ForeverTimber

Cabin Purchases

DEFINITIONS
The Consumer is a person who buys a log cabin, BBQ hut, wooden garage, carport or any associated items for his own personal use. Further in the text referred to as the "Consumer" or "You".
The Trader is ForeverTimber, further in the text referred to as the "Trader" or "We".


PLACING AN ORDER
1.1. Once you have selected a product and added it to your basket, you will be redirected to a secure payment website where you will be able to place your order by following the instructions. To place an order, you can either choose to pay a pre-arranged deposit for bespoke projects or the full sum of your online purchase. Orders cannot be placed without paying either a deposit or the price in full.
1.2. If when placing an order the Consumer does not specify whether the roof ridge height is to be a standard height or a reduced height, we assume that a standard height has been requested and proceed accordingly.
1.3. Once you choose your payment method and have successfully entered the relevant information, you will automatically receive email confirmation of your order with an order number, the order details, delivery address and delivery date. In all cases you will be contacted 2-3 days prior to delivery to confirm a specific time on the date of delivery. If you have any questions, please contact us by phone or email: info@forevertimber.co.uk Our customer support team is always ready to answer your questions.
1.4. When the order is placed over the phone, it is assumed that a Consumer has familiarised himself with the Terms and Conditions and agrees with them. All phone calls are recorded for training and quality purposes. Phone call records containing sensible information (like credit card details) are deleted immediately after such phone calls are ended.


CANCELLING AN ORDER
2.1. Consumer has the right to cancel an order no later than 7 days after the order taking place. To cancel an order the Consumer has to apply for a cancellation by email at info@forevertimber.co.uk. We will send the confirmation of order cancellation within 24 hours of receiving such application.
2.2. A Trader has the right to cancel the order within 5 days of it being submitted. In such case a Consumer will be informed within 24 hours of the cancellation.
2.2.1. Consumer's order may be cancelled if the ordered goods had been listed at the wrong price owing to a typographical mistake or a mistake in the information regarding price that was received from our supplier.
2.2.2. A Trader reserves the right of cancelling an order if a 5-month period has been passed from the date of order (bespoke item or standard one but over £5,000.00 worth), provided that Trader has presented a minimum of 3 different delivery dates and these dates have been rejected by the Consumer.
2.3. Order cancellations always result in refunds (For more information please read the information under "Returns & Refunds") except the cases mentioned below.
60% of the total purchase price of the building is not refunded and remains with the Trader as a compensation for losses (inc. re-manufacturing, selling costs etc.) in case of:
a) a bespoke product order is cancelled due to no fault of the Trader (A bespoke product is any product in which the size, layout or any other parts are different from the standard ones offered on the ForeverTimber website.);
b) the ordered product price is more than £5,000.00 and the order is cancelled due to no fault of the Trader.
c) described in part 2.2.2.
2.4. The orders for PVC windows or doors (ordered with the cabin, garage or separately) cannot be cancelled and the sums paid for these items are not refundable after these (windows and doors) were delivered.


PAYMENT
3.1. Both the deposit and full-price payment can be made by credit card or bank transfer. Orders cannot be processed without either first paying a pre-arranged deposit or the full price. Listed prices include delivery, VAT, hardware kits and flooring (depending on the product).
3.2. Any outstanding balance is to be paid before the delivery and can be paid only during the working hours of the office, i.e. 8:30 a.m. ‒ 5 p.m. If the delivery is to take place after 5 p.m., the balance should be paid before the office is closed. If in these circumstances the Consumer is not able to pay the balance during the working hours of Trader's office and the haulier is already on his way to the Consumer, the product is taken back to the warehouse while the Consumer will be charged for transportation and administrative costs.
3.3. The outstanding balance should be paid before the delivery can take place. The driver will not be able to offload the package if the outstanding balance has not been paid. Payment shall be made in full in cleared funds before delivery/collection.
3.4. If the balance payment was not made or collected before delivery (due to mistake or other circumstances), a Consumer must make the payment immediately. In such circumstances a Consumer do not have the right to suspend the balance payment on the basis that parts of the item are damaged or missing. Please note that missing or damaged parts are always supplied on request.


