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TERMS AND CONDITIONS

 

DEFINITIONS

The ‘Company’ referred to is Cedar Living. The ‘Customer’ is the person, firm or company purchasing a service or product from us, the Company.

 

CEDAR LIVING is the trading name of INGRAM CREATIVE ENTERPRISES LTD, registered in England and Wales, company number 6300021, registered office at Unit 39, Airport House, Purley Way, Croydon, CR0 0XZ. VAT number is 171178019. 

 

APPLICATION OF THESE TERMS AND CONDITIONS

  1. Any customer entering into an agreement with Cedar Living is in acceptance of these terms and conditions provided. The customer is responsible for obtaining a copy of these terms and conditions for their reference.

  2. Cedar Living reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time. 

  3. No variations of these terms and conditions shall be of any effect unless agreed by the Company in writing.

  4. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

  5. The contract is subject to and governed by English law; it is operated as an English contract with all contents construed as such. Should any dispute arise from this contract, it will be referred to the English court system.

 

OUR PRODUCTS

  1. Cedar Living website, it’s brochures and any drawings serve as a guide only and do not form part of any contract.

  2. Precise measurements indicated on the website, brochures, sales diagrams, and on any order, documentation are subject to reasonable levels of tolerance.

  3. The Company reserves the right to alter specifications without prior notice. Changes to product specification are rare and reasons for doing so may include, but are not limited to, improving general quality or efficiency of the product, because the material is no longer available to the   company or for drastic changes in material costs. The company will always endeavour to inform the customer when any significant specifications are to be amended.

 

PRICING

  1. The price for the products and services is EXCLUSIVE of value added tax (vat) and such other charges that may apply.

  2. If the price of the Products and Services increases for any other reason between the date of the Order and the date of delivery and/or completion the Company will notify the Customer of this. Where possible the Company will attempt to source cheaper alternative Products or Services.

 

PAYMENTS

  1. A 50% deposit is required prior to the commencement of building and installation. A further 30% upon request in the form of an invoice. The final payment of 20% due immediately on final day of completion.

  2. If additional minor works (i.e. plastering, painting, electrics, trimming) or any remedial action is required after the main installation, a proportionate retention (reflecting the cost of outstanding work) is agreed between the company and the customer until the outstanding works are completed. 

  3. The Company reserves the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes, and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.

 

CANCELLATIONS

  1. All garden rooms designed and manufactured by Cedar Living are made to order to customer specifications and as such are exempt from cancellation rights.

  2. Cancellation of the works by either the customer or the company must be confirmed in writing and shall not be accepted as cancellation of the works without such confirmation.

  3. The customer may cancel the works at any time but accepts that financial loss may occur in doing so. Cancellation by the customer before the initial payment shall incur no financial loss by the customer. Cancellation by the customer after any payment has been received by the company shall result in the loss of the full amount paid to date by the customer.

  4. The company reserves the right to cancel an order at any time, for any reason. In the event of Cedar Living cancelling an order, a full refund, excluding any costs that have been incurred by the company up to the point of cancellation, will be given to the customer.

 

TERMINATION

  1. Either party may terminate this agreement immediately in the event that a) Either party commits a serious, grave or material breach or persistent breaches of this agreement including non-performance, default or neglect of its duties, responsibilities and obligations under this agreement, and b) Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy.  

  2. This Agreement may be terminated in the event that the Customer fails to make payment in accordance with the terms of this Agreement.

 

PLANNING PERMISSION & BUILDING REGULATIONS

  1. Planning consent is not normally required for garden rooms; however, it is the customer’s responsibility to ensure that planning consent is not required for the installation of the product. The company’s advice on this matter is for information purposes only.

  2. It is the responsibility of the customer to declare to the company if the property at which the works are to take place is within an Area of Outstanding Natural Beauty, Site of Special Scientific Interest, National Park, Conservation Area, or World Heritage Site. Such declaration must be made at the        time of the Initial Site Survey and Customer Consultation. Failure by the customer to make such a declaration before the company issues the quotation will result in all costs for the removal or alteration of the works being payable by the customer. Payment for such work must be made prior to the company returning to carry out such work.

