Terms & Conditions

---

Important Legal Notice  

Terms and Conditions 

1    THESE TERMS 

1.1    What these terms cover. These are the terms and conditions on which we supply products to you. 
1.2    Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us using our contact details below to discuss.
1.3    Your legal rights. These terms are part of a legally binding contract between us. We are under a legal duty to supply products that are in conformity with this contract.
1.4    Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. 

2    ABOUT US 

2.1    Who we are. We are Affordable Dwelling Units is a company registered in Delaware. Our company registration number is 08398831 and our registered office is 444,N Michigan Avenue, Chicago, Illinois 60611.  
2.2    How to contact us. You can contact us by telephoning our customer service team at 561-418-3918 (Monday to Friday 8am to 5pm CST) or by writing to us at clients@adu-property.com
2.3    How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4    How we may use your personal information. We will only use your personal information as set out in our Privacy Notice.
2.5    "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 

3    OUR PRODUCTS AND PRICES 

3.1    Where to find the price for the product. The price of the product will be the price indicated on the webpage for the product and/or the order summary page provided to you prior to placing your order with us . We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 5.2 for what happens if we discover an error in the price of the product you order.
3.2    Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and textures accurately, we cannot guarantee that a device's display of the colours or textures accurately reflects the colour and/or texture of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are to an extent handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 2% tolerance. Please ensure that this is taken into consideration when placing an order with us for a bespoke or standard product. 
3.3    Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
3.4    Natural variations in timber. Minor scratches or natural defects in the wood and structure of the products  (i.e. splintering) are not considered defects. Timber cracks are a natural feature of timber which is characteristic for all types of wood. Cracks occur due to the constant moisture fluctuation caused by changing weather conditions. Similarly, timber may darken or develop dark spots after being exposed to weather elements such as moisture. This is particularly characteristic for timber which has not been treated and is considered a natural process. The cracks and/or discolouration do not affect the quality or longevity of the timber or the building, and so they are not considered product defects. Please ensure you are happy with this natural process and these product characteristics before placing an order with us. 
3.5    We do not promise or guarantee that our products comply with UK building regulations. Except products with “BRF” label. Please seek independent expert advice if you require a particular product to comply with any specific legal requirements, particularly in relation to building or property regulations or requirements. 
3.6    Our standard products are not for residential use. Our products are not suitable for habitation e.g. living or sleeping in, and you must not use them for this purpose. However customizations are possible to meet local building regulation requirements. 
3.7    Making sure your measurements are accurate. If we are making the product to measurements you have given us, you are solely responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us. Any error in the measurements provided to us for bespoke products made to measure shall be your responsibility and you shall note be entitled to a refund or replacement from us if such an error occurs. 
3.8    Minor changes to the products. We may change the product: 
   3.8.1    to reflect changes in relevant laws and regulatory requirements; or
   3.8.2    to implement minor technical or design adjustments and improvements.
We do not believe that these changes will affect your use of the product.
3.9    Significant changes to the products or changes to the price. We may make significant changes to the product, or changes to the price which reflect increased production costs between confirmation of your order and preparing your order, but if we do so we will notify you and give you the option to end the contract instead of continuing. You may then contact us to end the contract before you or someone nominated by you takes delivery of the product, and you may then receive a refund for any products paid for but not received.
3.10    How to tell us about problems. If you have any questions or complaints about our products, please contact us by writing to us at clients@adu-property.com.
3.11    Our guarantee. Subject to certain exceptions, our windows and doors come with a 2 year anti-rot guarantee, our electrical devices come with 1 year warranty, our bitumen shingles, metal roofing and EPDM roofing material comes with a 5 year guarantee and all other products or parts of products come with a 10 year anti-rot guarantee. This is in addition to, and does not affect, your statutory consumer rights. Our guarantee is subject to the following limitations.
   3.11.1    the guarantee does not apply to glazing;
   3.11.2    the guarantee does not protect against natural features and variations and changes in wood (please see clause 3.4);
   3.11.3    the product in its packaging must have been kept under a roof to protect it from the elements, particularly rain and snow, until assembly;
   3.11.4    the structure must be properly treated with a high quality oil based wood preserver and painted or stained on an annual basis;
   3.11.5    the product must have been assembled within 2 months of the date of delivery;
   3.11.6    the product must have been assembled on appropriate foundations, which shall be level and solid, structurally sound and prevent standing moisture or damp to accrue;
   3.11.7    the roof covering must have been properly laid, with roof covering not heavier than 30kg per square meter;
   3.11.8    the product must have been appropriately used for its intended purposes (as specified to us or as set out on our website);
   3.11.9    the product must not have been subjected to third party alterations or modifications which were not authorised or approved by us in advance.
If any of the above guarantee terms and conditions are not complied with by either yourself or another person or organisation (whether acting on your behalf or otherwise), we reserve the right to refuse to process, action or comply with any request for replacement or refund under the guarantee.
Please contact us if you would like any advice or assistance in understanding or complying with these guarantee terms. 

