Terms and Conditions
Company registration number 11825644
Registered office: Unit 15 Wallows Road, Brierley Hill, England, DY5 1QB
VAT number: 823917910 | Telephone: 01384 424538 | Email: info@westmidlandssummerhouses.com
Please read these Terms carefully before placing your order. They explain what we supply, what you are responsible for, how specifications are agreed, how materials behave, how payments and dates are handled, what happens if there is a problem, and how our warranty works.
Nothing in these Terms excludes or limits any consumer rights or liability that cannot legally be excluded or limited.
Quick Contents
- These Terms and Acceptance
- Definitions
- Our Contract With You
- Prices, VAT and Payment
- Website Information, Images, AI Content and Examples
- Products, Materials, Specification and Normal Behaviour
- Planning Permission, Building Regulations, Height and Non-Habitable Use
- Bases, Ground Conditions, Drainage and Airflow
- Intended Use, Heavy Items and Load-Bearing Requirements
- Pre-Manufacture Information, Access and Site Readiness
- Delivery, Installation Dates, Customer Delays and Storage
- Installation, Refitting, Re-Attendance and Additional Works
- Customer Changes After Order Acceptance
- Our Right to Make Minor Changes and Material Substitutions
- Inspection, Completion and Sign-Off
- Damage, Marks, Snagging and Remedial Works
- Glass, Glazing and Optional Window Features
- Doors, Windows, uPVC, Aluminium and Adjustments
- Roofing
- Customer Additions, Third-Party Works and Alterations
- Electrics, Plumbing, Heating, Air Conditioning and Appliances
- Humidity, Condensation, Damp, Mould and Ventilation
- Warranty and Guarantee
- Self-Installation
- Maintenance
- Complaints and Problems
- Cancellation, Refunds and Ending the Contract
- Liability, Delay and Reimbursement Claims
- Business Customer Warranty and Liability
- Photographs, Videos, Marketing and AI Editing
- Data Protection
- Alternative Dispute Resolution
- General Legal Terms
- Final Customer Acceptance and Auto-Sign Section
1. These Terms and Acceptance
1.1 These Terms and Conditions apply to the supply, manufacture, delivery and, where agreed, installation or fitting of garden buildings, summerhouses, garden rooms, offices, sheds, workshops, storage buildings, bases, accessories, doors, windows, cladding, roofing, insulation and other goods or services supplied by West Midlands Summer Houses Limited.
1.2 We are West Midlands Summer Houses Limited, a company registered in England and Wales. Company registration number: 11825644. Registered office: Unit 15 Wallows Road, Brierley Hill, England, DY5 1QB. VAT number: 823917910.
1.3 You can contact us by telephone on 01384 424538 or by email at info@westmidlandssummerhouses.com.
1.4 We may contact you by telephone, email, post, Facebook Messenger, Instagram, WhatsApp, text message, website form, electronic signature platform or any other written communication method you have used with us.
1.5 In these Terms, writing, written, confirmed in writing and similar phrases include email, WhatsApp, Facebook Messenger, Instagram messages, text messages, signed forms, electronic signatures, website acceptance forms, written quotations and written order confirmations.
1.6 By signing these Terms, ticking an online acceptance box, approving a Final Plan, paying a deposit, allowing manufacture to begin, or otherwise confirming your order, you confirm that you have received, read and understood these Terms. This does not remove any legal rights you have as a consumer.
1.7 Nothing in these Terms affects any statutory rights that cannot legally be excluded or restricted.
1.8 You must follow any checklist, Final Plan acknowledgement, customer acknowledgement sheet, materials list, roofing choice acknowledgement, intended-use confirmation, heavy-load disclosure, base/drainage guidance, access checklist, maintenance sheet or other written customer guidance issued with or after these Terms. By accepting the order, you confirm that you have read and understood those documents before manufacture begins.
1.9 We may update, amend, replace or improve our Terms from time to time because our products, suppliers, working practices, customer issues, legal requirements, warranties, materials and business risks change over time. The version that applies to your order is the version provided or made available to you at the time we accept your order, unless a later change is required by law, safety, regulation, product availability, supplier requirements, or is agreed between us in writing.
1.10 Updated Terms will normally apply to future orders, new quotes, later variations, additional works, remedial works outside warranty, re-attendance, storage, re-fitting and any separate new quote.
2. Definitions
2.1 We, us and our means West Midlands Summer Houses Limited.
2.2 You and your means the customer.
2.3 Building or Summerhouse means the garden building, summerhouse, garden room, office, shed, workshop, storage building or other structure supplied by us as described in the Quote, Final Plan or written specification.
2.4 Goods means any physical products, materials, components or accessories supplied by us.
2.5 Services means any design, fitting, delivery, installation, base installation, repair, inspection, re-attendance, refitting, take-down or other service supplied by us.
2.6 Quote means the written quotation, estimate, order confirmation or written message setting out the goods, services, price and specification.
