• 1.2. The "Seller" means Charles Christianson Limited of: The Office "Canalside House" 11 Shardlow Close Stone Staffordshire ST15 8GA
  • 1.3. The "Buyer" means the buyer of the Conservatory whose name and address is set out on the Order Form
  • 1.4. The "Contract" means the contract for the sale of a Conservatory and associated works, entered into between the Seller and the Buyer. The terms of the Contract shall be those set out within the Sellers quotation and the bespoke order form, which incorporates these terms and conditions
  • 1.5. The "Conservatory" means a structure incorporating wood or Aluminium or uPVC and glass Conservatory or Orangery and (if the base is to be constructed by the Seller) a base substantially as shown in the Working Drawings
  • 1.6 The "date of practical completion" means the date of practical completion of the Conservatory as notified by the Seller in writing to the Buyer
  • 1.7. The "Working Drawings" means the manufacturing drawings and specification for a Conservatory to be prepared by the Seller based on the initial concept drawing (if any)
  • 1.8. The "materials" means the materials used in the construction of the Conservatory
  • 1.9. The "Price" means the total Price for the supply and installation of the Conservatory as set out in the Order Form or as revised under Clause 4
  • 1.10. The "Order Form" shall be of contractual force and effect and form part of these terms and conditions
  • 1.11. The "Premises" means the site at which the Conservatory is to be installed as specified overleaf (or if not otherwise specified the Buyer's address)
  • 1.12. The "Agreed Date for Delivery" is the date upon which the Seller and the Buyer have agreed that the Conservatory framework shall be delivered to the site
  • 2. The Contract will come into force on the date on which the relevant page of this Order Form is counter-signed by the Buyer
  • 3.1. Upon such counter-signature the Buyer will pay to the Seller the deposit specified in the Contract
  • 3.2. In consideration of this payment the Seller will:
    (i) Prepare the Working Drawings for the Conservatory
    (ii) Undertake a site survey
    (iii) If the legal requirements of this Contract require an application for planning consent and/or listed building consent and/or building regulations approval to be made, the Seller will arrange for preparation and submission to the appropriate authority such application/s. Any fee required for a Planning Application, Building Regulations Application and/or listed building consent and/or Structural Engineers report and/or Energy Consultancy will be payable by the Buyer unless specifically shown as included in the Order Form
  • 4. The Seller will provide where required the Working Drawings to the Buyer together with notification of any revision of the Price, which may become necessary as a result of information revealed by the site survey. If the Buyer approves the Working Drawings and any revised Price he or she will sign the Working Drawings. If the Buyer wishes to cancel the contract he may only do so if the revision of the Price exceeds by 10% or more that contained in the Order Form provided that such cancellation shall be in writing and received by the Seller within seven days of receipt by the Buyer of the Working Drawings and/or notification of any revised Price
  • 5.1. If the Contract is cancelled by the buyer pursuant to Clause 4. then the Seller will refund to the Buyer the deposit less:
    (i) £1,000.00 plus VAT, which fairly represents the costs and expenses, incurred by the Seller in administering the contract and in carrying out his obligations under Clauses 3.2 and 4 hereof and
    (ii) Such disbursements or fees paid or payable by the Seller in connection with any application required for a Planning Application, Building Regulations Application and/or listed building consent and/or Structural Engineers report and/or Energy Consultancy which is required by this contract
  • 5.2. If the terms of this Contract provide for an application for planning consent and/or listed building consent and/or building regulations approval to be made to the appropriate authority (whether that application is to be made by the Seller or the Buyer) and such application is made with the Buyer's consent but not approved by the appropriate authority (unless the same is wilfully obstructed by the Buyer) then this Contract shall be deemed to be forthwith cancelled and the Seller will refund to the Buyer the deposit less:
    (i) £1,000.00 plus VAT, which fairly represents the costs and expenses, incurred by the Seller in administering the contract and in carrying out his obligations under Clauses 3.2 and 4 hereof and
    (ii) Such disbursements or fees paid or payable by the Seller in connection with any application required for a Planning Application, Building Regulations Application and/or listed building consent and/or Structural Engineers report and/or Energy Consultancy which is required by this contract
  • 6.1. Copyright in the Working Drawings shall belong to and remain with the Seller and the Buyer will not reproduce or permit or authorise any other party to reproduce the whole or any part of the Design without the prior written consent of the Seller
  • 6.2. If additional Working Drawings are produced as a result of the Buyer changing the design or the frame section, or if a local authority officer requires a change in design or frame section, a charge of �150.00 plus VAT for each set of Working Drawings will be payable by the Buyer
  • 7.1. Contracts requiring Building Regulations have been priced on the basis of up to 1000mm deep foundations. However, your local building control officer may require deeper footings or other works that will result in additional costs. These will be payable by the Buyer. In addition the building control officer may require energy conservation related works, which do not form part of this contract. The additional cost of these works shall be payable by the Buyer. Such requirement by the building control officer or similar authority shall not render the contract invalid or give rise to rights of cancellation
  • 7.2. Following commencement of building works (where building works are part of this Contract) if it is found that ground conditions require deeper foundations than specified within this contract or indeed any other works that are required, the additional cost of these works will be payable by the Buyer
  • 7.3. Payment of the Price will be as set out on the Order Form and time of the payment will be of the essence
  • 7.4. The Seller will use all reasonable endeavours to carry out such works in accordance with any timetable agreed between the Seller and the Buyer but will be entitled to adjust such timetable according to the availability of materials and labour and prevailing weather conditions
  • 8. Risk in the materials to be used in the construction of the Conservatory will pass to the Buyer on their delivery to the Premises. The Buyer will be responsible for insuring in their full replacement value such materials and the Conservatory (whether completed or in the course of construction) from the time of delivery of the materials until the Buyer has made full payment for the Conservatory. The Buyer will ensure that security at the Premises is adequate to protect such materials and the Conservatory during that time