4    PLACING YOUR ORDER 

4.1    Before you place an order. Please check your shopping basket summary carefully to ensure that it contains full and accurate information for the products that you are ordering, and for all price, payment and delivery information. This includes (without limitation) checking that the ordered products have the correct description and that the price is acceptable. You are responsible for checking that the ordered products meet your particular needs and that you have adequate cleared funds to pay for the products to the amount specified by the timescales agreed.
4.2    Incorrect information. If any of the information you have provided is found to be inaccurate or insufficient for any reason, we will contact you to ask for additional or revised information. If you do not give us this information within a reasonable time of us asking for it, or if you give us further incomplete or incorrect information, we may either end the contract (and clause 9.3 will apply) and/or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 
4.3    What will happen when you place an order. A summary of your order will be shown on the webpage immediately after your order has been placed. Shortly after you have placed an order with us, we will send you an order acknowledgement. 
4.4    If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
4.5    Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.6    Changing your order. Please check your order acknowledgment and order confirmation carefully and let us know if there are any issues. It is your responsibility to check the details of an order and let us know if there are any errors. If you wish to make a change to the product(s) you have ordered, please contact us immediately. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change are unacceptable to you, you may choose to end the contract (see clause 7). 

5    PAYMENT 

5.1   For UK customers only:  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. 

For both UK and US Customers:
5.2    What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
5.3    When you must pay and how you must pay. You must pay in full or a specified amount as a deposit for the products before we offload them. We accept payment by debit card or credit card (excluding American Express) online and by telephone (Monday to Friday 8am to 5pm).
5.4    Paying a deposit. The deposit required is usually 30% of the full price for bespoke products and 25% of the full price for other products. We reserve the right to charge a higher or lower deposit amount depending on your order; however, we will always communicate this to you before you place your order with us. If you pay a deposit upfront, you must pay the balance of the price on the date specified which may be before or on delivery of the product.
5.5    What to do if you think an amount or charge is wrong. If you think an amount or charge is wrong, or if you think you have paid an incorrect amount for your order, please contact us promptly to let us know 

