GENERAL TERMS AND CONDITIONS OF SALE PERGOLAS & VERANDAS IS THE TRADING STYLE FOR FURN4 LIMITED

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  1. Introduction

1.1    These terms and conditions shall govern the sale and purchase of goods and services supplied by Pergolas & Verandas and shall prevail over any terms and conditions of the Buyers (apart from any alterations or deviations from these conditions specifically agreed by Pergolas & Verandas in writing).

1.2    All quotations issued by Pergolas & Verandas are governed by these terms and conditions and any acceptance of a quotation by a Buyer is deemed to be an acceptance of these terms and conditions.

2. Interpretation

2.1    In these terms and conditions:

(a)    “P&V” means Pergolas & Verandas, which is a trading in the style of Furn4 limited; and

(b)    “Buyer” means the party or customer or prospective customer who offers to accept a quotation from P&V and whose offer is accepted by P&V,

3. Basis of Contract

3.1    All quotations issued by P&V shall be valid for a period of 30 days from the date of issue or as otherwise indicated on the quotation.

3.2    The Buyer’s acceptance of a quotation or their submission of a purchase order constitutes an offer by the Buyer to purchase the goods and services. No binding contract shall be concluded between P&V and the Buyer until P&V has issued to the Buyer its formal acceptance of the offer in writing AND received the Initial Deposit detailed in the quotation.

3.3    Prices for services included in any quotation are based upon unrestricted and uninterrupted access to the Buyer’s premises until completion of work.

3.3    P&V will use its best endeavours to deliver and install the goods and, where appropriate to complete all services at the prices and within the time estimated in the order but P&V shall not be liable for any loss or damage whatsoever suffered by the Buyer as a result of any failure by P&V, for whatsoever reason, to deliver or to complete the services within the time so specified. Unless specifically agreed in writing. Timing is not of the essence of the Contract.

3.4    Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by P&V shall be subject to correction both before or after the Contract is concluded without any liability on the part of P&V.

4. Products

4.1    The property of the goods, whether fixed or unfixed, shall not pass to the Buyer until the full Contract Price of the goods owed by the Buyer to P&V in respect of the goods (excluding any installation or assembly price) shall have been paid in full. Such goods are referred to as the “related goods”. Until payment of all such sums the Buyer shall hold the retained goods in a fiduciary capacity for and on behalf of P&V.

4.2   Until such time as the property in the retained goods passes to the Buyer P&V shall be entitled to require the Buyer to return the retained goods and shall be deemed to irrevocably authorise P&V to enter upon any of the Buyers premises to remove the retained goods.

4.3   The repossession of retained goods by P&V in accordance with this condition shall be without prejudice to all or any of P&V’s other rights under the Contract.

4.4   The Buyer shall not be entitled to pledge in any way of security for any indebtedness the retained goods or any part of them which remain the property of P&V but if the Buyer does so all monies owed to P&V shall, (without prejudice to any other right or remedy of P&V), become due and payable.

5. Delivery and Risk

5.1    All goods delivered to the Buyer whether fixed or unfixed and notwithstanding clause 4.1 above shall be at the sole risk of the Buyer and in the event of the goods or any part thereof being lost, damaged, destroyed or stolen, howsoever occurring before payment in full has been made to P&V, the Buyer shall nonetheless pay to P&V the full value of any such goods and the full value of any of the work damaged, destroyed or lost together with any additional costs incurred by P&V in replacing any such goods and in reinstating or restoring any such work provided, however, that the Buyer shall not be responsible for any damage or loss sustained arising solely from the negligence of P&V, its servants or agents. 

5.2   Delivery of the goods shall be made, and risk of damage to or loss of the goods shall pass to the Buyer when P&V delivers the goods to the Buyer or to a place designated by the Buyer.

5.3   Claims against P&V for short or incorrect delivery shall be notified to P&V in writing within 7 days of receipt of the goods. P&V shall make good the shortage or errors in delivery within a reasonable time thereafter and P&V shall not thereafter be liable for any loss whatsoever arising out of such shortages or errors in delivery.

6. Compliance with Laws, Regulations and Planning Requirements

6.1    It shall be the sole responsibility of the Buyer to comply in every respect with all relevant planning and building regulations requirements, statutes, order in council, regulation, by-laws or other lawful requirements and to obtain all necessary consents, licences, permits or authorities which may be required in connection with the goods and any work to be performed pursuant to the Contract.

7. Strikes etc (Force Majeure)

7.1    P&V shall not be liable to the Buyer if it is unable to carry out any provision of the Contract for any reason beyond its control including, but without limitations to, Acts of God, legislation, war, civil commotion, fire, flood, drought, adverse weather, failure of power supply, lock­out, strike, stoppage or other action by employees or the parties in contemplation or furtherance of any dispute or owing to any inability to procure parts or material from suppliers required for the performance of the Contract.

7.2    P&V shall notify the Buyer as soon as reasonably practicable after the circumstances preventing performance arise. During the continuance of such a contingency P&V may, in its absolute discretion withhold, reduce or suspend performance of its contractual obligations, without liability to the Buyer for any loss or damage whatsoever suffered directly or indirectly by reason of any such withholding, reduction or suspension.

8. Warranty

8.1    If within the specified warranty period of the goods after delivery a material defect shall be discovered and:

(i)     The Buyer notifies P&V in writing within fourteen days after discovery giving full particulars and either at its own expense and risk {where the goods have not been erected or installed) return the goods to P&V or at P&V’s sole option permits P&V to inspect the same; and

(ii)  Such defect has arisen from faulty materials employed or workmanship carried out by P&V, existing but not discoverable upon inspection at the time of delivery of the goods, or (as the case may be) completion of the work P&V shall at its sole option supply replacements or (as the case may be) rectify the defective work. This condition shall apply to repaired or replacement goods or work.

