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Terms & Conditions

Standard Terms And Conditions For The Sale Of Goods

Background:

These Terms and Conditions are the standard terms for the sale of goods by The Shed Factory Limited, trading as a Private Limited Company registered in England under number 07048199, whose registered address is Unit 1, Petham Court Farm, Swanley, Kent, BR8 8DL and whose main trading address is Tower Hill Industrial Estate, Wrotham, Kent, TN15 7NS.  These Terms and Conditions were last updated October 2016.  We  may alter these Terms and Conditions from time to time and post a new version, on following which all use of the website will be governed by the new version.  It is your responsibility to check the Terms and Conditions on our website on a regular basis.

1.  Definitions and Interpretation

1.1  In these Terms and Conditions, unless the context otherwise requires, the following expression have the following meanings:

"Business Day"                    means any day other than a Sunday or bank holiday;

"Calendar Day"                    means any day of the year;

"Working Week"                  means Monday to Friday;

"Commercial Unit"              means a delivery of Goods, the character and/or value of which would be materially impaired if divided;

"Contract"                            means the contract for the purpose and sale of Goods, as explained in Clause 3;

"Goods"                               means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance;

"Bespoke"                            means made to suit or adapted for a particular use/person;

"LGV"                                  means Light Goods Vehicle;

"Month"                               means a calendar month;

"Price"                                  means the price payable for the Goods;

"Special Price"                     means a special offer price payable for Goods which We may offer from time to time;

"Order"                                 means your order for the Goods;

"Order Confirmation"          means Our acceptance and confirmation of your Order as describes in Clause 3;

"We/Us/Our"                       means The Shed Factory Limited, trading as a Private Limited Company registered in England under number 07048199, whose registered address is Unit 1, Petham Court Farm, Swanley,  Kent, BR8 8DL and whose main trading address is Tower Industrial Estate, Wrotham, Kent, TN15  7NS;

1.2   Each reference in these Terms and Conditions to "writing" and any similar expression includes electronic communications whether sent by email, text message, fax or other means.

2  Information About Us

2.1   The Shed Factory Limited is a Private Limited Company registered in England under number 07048199 whose registered address is Unit 1, Petham Court Farm, Swanley, Kent, TN15 7NS.

2.2   Our VAT number is 991546287.

3  The Contract

3.1   These Terms and Conditions govern the sale of Goods by Us and will form the basis of the Contract between Us and you.  Before making your Order please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of  these Terms and Conditions, please ask Us for clarification.

3.1   Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer of acceptance.  Your Order constitutes a contractual offer that We may, at Our discretion, accept.

3.3   A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation.  This will also be deemed as evidence of your acceptance of these Terms and Conditions.

3.4   We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

3.4.1   The main characteristics of the Goods;

3.4.2   Our identity (set out above in Clause 2) and contract details (set out below in Clause 13);

3.4.3   The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

3.4.4   Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

3.4.5   Where applicable, the arrangements for payment and delivery by which We undertake to deliver the Goods;

3.4.6   Our complaints handling policy;

3.4.7   We shall ensure that you are aware of Our legal duty to supply Goods that are in conformity with the Contract;

4  Description and Specification of Goods

4.1   We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature and descriptions provided by Our salespeople.  We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing processor difference in the colour reproduction of electronic displays.  Any typographical, clerical or other error or omission on Our website shall be subject to correction without any liability on the part of Us.

4.2   We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.  All advertised sizes and measurements are an approximation only.  We will endeavour to make sure that sizes and measurements are as accurate as possible but no guarantees can be given.

4.3   Bespoke Goods are available from Us.  If your order Bespoke Goods from Us, We will produce those Goods to your specification and requirements.  When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is accurate and complete.  We cannot accept the return of any Goods if the return is due to information provided by you.  Please note that this does not affect your legal rights (including but not limited to those in these Terms and Conditions)

5  Orders

5.1   All Orders for Goods made by you will be subject to these Terms and Conditions;

5.2   You may change your Order at any time before We manufacture the Goods by contacting Us 7 working days before dispatch.  We will only accept changes to Orders for Bespoke Goods if We are reasonably able to accommodate your request without additional work.