2.7 Final Plan means the plan, drawing, sketch, design, layout, specification or written confirmation approved by you before manufacture.
2.8 Written Specification means any written list of materials, sizes, components, colours, cladding, glazing, insulation, roof covering, base, extras or other details expressly agreed by us for your order.
2.9 Materials List means any general document, website page or written information explaining the types of materials, construction methods, available options or standard practices we may use. A Materials List is general guidance unless the relevant item is written into your Quote, Final Plan or Written Specification.
2.10 Bespoke Goods means goods made to your measurements, selected specification, colour choice, layout, design, plan, site requirements or customer requirements.
2.11 Base means any surface, frame, foundation, slab, ground screw system, timber frame, concrete frame, concrete slab, paving, pads, blocks, posts, subframe or other supporting structure on or into which the Building is placed.
2.12 Customer-Supplied Base means any base, foundation, ground condition, surface or supporting structure not supplied and installed by us as part of the Quote.
2.13 Normal Domestic Use means ordinary private use of a garden building, such as seating, office use, light storage, light leisure use, hobby use or similar use. It excludes heavy, specialist, commercial, unusual or concentrated loads unless expressly agreed in writing.
2.14 Heavy or Specialist Load means any single item over 50kg, any item with 50kg or more bearing through legs, feet, wheels, castors, frames or other support points, any concentrated load, and any item or use listed in clause 9.
2.15 Customer Delay means any delay, postponement, failed attendance, missing information, site readiness issue, access issue, payment delay, base issue, customer absence, late customer change or customer request that prevents, delays or disrupts manufacture, delivery, installation, completion, collection or storage release.
2.16 Bought-In Components means components, materials or products supplied or manufactured by third parties. These may include uPVC doors, uPVC windows, aluminium doors, aluminium bifolding doors, glass, double-glazed units, locks, hinges, handles, gaskets, seals, roof coverings, insulation, membranes, cladding, uPVC boards, sheet materials, trims, sealants, fixings and similar items.
2.17 Normal Material Behaviour means movement, tolerance, weathering, colour variation, expansion, contraction, maintenance needs and other ordinary behaviour of materials or components, as described in these Terms. Normal Material Behaviour is not automatically a defect.
2.18 Consumer means an individual buying from us wholly or mainly for personal, domestic or private use. Business Customer means a customer buying wholly or partly for trade, business, commercial, professional, rental, resale, public-sector, club, charity, school, care home, hospitality or similar non-domestic use.
3. Our Contract With You
3.1 A contract comes into existence when we confirm that we can supply the Building, Goods or Services and we accept your deposit or other payment.
3.2 The contract includes these Terms, the Quote, the Final Plan, any Written Specification, any customer acknowledgement sheet, any materials/specification summary accepted by you, and any written amendments confirmed by us.
3.3 If there is any inconsistency, the usual order of priority is: any later written variation confirmed by us; the Quote or order confirmation; the Final Plan and Written Specification; customer acknowledgement sheets; these Terms; any Materials List or website information; then marketing, social media, images, videos or examples.
3.4 You must carefully check the Quote, Final Plan and Written Specification before accepting your order. This includes checking size, layout, door and window positions, cladding type, roof type, colours, insulation, internal lining, base specification, delivery and fitting requirements, access requirements, use of the Building and any additional extras.
3.5 If something is not shown or written on the Quote, Final Plan or Written Specification, it is not included unless we confirm otherwise in writing.
3.6 Optional extras, upgrades and specialist items are only included if expressly requested by you and confirmed in the Quote, Final Plan or Written Specification. This includes aluminium doors or windows, aluminium bifolding doors, integrated blinds, blinds inside glass units, Georgian bars, leaded glass, privacy glass, alternative glazing styles, special colours, upgraded hardware, roof upgrades, insulation upgrades, cladding upgrades and any other non-standard feature.
3.7 If you require a particular product, brand, colour, finish, glazing style, blind, bar design, frame material, roof type, insulation type, cladding type, lining type, door or window type, hardware item, load-bearing requirement or specialist feature, you must tell us before order acceptance and ensure it is written into the Quote, Final Plan or Written Specification.
3.8 Unless stated otherwise, all measurements are approximate and external. Timber and handmade products may have reasonable tolerances due to the nature of the materials, manufacturing, transport and installation.
3.9 External dimensions are not internal usable floor dimensions. Internal space will be reduced by wall thickness, insulation, internal lining, structural timbers, roof construction, door and window frames and other components.
3.10 Most Buildings and related goods supplied by us are bespoke, made to customer measurements, made to customer specification or adapted for the customer. This may affect cancellation rights and refunds as set out below.
3.11 The order will be manufactured based on the information you provide. If you later tell us information that should reasonably have been provided before manufacture, including heavy-load details, site access, base condition, humidity risk, drainage risk or intended use, we may need to re-quote, delay, redesign, cancel, charge additional costs or refuse to proceed.
