1.1 The Supplier warrants that on delivery and receipt of full balance of the Order, the Goods & Services shall be covered by the following comprehensive guarantee:
a. Design and manufacturing faults to the structure of the building (to include rot and corrosion) – 10 years
b. Door and window hinges and locks, external decking (to include rot, corrosion and structural faults) – 3 years
c. External fascias, internal linings and trim, floor covering, internal accessories, blinds) – 1 year;
1.2 Subject to clause 1.2, if:
a. the Customer gives notice in writing to the Supplier [during the Warranty Period] within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 1;
b. the Supplier is given a reasonable opportunity of examining such Goods; and
c. the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Supplier’s cost,
the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
1.3 The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in clause 1.1 if:
a. the Customer makes any further use of such Goods after giving a notice in accordance with clause 1.2;
b. the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice regarding the same;
c. the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer;
d. the Customer alters or repairs such Goods without the written consent of the Supplier;
e. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
f. the Goods differ from their Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
g. The Customer uses the garden room as habitable accommodation.
1.4 Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 1.1.
1.5 These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.
1.6 The Guarantee referred to above does not cover:
a. Defects caused by weather exposure
b. Door adjustments
c. Warping of timber fascia boards
d. Superficial cracking of timber cladding and/or fascia boards
e. Materials, appliances or services supplied by the Customer to be installed by the Supplier. Such items are installed on good will basis only.
f. subsidence of the garden room or surrounding installation site
g. any damage or defect caused by blocking the sides of the garden room
h. any damage of defect caused by Customer’s or third party’s alteration of the garden room.
2.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5 million per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
2.2 The restrictions on liability in this clause 2 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
2.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
d. defective products under the Consumer Protection Act 1987.
2.4 Subject to clause 2.4, the Supplier’s total liability to the Customer shall not exceed the total value of the Order.
2.5 The Supplier has given commitments as to compliance of the Goods and Services with relevant specifications. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
2.6 This clause 2 shall survive termination of the Contract.