RETURNS & REFUNDS
4.1. Refunds will be made within 15 working days if the order is cancelled following delivery and within 10 working days if the order is cancelled prior to delivery to the UK. If an order is cancelled due to a fault on our part, we take the product back at our own expense. The Trader will be responsible for cancelling an order if:
- The product was delivered irreparably damaged, or is defective (except for minor parts, glass and missing parts, in which case we will send you the damaged or missing parts. For more details please read the information under "AFTER-SALES SERVICE");
- The product is not the one that was ordered and the seller is not able to supply the right product or the necessary parts within a reasonable time;
4.2. Minor scratches or natural defects in the wood and structure (i.e. splinters) are not considered product defects. Timber cracks are a natural feature of timber which is characteristic for all types of wood. Cracks occur due to the constant moisture fluctuation caused by changing weather conditions. The cracks do not affect the longevity of the timber in any way, so they are not considered as the defect and there is no need to worry about them. Please read more about wooden building maintenance.
4.3. If an order is cancelled due to the reasons above, ForeverTimber does not hold the responsibility, and which are not covered by the above-mentioned conditions, the customer is to cover the cost of transport and an administrative tax which is equal to £595.00 for England & Wales and £929.00 for Scotland. The cost of transportation will be deducted from the refund sum.
4.4. Products that you wish to return must be kept in good condition and returned in the packaging in which they were delivered. Products must be returned in the same condition as they were delivered. If the goods have been delivered in kit form, they must be returned in the same way in which they were delivered. Please ensure that any returned products are properly packed to avoid any damage or loss of parts in transit.
4.5. A Trader does not accept return items if the products have been affected by the application of chemicals, paints or have undergone any changes not covered by the terms of our warranty. If the returned goods have been in any way damaged by the customers, the amount of the refund may be reduced.
4.6. The product package is waterproof, however, once the product has been unpacked, it is a must to protect all the parts from rain and water. If this rule is not followed, the product cannot be taken back (in the case of order cancellation).


DELIVERY
5.1. Delivery is free (included in to the price - see 5.2) to most mainland England and Wales addresses (Shipping to Scotland may costs extra). We deliver the products by trucks equipped with the cranes or forklifts, so we ask you to warn us in advance (when placing an order) if there is a possibility of any obstacles during the delivery, related to limited access to the place, any kind of restrictions or parking charges. Any charges required in the circumstances mentioned above, are to be paid by the customer. You need to inform us if you believe there will be access problems, we mostly use a 18-26 ton flatbed truck for delivery which is 10m long, 2.5m high and 2.5m wide and needs a clearance of 4m to operate. If you are not sure if there is sufficient space for our vehicles to operate please contact us. Please note that if the access to delivery site is restricted and extra charges may be applied for specialised delivery.
5.2. Free delivery means that the delivery cost is already included in the price of the product, i.e. when the customer pays for the product he pays for both the product and the delivery. It should be pointed out, that we always pay the delivery cost to the transport company so we are also charged by them for change of delivery address once the item is loaded in to the system, the collection of the product and its return back to the warehouse (in cases where the order is cancelled).
5.3. Delivery time takes 4-8 business days (for our in-stock products) for deliveries in England and Wales and 8-12 business days for deliveries in Scotland (for our in-stock products), 42-56 days for non-stock goods and 49-70 days for custom-made products. Changes to a design after an order confirmation has been issued will delay a delivery. Please do not arrange an installation date in advance i.e. before the product you've ordered has been delivered. A Trader will not be responsible for any related loss. The trader does not take any responsibility for losses resulted due to delivery delay as well.
5.4. You will be contacted 1-5 days prior to the scheduled delivery date to confirm your availability. Please ensure that an adult is present for the receipt and signing of the delivery papers. Your purchase should be inspected carefully on delivery because we are not liable for any damage or missing parts thereafter.
5.5. We will endeavour to coordinate the delivery as near as possible to your day in which you would like the product delivered, however because we deliver at least 4 products to the same vicinity we can only give a 4-day period for the delivery. Deliveries are carried out only on weekdays.
5.6. Our drivers cannot accept cash, cheques or provide any technical information concerning the product.
5.7. Every effort is made to make sure delivery is on the stipulated date, nevertheless unforeseen delays do happen from time to time. In the unlikely event of this occurring, we will reschedule your date of delivery within a reasonable time period.
5.8. Any damage to driveways, lawns, or flower beds that are next to a narrow or difficult-to-access route shall remain the customer's responsibility.
5.9. The insulation for the cabin is supplied via a third party meaning there could be up to 3 day difference with regards the delivery of the cabin and delivery of the insulation products. Insulation boards can only be delivered and offloaded to the kerb-side


DELIVERY ADDRESS
When filling out an order form, a Consumer must inform the Trader of any factors that could prevent or hinder delivery of the purchase. A Trader cannot be held responsible for items lost, stolen or damaged after delivery to a designated address.


