TERMS AND CONDITIONS OF SALE

London Town Cabins Ltd

DEFINITIONS

The “Company” is London Town Cabins Ltd.

The “Customer” is the person, firm or company who purchases the product or services from the Company.

London Town Cabins is the trading name of London Town Cabins Ltd.

  1. APPLICATION OF THESE TERMS AND CONDITIONS

1.1. It is considered that any customer entering into an agreement with London Town Cabins Ltd is in acceptance of these terms and conditions. The customer is responsible for obtaining a copy of these terms and conditions for their reference.

1.2. London Town Cabins Ltd reserves the right to amend these terms and conditions at any time.

1.3. No variations of these terms and conditions shall be of any effect unless agreed by the Company in writing.

1.4. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

1.5. The contract shall in all respects be construed and operated as an English contract governed by English law and any dispute arising out of, or in connection herewith, shall be referred to the English courts.

  1. OUR PRODUCTS

2.1 The company website, brochure and any elevation drawings serve as a guide only and do not form part of any contract.

2.2. The company makes every effort to be as accurate as possible however precise measurements indicated on our website, in our brochures and on any order documentation are subject to reasonable levels of tolerance.

2.3. The company reserves the right to alter specifications without prior notice. Changes to product specification are rare and reasons for doing so may include, but are not limited to, improving general quality or efficiency of the product, because the material is no longer available to the company or for drastic changes in material costs. The company will always endeavour to inform the customer when any significant specifications are to be amended.

  1. PRICING

3.1. All prices stated on the company’s website and literature exclude VAT at the current rate.

3.2. London Town Cabins adhere to a transparent pricing policy; no discounts other than those advertised on our website and/or in our Showroom at the time of order will be applied.

3.3. Once the customer places an order and the deposit is received, a sales confirmation will be issued and the price stated will remain fixed, unless the order is put on hold for longer than 30 days.

  1. PAYMENTS

4.1. All prices are subject to VAT at the current rate. Once the Customer places an order a Sales Confirmation will be issued.

4.2. Subject to other provisions in these Terms and Conditions, our payment terms are:

Deposit: A non-refundable deposit of £500 + vat is payable on ordering the Product from the Company.

1st payment: 35% of the full purchase price (less the £500 deposit) is due as cleared funds 9 weeks prior to the agreed installation date.

2nd payment: 35% is due as cleared funds 1 week prior to the start of the installation.

3rd payment: 20% + any agreed additional works is due as cleared funds on the day of the room being plastered.

4th payment: 10% + outstanding balance on full satisfactory completion.

4.3. Groundwork, installation, and electrical connection dates will not be confirmed until the 2nd payment has been received as cleared funds.

4.4. All outstanding balances may be paid by bank transfer (copy of transaction required)

4.5. 2nd payments are due strictly as cleared funds 9 weeks prior to the agreed installation date and 2nd payments are due strictly as cleared funds 1 week prior to the start of the installation. No delay in payments will be accepted unless agreed prior to the start of the installation, otherwise the Company reserves the right to charge interest until the full balance is received.

4.6. The Customer shall make full payments due without any deduction whether by way of set-off, counterclaim or otherwise and no payment shall be deemed to have been received until the Company has received cleared funds.

4.7. All goods remain the property of the Company until the final balance is paid for in full.

4.8. If additional minor works (i.e. plastering, painting, electrics, trimming) or any remedial action is required after the main installation, a proportionate retention (reflecting the cost of outstanding work) is agreed between London Town Cabins Ltd and the customer until the outstanding works are completed.

4.9. Any outstanding balance may be paid by bank transfer (copy of transaction required.

4.10. All goods remain the property of the company until the final balance is paid for in full.

  1. CANCELLATIONS

5.1. As all Products designed and manufactured by London Town Cabins are made-to-order, to customer specifications, they are exempt from cancellation rights.

5.2. If the customer cancels an order once the deposit or 1st payment has been paid, no refund will be given. The customer accepts that the deposit and 1st payment are non-refundable as once this payment has been made to the company the order is put into full production.

5.3. If the customer cancels an order once the base has been installed, they will forfeit the total sales price in full unless an alternative agreement has been confirmed between the customer and London Town Cabins.

5.4. The company reserves the right to cancel an order at any time, for any reason. In the event of London Town Cabins cancelling an order, a full refund will be given to the customer.