6    DELIVERY AND COLLECTION 

6.1    Delivery costs. All delivery costs are free for all customers in the UK and those customers that reside in the lower 48 states of the USA.
6.2    Please let us know if there is anything which may prevent or hinder delivery; for example, difficulties accessing or unloading at your delivery address such as particularly small or complicated environments through which our delivery team may need to access to complete your delivery. Please see the clauses below regarding limitations on our delivery service. 
6.3    When we will provide the products. During the order process we will let you know when we anticipate delivering the products to you. Please note that our estimated delivery timescales are estimates only 
6.4    Collection by you. If you have asked to collect products from our premises, then when the product is ready for despatch you can collect it from us from Jeavons Eurotir, Unit 4, Seeleys Park, Seeleys Road, Tyseley, Birmingham B11 2LR after agreeing collection with us. 
6.5    If we and you cannot agree a delivery date when we contact you. After the product reaches our warehouse, you will be contacted either directly by us or the haulage company to arrange a delivery date. From that moment the product is stored in the warehouse free of charge for two months, unless it was agreed otherwise before the purchase. If the client is unable to accept the delivery within 2 months additional charges will be applied. Every extra month of storage will cost an additional 4% from the total price of the order. The client will receive an updated invoice at the end of every month. The additional costs for storage has to be paid within 14 days, if the client fails to do so, the order will be cancelled. The maximum storage duration is 6 months, if the client is unable to accept the delivery within this period of time the order will be cancelled and the deposit will be refunded to the client, this rule does not apply to bespoke orders. If you have a bespoke product ordered, please contact your sales manager to agree on terms according to your current status.
6.6    You must pay for products in full in cleared funds before delivery or collection. If you have only paid a deposit when ordering the product, the outstanding balance must be paid on the date specified by us which may be before the date of delivery or on delivery. The delivery driver will not be able to offload the product to you at your chosen location for delivery if the outstanding balance has not been paid in full cleared funds. We can only accept payment during our office hours 8am to 5pm on weekdays excluding bank holiday. As an example, if we agree a delivery time with you after 5pm on a weekday, the balance must be paid before our office closes the last working day before delivery. If in these circumstances you fail to pay the balance during our office hours and the haulier is already on his way to you with the product, the product will be taken back to our warehouse and you will be charged for transportation and administrative costs.
6.7    We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.8    If no one is at the delivery address when the product is delivered. If no one is available to take delivery at the delivery address provided and the products cannot be posted through your letterbox, we will either (and acceptance by you of these Terms and Conditions shall be classified as you providing us with your consent to): (1) leave the product(s) in a safe location on or at the delivery address specified in your order; (2) deliver the product(s) to an authorised individual on your behalf, which shall, for the avoidance of doubt, include a neighbour; or (3) leave you a note informing you of how to rearrange delivery.
6.9    If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.3 will apply.
6.10    We may deliver in instalments. However, if there is a fee payable for delivery, this fee will only be charged once if we choose to deliver one order in multiple deliveries unless we have specified otherwise and this has been accepted by you. Please note that some of the accessories such as insulation, EPDM roof covering are delivered by a third party company, therefore it would be delivered within 1-5 working days after you have received the product.
6.11    We use a third party delivery company to deliver products to you. To assist us to satisfy the level of demand for our products, we utilise the services of another company to get the products to you. These delivery companies which act on our behalf cannot accept cash, cheques or provide any technical information concerning the product. Unless otherwise agreed between us in writing, we shall deliver the product(s) to the kerbside of your chosen delivery location only. If a delivery driver should agree, at their discretion, to deliver the products closer or on the delivery location itself, please note that we are not responsible for any damage to property which may occur as a result of providing this discretionary assistance, including to driveways, lawns, or flower beds. It is your responsibility to ensure that there is a safe working area for the delivery and correct/pay for any damage or loss which may occur should our delivery driver(s) agree to providing further assistance with your delivery
6.12    Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract between you and us as at an end straight away if any of the following apply:
   6.12.1    we have gone past our delivery estimate by more than 50% of the period anticipated when you placed your order;
   6.12.2    we have refused to deliver the products (unless this was known and agreed by you prior to placing your order with us); or
   6.12.3    delivery within the delivery deadline was essential and agreed between us in writing (taking into account all the relevant circumstances). 
6.13    Setting a new deadline for delivery. If you do not wish to treat the contract between you and us as at an end straight away under clause 6.12, or do not have the right to do so under clause6.12, you can select to agree a new deadline for delivery with us, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.14    Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.12, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 561-418-3918 (Monday to Friday 8am to 5pm CST) or email us at clients@adu-property.com for a return label or to arrange collection.
6.15    When you become responsible for the product(s). A product will be your responsibility from the time we deliver the product to you (or someone you nominate) at the address you gave us or to a safe place or neighbour, or you or a carrier organised by you collect it from us. Any damage to or theft of the product after this will be your responsibility.
6.16    When you own product(s). You own a product once we have received payment in full and the product is in your possession.
6.17    What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your name and address. We may contact you in writing to ask for this information if it is missing from the information provided when you placed the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.3 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.18    Please check products on receipt. You must check that all products and components are present, correct and undamaged before starting to assemble the product. If there are any missing, incorrect or damaged products or components, please contact us within 7 days to arrange for us to replace or provide these free of charge. You must not begin to assemble or install the product until you have all of the correct and undamaged parts required. We shall require photographs of any damaged part. 
6.19    Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
   6.19.1    deal with technical problems or make minor technical changes;
   6.19.2    contact you in the event the payment method which you have stipulated for deduction of payments for products rejects or declines any payment request made by us;
   6.19.3    update the product to reflect changes in relevant laws and regulatory requirements; or
   6.19.4    make changes to the product as requested by you or notified by us to you. 