  • 9. The Buyer will provide access to the premises for all authorised representatives of the Seller during all normal working hours. The Buyer will also provide all services and facilities (including electricity, water and adequate working space) required for the installation of the Conservatory
  • 10. If the base of the Conservatory is to be constructed by the Buyer or the Buyer's agent the Buyer will ensure that it is constructed in accordance with any plans or instructions provided by the Seller before the Agreed Date for Delivery
  • 11. The design fabrication and installation of the Conservatory will be substantially as shown in the Working Drawings but the Seller may from time to time make changes in the specification which are required to comply with any relevant safety or statutory requirements, to accommodate any design developments or which do not materially affect the quality or fitness of the Conservatory or the materials
  • 12.1. Any stage payment specified on the order form is payable by the Buyer to the Seller as stated or upon practical completion of the specified work where included, whether or not that date is delayed or postponed by the Buyer and whether or not such delay or postponement is agreed by the Seller
  • 12.2. The pre-delivery payment specified on the order form is payable by the Buyer to the Seller 14 days prior to the Agreed Date of Delivery, whether or not that date is delayed or postponed by the Buyer and whether or not such delay or postponement is agreed by the Seller
  • 12.3. The fourth and final payment specified on the order form is payable within 7 days following the Date of Practical Completion
  • 12.4. If the Buyer fails to make any payment on the due date then without prejudice to any of its other rights the Seller may take all or any of the following actions:
    (i) Suspend or cancel the delivery of materials or the supply and installation of the Conservatory
    (ii) Charge interest on the overdue amount from the due date until the date of actual payment (whether before or after any judgement) at a rate of 3% above the base rate for the time being of Barclays Bank Plc
    (iii) e-enter the premises to repossess the materials (if necessary dis-assembling the Conservatory or any part of it)
    (iv) Retain the deposit
  • 13. The materials shall not belong to the Buyer until the Price has been paid in full to the Seller
  • 14. The Seller will carry out a final inspection of the Conservatory within seven days of the date of practical completion. If the Buyer considers that there are any defects in the design materials fabrication or installation of the Conservatory he or she will indicate such defects at the final inspection. In no event shall the Buyer be entitled reject the materials or the Conservatory on the basis of any defect or failure, which is so slight that is would be unreasonable for the Buyer to reject them
  • 15.1. The provisions of Clause 15 do not affect the Buyer's statutory rights
  • 15.2. The Seller guarantees its workmanship or that of its appointed sub contractor for a period of ten years from the date of practical completion (excluding any ancillary works including plumbing, electrical, tiling or any other form of works not deemed to be essential to the main fabric of the conservatory by the Seller) and if any such defect is notified to the Seller within that period the Seller will take any one of the following actions (the choice being at its absolute discretion):
    (i) Rectify the defect
    (ii) Replace the materials
    (iii) Refund the Price but shall have no further liability to the Buyer
  • 15.3. Timber is liable to shrink and discolour if not correctly maintained and therefore no warranty or guarantees can be given in respect of fair wear and tear to the timber itself. However if the timber is correctly maintained then the Seller shall guarantee it on the same terms as stated in 15.2 above
  • 15.4. The Seller does not manufacture the glass comprised in the Conservatory nor the door and window furniture or hardware and accordingly the above warranty does not extend to these items, however the Buyer will be entitled to the benefit of a five year warranty from the Seller in respect of glass and twelve months in respect of the door and window furniture and hardware
  • 15.5. The above warranties are subject to the following:
    (i) The Buyer maintaining the conservatory properly
    (ii) Payment of all sums due to the Seller under this contract
    (iii) No unauthorised alterations or modifications having been made to the Conservatory or the materials
    (iv) Fair wear and tear being excluded
    (v) They are personal to the Buyer and shall not be assigned to any other person
  • 15.6. Neither the Seller nor the Buyer will be liable to the other or deemed to be in breach of the Contract by reason of any delay in performing or failure to perform their respective obligations if the delay or failure was due to any cause beyond the defaulting party's reasonable control
  • 15.7. Any inspection undertaken by the Seller following that referred to at Clause 14 is strictly for its own benefit and is limited to those parts of the premises, which the Seller reasonably considers appropriate, taking account of its responsibilities under this Contract. On no account will the Seller be liable for failing to report to the Buyer any other defects in or about the premises
  • 16. The Seller will be entitled to appoint specialist sub-contractors to undertake any of its obligations under the Contract
  • 17. The Contract may be determined by the Seller or by the Buyer forthwith by notice in writing to the other party in the event that
    (i) The other party makes any voluntary arrangement with its Creditors or becomes subject to an Administration Order or becomes Bankrupt: or
    (ii) An encumbrancer takes possession or a Receiver is appointed of any of the property or assets of the other party; or
    (iii) The Seller or Buyer as appropriate reasonably apprehends that any of the events mentioned above is about to occur in relation to the other party and notifies the other party accordingly
  • 18. On any termination of this Agreement under Clause 17 hereof any accrued rights or liabilities of either party shall not be affected
  • 19. The Contract contains all the terms of the agreement between the parties and supersedes all previous agreements and arrangements between them. No variation of or addition to any term of the Contract shall be binding on the Seller or on the Buyer unless made in writing and signed by the Seller or the Buyer as appropriate
  • 20. Any notice given pursuant to this Contract must be in writing and must be sent to the address shown on the front page of the Order Form
  • 21. If any provision of this Contract is or may be void or unenforceable the remainder of the Contract shall not be affected
  • 22. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales