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Terms of use

Terms of Use

Definitions
“Johnsons” means Johnsons Garden Buildings or Johnsons Leisure Ltd.
“Goods” means any goods (including any part or parts of them) agreed in the Contract to be supplied to the Purchaser by Johnsons.
“Premises” means the premises to which any Goods are to be delivered and at which any Works are to be carried out.
“Work or Works” means the log cabin build and installation works or services (if any) agreed to be provided by Johnsons to the Purchaser as specified in the Customer Order Confirmation.

1. NO TERMS OF THE CONTRACT SHALL LIMIT ANY STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OR OTHER STATUTORY RIGHTS THAT MAY NOT BE EXCLUDED. All terms of the contract between the purchaser and Johnsons (“the Contract”) are contained in this document and any annexed Customer Order Confirmation. The contract will be concluded when we notify you of acceptance of your order. No variation of the Contract shall have affect unless agreed in writing by Johnsons.

2. PRICE
2.1 The prices for the goods and/or work shall be prices set out in the Customer Order Confirmation.
2.2 In addition to stated prices the purchaser shall be liable for all costs of insurance (in accordance with clause 11 below) and any other relevant items specified herein and of any alterations requested by the purchaser (whether before or after delivery) to approved drawings.

3. PAYMENT AND CANCELLATION
3.1 Payment of the Goods and any Work (“Price”) is due in Pounds Sterling as follows:
(a) 50% of the price to be paid as a deposit at the time of order.
(b) Balance payable 14 days prior to delivery to the Premises; funds to be fully cleared at least 10 days prior to delivery.
(c) All Goods remain the property of Johnsons until payment of all amounts owing under the Contract is made in full.
3.2 Deposits shall be paid by electronic transfer credit card or by cheque made payable to Johnsons into Johnsons’ designated client account. The Purchaser shall, within seven days of payment of a deposit, be entitled, by written notice to Johnsons, to cancel the Contract; in which event the Purchaser shall entitle to a refund of monies paid less any administration or other costs.
3.3 Johnsons reserves the right to cancel any Contract at any time for good reason or reasons beyond our control, prior to delivery of Goods by written notice to the Purchaser and shall, in such event, refund all monies paid.
3.4 No payment shall be deemed to have been made or received until Johnsons has received cleared funds.

4. DELIVERY
4.1 The date for Goods to be delivered to site is expected to be no more than 10 to 12 weeks from order confirmation by the Purchaser but time of delivery shall not be of the essence. Fitters will usually arrive on site within 2 working days of delivery to
commence work unless alternative arrangements have been made with the Purchaser.
4.2 Johnsons shall not be liable for any breach of this Contract due to any cause beyond its reasonable control.

5. COMPLETION
5.1 Upon completion of the Works, or alternatively at a time agreed between both parties, the Purchaser and Johnsons shall agree a time for the purchaser to inspect the Works. During the inspection, the Purchaser shall identify any areas where the Works do not meet the standard specified in the contract. If there are no such faults, Johnsons shall issue, and both parties shall sign a completed certificate. The date the certificate is signed by both parties shall be the date of completion. If the inspection identifies any faults, the Purchaser shall identify these to Johnsons and Johnsons shall remedy such faults within a reasonable time. Once any faults have been remedied, the Purchaser and Johnsons shall again jointly inspect the Works; if there are no faults, the completion certificate shall be signed by both parties and completion shall take place.

6. LIMITED PRODUCT GUARANTEES: Without prejudice to the Purchaser’s statutory rights Johnsons shall not be liable for any defects caused by anybody other than Johnsons, its suppliers, servants, agents or contractors or caused by accident, storm or other disaster beyond Johnsons’ reasonable control after delivery of the Goods.
6.1 Where Johnsons is not the manufacturer of the Goods Johnsons shall transfer to the Purchaser the benefit of any warranty or guarantee given to Johnsons, at the company’s discretion.
6.2 Subject to any other provisions of the Contract Johnsons warrants and guarantees that:
6.2.1 in respect of the log cabins only for a period of 1 year from delivery
6.2.2 In respect of any windows, fittings and doors for a period 1 year from delivery of the goods shall:
(a) Be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
(b) Conform to any agreed specifications and that the Work shall be of satisfactory standard. No guarantee or warranty is given that installation Work or installed Goods will reduce, eliminate or be free from condensation or any effect to the condition of the goods supplied as a result of the natural characteristics of the product.
6.3 All guarantees will end and Johnsons shall not be liable for a breach of the Contract if the Purchaser or any third party without Johnsons’ express consent alters or relocates the relevant Goods or if any other workmanship is carried out on the relevant Goods.
6.4 The Purchaser shall notify Johnsons in writing within 30 days of becoming aware of any breach of the above warranties or of any other claim or potential claim under or in connection with the Contract, and shall give Johnsons reasonable opportunity to inspect and repair any defective Goods.