4. Prices, VAT and Payment
4.1 The price is the price stated in the Quote or written order confirmation. Unless stated otherwise, prices exclude VAT, delivery, fitting, base works, groundwork, waste removal, planning applications, building control, crane or HIAB requirements, parking suspensions, restricted-access works, electrical connection, plumbing, specialist equipment, decorating and bespoke finishes.
4.2 VAT will be charged at the prevailing rate where applicable.
4.3 Where a customer believes they qualify for VAT relief, disabled VAT relief or any other VAT treatment, the customer is responsible for providing accurate information, valid declarations and any required evidence. We are not responsible for incorrect VAT relief claims made because of inaccurate, incomplete or misleading information supplied by the customer.
4.4 Unless otherwise agreed in writing, a 25% deposit is payable when you accept the order.
4.5 Unless otherwise agreed in writing, you may cancel within 48 hours of paying your deposit. After that period, the deposit is non-refundable to the extent permitted by law because we may have allocated materials, administration time, planning, design work, labour, manufacturing capacity, supplier orders and workshop space to your bespoke order.
4.6 Unless otherwise agreed in writing, the balance must be paid no later than 7 days before delivery or installation.
4.7 We may refuse to deliver, release, install or continue work where payment has not cleared by the required date.
4.8 Any additional goods, services, changes, remedial work outside warranty, extra labour, re-attendance, storage, redelivery, refitting, take-down, reinstallation or other charges must be paid by the date stated on the relevant invoice. If no date is stated, payment is due within 7 days.
4.9 If you do not pay on time, we may charge interest at 4% per year above the base lending rate of Lloyds Bank plc, accruing daily from the due date until payment.
4.10 If you believe an invoice is incorrect, you must contact us promptly in writing. You must still pay any undisputed amount on time.
4.11 If you obtain a PayPal, card provider, finance provider or bank refund, chargeback or payment reversal in circumstances where you are not entitled to a refund under these Terms or by law, you agree to reimburse us for all losses, costs, fees and charges we reasonably incur as a result.
5. Website Information, Images, AI Content and Examples
5.1 Website pages, Materials Lists, brochures, adverts, social media posts, previous installations, photographs, videos, AI-assisted images, digital mock-ups, renders, edited photos, showroom examples and display examples are for general guidance, inspiration and illustration only.
5.2 The customer’s actual order is only what is confirmed in the Quote, Final Plan and Written Specification. A material, upgrade, finish, feature or option shown or mentioned online is not included unless it is written into your order documents.
5.3 We aim to show our Buildings as realistically as possible and, where AI-assisted or digital editing is used, we do not intentionally change the fundamental design, structure, proportions, roofline, wall height, fascia, cladding direction, doors, windows or main specification of the Building being shown.
5.4 AI-assisted tools, digital editing, camera settings, lighting, screen displays and marketing layouts may occasionally create minor visual differences, imperfections, inconsistencies, enhancements or changes. You must not rely on online images as an exact promise of your final Building unless the exact feature, size, material, colour, finish or layout is confirmed in the Quote, Final Plan or Written Specification.
5.5 We may digitally alter, tidy, crop, replace or improve surrounding garden areas, backgrounds, landscaping, fences, patios, grass, paving, furniture, accessories, skies, lighting or non-building features for presentation purposes. This may happen where a garden is unfinished, under renovation, untidy, unsuitable for advertising or where we want to show a cleaner example.
5.6 A digitally edited garden, AI-assisted background, staged interior, lifestyle image, display image, previous customer garden or marketing layout is not a guarantee that your own garden, site, surroundings, access, lighting, view, finish, layout or completed Building will look the same.
5.7 Where reasonably possible, you may visit our factory, workshop or display area before ordering or before final manufacture to inspect materials, workmanship, construction methods, finishes and examples in person. We strongly encourage customers to do this where they need certainty over materials, finish, scale, appearance or construction.
5.8 If you choose not to visit our factory, workshop or display area, you accept that your order is based on the Quote, Final Plan, Written Specification and these Terms rather than relying solely on online images, edited photographs, videos, AI-assisted content or marketing examples.
6. Products, Materials, Specification and Normal Behaviour
6.1 Your Building may vary slightly from images and examples due to size, materials, availability, ground conditions, access, colour batches, timber movement, lighting, weather, camera settings and the bespoke nature of the order.
6.2 Where possible, you may ask to view materials before placing an order. You are responsible for ensuring you are happy with the materials, finish and general product type before ordering.
6.3 A Materials List explains typical materials, components and construction methods we may use across our buildings. It is general guidance only. The exact materials, sizes, cladding, insulation, lining, glazing, roof covering, door type, window type, base type and other components included in your order are those stated in the Quote, Final Plan or Written Specification.
6.4 Measurements, material sizes and wall thicknesses are approximate unless expressly stated as exact. Timber, sheet materials, cladding boards, trims, glazing units, roof coverings, insulation and handmade components may have reasonable manufacturing, machining, supplier and installation tolerances.