  1. ORDERS ON HOLD

6.1. If a customer is not ready to proceed with an installation date and the 1st payment has not been made, they may place their order ‘on hold’, in which case the holding deposit will remain on account with London Town Cabins. Prices will remain fixed for a period of 30 days from the date the order is put on hold, after which any recent price updates will be applied to the order.

6.2. Orders may remain on hold for a period of 12 months before they are automatically cancelled.

  1. PLANNING PERMISSION

7.1. Planning consent is not normally required however, it is the customer’s responsibility to ensure that planning consent is not required for the installation of the cabin. We recommend you seek clarification from your local planning authority. London Town Cabins will not be held liable for any breach of Permitted Development/Planning regulations applicable to your property.

7.2.  If the site is in a Conservation Area, we recommend that the customer contacts their local authority to confirm whether any Article 4 Directions (restrictions on your Permitted Development rights) have been applied to the property.

7.3. The holding deposit is refundable if Planning Permission is declined on condition that proof of the refusal is provided. The payment for the planning submission and all incurred costs are non-refundable.

7.4.  The customer is responsible for ensuring that their cabin and its location complies with their Planning Approval conditions. London Town Cabins will not be liable for any changes a customer may make to the design, specification, or location of a cabin once a Planning Application has been submitted or approved.

  1. SCHEDULED DATES

8.1.  The company will always try to honour the estimated delivery/installation date, almost all our cabins are delivered and installed within the estimated time. However, we cannot guarantee the installation date and cannot be held responsible for postponement or delay outside of our control, this may include but is not limited to extreme weather conditions, access difficulties, parking, traffic.

8.2.  The company cannot be held liable for any loss, damages, charges, or expenses incurred by the customer as the direct or indirect result of any delay in the delivery, installation, or completion of an order. The company will not be held financially liable for return visits that may be required for any rectification works to the cabin.

8.3.  Any time frames given to the customer to suggest the duration of an installation are an estimate only and do not form part of any contract. The company will not guarantee to complete the installation of a cabin by any specified date or time.

8.4.  If the customer postpones/delays the installation of the base or cabin for any reason after payment has been made, the following penalties will be immediately incurred;

8.4.i. Within 35-15 days of the scheduled base installation date: 25% of the total sales price;

8.4.ii. Within 14 days of the scheduled base installation date: 40% of the total sales price;

8.4.iii. Any time after the base has been laid: 50% of the total sales price.

8.5. For any works booked in for optional upgrades, including but not limited to electrical connections, air conditioning installations, blind installations, plastering, painting, the full charges will still apply if the customer cancels such work any time after the date(s) have been confirmed with the customer.

  1. WORK ON SITE

9.1.  The customer is responsible for preparing the site as per the written notes on their Sales Agreement and any discussion that takes place with the Site Surveyor at the time of sale.

9.2.  The customer is responsible for providing all necessary parking permits, access, and permissions in advance of the base and cabin installation dates. Access to electricity and water is required on site.

9.3.  In accordance with the Site Preparation Notes all sites/bases must be level with correct drainage in place, a clearance of no less than 400mm is required in addition to the external dimensions of the cabin to allow construction, unless agreed in advance with the company.

9.4.  Failure to complete the necessary preparations may result in a delay or, in certain circumstances, cancellation of the installation schedule. A minimum charge of £500 will be incurred if the customer has not carried out the necessary preparations as per clauses 9.1, 9.2 and 9.3.

9.5.  The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement.

9.6.  Whilst every care is taken to avoid any damage to the Customer’s property, London Town Cabins cannot be held liable for unavoidable damage caused by the installation teams. The Customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas.

9.7.  We strongly recommend that garden landscaping is completed after the cabin has been installed to avoid any incidental damage.

9.8.  The company will install materials, fittings or appliances supplied by the customer on a good will basis only. The company will not be held liable for any damage to such items. No additional items will be fitted/installed unless agreed in writing on the Sales Order prior to the team visiting site.

9.9.  The company reserves the right to withdraw its employees or designated contractors from site where they deem the working conditions to be unsafe in accordance with current Health and Safety Regulations. In such cases the company will discuss any necessary changes to the working environment/conditions with the customer which must be carried out before works can continue.

9.10. All installation personnel have been trained and briefed on safe working practices including use of PPE (Personal Protective Equipment) in accordance with current Health and Safety regulations. If a full Risk Assessment and/or Method Statement are required by a customer 6 weeks’ notice must be given and charges may apply based on the level of compliance required.

