 Each party shall treat as confidential all information which is confidential to the other. Both parties will keep confidential each other's business information to which they may have access as a result of the contract. It should be understood that no information contained in the Estimate should be divulged to any third party without prior written consent.
21. Termination by the Company
21.1 The Company may terminate the Contract by giving seven days notice in writing and without prejudice under the following circumstances:
21.1.1 If the Client shall fail to provide a satisfactory bank reference or should the Company discover that the Client is not credit worthy sufficient for the value of the Service being provided.
21.1.2 If the Client is in arrears for a period in excess of twenty eight days after payment has become due.
21.1.3 If the Client commits any material breach of the Contract where such a breach is incapable of remedy.
21.1.4 If the Client becomes insolvent or assigns its assets for the benefit of creditors to wind up the business, dissolve, liquidate or otherwise cease to trade business in the normal course. If the client enters voluntary or involuntary liquidation, this Contract will automatically terminate on day prior to the filing of such petition by or against the Client.
22 Termination by the Client
22.1 The Client may terminate the Contract by notice in writing if:
22.1.1 The Company is in material breach of any terms of the Contract which in the case of a breach capable of remedy is not remedied by the relevant party within 30 days of receipt of the Company of a notice from the Client specifying the breach and requiring its remedy.
22.1.2 The Company shall be incompetent, guilty of gross negligence in respect of its obligations or become incapable by reason of mental disorder of performing its duties hereunder.
22.1.3 The Company becomes insolvent or assigns its assets for the benefit of creditors to wind up the business, dissolve, liquidate or otherwise cease to trade business in the normal course. If the Company enters voluntary or involuntary liquidation, this Contract will automatically terminate on day prior to the filing of such petition by or against the Company.
23.Special Conditions
23.1 All final artwork must be signed off by the Client. Any changes thereafter will be treated as a Variance.
23.2 The quality of the printed material shall be determined solely by the choice of media and specifications as determined by the Client. Laser Proofs cannot be relied upon for colour and consistency.
23.3 All images used in the Service will be subject to royalty charges as appropriate.
24. Laws of England
24.1 The Contract shall comprise with these Terms and the Estimate the entire Agreement between the Parties and supersedes any previous understandings, commitments, agreements, representations whatsoever whether written or oral and may mot be amended except in writing by a duly authorised representative of both parties hereto.
24.2 The Contract shall be governed by and construed in accordance with the laws of England and the parties hereto submit to the jurisdiction of the English courts.