6.5 We may use suitable equivalent or upgraded materials where required due to supplier availability, stock changes, technical suitability, structural requirements, product improvements, legal requirements, weather, access, building size or manufacturing needs, provided the change does not materially reduce the main function or agreed specification of the Building.
6.6 Normal Material Behaviour is not automatically a fault, defect or manufacturing issue. The fact that an issue has occurred does not automatically mean there is a manufacturing fault. The cause must be inspected and assessed.
Timber framework and structural timbers
6.7 Depending on the Building size, specification and intended use, our framework may include 45mm x 30mm framework, 65mm x 40mm CLS framework, larger structural timbers or other suitable timber sections.
6.8 45mm x 30mm framework may be used on buildings where suitable. 65mm x 40mm CLS framework may be used on upgraded buildings, including 91mm wall build-ups, and on sections containing uPVC doors and windows.
6.9 On buildings around 3.6 metres / 12 feet deep or more, or where the roof span, roof design or load requires it, we may use 150mm x 45mm structurally graded roof timbers or other suitable upgraded roof timbers to suit the roof span and Building design.
6.10 We generally use redwood grown in the northern hemisphere, selected for its suitability for timber garden building construction and joinery applications.
6.11 Timber is a natural product and may move, expand, contract, shrink, swell, twist, warp, split, shake, cup, bow, crack, show knots, show resin, show sap, show grain variation, show colour variation and change over time. Structural grading or joinery quality does not mean timber will be free from natural timber features or cosmetic variation.
6.12 Natural timber movement, including movement caused or contributed to by drying, weather, humidity, heating, ventilation, moisture, sunlight, base movement or seasonal changes, is not automatically a defect.
Wall build-ups and wall thickness
6.13 Our wall build-ups vary depending on the framework, insulation, cladding and internal lining selected.
6.14 A wall build-up may be approximately 71mm overall, made up of approximately 20mm external cladding, 45mm framework, insulation between the framework and 6mm internal lining.
6.15 A 91mm wall build-up may be used on upgraded buildings, made up of approximately 20mm external cladding, 65mm CLS framework, insulation between the framework and 6mm internal lining.
6.16 Where 9mm moisture-resistant MDF matchboard-effect internal lining is selected instead of 6mm plywood lining, the overall wall thickness may be approximately 94mm to 95mm, depending on material tolerances.
6.17 Wall thicknesses are construction descriptions only and are not a promise of any specific U-value, acoustic value, fire rating, building regulation status, habitable-room standard or structural engineering certification unless expressly confirmed in writing.
External cladding options
6.18 Our standard external timber cladding is usually 20mm matchboard-style timber cladding unless another cladding option is stated in the Quote, Final Plan or Written Specification. Timber cladding may move, shrink, expand, open slightly at joints, show knots, grain variation, resin, sap, colour variation, raised grain, surface checking and weathering.
6.19 Timber cladding requires treatment, protection and maintenance. Painted, stained or treated timber may require future coats, touch-ups and maintenance. Timber movement may expose untreated lines, board joints or tongue-and-groove movement, especially during the first months after installation and during seasonal changes.
6.20 Where selected, we may supply 20mm composite cladding. Composite cladding may be advertised or described as a maintenance-free style external cladding option, but it may still show normal expansion, contraction, colour variation, batch variation, surface marks, water marks, fading, static build-up, staining, weathering, joint lines and trim lines. Composite cladding is not a structural component unless expressly agreed in writing.
6.21 Where selected, we may supply 10mm uPVC flat boards externally with joining strips between boards. uPVC flat boards and joining strips may show expansion, contraction, colour variation, batch variation, surface marks, movement, visible joints, trim lines and normal cosmetic changes over time. Joining strips, cover trims and visible joints are part of this system and are not defects.
6.22 uPVC flat-board colours, trims, doors, windows, fascia boards and other bought-in uPVC items may vary slightly between batches, suppliers and product types. A perfect colour match between different uPVC components is not guaranteed unless expressly confirmed in writing.
6.23 Where selected, we may supply 20mm cedar cladding as a premium natural timber cladding option. Cedar may show natural colour variation, grain variation, knots, tannin marks, weathering, silvering, surface checking and movement. If the customer wants to preserve a particular cedar colour or appearance, suitable treatment and maintenance will be required.
6.24 Natural weathering, colour variation, surface checking, tannin staining, minor movement, grain variation, expansion, contraction, visible joins, trim lines or maintenance requirements in cladding are not automatically defects unless caused by defective workmanship or defective materials supplied by us.
Breathable membrane
6.25 A breathable membrane will be fitted to the applicable parts of the Building where necessary. It forms part of the Building’s moisture-management system.
6.26 A breathable membrane is not a guarantee that the Building cannot suffer from damp, condensation, water ingress, rot, mould, swelling or moisture-related issues if the Building is not properly maintained, ventilated, drained or used.
6.27 Holes, fixings, brackets, vents, pipes, cables, customer additions, third-party works, later cladding changes, roof penetrations, wall penetrations or alterations may affect the membrane, weatherproofing and warranty.