5.3   If your Order is changed, We will inform you of any change to the Price in writing;

5.4   You may cancel your Order at any time before We manufacture the Goods by contacting Us.  If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 10 days.  This does not apply to Bespoke Goods (unless you are cancelling under sub-Clause 12.2.5 due to an event outside of Our control)  We will only accept an Order cancellation for Bespoke Goods if We have not yet begun making the Goods.  If you request that your Order be cancelled, you must confirm this cancellation in writing.

5.5   We may cancel your Order at any time before We dispatch the Goods in the following circumstances;

5.5.1   The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued);

5.5.2   An event outside of Our control continues for more than 30 days (please see Clause 12 for events outside of Our control);

5.6   If We cancel your Order under sub-Clause 5.5 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 10 days.  If We cancel your Order, the cancellation will be confirmed by Us in writing.

5.7   In the event of cancellation after acceptance of an Order but prior to commencement of manufacture of the Goods, We will return all monies paid by you, less a reasonable sum, not exceeding 5% of the agreed Price to cover administration charges.  The cost of any materials purchased or items specifically made to fulfil the order will also be deducted from the deposit paid.

5.8  Cancellation within 2 working days before the delivery date, We reserve the right to retain 25% of the total cost with a minimum of £65 to cover administrative and production costs.

6  Price and Payment

6.1   The Price of the Goods will be that shown on Our website or from Our Sales Managers in force at the time of your Order and is open for acceptance for 30 days from the date of quotation.  If the order is not received and accepted by Us within the 30-day period, We may review Our prices.  If the Price shown in your Order differs from Our current Price, We will inform you upon receipt of your Order.  We require a minimum of 25% deposit payable at the time of placing your Order.

6.2   Notwithstanding the above We reserve the right to alter the price of the Goods to reflect any changes in cost to Us due to any factor which is beyond Our control, including change in delivery dates, changes in specification to the Order requested by you, failure to provide adequate delivery address or failure to provide Us with adequate  information or instructions.  

6.3   If We quote a Special Price which is different to the Price shown on Our current website, the Special Price will be valid for 30 days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement, Orders placed during this period will be accepted at the Special Price.

6.4   Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.

6.5   We have made every reasonable effort to ensure that Our Prices, as shown in Our current website are correct.  Prices will be checked when We process your Order.  If the actual Price of the Goods is lower than that stated in your Order you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised)  If the actual Price of the Goods is higher than that stated in your Order, We will ask how you wish to proceed.

6.6   All Prices are shown in £GBP.  If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.

6.7   Delivery is free within certain postcodes; however, some postcodes have a charge, please check delivery postcodes on Our website or phone Us direct.  Please note that we do not cover delivery to all areas of England so do check beforehand at info@shedfactorylimited.co.uk or phone 01732 823455.

6.8   Full payment must be received 72 hours prior to delivery or your delivery will be delayed or cancelled and a charge of not more than 5% of the agreed price will be made to you to cover administrative costs.  All payments for Goods must be made in advance before We can dispatch the Goods to you.

6.9   We accept the following methods of payment;

6.9.1   Debit Card;

6.9.2   Credit Card; (there is a 2% charge on the use of Credit Cards)

6.9.3   Cash;

6.9.4   Paypal;

6.9.5   Cheques; (prior arrangement only)

6.9.6   Bacs;

6.10 You warrant that the Credit Card or Debit Card used in connection with the transaction belongs to you and that there are sufficient funds or credit facilities to meet the cost of any Goods ordered from Us.  If a cheque received from you is not paid on the first presentation, a charge of £35 will be made to you to compensate for bank charges and administration costs involved.  Upon cheque-based orders, Goods shall not be released until such a cheque clears and the funds credit Our company bank account.

