Enquiry Form
In these conditions the following definitions apply:
Completion: The date on which we notify you that the Project has been completed.
Contract Price: The price specified in the Invoice, quotation or such other price as may be agreed in writing between us at any time after the date of issue of the Invoice/quotation.
Holding Deposit: The 20% deposit paid to secure the build slot.
Build Deposit: the second payment made (either 20% or 30% depending on the build duration) prior to the start of the build.
Instalment: The payment instalment(s) specified in the invoice.
Goods: The products we are selling to you as set out in the Invoice in connection with the Project.
Order Confirmation: The notification submitted to you to confirm the acceptance of your order by Modern Garden Rooms.
Project: The garden room project to be provided by us to you and as described in the Invoice.
Invoice: Our quotation for the Goods and Services appended to these Terms or any other quotation provided to you in connection with the Goods and Services prior to you paying the Deposit
Invoice: The document produced upon receipt of the holding deposit which lists the specifications of the Project. The invoice shows all the elements to be included in the garden room that we will build for you. Any discrepancies must be reported to Modern Garden Rooms within 3 working days, or the room will be built as specified unless agreed otherwise prior to the agreed build date.
Site: The site at which the Project is to be carried out.
Services: The services that we are providing to you in connection with the Project as described in the Invoice.
Terms: The terms and conditions as set out in this document.
We/us: Modern Garden Rooms (Company No.09592664) whose registered office is at 71-75 Shelton Street,
Covent Garden, London WC2H 9JQ.
We consider these Terms, our FAQs and the Invoice to set out the whole agreement between you and us for the supply of the Goods and Services. Please check that the details in these FAQs, Terms and the Invoice are complete and accurate. If you think that there is a mistake please make sure that you ask us to confirm any changes in writing. Once you pay your Deposit you will be bound by the Terms contained herein.
Any samples, drawings, descriptions or advertising we issue and any descriptions or illustrations contained in our catalogues, brochures or online through our website or social media are issued or published solely to provide you with an approximate idea of the Goods and Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
Due to the current shortage of construction materials and delays in delivery, our anticipated build dates and durations may be adversely affected by issues outside of MGR’s control.
Inclement weather may also extend the period of time that the installation team is required to be on site. We have the right to revise and amend these FAQs and Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, and changes in relevant laws and regulatory requirements. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders previously placed that we have not yet fulfilled.
A Quotation shall be provided free of charge upon enquiry. A Quotation will be based upon information provided by us and the client. Each quotation will be valid for 30 days, unless we notify you in writing that we have amended or withdrawn it during this period or a different period has been agreed between us.
If you intend to use the room for commercial or business purposes, please discuss this with us before submitting your order because a different rate card may be applicable.
If you choose to accept the no obligation Quotation you should provide us with a written acceptance, which includes email. We will then advise you in writing of the amount you need to pay as a Holding Deposit to secure your build slot. The Order will be in place once we issue an Invoice which will include the anticipated date of the commencement of works on Site. Further Instalment payment(s) towards the Contract Price may be payable at other points of the build (which will be specified in the Invoice) and a final payment will be due on the day of completion. All goods remain the property of the company until paid for in full. Any balance of payment is due strictly on the final day of installation; the finished building should be inspected and signed off by you prior to payment.
Payments can be made by bank transfer (copy of transaction required) to:
Account Name: Modern Garden Rooms Ltd
Barclays Bank Account: 93189465
Sort Code: 20-78-42
Modern Garden Rooms’ brochure, website, social media images, drawings and sample specifications are to serve as a guide only and do not form part of any contract. The company reserves the right to alter specifications, materials, prices or suppliers without prior notice. Some timber/composite/panel sizes and colours have nominal variations. Exact specifications of your Order can be provided on request.
All Modern Garden Rooms structures are covered by a comprehensive warranty against design and manufacturing faults, material failure, corrosion and rot for a period of 10 years from the date of completion, which will become valid on the date upon which full and final payment is received. Doors and windows are covered by a manufacturer’s guarantee while floor coverings, electric appliances, heaters and accessories have a one-year guarantee. Any modifications/additions introduced by the customer to the structure will invalidate the warranty.
Unless otherwise agreed, Modern Garden Rooms shall not carry out any groundworks other than the installation of the pile foundations. Where it has been agreed that you will provide the groundworks, it will be your responsibility to ensure that all groundworks have been completed (and if necessary a base installed at the delivery site) to a satisfactory quality so the delivery site is fit and adequate for the installation of the Goods by the agreed delivery date.
If the groundworks and base have not been completed in time for delivery or if they are defective or not of satisfactory quality (in our reasonable opinion), we may charge you a sum to cover any expenses incurred by us in rectifying the groundworks and base, together with any loss caused by a delay in delivering the Goods (except where this is caused by our breach of these conditions or our negligence).
MGR will carry out first and second fix of the electrical items included in the project and the customer’s own electrician is required to supply / install / wire the consumer unit, connect to house electrics and sign off the installation.
You must provide clear and suitable access to the Site during normal working hours as well as storage space for any materials required by us in connection with the Project.
The Goods shall be your responsibility from the time of delivery and commencement of installation, and you will bear the risk of any loss, damage, destruction or theft of the Goods except where it is caused by our breach of these terms or our negligence.
Planning consent is not normally required. However, it is the customer’s responsibility to check to ensure and if necessary to obtain the relevant permissions prior to the commencement of the build. We recommend you seek clarification from your local planning authority. The same may apply with building control regulations for some garden rooms.
You may at any time on or up to 4 weeks prior to the first day of the build amend or cancel the Contract by providing us with written notice. In so doing, you will forfeit any Holding Deposit paid but will not be liable to pay the First Instalment/Deposit. If you amend or cancel the Contract before the first day of the build but after you have paid the First Instalment/Deposit you will forfeit all Deposits/Instalments paid and will be liable to us for all costs reasonably incurred in connection with the Project until we received your amendment or cancellation. If you cancel the Contract after the first day of the build you will be liable for all costs associated with the Project.
If we cancel the Contract at any time we shall refund you the Deposit.
If you want to delay the build we may be able to accommodate a later installation date but reserve the right to amend the cost as deemed necessary.
Once the build has commenced, alterations by the customer to the agreed specification may be able to be accommodated if time allows, but must be agreed first by management of MGR and may incur additional cost.
In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will, at our option, either:
These Terms will apply to any replacement Services we supply to you.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
When we have completed the installation and delivery of the Goods, we will make good any damage to your property caused by us in the course of installation. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation by us.
For the avoidance of doubt, we will accept no liability to you for any perceived loss of earnings, profit or loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability for:
a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession);
d) breach of the terms implied by sections 9, 10, 11,13 and 15 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks;
f) any pandemic that results in the imposition of a local / countrywide lockdown or the incapacitation of our workforce due to illness or quarantine; or
g) any acts or omissions of any subcontractor you use in connection with the Project.
We will only use the personal information you provide to us to provide the Goods and Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
We reserve the right to use photographs of rooms we have constructed in any of our communications, including but not limited to, email, marketing material, our websites and social media platforms.