GX Modular Terms & Conditions

Garden Annexes is a trading style of GX Modular Ltd, and these are our terms and conditions.

Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to.

These Terms and Conditions were last updated on 1st January 2024 to provide a greater clarity with some elements.

TERMS & CONDITIONS

v01/01/2024

Please read the following important terms and conditions before you buy anything from us and check that they contain everything which you want and nothing that you are not willing to agree to.

This contract sets out:

• your legal rights and responsibilities

• our legal rights and responsibilities, and

• certain key information required by law

In this contract:

• We, us or our means GX Modular Limited, and

• You or your means the person buying goods and services from us

If you do not understand any of this contract and want to talk to us about it, please speak with us at our premises or contact us by:

e-mail: hello@gardenannexes.com

Emails will be responded to between the hours of 9am and 5pm Monday to Friday.

Telephone: 0800 368 9781

Calls will be answered between the hours of 9am and 5pm Monday to Friday.

Who are we?

We are GX Modular Ltd, registered in England and Wales under company number: 11952810

Garden Annexes is our trading style.

Garden Annexe is our product.

Our registered office is at: Saxon House, Moseley's Farm Business Centre, Bury Saint Edmunds IP28 6JY

Our VAT number is 340998667

Our trading address is Unit 9, Four Wheel Drive, Rougham Industrial Estate, Bury St Edmunds, IP30 9ND

1. INTRODUCTION

1.1 If you buy goods and services from us you agree to be legally bound by this contract.

2. INFORMATION WE GIVE YOU

2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Typically, we will do this at our premises before you buy the Garden Annexe and services from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.

Information we will give you

We will give you information on:

The main characteristics of the Garden Annexe and services you want to buy

Who we are, where we are based and how you can contact us

The total price of the Garden Annexe and services including any purchase taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price)

Any additional delivery charges (or where this cannot reasonably be worked out in advance, the fact that such additional charges may be payable)

The arrangements for payment, delivery, performance and carrying out of the Garden Annexe and services

Our complaint handling policy: The fact that we are under a legal duty to supply goods that are in conformity with the contract

Our after-sales services our commercial guarantees and how to end the contract

2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3. ORDERING FROM US

3.1 Below, we set out how a legally binding contract between you and us is made:

(a) Any quotation given by us before you make an order for goods and services is not a binding offer by us to supply such goods and services.

(b) When you decide to place an order for goods and services with us, this is when you offer to buy such goods and services from us.

(c) When you place your order with us, we will acknowledge it at our premises by providing an order confirmation form and receipt by post or by email. This acknowledgement does not, however, mean that your order has been accepted.

(d) We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons: (i) the Garden Annexe is unavailable within your preferred timescales (ii) we cannot carry out the services (this may be because, for example, we have a shortage of staff) (iii) we cannot authorise your payment (iv) you are not allowed to buy the Garden Annexe or services from us (v) we are not allowed to sell the Garden Annexe or services to you (vi) you have ordered too many goods (vii) there has been a mistake on the pricing or description of the Garden Annexe or services (e) We will only accept your order when we confirm it at our premises or we will email you to confirm this. At this point: (i) a legally binding contract will be in place between you and us, (ii) we will dispatch the Garden Annexe to you, and (iii) we will start to carry out the services in the way you and we have agreed, although we will agree with you a timetable for carrying out the services and installing the Garden Annexe

3.2 If you are under the age of 18 you may not buy any goods or services from us.

4. CARRYING OUT OF THE SERVICES

4.1 We must carry out the services by the time or within the period which you and we agree (either at our premises or in writing). If you and we have agreed no time or period, a reasonable period of time may be considered to be within 9 months of order.

4.2 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the services as soon as those events have been fixed.