9.11. London Town Cabins Ltd are covered by liability insurance up to £1million. Full details are available on request.

9.12. The design consultation completed at the time of sale is a visual inspection only and the company cannot be held liable should any underground obstruction be discovered on commencement of works.

9.13. The company reserves the right to cancel or postpone any works should unforeseen circumstances arise that affect the company’s ability to fulfil an order. In the event that the company cancel the total installation of an order a full refund will be given to the customer, unless it is found that such unforeseen circumstances have been directly caused by the customer.

9.14. If asbestos is found on site, then the Company will not be able to continue to work on site until it has all been removed and a clearance report provided. The Company does not hold a license to handle asbestos.

  1. BASES

10.1. The customer must be present on the base date and is responsible for confirming the location of the base prior to construction. Once this position has been confirmed and base constructed the position cannot be changed. The customer should consider any areas surrounding the cabin that may be obstructed or restrict access to openings on or around the garden room.

10.2. No apertures or fittings for services not supplied by London Town Cabins will be made unless agreed and confirmed in writing on your Sales Order.

10.3. If an existing base has been used e.g., concrete slab, London Town Cabins cannot be held liable for subsidence or settlement issues.

10.4. Spoils created by the base team will not be removed from site unless agreed in writing prior to the works commencing.

10.5. The Company will not be held liable for any issues with regards to the height of the cabin if the customer has not levelled the site/ground in accordance with the Site Preparation Notes.

10.6. Where the Customer has opted to carry out any site clearance or install the base, the customer is responsible for seeking approval from the Company no less than 3 weeks prior to commencement of work, to allow for any rectification work, determined by the Company, to be carried out. Should the rectification work not be completed to the required standards and the installation slot must be rescheduled to a later date, the Customer shall indemnify the Company to the value of £1,500 + vat.

  1. ELECTRICAL WORKS

11.1. A Part P certificate will only be supplied where London Town Cabins completes a full external connection of power and will only be supplied to the customer once the final balance has been paid in full. The certificate can take up to 21 days to process. Where a full connection has not been made, readings are available on request. It is the responsibility of the certified electrician completing the full connection to certify the electrical works.

11.2. Every effort is made to provide an accurate quotation for electrical works; however, the inspection of the customer’s own armoured cable and consumer unit is only visual and assumes that the customer’s electrics comply with current building regulations. It is the customer’s responsibility to ensure that the cable is fit for purpose. Quotes given at the point of sale are estimates only and do not act as confirmation of the cable being suitable. London Town Cabins cannot be held liable should the cable prove to be unsuitable or inadequate.

11.3. London Town Cabins reserves the right to refuse to complete electrical work or to apply additional charges where a connection is not possible with the current power source/consumer unit. The customer will be informed and quoted prior to any necessary additional works being carried out.

11.4. Where London Town Cabins are to complete a connection of an existing cable or of a cable to be supplied by the customer, it is the customer’s responsibility to run the cable from the main fuse board in the house to the garden room site. The customer must ensure that there is an excess of at least 10 metres of cable reaching the site. Unless otherwise stated on the customer’s Sales Order, London Town Cabins will not complete any of the works to run the cable, this includes clipping the cable to any boundary/wall/fence. Should the customer request that such work is completed additional charges will apply.

11.5. The company reserves the right to make any changes to electrical product specification or services they deem necessary to ensure safety compliance. The customer will be made aware of any such requirements and cost implications before the relevant works are carried out.

11.6. Armoured electrical and Ethernet cables are always run on the outside of the cabin; no armoured cable will be run in the wall cavity.

11.7.  No additional electrical work will be carried out by the company or designated sub-contractors unless agreed in writing on the Sales Agreement prior to the team visiting site.

11.8. London Town Cabins makes no guarantee as to the suitability of any Wi-Fi powerline adapter. The liability of the Company for any Internet or Communications device or service will be limited to the value of that specific item only, as outlined on the Customer’s Invoice.

  1. YOUR GUARANTEE

12.1. London Town Cabins buildings are covered by a comprehensive transferable guarantee, which is activated once the final balance is paid in full. The terms of your guarantee are as follows:

10 years:
Design and manufacturing faults to the structure of the cabin (including rot and corrosion)

3 years:
Internal misting in double glazing
Door and window hinges and locks
External decking (rot, corrosion, and structural faults)

1 year:
External facias
Internal linings and trim, floor covering, internal accessories, blinds
Electrical installations and appliances, including underfloor heating and air conditioning units. Electrical and network connections

12.2. Cabins constructed by London Town Cabins under ‘Permitted Development’ should not be used for habitable accommodation. If used for habitable accommodation the guarantee is invalid. Guarantee excludes normal ‘wear and tear’ and decorated surfaces.