7    YOUR RIGHTS 

7.1    You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.2    Ending the contract because what you have bought is faulty or misdescribed. If you have any questions or complaints about a product you have received from us, please contact us. In this case, you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back). We are under a legal duty to supply products that are in conformity with the contract between you and us. 
7.3    Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.3.1 to 7.3.4 below the contract will end immediately and we will refund you in full for any products which have been paid for, but not received. The reasons are:
   7.3.1    we have told you about an upcoming change to the product or these terms which you do not agree to;
   7.3.2    we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
   7.3.3    there is a risk that supply of the products may be significantly delayed because of events outside our control; or
   7.3.4    you have a legal right to end the contract because we have failed to comply with our legal obligations.
7.4    Ending the contract because you have changed your mind. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days, in which case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
7.5    Important - please note that you do not have a right to change your mind in respect of:
   7.5.1    any products which are bespoke, customised or personalised (which, for the avoidance of doubt, shall include products which are made to your specifications or designed/manufactured specifically for you as a one of a kind item that cannot be resold); or
   7.5.2    any products which become mixed inseparably with other items after their delivery.
7.6    Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract between us shall be completed when the product is delivered (or collected by you or someone on your behalf) and paid for in full cleared funds. If you want to end the contract before it is completed, please contact us immediately to let us know. The contract will end immediately once you have informed us of your decision to cancel and we will refund any sums paid by you for products not received. Please be aware, however, that  we reserve the right to deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract where we are not at fault and there is no right to change your mind. In case of cancellation for standard products which are not from stock and bigger than 10K, we keep the amount of the deposit to cover probable losses.  