Examples of events which might be beyond our reasonable control include: (a) you change the services (and this means we have to do extra work or wait for extra materials) (b) we have to wait for other providers to complete their work before we are able to carry out the services (c) materials are not delivered at the time agreed with the supplier of the materials (and we cannot obtain a replacement within a reasonable time or the price charged by a supplier is much higher than the original charge (d) we cannot access the site at the times we agreed with you (e) you have not prepared the site in the way we agreed with you (f) poor weather conditions (g) unforeseeable ground conditions

4.3 Although we have allowed for the costs associated with applying for planning permission or Lawful Development Certificate submission within your Quotation / Sales Order, some extra-over costs may be applied by the local authority. This includes but is not limited to the addition of a Community Infrastructure Levy (CIL), House in Multiple Occupancy (HMO) or similar and where this is the case these additional costs shall be your responsibility and invoiced once a planning decision has been made. In addition, any “special” requirements / conditions of the planning approval e.g. that an archaeological survey is carried out or that certain materials be used in the construction shall again be your responsibility and invoiced separately. For clarity, no additional charges will be applied to your account without your express permission to us – and there will be no additional liability to your account until we have complete information from the Local Authority. In the unlikely event of any additional fees becoming due, these will only incurred by us and invoiced to you with your written approval to us.

4.4 When we carry out the services, we might not have all of the materials we need. This might be for a number of reasons, such as: (a) we have not provided an estimate to you and cannot work out what materials are necessary until we start carrying out the services (b) where we have provided an estimate, it might not have been possible to work out what materials we needed at the time we provided the estimate to you and this might only be revealed when we start carrying out the services (c) whether or not we have provided an estimate, the condition of an item or the area where the services are being carried out might become apparent only when we start carrying out the services and it might not have been possible to establish it until that point

4.5 If we need to purchase extra materials, we will buy them from a local supplier, where possible. If we cannot do this we will order them from elsewhere and return later to continue to carry out the services.

4.6 Upon completion of the works we shall undertake to put back soft and hard landscaping as is reasonably required and as agreed in writing with your Project Manager prior to undertaking any on site works.

Please note that our activities may damage grass/lawn areas, however we will not be responsible for making these good. It should also be noted that although we will put back concrete where we have had to cut through for service trenches, we will not be able to reinstate tarmac where we have had to do the same. In such instances we will re-fill trenches up to tarmac level for you to made good.

Also, where any planted beds are at risk due to access or trenching requirements, it shall be your responsibility to remove and store any plants that you wish to ensure are not damaged by our activities. You will be given a chance to discuss all of this at your Pre-Start Survey with your Project Manager.

5. DELIVERY

5.1 Your Quotation and Order Confirmation from us includes all delivery costs to your agreed location.

5.2 Once we have clarity from your Local Authority on the status of your planning permission or LDC, we will let you know (see term 3.1) the estimated date and time window for delivery of the Garden Annexe.

5.3 If something happens which: (a) is outside of our control, and (b) affects the estimated date of delivery we will let you have a revised estimated date for delivery of the Garden Annexe.

5.4 Delivery of the Garden Annexe will take place when we deliver it to the address that you gave to us.

5.5 We cannot deliver the Garden Annexe to any address other than where they are to be installed. It is your responsibility to ensure that there is sufficient and secure space to store the Garden Annexe prior to installation. We will undertake the offload and commence installation.

5.6 Whilst the components of the annexe remain our property and responsibility until handover, you must be present to take delivery of the Garden Annexe on the day of delivery and you should ensure sufficient space and access remains in place to facilitate the delivery. If you are not going to be available to take delivery on the estimated delivery date (see term 3.1), you must let us know as soon as possible using the contact details at the top of this page. If you do not let us know that you will not be available as soon as reasonably able to do so, we may charge you for the haulage costs of any abortive delivery.

5.7 You are responsible for the Garden Annexe once delivery has taken place. In other words, the risk in the Garden Annexe passes to you when you take possession of the Garden Annexe. Formal ownership of your annexe passes to you only once all outstanding sums have been cleared and the Transfer of Ownership documentation has been completed and satisfied by both parties.

5.8 We may deliver your goods in instalments. If you would like additional details on the delivery and installation plan, please speak with us.

6. CHARGES AND PAYMENT

6.1 We will let you know the basis of calculating the charges for the services and goods (and any extra charges such as delivery charges) to the fullest extent we can when you place an order with us.

6.2 We provide quotations for our services using our experience to assess the nature and extent of the work needed to prepare and install the Garden Annexe. If we can and you ask us for it, we will let you have a number of estimates (e.g. best case scenario, worst case scenario and likely scenario).