12.3. No guarantee will be made by London Town Cabins against the effects of weather exposure on the colour of the external cladding. Cedar and Larch will naturally fade and silver over time, it is recommended that that any timber on the London Town Cabin is treated by the customer within 1 month of installation and every 6 months thereafter to preserve its original colour.

12.4. Door adjustments are not covered under guarantee and may be necessary from time to time. Adjustments can be easily carried out by the customer – please call the Customer Care office for advice.

12.5. Warping of timber fascia boards is not covered under guarantee; timber is a natural product and warping may occur.

12.6. Superficial cracking of timber cladding and/or fascia boards is not covered under guarantee.

12.7. London Town Cabins guarantee glass on windows and doors in accordance with the ‘Glass and Glazing Federation’ guidelines (a copy can be obtained from the Customer Care team). No guarantee will be made against scratches or imperfections in/on the glass once the sign-off of the cabin inspection has been completed.

12.8. Where underfloor heating has been installed the customer must ensure that all furniture is raised on legs, the use of flat-base furniture will invalidate your guarantee.

12.9. Guarantee claims should be made to the main office on discovery of the fault. Failure to report a fault immediately may invalidate your guarantee. Once agreed, a maintenance team will be dispatched to remedy the issues free of any charge. London Town Cabins Ltd will not reimburse payments made to third party repair contractors without prior written consent.

12.10. If the customer is deemed to be responsible for any faults to the cabin, all costs associated with remedial works will be charged to the customer.

12.11. No guarantee will be made for materials, appliances or services supplied by the customer to be installed by London Town Cabins Ltd. Such items are installed on a good will basis only.

12.12. The Company’s liability shall not exceed the total purchase value of the Product and the taking of the steps it deems necessary to rectify any issues shall constitute an entire discharge of the Company’s liability under this warranty.

12.13. The Company shall not be deemed liable for subsidence to the garden room or of the surrounding installation site unless such subsidence is caused by the negligence of the Company during installation.

12.14. Any structural alteration made to the cabin by the customer, or a third party employed by the customer will invalidate your guarantee and as such any related remedial works will be chargeable as per clause 12.10.

12.15. The Customer must ensure that adequate ventilation and drainage is in place underneath and around all sides of the cabin. Blocking in the underneath and/or sides of the cabin with paving or other landscaping material may result in excessive moisture retention either to the walls or to the base system. Blocking in the underneath and/or sides of the cabin will invalidate the guarantee.

12.16. If the customers cabin is to be used as a gym, or to hold heavy equipment or furniture such as pianos or machinery, the company will not be liable for any floor deflection, unless previously stated by the customer on initial consultation. Stronger flooring, joist work and foundations are available on request, at additional cost.

12.17. London Town Cabins are designed and manufactured with an intended design life of over 25 years, but no guarantee or warranty is given to this effect. We do however back this up with a peace-of-mind structural warranty of 10 years as detailed in clause 12.1. All London Town Cabins are constructed from construction grade materials throughout in our high- quality manufacturing procedures and are installed by trained professionals. In the unlikely event of your cabin showing a defect in its structural elements within 10 years of installation we will come and repair it.

12.18. The Company warrants that the structural elements of the London Town Cabin will be free from any significant defect in materials or workmanship for a period of 10 years from the date of installation. For the purposes of this clause “structural elements” means the floor, roof, and external walls of the cabin.

12.19. In addition, the Company warrants that upon installation the cabin shall be free from any significant defect in other materials, optional extras, electrical connection, or workmanship for a period of 12 months from installation.

12.20. The warranty may be invalidated on cabins that are sited closer than 400mm to surrounding boundaries as this negates the ability to maintain, repair and allow a good air flow around the cabin. The Company shall not be liable for any costs nor held to any warranty claim in relation to any cabins that cannot be repaired due to its location or accessed due to proximity to the boundary or any other restrictions post installations.

12.21. If the sale is made to a business, all warranties, conditions, and other terms implied by statute or Common Law (save for conditions implied by Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law, excluded from the Agreement. In all other cases, your statutory rights remain unaffected.