8    HOW TO END THE CONTRACT WITH US 

8.1    Tell us you want to end the contract. 
   8.1.1    To end the contract with us because you have changed your mind within the Cooling-off Period please let us know by doing one of the following:  
   (a)    Email us at clients@adu-property.com. Please provide your order number and brief details of what you bought, when you ordered or received it and your name and address; or
   (b)    Write to us at 444 N Michigan Avenue, Chicago, Illinois 6011. Please provide your order number and brief details of what you bought, when you ordered or received it and your name and address; or
   (c)    Using the Model Cancellation Form below: 
   (i)    Online. Complete the Model Cancellation Form and email this to the email address specified on the form.
   (ii)    By post. Complete the Model Cancellation Form and post it to us at the address specified on the form. 
   8.1.2    To end the contract for any other reason, please email us at clients@adu-property.com. Please provide your order number and a brief description of what you bought, when you ordered it, the delivery date and your name and address.
8.2    Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or after you or someone you nominate has received them, you must return them to us. You must either return the products in person or by post to ADU Property, Unit 4, Seeleys Park, Seeleys Road, Tyseley, Birmingham B11 2LR. If the products are not suitable for postal return or you cannot return the products in person, we may agree to collect the products from you. We reserve the right to charge a fee for collection in certain circumstances - see clause 8.5. If you are exercising your right to change your mind for a product, you must send off the product or arrange for collection within 14 days of telling us you wish to end the contract. 
8.3    When we will pay the costs of return. We will pay the costs of return where:
   8.3.1    you are returning the products because the products are faulty or misdescribed; or
   8.3.2    you are ending the contract because we have told you of an upcoming change to the products or these Terms and Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
You will need to pay for the return in the first instance. We will refund you the cost of returning the product(s) to us as soon as possible on receipt of the product from you.  
8.4    When we will not pay the costs of return. We will not pay the costs of return if you are exercising your right to change your mind in respect of any product within the cooling-off period. In these circumstances you are responsible for the costs of return. If the product cannot be returned by post, we will collect it at your cost.
8.5    What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. Final fee depends on the chosen product. 
8.6    Proof of postage. When returning products to us, we strongly recommend you secure proof of postage or return for your records. We may require you to provide this proof of postage to us in certain circumstances. 
8.7    How we will refund you. We will refund you the price you paid for the product(s), including delivery cost, by the method you used for payment unless otherwise agreed between us. 
8.8    Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
   8.8.1    The product must be kept in good condition and returned in the packaging in which it was delivered. If the product was delivered in kit form, it must be returned in the same way. You must ensure that any returned products are properly packed to avoid any damage or loss of parts in transit.
   8.8.2    We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
   8.8.3    The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.9    When your refund will be made. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive or collect the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. 

9    OUR RIGHTS 

9.1    We may end the contract and cancel your order any time within three working days of your order being submitted. If we do this, we will inform you within 24 hours of the cancellation. If this happens, we will refund you in full for any amounts that you have paid to us for products which have not been received.
9.2    We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
   9.2.1    you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
   9.2.2    you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name and address for delivery; or
   9.2.3    you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.3    You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 9.2 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 

10    OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

10.1    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
10.3    We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4    We are not liable for problems caused by faulty or inadequate assembly of the product by a third-party company.  

11    IMPORTANT GENERAL TERMS 

11.1    We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.2    You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, products have already been dispatched to your address. However, you may transfer our guarantee at clause 3.11 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
11.3    Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause  

11.4 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
11.5    If a court finds part of this contract illegal, the rest will continue in force. 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.
11.6   Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the product, we can still require you to make the payment at a later date.
11.7    Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of the State of Delaware, USA.
11.8    Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Please contact us if you wish to exercise your rights to commence alternative dispute resolution proceedings. 
 

12. Warranty 

12.1.     For the structural stability of the Product (buildings) installed by the Contractor a 10 year warranty is applied. Structural stability warranty means that the Product (building) will remain solid and firm.
12.2.     The warranty conditions and terms for the Works to be covered by the national Construction law.
12.3.     The Contractor’s liability shall only cover defects which appear within the warranty period specified in the Contract, beginning at the date of taking over of the Works.
12.4.     Defects of the warranty period shall be notified to the Contractor without undue delay after the defect has appeared and in no case later than 14 days after the expiry of the defects liability period. The notice shall describe how the defect manifests itself. The Customer must provide all photographs requested by the Contractor to support the claim.
12.5.     The Customer shall immediately notify the Contractor of any defect which may cause damage to the Works, including but not limited to the structural stability of the building matter (Clause 9.2). If the Customer fails to do so, the Contractor shall not be liable for any damage which could have been avoided if notice had been given immediately.
12.6.     The Customer shall lose his right to have remedied a defect if he fails to give notice of the defect in the manner and within the time specified in the Clauses 9.4.
12.7.     Upon receipt of the warranty claim as described in Clause 9.4, the Contractor is obligated to commence the repair work within 20 (twenty) working days after the Customer provides all the warranty-related details requested by the Contractor, or other term agreed by the Parties.
12.8.     The warranty period shall not be extended for the repaired parts of the Works.
12.9.     The Contractor shall not be liable for defects caused by circumstances arising after taking over, such as but not limited to:
    12.9.1.     operating conditions not in accordance with the Terms &  