8.2   P&V liability under this condition applies only to defects appearing before the Buyer makes any modification or alteration to the goods and whilst the goods are being properly used, stored, operated or maintained and in particular (but without limitation) P&V shall not be liable in the case of defects arising from:

(i)     Normal deterioration.

(ii)    Improper or faulty handling, installation, operation or maintenance.

(iii)   Repair or modification of the goods or work by or on behalf of the Buyer.

(iv)   Defects in or subsidence to or poor quality of any structure or surface to which the goods are affixed or attached.

(v)    Failure to treat or operate the goods in accordance with P&V’s or manufacturers installation or operation instructions.

8.3   The Buyer’s rights against P&V under this condition are not assignable.

8.4   Unless otherwise stated in the Contract, P&V guarantee all materials for a period of 5 years, from installation, subject to normal use/maintenance and subject to normal fair wear and tear and the motors for 5 years. The guarantee is fully inclusive for the first 2 years and from year 3 until the end of year 5 a callout charge is applicable per visit.

9. Limits of Liability

9.1    The goods are supplied strictly on the terms that the Buyer has satisfied itself of their suitability for its purposes. The Buyer acknowledges that all specifications and details on the P&V website, in catalogues, quotations and acknowledgements of order or similar documents or by word of mouth and all forecasts of performances, howsoever given, are approximate only and do not form part of the contract.

9.2   P&V’s liability under conditions 5.3 & 9 shall be accepted by the Buyer in lieu of any warranty or condition, whether express or implied by law, as to the quality or fitness for any purpose of the goods. For the purposes of this paragraph P&V contracts on its own behalf and on behalf of and as trustees for its subcontractors, servants and agents.

9.3   P&V shall not be liable, whether by the way of indemnity or by reason of breach of contract, tort or breach of statutory duty or in any other manner for consequential or indirect loss of whatever nature suffered by the Buyer or for special damages, loss of use, (whether complete or partial) of the goods, or loss of profit or of any contract.

9.4   Nothing in these conditions shall be construed as limiting or excluding the statutory rights of the Buyer.

9.5   Nothing in the contract shall limit the liability of P&V to the Buyer for death or personal injury resulting from its negligence (as defined in the Unfair Contract Terms Act 1977), for fraudulent misrepresentation, for breach of P&V’s obligations arising from Section 12 of the Sale of Goods Act 1979 or for any liability which cannot be excluded by law.    

9.6   Except as stated in Condition 9.5, the aggregate liability of P&V to the Buyer (including liability for recovery of sums paid by the Buyer and for all damages, costs and expenses) with respect to all claims under or in connection with the Contract shall be limited to the total contract price for goods and services which gave rise to the liability.

10.Governing Law

10.1   The contract shall be governed by the law of England.

11.Cancellation

11.1   The Buyer can cancel this contract if they wish to do so but MUST GIVE NOTICE OF CANCELLATION IN WRITING TO P&V WITHIN 7 DAYS of award of the contract. The Notice of Cancellation shall be posted to: The Commercial Director at Furn4 Ltd, Unit 19 Bordon Trading Estate, Bordon, Hampshire, GU35 9HH. Alternatively, written notice may be sent by electronic mail to: info@pergolasandverandas.co.uk. Where the Notice of Cancellation is posted then it is deemed served on the day of posting or if sent by electronic mail the day that such notice is sent to the correct address by the Buyer.

11.2   As soon as reasonably practicable following receipt of a valid Cancellation Notice from the Buyer, P&V shall refund the deposit it has received in connection with the order to the Buyer less the non-refundable portion of the deposit as detailed in the contract, if any.

11.3   If goods have been delivered to the Buyer pursuant to the Contract, then on receiving a valid Cancellation Notice, P&V will arrange collection of those goods as soon as reasonably possible. The Buyer must take reasonable care of the goods prior to collection and provided that P&V has first refunded to the Buyer any deposit (less reasonable costs of collection) the Buyer must provide such assistance as is reasonably required by P&V to enable it to collect the goods from the Buyer’s premises.

11.4   If the Buyer wishes to cancel the contract between 7 days and 14 days (inclusive of 14th day) after the award of the contract then the amount (if any) of deposit to be refunded will be at the total and sole discretion of P&V. In any event and under all circumstances a minimum 5% of contract price shall be non-refundable.

11.4   if Buyer wishes to cancel the contract more than 14 days after the award of the contract then there will be no refund of the initial deposit paid by the Buyer.

12. Terms or Payment and Late or Non-Payment

12.1   Supply and install of Pergolas, Verandas, Glass Rooms, Garden Rooms, Glamping Pods, Awnings, Parasols, etc:

(i)  Initial Deposit –an Initial Deposit of 60% of the total quotation price is to be paid upon award of the Contract or placement of the order.

(ii)  Unless otherwise stated in the Contract, 95% of the total quotation price, less the initial deposit paid, is due to be paid 4 weeks after award of the Contract or placement of the order and prior to shipment of the goods from the manufacturer.

(iv)  The remaining 5% payment shall be paid upon satisfactory completion of the installation of the goods.

(v)    In the event of the Buyer being unable to accept delivery of the goods 30 days after receipt of notice from P&V that the goods are ready for despatch and installation then storage charges may become payable, at the sole discretion of P&V.

(vi)   In the event of non-payment on completion, P&V reserve the right to re-invoice the total amount payable, not including any discount previously given.

(vii) Interest will be charged monthly on unpaid accounts at the rate of 4% above the Interbank Rate as published in the Financial Times. The warranties described in section 8 shall have no effect unless the account balance has been settled.

(e) Where the contract is cancelled for whatever reason, the Buyer shall indemnify P&V in full against all expenses incurred up to the time of cancellation.