Insulation
6.28 Where insulation is included, the insulation type and thickness will be as stated in the Quote, Final Plan or Written Specification. Insulation options may include Rockwool-style mineral wool insulation, Celotex/Kingspan-style PIR insulation board or suitable equivalent insulation products.
6.29 Where Rockwool-style mineral wool is used, we may use 100mm insulation compressed into the framework, depending on the framework depth and Building specification. Compression of insulation to suit the agreed framework is not automatically a defect.
6.30 Where Celotex/Kingspan-style PIR board or suitable equivalent rigid insulation board is used, we may use 25mm, 40mm, 50mm or thicker boards depending on the framework, design and customer specification.
6.31 Insulation helps improve comfort and, depending on product type, may assist acoustic performance. Unless expressly confirmed in writing, we do not state or guarantee any specific U-value, acoustic rating, fire rating, condensation prevention, energy-performance figure, heating or cooling performance, Building Regulations compliance or habitable-room standard.
6.32 Actual thermal comfort will depend on many factors, including Building size, wall build-up, roof build-up, floor build-up, glazing, doors, air gaps, ventilation, heating, cooling, external temperature, customer use and maintenance.
Plywood, MDF, flooring and internal lining
6.33 Our standard floor construction may include suitable timber framework with 18mm Far Eastern plywood flooring sheets, unless a different specification is stated in the Quote, Final Plan or Written Specification. The standard floor is designed for Normal Domestic Use unless an upgraded floor, upgraded base, concrete slab, extra supports or heavy-load specification is agreed in writing.
6.34 Our standard roof deck may be 12mm Far Eastern plywood unless another roof deck is stated in the Quote, Final Plan or Written Specification. The roof deck must remain protected by the roof covering.
6.35 Our standard internal lining may be 6mm Far Eastern plywood unless a different lining is stated in the Quote, Final Plan or Written Specification. As an upgrade, we may offer 9mm moisture-resistant MDF matchboard-effect internal lining or another suitable internal lining.
6.36 Plywood, MDF and other sheet materials are timber-based products and may show face variation, grain variation, patches, filler, knots, colour variation, sheet joins, edge marks, surface marks, machining marks and normal board tolerances.
6.37 Plywood bond class, hardwood plywood, moisture-resistant MDF or any moisture-related description does not mean the material is waterproof, rot-proof, mould-proof or suitable for prolonged wet exposure. Plywood and MDF must be protected from persistent moisture, standing water, trapped damp, poor ventilation, leaks, condensation and unsuitable storage or use.
6.38 Moisture-resistant MDF is moisture-resistant, not waterproof. It may swell, mark, distort, stain or deteriorate if exposed to leaks, damp, condensation, poor ventilation or persistent moisture.
6.39 Plywood floors may flex slightly under normal use depending on the Building design, base, floor span, supports and loading. Minor creaks, movement or sound are not automatically defects.
6.40 Swelling, staining, mould growth, raised grain, warping, delamination, softening or deterioration of plywood, MDF or sheet materials caused or contributed to by moisture exposure, poor drainage, splashback, condensation, leaks, lack of ventilation, customer use, customer storage, base issues or third-party works is not automatically a manufacturing fault.
Fixings and nails
6.41 We may use 45mm ring-shank nail gun nails and other suitable nails, screws, pins, bolts, brackets, adhesives, sealants, trims and fixings as we reasonably consider suitable for the component, material and construction method.
6.42 Visible fixings, nail heads, pin holes, filled areas, touch-ups, trim joints, sealant lines and repairable cosmetic marks are not automatically defects. Fixings may move slightly as timber expands, contracts and settles.
7. Planning Permission, Building Regulations, Height and Non-Habitable Use
7.1 Unless expressly agreed in writing, you are responsible for checking whether planning permission, building regulations approval, landlord consent, estate management consent, listed building consent, conservation area permission, leasehold consent or any other permission is required.
7.2 We may offer general comments based on experience, but we do not provide legal planning advice, formal planning advice, Building Regulations advice, structural engineering advice or certification unless expressly agreed in writing.
7.3 You must consider the total finished height of the Building including any base, ground screws, timber frame, concrete frame, roof covering, levelling system or other support. Ground screws, timber frames, concrete frames and other base systems may increase finished height.
7.4 Unless expressly agreed in writing, our Buildings are garden buildings and are not supplied as permanent residential accommodation, sleeping accommodation, annexe accommodation, Building Regulations-approved habitable rooms, or extensions to a dwelling.
7.5 Use of the Building as habitable accommodation, sleeping accommodation, self-contained living accommodation or for any use requiring planning permission or Building Regulations approval without written agreement may affect warranty and suitability.
7.6 Unless expressly confirmed in writing, we do not guarantee any specific U-value, energy rating, sound rating, fire rating, structural engineering certification, Building Regulations compliance, habitable-room status or suitability for sleeping accommodation.