6.11  Application may be made for an account, however, the application shall be determined in the absolute discretion of Us.  If an account is approved by Us, payments are due in full, not more than 30 days from the date of invoice.  Interest on overdue invoices shall accrue fro the date when payment becomes due at 2% per calendar Month or part thereof.

7  Delivery and Access

7.1   Please note that delivery is currently only possible within certain areas, please check Our website for delivery areas.

7.2   When We provide you with an Order Confirmation, We will provide an estimated delivery date.  Please note that estimated delivery dates may vary according to the availability of Goods, your location and circumstances beyond Our control.  The delivery date is given in good faith but time is not of the essence and We shall not be liable for any loss resulting from any delay in delivery or completion.  We shall not be liable for any loss resulting from any delay in delivery or completion.  We shall not be liable for delivery delays caused by circumstances beyond Our control i.e. breakdowns, accidents or weather conditions.  
We are not able to offer timed deliveries.

7.3   If you indicate in your Order that you wish to collect the Goods from Us yourself, you may do so after receiving Our Order Confirmation, during Our business hours of 8am-3pm Monday-Friday unless otherwise agreed.

7.4   Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Oder and you (or someone identified by you) have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods

7.5   We will deliver the Goods by road, in an LGV, to your premises or that of a specified address made at he time of Order, it is your responsibility to make necessary arrangement to take delivery of the Goods.  We will require notification from you of any parking restrictions at the delivery address and if necessary make arrangements for Our company vehicle to be able to park as close as possible to the delivery address.  As defined in 7.8.

7.6   Our LGV will not be driven off road and it is your responsibility to advise Us in writing of any narrow roads or lanes, bends, height restrictions, driveways etc that will impede Our delivery vehicle on route to your premises or delivery address.

7.7   You own the Goods once We have received payment in full for them.

7.8   Our operatives are unable to deliver to site if the distance between off loading and site position is over 50m apart.  A site survey will be carried out to ascertain distance and if necessary road-side delivery only.  If this distance is more than 50m you will need to supply good, able help, capable of lifting the buildings panels.  If Our LGV cannot park and a return visit is required, this will incur a charge of £85 or 25% of the original cost for the abortive labour costs.

7.9   Delivery to site will be restricted if ground levels/gradients are too steep.  If operatives are required to lift panels above waist-height then you will have to assist or employ the assistance of 2 operatives to aid delivery, if this is unattainable then road-side delivery only.  A site survey will be carried out prior to off-load to ascertain calculations.

7.10 Postponement of the Goods within 2 working days before the delivery date, We reserve the right to charge a storage handling fee, to be settled before delivery can be made.

7.11 If through lack of advice from you, We are unable to deliver the Goods to you or in the case of a contract to erect the building on the date that We intended, We reserve the right to;

7.11.1 Stack the Goods adjacent to the delivery site;

7.11.2 Return the Goods to Our premises, We reserve the right to apply a re-stocking/re-delivery charge.

7.11.3 Goods will be delivered to a point most convenient from Our delivery vehicle, it is then your responsibility to provide able-bodied assistance to move the Goods to your chosen site.  We shall not be held responsible for missing items after a Delivery Only Service, please check all items are present at the time of delivery.

8  Assembly and Installation

8.1  Installations is free with most products, to allow Us to install the Goods you shall be responsible for ensuring sufficient parking and clear access to and around the sight.  Access should be wide enough for a person to walk without height restrictions, steps and severe turns as some sections of the Goods may not be able to negotiate these.  For Health and Safety reasons we cannot take panels over fences, walls, hedges or garages.  The base shall be clear of all rubbish.

8.2  All Our products require assembly.  No refund or replacement will be given for incorrect assembly or installation by you.

8.3  As we assume all Goods that have been assembled or installed, modified or painted in any way, were not defective at the time of delivery, no refunds or replacements will normally be available for such Goods.