12.22. The Company provides no warranty in relation to any Optional Extras save that it will use all reasonable endeavours to assign the benefit to the Customer of any manufacturer’s warranty relating to the Optional Extras capable of assignment.

12.23. The warranty does not extend to issues resulting from incorrect use, misuse, deliberate or malicious damage, or from anything under UK Law that could be deemed as an Act of God. On arrival if we deem the damage to be of this nature the Company reserves the right to make reasonable charges for costs incurred and work carried out.

  1. PLASTERED CABINS

13.1. London Town Cabins adheres to NHBC guidelines on internal finishes, including plastering, skirting and floor finishes. Please contact the Customer Care office to obtain a copy of these guidelines. Plaster cracking over 2mm wide is covered under your guarantee for a period of 1-year.

13.2. It is the responsibility of the customer to ensure that the cabin is well ventilated during the plaster drying process. The company will not be liable for any cracking or moisture retention caused by lack of ventilation during the drying process.

13.3. London Town Cabins finished with our sound-reducing system are designed to reduce sound by up to 45 decibels (results may vary and are dependent on the amount of glass you opt to have on your garden room). London Town Cabins makes no claim of any cabin being completely soundproof.

  1. VENTILATION

14.1. The Customer must ensure that adequate heating and ventilation are supplied to the cabin throughout the year. The Company accepts no liability for issues caused by failing to heat or ventilate the cabin.

14.2. We strongly advise that all cabins are fitted with at least one opening window for ventilation purposes. Aluminium bi-folding doors are not fitted with trickle vents as standard.

14.3. If the cabin is being used as a gym or exercise room it is especially important to maintain good ventilation. We recommend heating and ventilating your cabin before use and during use to avoid condensation on equipment.

  1. GROUND, GUTTER AND ROOF MAINTENANCE

15.1. London Town Cabins products require low maintenance; however it is the customer’s responsibility to ensure areas around the cabin are kept clear. An air gap under the sides and rear of the cabin must be maintained and clear of obstacles to ensure vegetation and weeds do not contact the cabin and lead to possible intrusion within the cabin. This will also ensure that no moisture cannot be trapped underneath the cabin.

15.2. Gutters and roofs should be inspected and cleared of all debris a minimum of twice a year.

15.3. As with any external building, failure to clear gutters and keep air gaps maintained may result in damage to the fabric of the cabin which will invalidate your guarantee.

15.4. If remedial work is carried out and the defect is found to be a result of the customer failing to maintain a clear area around the cabin the work will be chargeable to the customer (as per clause 12.10).

  1. HANDOVER

16.1. Once finished by the company, the cabin will be handed over to the customer with a “builders finish”. Protective coatings and/or covers and/or manufacturer’s stickers/labels and/or sheeting may remain on certain component parts of the cabin which will need to be removed by you before use. The cabin will be tidied up and left clean by us before handover, but not to a professional clean standard and outside surfaces are liable to dirty again shortly thereafter.

16.2. Any natural, planted, “Sedum” or green roof, is a live, natural product which requires regular maintenance by you in accordance with the relevant supplier’s instructions. We will not be liable or responsible to the extent for any reason that it does not grow or survive, or suffers damage due to wildlife such as foxes. Rodent damage can also occur to the cabin, in particular external sections of cabling for lights to decking are not steel coating protected and we are not responsible for such damage thereto.

16.3. Please be aware that the cabin’s roof may exhibit “ponding” and retain water to a certain level before the water drains away. This is a normal characteristic of the roof and should not be a cause for concern.

16.4. Underfloor heating and flooring tiles are subject to minimum dry out periods. Whilst this need not delay handover, full functionality of that aspect of the cabin cannot be demonstrated prior thereto.

16.5. The cabin is likely to ‘settle’ over a period of approximately twelve months from its completion which is a normal process in the construction of building of this nature. Settling may result in doors, locks, handles and hinges requiring adjustment and/or the appearance of hairline cracks in the internal plastered walls and ceilings, requiring filling, sanding, and repainting to restore them to their previous appearance. Any treatment of exterior wood by you should only happen after the appropriate weathering off period. If you request us to carry out any of the above, provided we agree to do the same, we will charge for such work in addition to our original charges.

  1. 17. LIABILITY

17.1. Nothing contained in these Conditions shall be construed to limit or exclude the liability of the Company for death or personal injury as a result of the Company’s negligence or that of its employees or agents.