Terms of Business
- OUR CONTRACT WITH YOU
1.1 These are the terms on which we will carry out the work for you. Please ensure that you read them carefully before asking our staff to begin the work. We have highlighted those terms that you should pay particular attention to.
- CARRYING OUT THE JOB
After we visit your property and agree a cost for the job, we will give you a copy of the job spec which outlines the work we have a contract with yourself – you have full right to cancel this contract within 14 days of signing this agreement – please see your cancelling notice below
- PRICE AND PAYMENT
3.1 The price you pay will be detailed on your order form which you will be given a copy of and when the costs are expected to be paid
- OUR LIABILITY TO YOU
4.1 If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if you and we contemplated them at the time, we entered into this contract.
4.2 We will make good any damages caused to your property by us during the course of carrying out the work. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of carrying out the work or if we cause damage having to gain access to your property or any hidden pipes or drains to enable us to carry out the work (except where we have been negligent).
4.3 The work we carry out is for domestic and private use and as such, we will not be liable for any loss of profit to your business, loss of business, business interruption, or loss of business opportunity.
4.4 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
5.1 If we have to cancel an appointment due to an event outside our control or the unavailability of our engineer or key materials without which we cannot carry out the work, we will promptly contact you.
5.2 If we have to cancel an appointment under clause 7.1 and you have made any payment in advance for the work, we will refund this to you.
5.3 If we have already started the work by the time we have to cancel, we will not charge you anything and you will not have to make any payment to us.
5.4 Deposit paid at the time of booking is only refundable at our companies’ discretion from outside your 14 day cooling off period. Deposits paid are not just for drawing time but many factors including but not limited to the time spent by our sales team visiting your property and discussing your build, backend admin, drawing time by our trained individuals.
- INFORMATION ABOUT US AND HOW TO CONTACT US
6.1 We are a company registered in Scotland. Our company registration number is SC616733 Our registered office is at 21 West Nile Street, 2/1, Glasgow, Scotland, G1 2PS with Our main head office show site address is 272 Langmuir Rd, Glasgow G69 7RR
6.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning 0141 896 2843
6.3 If you wish to contact us in writing, you can send this to Us by e-mail, by hand, or by pre-paid post to OBG Homes Ltd. 21 West Nile Street, 2/1, Glasgow, Scotland or info@obghomes.co.uk We will confirm receipt of this by contacting you in writing. If we have to contact you in writing, we will do so by e-mail, by hand, or by pre-paid post to the address, you provide to us when you book your appointment.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
7.1 We will use the personal information you provide to us to:
(a) carry out the work;
(b) process your payment for such the work;
and (c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
7.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
7.3 We will not give your personal data to any other third party.
- OTHER IMPORTANT TERMS
8.1 We may transfer our rights and obligations under these terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
8.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.4 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you
8.5 Client to be present on the day of installation if not our installers will use their own judgment on compiling your scope of works
8.6 Client to provide power and if required water access
8.7 During construction work our company will be released from its responsibility to ensure any non-protected equipment or goods such as turf or Monoblock is not damaged
8.8 During the laying of concrete natural spillage is expected
8.9 Price agreed on the client signed copy of the order form will be the scope of works to be completed on-site we will quote for any additional cost for further work and if accepted will complete the work on-site works will be completed in good faith
8.10 Timescale of work is weather or working conditions dependent
8.11 Payment is due on day of completion of works or otherwise stated in your written contract
8.12 Where a skip hire is required our company will not be reasonable for any damages, which may be caused by the skip company providing or removing their skip
8.13 The company includes 10 years structural warranty support. This warranty excludes all moveable and weather exposed components included but not limited to doors, windows, plumbing & electrical works.
8.14 Access to your garden room is prohibited and your warranty could be withdrawn until payment is made in full, as per our insurance terms. Once full payment has been received, the build will then be handed over to yourself with the issue of key access, walk around & sign off.
- All deposits are non-refundable after 14 days from the signed order date or payment date whatever is earlier
9.1 As you are the homeowner we are not responsible for planning permission or building warranty approval, this includes when we offer drawing support or support for submitting online application.
9.2 Any additional workout with your signed contract will incur additional charges
10.1 This Section applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
10.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 8. You do not have to give any reason for your withdrawal or cancellation.
10.3 You agree that we may begin the provision of services before the expiry of the period referred to in Section 8, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
(a) if the services are fully performed, you will lose the right to cancel referred to in Section 8;
(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.
10.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 5, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
10.5 We will refund money using the same method used to make the payment unless you have expressly agreed otherwise. In any case, you will not incur any fees because of the refund.
10.6 We will process the refund due to you as a result of a cancellation on the basis described in this Section 5 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
11.0 Disclaimer: OBG Homes Ltd a Company registered in Scotland (Registration Number SC616733). Neither OBG Homes Ltd are affiliated or associated with any other Company or trading business of a similar name. OBG Homes Ltd cannot accept responsibility for any loss or damage arising from any assumptions implied or otherwise of any third party.
11.1 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 11.1. You do not have to give any reason for your withdrawal or cancellation.
This Section 10 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft, or profession.
11.2 You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.3, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
(a) if the services are fully performed, you will lose the right to cancel referred to in Section 11.4;
(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section.
11.5 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 5, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you at bottom of our website. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
12 At the time of entering into your agreement a deposit must be paid – If you have to cancel your agreement due to failure of planning permission then written proof will be required from either your local planning office or local government branches on headline paper and signature from the 3rd party