8.4  Roofing felt is delivered in rolls, please take care when handling as they are heavy and can damage easily if dropped or manhandled.  Check shades of colour of roofing felt before cutting the roll or nailing as no exchange, refund or replacement will be given as this is not a product defect.  Exercise care with roofing felt as if cut incorrectly you may be short, however if this is the case you can purchase additional roofing felt at most large DIY retailers.

8.5  No buildings are pre-treated unless stated otherwise at the time of sale, We therefore recommend you treat the exterior and interior of the Goods as soon as possible after installation with a good quality wood preserver treatment.  Timber is porous and we also advise you to also apply a good quality waterproof treatment manufacturers instructions and treat the building on a regular basis, this will help keep the building in top condition.  Any advice or recommendations given by Us or Our employees to you as to the storage, application or use of the Goods which is not confirmed in writing by Us is followed or acted upon entirely at your own risk and accordingly We shall not be liable for any such advice or recommendation which is not so confirmed.

8.6  To ensure installation can be completed, you shall provide;

8.6.1   A concrete or paved base, being firm, square (diagonally) and level (by spirit level) no less than the size of your chosen product.

8.6.2   A timber base or Eco Base on firm, level, prepared ground no less than the size of your chosen product.

8.6.3   No other type of base will be accepted unless agreed in writing beforehand.


8.7  Ensure 600mm (2ft) un-constructive access is provided all around the proposed site.

8.8  No trees, branches or similar to encroach upon the working space of the proposed site.  This should also include the measurement from the ground to 600mm (2ft) above the height of the proposed building.

8.9  Provide clear external pedestrian access (not turn or height limited) to allow unimpeded passage of the Goods components and sections.

8.10 If on arrival, We find the access to the site or the base prepared by you does not comply with 8.1 or 8.6 then you shall be liable for action of your choice as defined in 8.11 or 8.12.

8.11 Upon abortive installation, the Goods can be left for self-assembly by you, but any installation service fee shall be retained for the abortive labour costs.

8.12 Upon abortive installation, the Goods can be left until you provide adequate access to the base or provide an appropriate base as defined in 8.1; 8.6; 8.7; 8.8; or 8.9; at which point a return installation visit can be arranged upon payment of an additional payment, this will be a minimum of £85 or 20% of the original cost, whichever is greater.  The initial fee having been retained to account for initial fee having been retained to account for initial abortive labour costs.

8.13 Upon completion of the installation of the Goods, you will be asked to sign a Customer Satisfaction form.  You should note on this form any problems that you may have with the Goods at this point.  If problems have not been noted and a revisit is required to resolve the problem, you may be charged a call out fee, this is at Our discretion.

9  Returning Goods If You Change Your Mind

9.1  If you are not satisfied with any NON-Bespoke Goods purchased from Us you have the right to return them in exchange for a refund or a replacement, subject to the provisions of this Clause 9.  This Clause 9 does not apply to Goods that are not in compliance with your legal rights.

9.2  This Clause 9 does not apply to Bespoke Goods.  Goods which We have produced or altered to order for you cannot be returned if you change your mind.

9.3  If you wish to return NON-Bespoke Goods to Us under this Clause 9 you must do so within 14 days of taking delivery (or collecting them from Us) telling Us why you wish to return the Goods.

9.4  All Goods must be returned to Us under this Clause 9 in their original condition and original packaging if applicable, accompanied by proof of purchase.

9.5  You may return Goods to Us in person during Our business hours of Monday to Friday between the hours of 9am-5pm to Tower Hill Industrial Estate, Wrotham, Kent, TN15 7NS or you may return them by post or another suitable delivery service of your choice.  You are solely responsible for the cost of returning Goods to Us.

9.6  You may request that We collect the Goods from you.  Please ensure that the Goods are ready for collection at the agreed time and location.  We may charge you for collecting Goods under this Clause 9.

