Company:
Aldesko Garden Rooms is a trading name of Fully Earthed Ltd, 30 Elm Grove, Bath, BA1 7BA reg.09040071

Customer:
The person(s), firm or company who purchases the garden office, product or service from the company.

Installation Site:
The address or site area specified by the customer for the installation of the garden office.

Garden Office:
The garden office, room, product or service specified in the order process and/or order confirmation (which for the avoidance of doubt shall not include any optional extras)

Non Structural Elements:
Means any parts of the garden office which are not structural elements or optional extras. Including (without limitation) all external fascias, internal trim, floor coverings, electrical installations, electric appliances, heaters, doors, windows, accessories, telecoms, network and external connections.

Optional Extras:
The optional extras supplied by third parties made available to the customer and specified in the order form.

Order Confirmation:
The order confirmation issued to the customer following receipt of an order and the requisite deposit.

Property:
The property within or upon which the garden office, room, product or service is located.

Structural Elements:
Means the floor, roof and external walls of the garden office.

Effective Date:
These company terms and conditions were revised on the 1st February 2024 and supersede all previous digital or printed editions.

 

Terms:

1. Basis of Sale
1.1 It is considered that any customer entering in to an agreement with the company is in acceptance of these terms and conditions. The customer is responsible for obtaining a copy of these terms and conditions for their reference.
1.2 The customer agrees that the agreement constitutes the entire understanding between the parties hereto and there are no representations, warranties, conditions and terms or obligations (implied or otherwise) whether written or oral, express or implied by custom or otherwise other than those specifically contained in the agreement.
1.3 Any advice or recommendation given by the company or its agents to the customer or its employees or agents as to the garden office, which is not confirmed in writing by the company, is followed or acted upon entirely at the customers own risk and accordingly the company shall not be liable for any such advice or recommendation which is not so confirmed.
1.4 Any typographical, clerical or other error or omission in the order confirmation, deposit or final invoices or other document or information issued by the company shall be subject to correction without any liability on the part of the company.
1.5 In these terms, reference to a statute or statutory provision includes a reference to it from time to time, amended, extended or re- enacted.
1.6 The headings in this contract are for convenience only and shall not affect their interpretation.
1.7 In these terms where two or more individuals are included in the expression: the customer, any obligation provided by them shall be deemed to be made by such persons jointly and severally.
1.8 The company reserves the right to amend these terms and conditions at any time.
1.9 No variations of these terms and conditions shall be of any effect unless agreed by the Company in writing.
1.9.1 If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
1.9.2 The contract shall in all respects be construed and operated as an English contract governed by English law and any dispute arising out of, or in connection herewith, shall be referred to the English courts.

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2. Orders
2.1 All orders will be formally accepted by the company by the issue of an order confirmation. An order acceptance confirmation will only be issued following receipt of an order together with the requisite deposit.

2.2 In exceptional circumstances, we may not be able to accept your order or we may need to cancel an order after it has been accepted. We will inform you if this happens and will refund you any sums you have paid. This might be because of unexpected supply issues or because we have identified an error in the description of the Hully Pod you have ordered.

 

3. Customer Warranties
The customer warrants that;
3.1 The company will have unrestricted access to an adequate supply of electricity at all times during the garden office installation at the property.
3.2 n/a
3.3 n/a
3.4 The installation site is accessible and free from any dangers. In particular that the installation site is of sound ground, level, free from any obstructions and suitably prepared in order to construct the garden office.  Any young children and pets are to be kept away from the installation site and access leading to the installation site.
3.5 It is the proprietor of the property.
3.6 It has obtained all required consents for the installation of the garden office (without limitation);
3.6.1 Consent from any mortgagee or charge of the property.
3.6.2 Consent or planning permission from any local or public authority.
3.7 The installation site has not been subject to subsidence, landslip or land-heave.
3.8 The installation of the garden office does not contravene any planning or other regulation or legislation. The customer hereby agrees at all times to keep the company indemnified against all claims costs demands and liabilities arising as a result of the customers breach of any warranty in this clause 3 including (without limitation) the costs incurred by the company as a result of any delay whilst such consents are obtained.

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4. Installation
4.1 The garden office shall be installed by the installation team at the property unless otherwise agreed in writing.
4.2 Any date specified by the company in the order acceptance confirmation for the installation of the garden office is approximate only and will be confirmed by the company 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. Subject to the other provisions of the Terms 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 delay in the actual installation of the garden office, nor will delay in installation entitle the customer to terminate or rescind the agreement or claim losses relating to earnings or time spend during any delay.
4.3 The company shall use all reasonable endeavours not to cause damage to the customer's property and shall make good any damage caused.
4.4 If in the reasonable opinion of the company the installation site is not accessible or does not otherwise comply with clause 3 the company may without limiting its rights and in its absolute discretion defer installation to a later date subject always to the customer indemnifying the company for all additional costs incurred due to such deferment.
4.5 On completion of the installation the company will issue an installation checklist for counter signature by the customer confirming that the garden office has been installed to the customer's satisfaction and the keys of the garden office will then be formally handed over. It is the customer's responsibility to ensure a suitable exterior socket is available within 2m of the garden office, and ensuring the cable does not cause an obstruction or is placed where it is liable to damage.  We highly recommend in line with the latest edition of the Wiring Regulations, that any external socket is protected by a 30mA RCD either protecting the whole circuit feeding the socket or locally by use of an RCD protected socket.