8. Bases, Ground Conditions, Drainage and Airflow
8.1 The Building requires a flat, level, stable, load-bearing and free-draining base suitable for the Building and its intended use.
8.2 If we are not expressly supplying and installing the base as part of the Quote, the base is your responsibility. You are responsible for ensuring it is suitable in all respects, including strength, level, stability, size, drainage, ground preparation, moisture control, airflow and load-bearing capacity.
8.3 Unless expressly agreed in writing, we are not responsible for inspecting, testing, approving, designing, certifying or structurally calculating a Customer-Supplied Base. If we proceed with delivery or installation, this does not mean we have accepted legal responsibility for the design, strength, drainage or suitability of the base.
8.4 Unless expressly agreed in writing, we do not carry out flood-risk assessments, drainage surveys, hydrological surveys, soil investigations, structural calculations or ground-condition testing. You are responsible for ensuring the site is suitable, free-draining and not prone to flooding, groundwater, surface water, pooling, saturation, settlement, subsidence or heave.
8.5 If the base is unsuitable, uneven, unstable, too small, too large, poorly drained, compressible, soft, moving, incorrectly positioned, obstructed, wet, out of level or unable to support the Building and intended use, we may refuse to install, suspend work, charge for wasted labour, delivery, fuel, travel, accommodation, storage and re-attendance, leave goods on site where safe and practical, require a disclaimer before proceeding, or cancel the contract where the issue cannot reasonably be resolved.
8.6 A base that extends beyond the footprint of the Building can cause rainwater to splash back onto the underside, floor, walls, bearers, plywood, MDF, membranes, insulation, cladding or timber components. This may cause damp, rot, swelling, mould, deterioration or premature failure. We are not responsible for damage caused or contributed to by an oversized base, poor drainage, standing water, water pooling, splashback, ground moisture, inadequate ventilation under or around the Building, or any base design not supplied and approved by us in writing.
8.7 You must ensure water drains away from the Building. Water must not pool beneath, around or against the Building. Soil, paving, patios, artificial grass, decking, gravel, planters, landscaping, stored items or other materials must not direct water into, under or against the Building.
8.8 The customer must not block airflow around, beneath or against the Building. Decking, paving, soil, artificial grass, planters, storage, landscaping, fences, insulation, cladding, wall linings or other additions must not trap moisture, bridge damp, block ventilation or direct water against the Building.
8.9 Damage caused or contributed to by flooding, groundwater, surface water, high water tables, poor drainage, ground saturation, soil movement, settlement, subsidence, heave, natural drainage patterns, blocked airflow, trapped moisture, bridged damp, landscaping, customer additions or third-party works is not a manufacturing or workmanship defect unless caused by defective workmanship or defective materials supplied by us.
8.10 We do not recommend installing a Building, timber frame, concrete frame or base over artificial grass, AstroTurf, soft landscaping, loose ground, mats, pads, unstable surfaces or compressible materials unless expressly assessed and agreed in writing.
8.11 If you ask us to proceed over or onto artificial grass, AstroTurf, mats, pads, soft ground, loose material or any compressible surface, you accept the risk that the surface may affect level, stability, ventilation, drainage, moisture performance, settlement, movement, floor performance and long-term suitability.
8.12 If you later place heavy items, specialist equipment, concentrated loads, gym equipment, pool tables, safes, bars, storage racking or similar items into a Building installed over or near artificial grass, AstroTurf, soft surfaces or compressible layers, we are not responsible for movement, settlement, creaking, unevenness, flexing, distortion, damp, rot, instability, damage or the cost of upgrades unless caused by defective workmanship or materials supplied by us.
8.13 Where a base includes more than one layer or system, such as a concrete frame, timber frame, pads, artificial grass, slabs, ground screws or other materials, movement, compression, moisture or settlement in any part of that build-up may affect the Building. We are not responsible for issues caused by parts of the base or ground build-up not designed, supplied and agreed by us in writing.
8.14 Ground screw bases are only suitable for certain ground types. Suitability cannot be guaranteed until ground conditions are assessed. If the ground is unsuitable, we may recommend an alternative base or additional works at extra cost.
8.15 You are responsible for identifying and marking all underground services, including pipes, drains, cables, gas, water, electrical supplies, broadband, irrigation, sewage and any other underground obstruction. We are not responsible for damage to underground services where you have not accurately identified them or where their location differs from the information provided.
9. Intended Use, Heavy Items and Load-Bearing Requirements
9.1 Before accepting the Quote and before manufacture begins, you must tell us in writing exactly what the Building will be used for.
9.2 You must tell us about expected occupancy, heating and cooling plans, ventilation needs, exposure to weather, damp or shaded conditions, unusual site conditions, business or commercial use, and any special requirements so that we can recommend an appropriate base, floor, wall, roof, glazing, insulation, cladding, door and window specification.
9.3 You must tell us in writing about any single item over 50kg, any item with 50kg or more bearing through legs, feet, wheels, castors, frames or other support points, and any heavy, unusual, specialist or concentrated loads that will be placed in, on or attached to the Building.
