Terms & Conditions of Sale
All quotations given and orders accepted by Jade Pavilions are subject to the following terms and conditions. Any variations to these conditions contained in the Purchaser's instructions shall not apply unless specifically accepted by Jade Pavilions in writing.
Jade Pavilions has a policy of continuous improvement and as such all collateral describing the products and services are intended for guidance only and Jade Pavilions does not accept responsibility for any variations, errors or omissions contained therein.
Any quotation is made subject to alteration and withdrawal by Jade Pavilions and in any event is only valid for a period of 60 days unless specifically extended by Jade Pavilions in writing.
Prices may be subject to review should delivery be delayed at the request of the Purchaser by more than 30 days.
3 ACCEPTANCE OF ORDER
All orders are subject to payment of a deposit with balance on completion.
4 ALTERATION TO ORDER
Where Jade Pavilions issues an acknowledgement of the order, the Purchaser should check this is correct and advise us of any discrepancies. Cancellation of and amendments to orders can only be accepted if confirmed by us in writing and cannot in any case be permitted ten days from the date of any Acknowledgement by Jade
Pavilions. Any additional costs arising from the agreed amendments or alterations shall be borne by the Purchaser.
5 EXECUTION OF ORDER
Any delivery date given by Jade Pavilions is intended as an estimate and whilst Jade Pavilions will make it's best endeavours to achieve this, it is not the essence of the contract and Jade Pavilions shall not be liable for costs incurred by any delays. Jade Pavilions reserves the right to extend delivery at Jade Pavilions' option.
The products and services supplied under this contract shall be of merchantable quality and fit for their normal purpose. Jade Pavilions' obligation is limited to repair or replacement of any defective component at it's sole discretion and shall not extend to include any natural movement or splitting inherent in timber structures or to any defect caused by fair wear and tear or any form of neglect.
Jade Pavilions cannot in any way be held responsible for damage caused by gales, flooding, heave or subsidence.
7 PURCHASERS RESPONSIBILITIES
It is the sole responsibility of the purchaser to ensure that any planning consents are applied for and obtained. Such consent is not normally required for small garden buildings behind the building line of the property.
The purchaser is responsible for the selection of and access to a suitable site and construction of the base.
8 FAILURE TO PERFORM
Jade Pavilions' liability shall in no circumstances exceed the net invoiced price of the products and services supplied.
Any deposit shall be paid at the time of order and the execution of such order will not commence until such payment has been accepted. The balance will become due upon delivery of the product or completion of the service. Jade Pavilions reserves the right to charge the Purchaser interest on any overdue payments at a rate no greater than 2.5% above the then current bank interest rate.
Ownership of the product shall not pass from Jade Pavilions to the Purchaser until the Purchaser has discharged the indebtedness in full. In the event of recovery of the product Jade Pavilions reserves the right of entry to the Purchasers premises to effect recovery.
11 INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights contained within the product remain at all times the property of Jade Pavilions and no rights whatsoever are transferred to the Purchaser upon completion of the order.
12 CONDITIONS PRECEDENT
It is a condition precedent to any liability by Jade Pavilions upon all product delivered prior to installation that they shall be kept dry and in a place of safety and any untreated joinery should be duly treated within a period of 30 days of delivery.
In the event of the Purchaser requesting a delay in delivery of the product to the Purchaser at that date shall be at the risk in all respects of the Purchaser. Any storage and additional transport charges arising as a result of a failure of the Purchaser to accept delivery will be borne by the Purchaser unless adequate written notice has
been received and agreed by Jade Pavilions. The Goods shall be unloaded by the Purchaser promptly. Jade Pavilions shall not accept responsibility for any damage sustained in unloading the goods.
The purchaser shall make available the premises for any installation work contracted for the expected duration of installation which will normally be completed within one week of commencement. Whilst great care will be taken during installation Jade Pavilions cannot be held responsible for any damage to grass, plants or garden
paraphenalia in the vicinity to the site.
In the event of a dispute remaining unresolved to the satisfaction of both parties the matter may be referred to an independent arbitrator for remedy.