IMPORTANT INFORMATION
7.1. The Trader is not responsible for the work and any resulting problems thereof of the assembly team, where a third party team is employed.
7.2. When a third party fitting team are utilised The Trader cannot be held responsible for any mistakes or accidents during the assembly process, because a Trader only arranges installation team to arrive to the Consumers place. The Consumer is responsible for checking that all the included hardware is present at the time of delivery and that there are no defects, when using their own elected fitting team or are self assembling. Please note that all possible complaints regarding installation should be addressed to the assembly team. If you need more information, please contact us by email at the following address: info@ForeverTimber.co.uk.
7.3. Do not erect the log cabin or wooden garage on the wet concrete base, otherwise the mould will start growing on the inside of the structure. If the structure was erected on the wet concrete base, it is a must to keep a moisture collecting device inside the cabin, an electrical heater or to ensure the cabin is ventilated on a regular basis till the base completely dries out.
7.4. To manufacture our wooden building kits we use coniferous tree timber, which is naturally resinous. Because of this, once the timber gets exposed to the weather elements (moisture etc), timber can get a darker shade: for example dark spots can appear. This is particularly characteristic for timber which has not been treated. This is considered as a natural process. Neither the quality of the timber nor the longevity of the building is affected by the occasion mentioned above. Please note, that in this case the parts are not replaced.
7.5. Please note that none of our standard construction building kits come with toughened glass or comply with UK Building regulations.
7.6. A definition „residential cabin" or „insulated cabin" describes only the type of the building, but it does not mean that such named building kit meets local UK Buildings regulations. Also the definitions like „suitable for living" or „ suitable for living all year round" does not mean the building complies with local UK Building regulations as well.
7.7. As planning permission and building regulation is a complicated topic, information provided on our website is an introductory guide and is not a definitive source of legal information. For the final confirmation we always advise to contact local authorities.
7.8. We sell cabins and wooden garage kits containing the wall timbers, floor boards (for all cabins only), floor bearers, roof boards, windows, doors, locks, handles and hardware. Please note that all of our buildings have to be installed on a well made level base, which can be arranged by us (for an additional cost) or alternatively can be prepared by the Consumer.
7.9. It is not recommended to keep anything that could be a major source of moisture (e.g. swimming pool or hot tube) inside any of our cabins or garages, unless the structures interior has been suitably prepared, as this increases the risk of mould and possible deformation of the structure itself.
7.10. Roof load. It is not recommended to lay a roof-felt heavier than 30Kg per square meter. Ignoring this recommendation might lead to a sagging-roof or deformation of the structure.
7.11. The building kits come without window shutters as standard.



ASSEMBLY AND BASE PREPARATION
8.0. The base the building will stand on must be solid enough for our installers to work in safety; if you are laying a concrete base we recommend you allow a minimum of 3 days to set before installation takes place.
When the installation team arrives on site they will verify how level the base is and its size and whether or not it is hard enough for the team to work within safety standards on it. If they discover the base is not sufficient in any way, they will consider this with you and ask you to sign a disclaimer to allow work to continue, or they will return at another time when the problems have been fixed, and for which they will require recompense.
A Trader do not examines the appropriateness of the base to support the building without ground movement, neither does inspect the reliability of the base. Installation team are not engineers; any defects that occur due to insufficient support from the base remain the responsibility of the Consumer.
8.1. Although third party professionals are carefully vetted by us and come highly recommended, we cannot be held legally responsible for any errors or problems arising from the service they carry out.
8.2. It is a must to erect the cabin, garage, gazebo or carport on a solid level base (i.e. concrete base, patio slabs) which has dried out completely. Please note that no foundations accessories or fixings (apart from the floor bearers) are supplied together with the main product as standard.
8.3. The assembly team will arrive within 7 days of the delivery taking place.
8.4. We ask you to check that the products have been physically delivered and to see whether all parts are accounted for before employing the services of a third party to perform the putting together of the product in order that in the improbable event that parts are omitted, incorrect or damaged you give us reasonable time* to organise the delivery of replacement parts, (*please note that reasonable time would in most cases be within the period of one to two weeks on the assumption that the relevant parts are in stock, however if we have to back order or manufacture parts, the time period shall be longer - up to a period of 4 weeks). A reminder that if you decide to use another person or persons to erect your products, you should allocate time for these people to understand the instructions, along with an appreciation of the parts that have been delivered to your home.