9.4 Red-flag items include, but are not limited to, pool tables, snooker tables, premium slate bed tables, gym equipment, free weights, treadmills, multi-gyms, hot tubs, spas, water features, aquariums, water tanks, safes, machinery, tools and workshop equipment, storage racking, heavy shelving, bars, commercial fridges, vending machines, stoves, heaters, air conditioning units, large televisions, cinema equipment and any heavy item installed by a third party.
9.5 Where heavy or specialist items are intended, you must provide the item description, make and model where known, total weight, dimensions, number of legs, feet or support points, estimated weight per support point, intended position inside the Building, manufacturer or installer requirements, and any structural, base or floor requirements provided by the supplier.
9.6 If you do not provide written details of heavy, specialist, unusual, commercial, humid, damp-risk or high-occupancy use before order acceptance, we are entitled to assume the Building is required for Normal Domestic Use only.
9.7 Unless expressly agreed in writing, our standard timber floors, timber frame bases, concrete frame bases, ground screw bases and supporting structures are designed for Normal Domestic Use only. They are not designed, specified or warranted for unusual, specialist, commercial, excessive or concentrated loads.
9.8 Where heavy or specialist items are disclosed, we may recommend an upgraded floor, upgraded base, additional supports, a concrete slab, structural calculations or independent advice. Any such recommendation will be based only on the information you provide.
9.9 We do not provide structural engineering calculations, load calculations or formal engineering certification unless expressly agreed in writing as a separate service.
9.10 If you fail to disclose heavy items, specialist use, unusual use, concentrated loads, high humidity use or commercial use before accepting the Quote and before manufacture, we are not responsible for any resulting movement, creaking, flexing, settlement, deflection, damage, failure, cracking, distortion, instability, damp, condensation, mould or unsuitability unless caused by defective workmanship or materials supplied by us.
9.11 If a third-party supplier or installer later advises that the Building, floor, base, roof, wall, door, window, insulation or ventilation is not suitable for an item or use that was not fully disclosed to us before manufacture, we are not responsible for the cost of upgrading, altering or replacing the Building, floor, base or related components unless the issue is caused by defective workmanship or materials supplied by us.
10. Pre-Manufacture Information, Access and Site Readiness
10.1 Before manufacture begins, and whenever reasonably requested by us, you must provide accurate information about the intended use, heavy items, site conditions, base, access route, obstacles and installation requirements. We may delay manufacture, delivery or installation until required information has been received.
10.2 You must provide clear photographs and a video showing the proposed base area and the full access route from the nearest suitable unloading point to the installation area before manufacture begins, or by any date we reasonably request. For straightforward orders, we may allow this to be provided later, but in any event it must be supplied no later than 15 working days before delivery or installation unless we agree otherwise in writing.
10.3 The video and photographs must show the full access route, gates, alleys, steps, slopes, turns, doorways, overhead restrictions, walls, fences, fragile surfaces, drains, manholes, pipes, sewage, trees, landscaping, parking restrictions, the base and surrounding ground.
10.4 You must provide measurements of narrow points, gates, alleys, steps, turns, slopes, doorways, overhead restrictions and any other restricted areas.
10.5 You are responsible for ensuring suitable access to the installation area before delivery. Unless otherwise agreed in writing, we require at least 600mm / approximately 2ft clearance around the perimeter of the Building and along the access route. Additional clearance may be required depending on the size and design of the Building.
10.6 If you provide incomplete, inaccurate or late information, we are not responsible for delays, failed delivery, failed installation, additional costs or inability to complete the work.
10.7 We may refuse or suspend delivery or installation where access is unsafe, unsuitable, restricted or materially different from the information provided.
10.8 We are not insured to carry Buildings, panels or products over roofs or unsafe obstacles. If you ask us to lift, carry or manoeuvre products over fences, roofs, walls, extensions, fragile surfaces or other obstacles, this is at your risk unless we agree otherwise in writing.
10.9 Where access is tight, awkward, restricted or obstructed, there may be an increased risk of marks, scuffs or damage to property, landscaping, fences, walls, posts, paths, gates, lawns, plants or the Building. If you instruct us to proceed despite restricted access, you accept that risk except where damage is caused by our failure to use reasonable care and skill.
10.10 If we attend site and cannot deliver or install due to access, base, parking, payment, safety, missing information, customer absence, weather risk or site readiness issues outside our control, we may charge for wasted labour, delivery, fuel, travel, accommodation, storage, re-attendance and administration.
11. Delivery, Installation Dates, Customer Delays and Storage
11.1 Delivery costs will be confirmed in writing. Delivery is not included unless expressly stated in the Quote.
11.2 Fitting or installation is not included unless expressly stated in the Quote.
11.3 Delivery and installation dates are estimates unless expressly confirmed as fixed in writing. Time is not of the essence unless expressly agreed in writing.