We may charge you a lower or higher amount than stated in the estimate. Where we charge you a higher amount, this might occur for a number of reasons, in particular, if what you need us to do changes, or the amount of services you need us to carry out increases or is different from what we and you agreed before we started carrying out the services; or when we carry out the services, it becomes clear the extent of services we will need to carry out is different from what we agreed before we started carrying out the services and we could not have reasonably foreseen this. Please contact us using the contact details at the top of this page, if you want any further information on your bill or have a query on it.

6.3 We only accept BACS transfers and card payments, and our account details can be found on our invoices.

6.4 You will be invoiced in four instalments unless we agree otherwise, the schedule of which can be found under item 6.8 “Payment Terms.”

6.5 You must pay all payment requests in full immediately on the date they are due, please check your invoice for the relevant date(s).

6.6 If any part of your payment is not received by us and you have already received the Garden Annexe, you: (a) must pay for such goods immediately, or (b) we may collect the Garden Annexe from you at your expense. We will try to contact you to let you know if we intend to do this.

6.7 If your payment is not received by us and we have already started to perform the services, we may also charge interest on any balance outstanding at the rate of 3 percentage points a year above the Bank of England’s base rate. We will email you to let you know if we intend to do this.

6.8 Payment Terms: We ask for a non-refundable LDC/Planning charge which will book and confirm your installation slot once your LDC (Lawful Development Certificate) / planning permission is complete and dates agreed. A payment of 45% is due, on commencement of Site Pack / groundworks. A third instalment (45%) will be payable when your Garden Annexe is delivered ready for Installation. A fourth and final instalment of 10% less the LDC charge is due immediately upon completion. Only upon receiving your full and final settlement will you be issued the keys to your annexe, unless otherwise agreed in writing with your Project Manager.

6.9 The LDC / Planning Permission service fee is not refundable and is not a deposit

6.10 The price of the Garden Annexe and services: (a) is in pounds sterling (£)(GBP) (b) includes VAT at the applicable rate (c) includes the cost of delivery

7. NATURE OF THE SERVICES

7.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:

(a) the services are carried out with reasonable care and skill (b) you must pay a reasonable price for the services, and no more if you and we have not fixed a price for the services, and (c) we must carry out the services within a reasonable time if you and we have not fixed a time for the services to be carried out

8. NATURE OF THE GARDEN ANNEXE

8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the Garden Annexe: (a) is of satisfactory quality (b) is fit for purpose (c) matches the description, sample or model, and (d) is installed properly.

8.2 We must provide you with goods that comply with your legal rights.

8.3 Any Garden Annexe sold: (a) at discount prices (b) as remnants (c) as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

8.4 If we cannot supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case: (a) we will let you know if we intend to do this, but this may not always be possible (b) you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for

9. FAULTY SERVICES AND GOODS

9.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please: (a) speak with us at our premises (b) visit our webpage: www.gardenannexes.com (c) contact us using the contact details at the top of this page, or (d) visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06

9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

9.3 You must check the Garden Annexe and services to the best of your ability as soon as is reasonably possible after they have been completed, delivered or installed. You must tell us about any alleged defect in the services or the Garden Annexe as soon as reasonably possible after becoming aware of the alleged defect.

9.4 Please contact us using the contact details at the top of this page, if you want: (a) us to repeat the services (b) us to fix the services (c) us to repair the Garden Annexe (d) us to replace the Garden Annexe (e) a price reduction (f) a refund

10. END OF THE CONTRACT

10.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11. LIMIT ON OUR RESPONSIBILITY TO YOU

11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any: (a) losses that: (i) were not foreseeable to you and us when the contract was formed (ii) that were not caused by any breach on our part (b) business losses (c) losses to non-consumers

11.2 In addition to term 11.1 above, our total financial responsibility to you will not be more than the price you pay for the Garden Annexe and services we are providing. If this term 11.2 is deemed to be unfair or unreasonable it will not affect term 11.1.

12. DISPUTES

12.1 We will try to resolve any disputes with you quickly and efficiently.

12.2 If you are unhappy with any of the below, please contact us as soon as possible. (a) the garden annexe or services (b) our service to you (c) any other matter

12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will: (a) let you know that we cannot settle the dispute with you, and (b) give you certain information required by law about our alternative dispute resolution provider at the time.

12.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.

12.5 Relevant United Kingdom law will apply to this contract.

13. THIRD PARTY RIGHTS

No one other than a party to this contract has any right to enforce any term of this contract.