AFTER-SALE SERVICE
9.1. If a Consumer discovers any missing or damaged parts (up to 7 days after delivery), he must contact us to inform us about it. The missing or damaged part will be delivered free of charge as soon as possible (Please see section 8.5). If the Consumer has missed the deadline, the replacement parts are supplied at extra cost.
9.2. A Trader is not responsible for the financial losses experienced by the Consumer (i.e. the hiring of assembly professionals etc), which result from the fact that they have not checked whether they have all the parts against the packing list before starting the assembly process with a non ForeverTimber supplied fitting team/ self assembly.
9.3. Please be aware that any issues that arise owing to the natural properties of the materials are not defects; please refer to the log cabin maintenance section for further details.
9.4. We shall require clear, high resolution photographs of any such flaw in order to identify its cause before rectification.
9.5. If a defect is the fault of the Trader, the Trader shall, at its discretion, decide on whether it is better to refund, replace or repair, at the Trader's cost.
9.6. Timber has natural properties meaning the cabin will settle. Consequently cracks, splits, and the movement of timbers will take place following installation, and alterations might be deemed necessary (including alterations to windows and doors because they could drop, warp, expand or contract; covering any cracks that might be apparent between plasterboards; refitting storm braces as the building settles, and pushing down wall logs that might not have settled because of friction or additions made by the customer, etc). These repairs/adjustments are not deemed to be within the scope of the installation service and shall be the responsibility of the Consumer.


GUARANTEE
10.1. Our products come with an item specific anti-rot warranty. The guarantee term can be found on each product page. Windows and doors come with a 2-5 year anti-rot warranty, manufacturer specific, (No warranty is applied for glazing). Such warranty is valid under the conditions that the structure is properly treated with quality oil based wood preserver or paint annually. The products' packaging must be kept under a roof to protect it from rain and snow and the building must be assembled within 6 months of delivery. For all our products and its components only anti-rot warranty is valid.
10.2. ForeverTimber reserves the right not to honour its warranty in the following cases:
- Inappropriate use of the product.
- Either no foundations were laid or foundations were wrongly laid (i.e. uneven foundation).
- Building was installed on a wet base.
- Protective oil-based treatment or paint was not applied annually (The oil-based treatment or paint must be applied only to dry timber).
- The roof covering was not laid properly thereby causing a leak or the leak was caused due to a damaged roof covering material.
- Any alterations by a third party were not first authorised by ForeverTimber.
- The guarantee is not applied in the case described in the parts 7.4., 7.9. and 7.10
Wood is a natural material and it may have cracks or scratches. These are not covered by the warranty. The warranty is not valid in the case mentioned in part 10.7.
Products with a broken part or any other problem will be repaired or replaced. You must contact us within 7 days following delivery.
10.3. Once the building has been delivered and you have checked all the component parts are there, we take this as meaning that you have fully accepted your order. We do not accept responsibility for any damage caused by the Consumer or his subcontractors during construction.
10.4. We use Scandinavian spruce and Nordic pine timber to manufacture our wooden buildings. This timber is naturally resinous which contributes to the fact that once the timber becomes affected by weather factors (moisture etc.) the timber takes on a darker appearance. It should also be mentioned that untreated timber is more likely to become darker.
The dark spots which appear due to the process described above are not considered to be a defect. Therefore, the parts that are affected by dark spots are not replaced.
The quality of the timber and durability of the products are not affected by the dark spots mentioned above.
10.5. Mould is a parasitic fungus which grows due to a high level of moisture and lack of air circulation. Mould has no connection with rotting process. Warranty against mould is not applied.
10.6. A lack of ventilation in a wooden building can cause mould. Therefore, please ensure that your cabin or garage is properly ventilated.
10.7. All wood has natural properties and all trees are dissimilar with dissimilar properties. This could include differences of colour, twisting, shakes, splits, warping, knots, knot holes and differing surface finishes, which are intrinsic natural properties of this type of material. These properties are typical for outside-used timber, and are catered for in the integrity of our designs, but nevertheless cannot be fully guaranteed against. Small alterations might have to be embarked upon on site owing to the make-up of timber. A quality wood preservative will need to be applied to all timbers that remain untreated in order to protect them. In addition, the timber can be sealed with a high grade external timber sealer to cut down the occurrence of twisting, splitting, warping, etc. that may happen over the life of the product.
10.8. Due to its natural features, and depending on the weather conditions, timber has a tendency to shrink (when the temperature is high) or expand (due to a high moisture level). This may result in temporary structure deformation. Please note that this is not related to the quality of the building, therefore we do not take responsibility in such cases.