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5 & 6. Company Warranty
5.1 The company warrants that upon installation the garden office shall be free from any significant defect in materials or workmanship for a period of 12 months. In addition if prompt payment is made (within 5 working days of the final invoice being issued) the company warrants that the main structural elements (roof, external walls and floor) of the garden office will be free from any significant defect for a period of 10 years from the date of completion of the construction.
5.2 If the garden office does not conform to these warranties the company will take such steps as it deems necessary to bring the garden office into a condition where it is free from such defects.
5.3 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 30 days from the date upon which the customer signs the installation checklist referred to in clause 4.5 and the company is given a reasonable opportunity after receiving the notice of examining the garden office.
5.4 Any repaid or replaced goods will be guaranteed on these terms for the un-expired portion of the 30 day period.
5.5 Nothing in these terms excludes or limits the liability of the company for death or personal injury caused by the company's negligence or fraudulent misrepresentation.
5.6 The warranty given in this clause 5 shall not apply to any defects in the garden office as a result of any breach of the customers warranties set out at clause 3 above or as a result of any subsidence, landslip or land-heave affecting the installation or any other form of instability affecting the installation site.
5.7 The company provides no warranty in relation to any optional extras save that it will use all reasonable endeavours to assign the benefit to the customer of any manufacturer`s warranty relating to the optional extras capable of assignment.
5.8 n/a
5.9 The company provides no warranty in relation to any damage caused by storm force weather conditions including flooding, standing water or if the garden office has been misused or deliberately abused.
6.0 The company provides no warranty in relation to any wear and tear, including cosmetic damage such as minor cracking or splitting or any changes in the colour, texture or staining of any internal or external finish.
6.1 The company provides no warranty if any repairs, changes or alterations are made to the garden office, room or product without prior written approval from the company.
6.2 All garden offices and rooms or products are constructed under the Permitted Development rules and should not be used for habitable accommodation. The company provides no warranty for any garden office used as habitable accommodation.

6.3 Should we be required to carry out a visit to rectify a reported issue with your garden office and upon investigation the reported issue or defect is not our fault, we reserve the right to charge a minimum callout fee of £200 plus parts.

6.4 If you use, or intend to use, the garden office for business, we will not be liable for any loss of income or damage to your business, incurred as result of delayed delivery or subsequent warranty claims.

6.5 It is your responsibility to ensure that the garden office you have ordered is suitable for your needs.

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7. Alteration In Specification & product descriptions
7.1 The company reserves the right to make any changes in the specification of the garden office which do not materially alter their quality or function or where it is necessary to conform to any applicable safety or other statutory requirements.

7.2 The description of Aldesko is set out on our website.The images are for illustrative purposes only.  Although we have made every effort to display them accurately, we cannot guarantee that the images accurately reflect the colours of the garden office.  Your Aldesko may vary slightly from those images or your customisations selected.

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8. Property and Risk
8.1 Risk in the garden office shall pass to the customer upon handover of the keys to garden office and responsibility for effecting and maintaining insurance cover passes to the customer at that time.
8.2 n/a

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9. Price And Payment Terms
9.1 The price for the garden office and any optional extras shall be shall be set out in the order acceptance confirmation. The total price shall be given including the onsite installation costs. The total price shall include value added tax where applicable.
9.2 n/a
9.3 Unless otherwise stated a deposit of 50% of all sums payable is payable on ordering the garden office from the company. The balance payments are payable 10 days prior to the anticipated delivery date. For the avoidance of doubt the full price of the garden office will be payable 10 days prior to the anticipated delivery date.

9.4 The customer shall make the full payment due without any deduction whether by way of set-off, counterclaim or otherwise and no payment shall be deemed to have been received until the company has received cleared funds.
9.5 The company reserves the right to alter its price list at any time.

9.6 Payment will only be accepted via direct bank transfer to the following account:

Account Name: Fully Earthed Ltd

Sort Code: 09-01-28

Account number: 64786105

Reference: please use installation address

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10. Cancellations
10.1 As all garden offices, rooms and products are manufactured by or for the company and are specifically made to order to the customer specifications, they are exempt from cancellation rights.

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11. Failure To Make Payment
11.1 If the customer fails to pay the full payment on the due date then without prejudice to its other rights and remedies the company may apply after judgement to charge interest on the amount unpaid from time to time compounded monthly until payment is made in full.
11.2 Notwithstanding the above, if full payment has not been made within a period of 30 days from the date of the final invoice this agreement may be terminated forthwith by the company, and any sums paid to date will not be refunded to the customer.

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12. Enforceability and Severability
Any provision of these terms 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.

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13. Amendment
These terms shall not be amended, modified or varied except in writing signed by a director of the company.

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14. Assignment
14.1 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.
14.2 If deemed unavoidable by the company, the company may assign the agreement or part of it to any person, firm or company.

 

15. 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 garden office.

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16. 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 control.

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17. Insolvency
If the customer shall go into liquidation whether compulsory or voluntary (except 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 without limiting its remaining rights 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 notice to the customer to terminate the agreement.

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18. Notices
Any notices to be given shall be in writing and be deemed to be given if left at last known address of the company or the customer as the case may be or sent to the same by first class post or email and shall be deemed to have been received two working days after despatch.

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19. Waiver
No failure or delay on the part of the company to exercise any right or remedy under these terms shall be construed or operate as a waiver thereof. The rights and remedies provided are cumulative and are not exclusive any rights or remedies provided by law.

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20. Governing Law
Any claim or dispute arising out of these terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

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END.