9.7  We will not accept returns or cancellations of the Goods have been erected, altered by applying chemicals or paints to the surfaces or by altering or customising the Goods as his or her own, or that have been made to your personal requirements ie; optional fixtures or preferences.  You must keep any Goods you intend to return to Us in dry and good condition as when delivered.

9.8  Refunds or replacements will be issued to you within 10 working days of Our receipt of the Goods.

10  Guarantee

10.1  For Goods that We have produced, customised or altered (including Bespoke Goods) We guarantee that for a period of 1 year from the date of delivery, the Goods will be free from material defects.  This guarantee is subject to the exceptions listed in sub-Clause 10.2

10.2  Our guarantee does not apply to any defects in the Goods caused by:

10.2.1  Normal wear and tear;

10.2.2  Deliberate damage and/or misuse of the Goods;

10.2.3  Accidental damage;

10.2.4  Failure to use the Goods in accordance with their instructions;

10.2.5  The alteration or repair of the Goods by you or any third party that is not authorised by Us;

10.2.6  Installation on an unsuitable base as defined in 8.6.1 and 8.6.2

10.2.7  Installation by anyone other than Our authorised staff.

10.3  Our guarantee exists in addition to your legal rights as a customer.  More information on your rights as a customer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

10.4  For Goods that We have not produced, customised or altered, the Goods may be provided with a manufacturer guarantee.  For further details and terms please refer to the manufacturers guarantee documentation supplied with the Goods.  The manufacturer's guarantee exists in addition to your legal rights as a consumer.  More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

11 Our Liability

11.1  We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employers, agents or sub-contractors)  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

11.2  We only supply Goods for domestic and private use.  We make no warranty or representation that the Goods are fit for commercial business or industrial use of any kind (including resale)  By making your Order, you agree that you will not use the Goods for such purposes.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

11.3  We may as an option make good or supply components free of charge or replace Goods manufactured by Us which are found to be defective by reason of faulty material or workmanship.  Please notify Us in writing within 7 days of discovery of the alleged defect giving Us full details.

11.4  We shall have no liability in respect of any defect and/or consequential loss or damage arising from fair wear and tear, wilful damage, negligence on your part, abnormal conditions including storm damage, failure by you to provide adequate site and base work for a building, misuse of the Goods, alteration and/or addition to the Goods made by you or Us at your direction.

11.5  We shall have no liability for any defects if the total price of the Goods has not been paid by the due date for payment.

11.6  Timber is living, natural material affected by environmental and climatic changes, therefore We cannot accept liability for shrinkage, expansion, cracking, warping, variations in colour and other similar minor imperfections, such as knot holes.  You shall accept the position and shall make no objection with regard thereto and no such matters shall annul the sale or entitle you to annul the Contract.

11.7  We shall have no liability regarding whether planning consent is required for your Goods and it is your responsibility to make any such enquiries at your local planning department.

11.8  Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.

11.9  Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

11.10 Other than for death or personal injury due to the negligence of Us, liability to you shall not exceed the cost of the Goods.

12  Events Outside of Our Control (Force Majeure)

12.1  We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to; power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual) acts of war (declared, undeclared, threatened, actual or preparations for war) epidemic or other natural disaster, machinery breakdown or any other event that is beyond Our reasonable control.

12.2  If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions;

12.2.1  We will inform you as soon as is reasonably possible;

12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

12.2.4 If the event outside of Our control continues for more than 30 days, We will cancel the contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;

12.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.