TREATMENT
Please apply only a high quality oil or recommended water based (for outside) treatment or paint. Do not wait more than 7 days to complete the treatment or painting of the timber to stop water ingress or deterioration of the wood. Unless otherwise stated/ordered all buildings are supplied untreated therefore we cannot guarantee the building is water tight due to the natural properties of timber without treatment. For the interior, we suggest you use a transparent and odourless preservative. Apply a few coats on the window frames and doors to ensure they are properly treated. Treat all the boards of the roof, particularly at the ends. Reapply this process annually. Make sure the treatment or paint is applied on the product which has dried out completely.

CABIN INSTALLATION

PRODUCT PICTURES
Product pictures may be slightly different from the actual products (minor details). Please follow the specifications. The sizes indicated on our website or other related publications are approximations and should be read as such.

ROOF COVERING
We highly recommend securing the roof shingles with clout nails or roofing staples.

PRIVACY POLICY
We make it our policy to protect your privacy. We undertake to only use any information that we collect about you in a lawful manner (in accordance with the Data Protection Act 1998). We never reveal any information about our customers to third parties and we offer the opportunity of rejecting marketing emails from us.
The information we gather about you includes your name, address, phone number, email address, and in some but not all instances credit/debit card details and we always adhere to the Payment Card Industry Data Security Standard. The information which we hold pertaining to you is held securely in compliance with our internal security policy and the relevant laws. We never transfer your data outside of the EEA (European Economic Area). In some cases, in order to fulfil your order we may need to use third party companies that supply - insulation, roof lights, roof covering, etc. In such cases, your personal data (name, address, telephone number and e-mail) may be used in order to deliver the materials to you and fulfill the order fully. We use cookies on our website to help us keep track of the items in your shopping cart after you have chosen a product, to hold relevant delivery addresses if the address book is utilised and to store relevant details if you click on the 'Remember Me' preference. Your browser can be modified to avoid this taking place, however it will mean that you will not have the ability to use the shopping part of the website. Any information gathered in such manner can be used to recognise you if you have not modified your browser settings. If you have any comments or questions regarding privacy, you can get in touch with us.


APPLICABLE LAW
These terms and conditions and your contract with ForeverTimber are governed by English and European Union law. The English courts shall have exclusive jurisdiction over any dispute.


BUILDING REGULATIONS
In buying any structure the Consumer concurs with these statements: the building will NOT have any sleeping accommodation. If the building covers more than 30 square metres in internal floor space, it is made known that this building is not in compliance with building regulations and you have the intention to use it for an exempted use, for instance a building which the public rarely enter, or for related agricultural purposes. If you are not in agreement with this, please get in touch with us at the earliest possible convenience to cancel the order.


FORCE MAJEURE
ForeverTimber cannot be held legally responsible for any losses (the breakage or the collapse of the building or any of its parts as well as the damage of separate building parts) caused as a result of Force Majeure, i.e. nature disasters (severe winds, storms) and other uncontrolled forces. We do not accept any claims of compensation or refund in these cases.

1. Although we can advise you on planning matters, It is the customer's responsibility to ensure that the cabin is compliant with local planning authorities rules or building regulations.
2. Any installation date given is approximate only. As with most construction businesses, we are governed by the UK weather and therefore may occasionally have to re-arrange installation work at the last moment. Other factors which may affect the installation are accident or illness, neither of which can be predicted in advance.
3. The customer is responsible for ensuring that reasonable access to a clear working area is available for our staff to safely carry out a satisfactory installation.