  3. Fees paid to a Local Planning Authority or Building Control organisation by the company on behalf of the customer must be paid in advance by the customer to the company.  

  4. The customer is responsible for confirming where the garden boundaries lie. Any abortive work or costs incurred by the company as a result of boundary disputes shall be paid for by the customer.

  5. The customer is responsible for notifying the company in writing of any Tree Preservation Orders which may affect the works. Such notification shall be issued prior to the works commencing on site. The company shall not be held liable for any costs arising from claims for compensation for damage to adjacent trees.

 

SCHEDULED DATES

  1. Cedar Living always seek to honor agreed installation dates. On rare occasions when circumstances require delivery dates to alter, Cedar Living will not be responsible for changes due to situations outside of our control such as extreme weather, traffic, access or delay in materials from our suppliers. 

  2. Cedar Living will not be responsible for any expenses or charges experienced by the client as a result of delays in installation. The company has no financial responsibility for return visits to work on the building beyond what is reasonable and agreed between Cedar Living and the client. 

  3. Cedar Living will not be held responsible for any time frames regarding instillation either as a start date, duration, or build completion. All agreed time and dates are specified as estimates and never absolute. 

  4. If agreed post-construction optional extras work such as, but not limited to: plastering; electrics; painting or air conditioning installation, is cancelled after it has been agreed, a proportional charge as determined by Cedar Living stands. 

 

THE WORKS

  1. Any costs incurred by the company as a result of the customer failing to prepare the site prior to the commencement of the works shall be reimbursed by the customer. The company shall list any such preparation work in their Initial Site Survey and Customer Consultation document and quotation. 

  2. The customer is responsible for providing all necessary parking permits, access and permissions in advance of the commencement of the works. The company requires access to water and electricity on site.

  3. The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement. 

  4. The company shall not be held liable for any damage to the customer’s property caused during the works. The customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas. The company shall take all reasonable precautions to protect the customer’s property from such damage.  

  5. The company shall not be liable for any costs associated with soft landscaping work carried out as a result of wear and tear to the customer’s lawn. 

  6. The company reserves the right to withdraw its workers from site where they deem the working conditions to be unacceptable in accordance with current Health and Safety Regulations. In such cases the company will discuss any necessary changes to the working environment or conditions with the customer which must be carried out before works can continue. 

  7. The site survey completed during the Initial Site Survey and Customer Consultation is a visual inspection only and the company cannot be held liable should any underground obstruction be discovered on commencement of the works. 

  8. The company reserves the right to cancel or postpone any works should unforeseen circumstances arise that affect the company’s ability to fulfil an order. In the event that the company cancel the total installation of an order a full refund will be given to the customer, unless it is found that such unforeseen circumstances have been directly caused by the customer. 

 

FOUNDATIONS

  1. The customer is responsible for confirming that the position of the product, as set out on site by the company prior to its construction, is correct. Any costs incurred by the company as a result of the customer changing the position of the product after the supporting structure has been completed shall be reimbursed by the customer. 

  2. If an existing base has been used e.g. concrete slab, the company shall not be held liable for subsidence or settlement issues. 

  3. Arisings from the works shall not be removed from site unless agreed in writing prior to the works commencing.

  4. The Company will not be held liable for any issues with regards to the height of the building if the customer has not levelled the site/ground in accordance with the Site Preparation Notes.

 

GROUND, GUTTER, AND ROOF MAINTENANCE 

  1.  It is the client’s responsibility to provide adequate ventilation and maintain necessary space around the construction to limit possible damp from external obstacles such as, though not limited to: branches; logs; compost and general vegetation. 

  2.  It is the customer’s responsibility to maintain clear gutters and a roof free from obstruction. 

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