Conditions;
    12.9.2.     incorrect operation or defective maintenance by the Customer or third party;
    12.9.3.     unsuitable storage by the Customer or third party;
    12.9.4.     incorrect repair by the by the Customer or third party;
    12.9.5.     variations undertaken by the by the Customer or third party without the Contractor’s notice of approval;
    12.9.6.     normal wear and tear;
    12.9.7.     event described in Clause 6.9;
    12.9.8.     other circumstances or actions for which the Contractor is not responsible.
12.10.     In order for the warranty provided for in Clause 9.1 to be valid, the Customer must take all measures necessary for the proper maintenance of the Product, including protection against external influences (periodic impregnation, proper ventilation, etc.). In case the Customer fails to take the measures mentioned, Clauses 9.9.1, 9.9.2 shall apply.
12.11.     The Contractor’s liability does not cover defects which are due to errors or omissions in documentation, materials or work which has been supplied or performed by the Customer.
12.12.     In case the Customer gives notice of a defect (Clause 9.4) and no defect is found for which the Contractor is liable, the Contractor is entitled to compensation for the costs he incurs as a result of the notice. The minimum damages of the Contractor is an amount of £1,400.00 for the Team to arrive to Site for the inspection. 

13. Confidentiality 

13.1.     Neither Party may, without the other Party’s consent, use or disclose to a third party any technical or commercial information originating from the other Party, which that Party has stated to be confidential or which is otherwise of a clearly confidential nature, unless such information has entered the public domain through no fault of the receiving party.
13.2.     The obligation of confidentiality shall not apply, however, to the extent that such use or disclosure is necessary for the receiving Party in order to perform his obligations under the Terms and Conditions, or for execution or maintenance of the Works.
13.3.     A Party who is in breach of Clause 10.1 shall compensate the other Party for the damage caused by such breach. 

14. Force majeure 

14.1.     The following circumstances shall constitute Force Majeure if they impede the performance of the Works or makes performance unreasonably onerous: industrial disputes and any other circumstance beyond the control of the parties such as fire, earthquake, landslide, storm, flood and other natural disasters, war, civil war, rebellion, revolution, insurrection, military or usurped power, riot, civil commotion or disorder, insofar as it relates to the country where the Site is located or countries through which supplies must be transported, requisition, seizure, currency and trade restrictions, insurrection and civil commotion, shortage of transport, general shortage of materials, restrictions in the use of power and defects or delays by subcontractors caused by such circumstances.
14.2.     A party wishing to claim Force Majeure shall no later than 14 days after the occurrence notify the other party thereof. If a party fails to give notice within that time he shall not be entitled to claim Force Majeure for the period preceding the notice.
14.3.     If Force Majeure has lasted 180 days, or if it is clear from the circumstances that Force Majeure will last 180 days, then either party may terminate the agreement by notice to the other Party. 

15. Limitation of liability 

15.1.      Neither Party shall, whether in Terms and Conditions, tort (including negligence) or otherwise, be liable for or obliged to indemnify the other Party for any direct or indirect loss or damage such as, but not limited to, loss of profit, loss of use or production, loss of data and loss of contracts. This limitation of liability shall not apply, however, where such loss or damage has been caused by wilful misconduct or gross negligence. 

16. Language 

16.1.     The language in which the Terms and Conditions is drawn up is referred to as the ruling language. All discussions, negotiations, notices and proceedings between the parties and all documents to be provided by either party under the Terms and Conditions shall, unless otherwise agreed, be in the ruling language. 

17. Disputes, Applicable law 

17.1.     Any dispute arising out of or in connection with the Terms and Conditions or the Works shall be finally settled by the courts in the State of Delaware.
17.2.     The Terms and Conditions shall be governed by the law of the State of Delaware.