IMPORTANT!
We would expect at least one meter (1m) of unobstructed space on the sides, back and front of the finished cabin, unless a prior agreement has been reached in writing by us.
We require all shrubs, bushes and overhanging trees to be cut back to give a clear 1m of work space around the cabin including the roof. This is to help prevent injury to ForeverTimber staff and to prevent any unnecessary delays in the installation process.
4. It is the customer's responsibility to prepare a suitable base for the building unless we are contracted to do this work.
We require that the base is made to the correct size and that it is perfectly level and 'square'.
It is the customer's responsibility to ask for precise details if unsure about base specifications and requirements for their particular model.
The base should be made to the exact size of the foundation bearers.
ForeverTimber will not be responsible for water ingress under the floor if the base is not made to the correct specifications.
Use of packing to level a cabin will invalidate the manufacturer's warranty.
ForeverTimber will not be responsible for problems with the cabin windows and doors functioning correctly at any time if the base provided is not perfectly level.


IMPORTANT!
If we arrive on site and the base provided by the customer is unsuitable for installing the cabin, there will be a minimum charge of £250 (plus fuel costs) for the wasted day.
The base will need to be made good by the customer/customer's builder. Alternatively arrangements can be sought with ForeverTimber to provide a quote for the required alterations.
In some cases it may be possible for ForeverTimber to make some alterations to the bearers or to the base to make it suitable to build on.
If the customer would prefer us to do this work, there will be a charge for the cost of materials used, and for the extra time required to do the work. This time will be chargeable @£35 plus vat per person on site per hour.
There is a minimum charge of £150 for base/bearer adjustments.
5. Should the client chose to unwrap the cabin pallets the logs should be stacked neatly in piles of similar sizes, raised off the ground on bricks or timber, and then re-covered tightly with the UV resistant plastic wrap previously removed from the pallets, to keep the wood dry and out of direct sunlight. The roof and floor boards should also be stacked separately in the same way and covered.
Doors and windows should ideally be stored carefully in a garage or house, or stacked separately to the logs and boards.
ForeverTimber can not be held liable for any theft, loss, damage or deterioration of the goods after delivery.
6. Where access to an adjoining property is required to allow completion of the job, it shall be the customer's responsibility to arrange such access and we will be entitled to assume such arrangements have been made unless we are advised otherwise in writing.
7. The customer should allow us to use their property/ grounds for the storage of materials whilst work is being carried out.
8. The customer must clearly indicate to ForeverTimber the position required for any building, including the positions of any doors and windows at the beginning of the work. If we are not given this information we will follow the design on the plans. We will not be liable for the cost of any subsequent relocation.
9. As timber is a natural product, minor adjustments when the building 'settles' may have to be carried out by the customer. This may include adjustments to the doors and windows as they may drop, expand and contract etc. Alternatively adjustments may be carried out by ForeverTimber on a chargeable basis.
10. The customer MUST treat any exposed timbers with a timber preservative and/or suitable wood finishes within 7 days of completed installation.

IMPORTANT!
Doors, windows, trims and fascia boards must be treated and painted on ALL faces. If not correctly treated warping may occur.
11. The customer, where possible, is requested to provide safe parking for our work vehicle on or close to the property.
There are tools and equipment which will be required at various times during the build which we must have direct access to.
If there is no driveway parking, or no parking is available on the highway, the customer must pay for a safe car parking place close by.
If parking permits are required to park on the highway, the customer is responsible for applying for and the cost of such permits.
If our vehicle is issued with a parking ticket during the installation period, this must be paid for by the customer.
12. Payment for installations must be made either by bank transfer or cash.
If paying by bank transfer we require the cleared funds to be in our account no later than 7 days after completion of the cabin installation
If paying by cash, this can be given to us in person when we are ready to leave the job or earlier.
We do not ask for a deposit for installations and therefore we put our trust in the customer to pay us as per our agreed payment terms. The location of these terms is clearly marked on every installation quotation for avoidance of doubt.
Acceptance of our quotation includes acceptance of our payment terms.