13  Communication and Contract Details

13.1  If you wish to contact Us, you may do so by telephone at 01732 823455 or by email at info@shedfactorylimited.co.uk

13.2  In certain circumstances you must contact Us in writing (when cancelling an Order, for example)  When contacting Us in writing you may use the following methods;

13.2.1 Contact Us by email at info@shedfactorylimited.co.uk;

13.2.2 Contact Us by pre-paid post at, The Shed Factory, Tower Hill Industrial Estate, Wrotham, Kent, TN15 7NS;

14  Complaints and Feedback

14.1  We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint with accompanying photographs where appropriate.

14.2  If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways;

14.2.1 In writing, addressed to The Shed Factory, Tower Hill Indutrail Eastate, Wrotham, Kent, TN15 7NS;

14.2.2 By email, addressed to info@shedfactorylimited.co.uk;

14.2.3 By contacting Us by telephone on 01732 823455;

14.2.4 We reserve the right to approve, disapprove or display any reviews at Our discretion where we see fit, we may correct the grammar but not the content unless we feel it is necessary to remove any potentially offensive or unlawful statements;

15  How We Use Your Personal Information (Data Protection)

15.1  All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1088 and your rights under that Act.

15.2  We may use your personal information to;

15.2.1 Provide Our Goods and services to you;

15.2.2  Process your payment for the Goods;

15.2.3  Inform you of new products and services available from Us.  You may request that We stop sending you this information at any time;

15.3  In certain circumstances (if, for example, you wish to purchase Goods on Credit) and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1988 and should use and hold your personal information accordingly.

15.4  We will not pass on your personal information to any other third parties without first obtaining your express permission.

16  Risk and Title

16.1  All risk of accidental loss or damage to the Goods pass to you at the time of delivery.

16.2  The Goods shall remain the sole and absolute property of Us until We have received full payment.

16.3  Until the Goods become the property of you, you shall hold the Goods as Our fiduciary agent and Bailee and shall keep the Goods separate from those of your own and any third party, properly stored, protected and insured and identified as the property of Us.

16.4  Until the Goods become the property of you, We shall be entitled at any time to require you to deliver up the Goods to Us and if you fail to do so immediately, to enter upon any premises of you or any third party, where the Goods are stored and repossess the Goods.

17  Other Important Terms

17.1  We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example if We sell Our business)  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

17.2  You may not transfer (assign) your other obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

17.3  The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.  This is subject to sub-Clause 16.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.

17.4  If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authroity, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

17.5  No failure or delay by Us in exercising any of Our rights under these Terms and Conditions mean that We have waived that right and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

18  General

18.1  As We have no responsibility over your base, you are responsible for general maintenance of the Goods after We have left your site.  Doors and windows may need re-adjusting due to the base being slightly out of level and the building settling to your base.  Due to variations in Our climate, the roofing felt may experience undulations, this is nothing to cause concern and is beyond Our control.  We recommend the installation of guttering on all buildings and good ventilation of the interior.

18.2  All timber sizes are nominal ie; before machining.

18.3  We recommend you to insure the building and any contents against all risks.

18.4  We advise you not to install any electrical products in your building, if you insist then please seek a qualified electrician for advice and installation.

18.5  These Terms and Conditions contain the whole of Our liability and all conditions and warranties implied by statute common law or trade usage are hereby excluded.

18.6  We recommend you print out a copy of Out Terms and Conditions for future reference.

18.8  These Terms and Conditions do not affect your statutory rights.

19  Governing Law and Jurisdiction

19.1  These Terms and Conditions, the Contract and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.

19.2  Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contact, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of courts of England, Wales Scotland or Northern Ireland, as determined by your residency.

Copyright 2011 Shed Factory Limited - Company No. 7048199 - Registered office: 71 Bexley High Street, Bexley, Kent, England DA5 1AA - website by High Profile Ltd
Sheds in Swanley, Bromley, Chislehurst, Orpington, Dartford, Maidstone, Croydon, Sevenoaks, Bexley, Tunbridge Wells, West Malling, Tonbridge, Aylesford, Chatham, Gillingham, Rochester, Medway, Gravesend, Westerham, Bexleyheath, Sidcup, Sittingbourne, Faversham, Canterbury, Ashford, Cranbrook, Tenterden, Aylesford, Oxted, Edenbridge, Lingfield, Redhill, Godstone, Beckenham, Strood, Grain, Isle of Sheppey, Whitstable, Herne Bay, Kent, London, Essex, Surrey, Sussex
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