7. LIMITATIONS
7.1 Subject to clause 7.2 below and save as precluded by law the following provisions set out the entire financial liability of Johnsons (including and liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect
of;
(a) any breach of the contract;
(b) any use made or resale by the Purchaser of any of the Goods; and
(c) Any representation, statement or tortuous act omission including negligence arising under or in connection with the Contract.
7.2 Nothing in these conditions excludes or limits the liability of Johnsons
(a) for death or personal injury caused by Johnsons’ negligence; or
(b) under section 2(3) Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Johnsons to exclude or attempt to exclude its liability; or
(d) For fraud or fraudulent misrepresentation.
7.3 Subject to condition 7.1 and condition 7.2:
(a) Johnsons’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be
limited to the price; and
(b) Johnsons shall not be liable to the Purchaser for any pure economic loss, loss of profit, loss of business, depletion of goodwill, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with the Contract.

8. POLICY
8.1 In furtherance of our policy of continued improvement we reserve the right to (unless otherwise agreed in writing in the Contract) carry out all Work in a manner which we consider to be the most suitable having regard to the constructional details and topographical situation

9. PLANNING APPROVAL
9.1 It is the Purchaser’s responsibility to obtain any local authority or other regulatory approvals or permissions, which may be required in respect of the Goods or Works

10. INSURED GOODS
10.1 All Goods are at the risk of the Purchaser from the time of delivery, excluding any loss or damage caused by Johnsons’ negligence. Until full payment of the Price has been made the purchaser shall (at its own cost and in its own name) keep the Goods insured against damage, theft and other material risks.

11. ACCESS AND WORKS TERMS:
11.1 The Purchaser shall grant Johnsons’ employees or representatives clear and unrestricted access to the premises at all reasonable times for the purpose of taking measurements, delivery and of carrying out the Work.
11.2 On approval by the Customer of the final Production Drawings, Johnsons will, if required, provide the Purchaser with a Foundation Plan within 4 weeks of the order confirmation to indicate the points at which the structure will require support. If the
Purchaser does not provide the base on which the log building is to be erected. Johnsons reserves the right to reschedule Work at a recall charge of £250 or to charge the Purchaser for time and materials to make good the base.
11.3 It is the responsibility of the Purchaser to provide adequate water and electricity in order for Johnsons to be able to carry out the Works

12. CONFIDENTIALITY AND RETENTION OF INTELLECTUAL PROPERTY RIGHTS:
12.1 Save as expressly provided herein nothing in the Contract shall operate to transfer to the Purchaser any intellectual or industrial property rights (including, without limitation, in goods, drawings instructions designs or materials) and all such rights shall, at all times, remain vested in Johnsons. Any installation drawings provided to the Purchaser or being part of the Goods or Work shall be for the Purchaser’s use only. The Purchaser shall keep confidential and, save as required by law, not disclose any confidential information of Johnsons

13. GENERAL
13.1 Neither party shall assign the Contract or any part of it without the prior written consent of the other party, which shall not be unreasonably withheld.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, void able, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, void
ness, void ability, unenforceability or unreasonableness be deemed severable and remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by either party in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by either party of any breach of, or any default under, any provision of the Contract by the other party shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

ONLINE PURCHASES - Log Cabin Refund Policy

You have the right to cancel your order within seven days, or seven days of receipt of the goods and you will have your payment returned.

Upon returning your goods (if received), once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

If your return is approved, we will initiate a refund to your credit card (or original method of payment).

You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

OFFLINE PURCHASES - Log Cabin cancellation/refund charges Revised 20/01/14

Amount of full order, up to

Bespoke Buildings

Credit card Payments

7 days from order

14 days from order

21 days from order

1 month from order

Administration fee in all cases

£1,000.00

Additional £150 admin charge

1.5% additional charge of amount prepaid

2.5% of total order value

5% of total order value

10% of total order value

20% of total order value

£50.00

£5,000.00

Additional £150 admin charge

1.5% additional charge of amount prepaid

2.5% of total order value

5% of total order value

10% of total order value

20% of total order value

£50.00

£7,500.00

Additional £150 admin charge

1.5% additional charge of amount prepaid

2.5% of total order value

5% of total order value

10% of total order value

20% of total order value

£50.00

£10,000.00

Additional £150 admin charge

1.5% additional charge of amount prepaid

2.5% of total order value

5% of total order value

10% of total order value

20% of total order value

£50.00

 

Bespoke charge applies throughout.
No Buildings will be manufactured until planning is approved (if the building is subject to an application), therefore cancellations/refunds will be as 7 days from order.

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