Landscaping Terms

ForeverGreen Services, ForeverTimber and ForeverBuild are all trading names of ForeverGroup Dorset Ltd.
Here in after referred to as FGD
1. Scope of work
1.1 The work as detailed shall be carried out to the standard a reasonable person can expect.
1.2 If there is any discrepancy between any specification and any drawing, the description contained in the specification shall prevail over the drawing. 1.3 The client is to indicate the line of the boundaries, underground cables and pipes before work commences and FGD) accepts no liability what so ever for any losses or future disputes which the client may have with the owner(s) of neighbouring properties or other parties as a result of works which it carries out on or within the boundaries, cables or pipes that the client has indicated to us.
1.4 The client is solely responsible for obtaining any planning permission required, including the preparation and submission to the local authority of any necessary applications. FGD takes no responsibility for loss or damages incurred as a result of failed planning permission or the client requiring planning permission in retrospect.
1.5 This quote excludes: excavation of/in rock removal of any concrete deeper than 150mm thick; filling of wells, mines or shafts; removal of any air raid shelters; removal of asbestos; removal of any chemicals; removal or grinding of any tree stumps and the re-routing of any services unless otherwise specified.
1.6 Copyright laws cover all designs. Where applicable The FGD design cannot be reproduced without prior written consent of FGD. Once full payment for the design is made the client may then, if so desired, approach other contractors to quote for the project. The design will remain copyright to the FGD.
2. Quotation
2.1 All quotations are valid for 30 days only and may be subject to alteration after that date.
2.2 The quotation is a best estimate of price at the time of submission taking into account existing site conditions and layout at the time of viewing.
2.3 Acceptance of the quotation signifies acceptance of these terms and conditions of the contract documents and represents a binding contract between the parties. It should be noted that any subsequent cancellation by the client will involve the client being liable to a cancellation fee and any loss of expenses incurred as a result at the discretion of FGD up to a maximum of 50% of the total of the quotation to cover already incurred costs.
2.4 Only the work described in the quotation is included; the supply of any other materials or labour costs to carry out such works other than stated within the quotation is excluded. Any alteration, modification or extras beyond the work specified in the quotation may be liable for an additional cost, which will be agreed by both parties prior to being undertaken.
2.5 No allowance is made in the quotation for any extra work required due to unknown, hidden or underground features.
2.6 FGD reserves the right to request the client to consider increasing the value of the contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond its control.
3. Payment
3.1 The client accepts that he/she will pay FGD the full contract sum (all costs incurred) together with any Value Added Tax properly chargeable upon the contract.
3.2 Payment terms: 50% of total estimate value is required before works commencing. Where works value exceed £10000 or two weeks a schedule of interim payments will be agreed in writing prior to works commencing. On completion the client will be required to sign off the works , and the remaining balance paid within 7 days.
3.3 The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.
3.4 Unless otherwise stated payments are due 7 days following receipt of invoice. If the invoice is not settled within 14 days FGD reserves the right to charge daily interest at 4% until full payment is received.
3.5 Materials need to be purchased in advance and will form part of the first stage deposit, payable one week in advance of the agreed start date. If this or any invoices, are not paid within seven days of being rendered the client will be deemed to be in default and therefore in breach of contract. FGD will then be entitled to cease work and remove all materials remaining unused on the site (with the clients full agreement and access granted) and recover from the client his whole loss and expenses arising out of the said default by the client.
3.6 In the event it is necessary to institute legal recovery of the outstanding sum the client will be liable to pay FGD's legal fees in full.
3.7 If the delivery date of goods is delayed by the customer, FGD reserves the right to charge the client the daily labour rate for all staff on site until the material arrives.
3.8 In the event that a change in materials from that already delivered on-site is required as a result from a subsequent client change of mind, the client will be solely responsible for payment of all additional costs.
4. The site
4.1 The client commits to granting sufficient and reasonable access to the site throughout the period of execution of the contract.
4.2 Access to water and electricity services will be provided by the client at no additional cost to FGD.
4.3 FGD shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.
4.4 FGD undertakes to make all reasonable endeavours to complete the work within a reasonable timeframe or by a specific date if so agreed. However, unforeseen circumstances such as weather may hinder progress, and FGD undertakes to keep the client informed.
5. Construction
Materials on Site
5.1 FGD always uses reputable high quality suppliers for the supply of plants, trees and shrubs; however, it is unable to guarantee their performance once it has left the site.
5.2 Any structural or appearance of finished features is at the discretion of the FGd, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to FGD, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. If a particular variety (i.e. species or cultivar) is not available a suitable substitute will be selected.
5.3 Natural products may show some colour and/or texture, special variations; therefore FGD cannot guarantee supplied materials are exact representations of any samples provided.
5.4 FGD will research and take the advice of the supplier as to the best way to lay/build with the material and the best adhesives and seals to use. If there are any problems arising with the product and the supplier advice has been taken FGD accepts no responsibility, except where it has been improperly installed by FGD.
5.5 Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. Delivered plants if not planted immediately will be stowed in an agreed location within the client's garden. At this stage responsibility for the loss or theft of these plants will rest with the client.
5.6 FGD cannot be held responsible for the fading of colours due to efflorescence which is a natural condition producing very small white particles covering the surface of concrete products. This condition is caused by having calcium hydroxide present as a soluble salt, which leaches to the surface and combines with carbon dioxide in the air to form calcium carbonate (chalk).
5.7 Wood is a natural product, and is therefore susceptible to certain changes in an outdoor environment. Extremes of temperature or weather conditions will cause a reaction. Certain conditions may cause products to split, lose shape or warp. This is natural and in all but the most extreme cases, normal shape will be resumed. FGD cannot be held responsible for the above taking place.
5.8 In extreme changes of weather conditions, certain plants and materials such as: terracotta, some natural stone and other paving can be affected, suffering damage if not protected. The client should take the necessary precautions to prevent damage as this is out of FGD's control.
5.9 Artificial grass Creases. Due to the fact artificial grass is supplied on a roll and due to the molecular structure of the product it can crease. The product is not deemed to be faulty if a crease is visible and the product will de-crease on a daily basis. Creases will fall out within 3 months of the supply or installation.
5.9 a) Artificial grass seams. FGD will endeavour to make all seams as invisible as possible. However, seams are occasionally visible due to the molecular structure of the product. This is unfortunately inevitable and can be influenced by a number of factors. Our warranty does not cover seam visibility.
5.9 b) A slight colour differential is possible on grass from separate batches. FGD cannot accept liability for minor colour variations if additional grass is ordered on a different order.
5.9 c) The grass we use, like virtually all other artificial grass types are manufactured using polyethylene and polypropylene and as such reflective damage from mirrors or potentially greenhouses could cause scorching of the surface. It is the customer's responsibility to prevent this and damage is not covered by the guarantee. Repairs will be chargeable. The polyethylene and polypropylene temperature will increase on warm sunny days.
6. Maintenance after completion
6.1 All watering of plants, trees, shrubs and turf becomes the responsibility of the client once the contract has been completed and FGD cannot accept any responsibility for the survival once the contract has been completed.
6.2 FGD accepts no responsibility for any horticultural defects other than plants, trees and shrubs failing to break out into leaf unless a formal maintenance contract is entered into.
7.Maintenance
7.1 Our day rate is for 8 hours. Unless a fixed price quotation has been agreed prior to work commencing. We will apply the day rate or hourly rate plus materials and expenses to the clients invoice.
7.2 If we are required to remove green waste or general waste from the site, this will be subject to charge.
7.3 Collection of non-stock parts and materials is chargeable but time will be kept to a minimum and reasonable. Also you shall be informed prior to the operative(s) leaving the site where possible.
7.4 FGD will undertake any requested jet-washing, but accept no claim or compensation arising from any damage caused by the high pressure cleaning.
7.5 For regular maintenance work an invoice will be issued at the end of the month. Clients are requested to pay within 7 days of receipt of the invoice. 7.6 In the event of an Operative(s) unable to gain access at a previously agreed time, there will be a call out charge equating to a minimum of two hours rate.
8. General
8.1 FGD will agree a date and time with you for the works to commence and we shall use our best endeavours to ensure the Operative(s) attends on the time and date. However we accept no liability in respect of non-attendance or late attendance of the Operative(s) or for the late or non-delivery of goods.
8.2 Any date or dates included in our estimate or quotation are estimated dates and FGD shall not be in breach of this agreement for failing to start or finish by any date given.
8.3 We shall not be liable for and accept no responsibility for unavoidably damage caused, or any unforeseeable loss you may suffer as a result to the works carried out, nor shall we be liable for any loss of nature which is not caused by our negligence or our breach of the terms of the agreement between us.
8.4 This contract shall be regarded as an English contract and shall be construed and the rights of parties according to the laws of England and Wales. Irrespective of the place of signing this contract, it is deemed to have been made at the contractor's address and all legal matters arising from this contract will be handled within the area of the contractor's choice.
8.5 Any accidental or malicious damage caused by the client, their children or any third party during the course of the construction or maintenance may incur an additional repair charge.
8.6 FGD reserves the right to use any drawings, photographs or plans produced by us for any future publications or displays whilst ensuring the anonymity of the client.

FGD Partners Ltd has public liability insurance FGD Partners Ltd is a licensed waste carrier