11.4 We are not responsible for delays caused by events outside our reasonable control, including weather, bad ground conditions, unsafe site conditions, traffic, supplier delays, illness, accidents, breakdowns, material shortages, staff shortages, strikes, pandemics, public health issues, legal restrictions, customer delays or other unforeseen circumstances.
11.5 We may postpone, suspend, cancel or rearrange delivery or installation where, in our reasonable opinion, it is unsafe, impractical, commercially unreasonable, weather-affected or outside our control to proceed. We will rearrange the work as reasonably practical.
11.6 Once a delivery or installation date has been arranged, and especially once manufacture has started or the Building has been assembled or allocated space in our workshop, you must make all reasonable efforts to accept delivery and installation on the agreed date.
11.7 You may ask to change the delivery or installation date, but we are not required to accept a date change where manufacture has started, materials have been ordered, labour has been allocated, transport has been booked, other customers are affected, or the Building is already occupying workshop or storage space.
11.8 If you postpone, cancel, delay, fail to accept delivery or installation, fail to provide access, fail to have the base ready, fail to pay on time, or otherwise prevent us from attending or completing on the arranged date, you will be responsible for reasonable additional costs caused by that Customer Delay.
11.9 Additional costs may include wasted labour, transport, fuel, administration, re-attendance, accommodation, re-booking, storage, re-handling, taking the Building down, restocking, protecting materials, reassembling, rechecking, manufacturing disruption and loss of workshop space.
11.10 Where a Building must be stored because of Customer Delay, we may charge storage at a minimum rate of £50 per day for every 2.5 square metres, or part of 2.5 square metres, of Building footprint or storage space required. We may also charge any reasonable additional handling, take-down, restocking, protection, reassembly, transport or administration costs.
11.11 The storage charge is intended to reflect the fact that bespoke Buildings can occupy valuable workshop space and may need to be taken down, stored, protected, restocked or reassembled. Storage charges continue until the Building is delivered, installed, collected, cancelled or otherwise resolved.
11.12 If Customer Delay continues for more than 14 days, we may require payment of all outstanding balance, storage and additional costs before proceeding. If the delay continues for more than 30 days, we may cancel the contract and deduct or charge reasonable costs and losses, subject to your statutory rights.
11.13 If no one is available at the property and we cannot safely deliver or install, we may charge additional delivery, storage and re-attendance costs.
11.14 If we cannot install but can safely leave products on site, we may do so at our discretion. Responsibility for the goods passes to you once delivered to your property.
11.15 You own the Goods once we have received payment in full.
11.16 Risk in the Goods passes to you when they are delivered to your property, collected by you or left on site with your agreement or as reasonably necessary.
12. Installation, Refitting, Re-Attendance and Additional Works
12.1 The installation cost included in a Quote covers the initial fitting of the Building as quoted and agreed, subject to the site, access, base, specification and information being as described by you and accepted by us.
12.2 The original installation cost does not include later taking down, dismantling, moving, storing, refitting, reassembling, reinstalling, re-levelling, adapting, changing, rebuilding, correcting customer changes, correcting Customer-Supplied Base issues, dealing with third-party works, or carrying out remedial work that is not our responsibility.
12.3 Refitting, take-down, reinstallation, re-attendance or additional works can be substantially more expensive than the original fit because the work may involve dismantling completed sections, protecting materials, additional labour, travel, replacement parts, unknown site conditions, re-checking, re-levelling, risk of damage and disruption to other work.
12.4 Any refitting, take-down, reinstallation, relocation, re-attendance or additional works outside the original quoted installation and outside a valid accepted warranty claim will require a new quote. We are not required to carry out such works at the original fitting price.
12.5 If we agree to inspect or carry out additional works, this does not automatically mean we accept legal responsibility for the issue. We may charge where the issue is caused by customer instructions, site conditions, base issues, heavy loads, customer additions, third-party works, lack of maintenance, missed information or causes outside our control.
13. Customer Changes After Order Acceptance
13.1 If you want to change the order, you must contact us in writing as soon as possible.
13.2 Changes are not guaranteed. We will tell you whether the change is possible and whether it affects price, timing, specification, materials, manufacturing, delivery, installation or warranty.
13.3 Unless we agree otherwise in writing, changes must be requested at least 14 days before delivery and before materials have been cut, ordered, manufactured, painted, allocated or assembled.
13.4 You cannot reasonably require us to change the Building free of charge once manufacture has started, materials have been ordered, sections have been built, labour has been allocated, painting has started, panels have been assembled, or installation has begun.
13.5 Changes requested after manufacture has started may require us to waste or remake sections, alter plans, re-order materials, repaint, re-cut, dismantle work already completed, re-schedule labour, delay other customers or create unknown additional work. Any such change will be quoted separately and must be paid before the change is carried out.
13.6 We may refuse a requested change where it is impractical, unsafe, unavailable, too late, would cause disproportionate disruption, would affect structural suitability, would affect warranty, or would materially change the agreed order.
13.7 If a detail, feature, colour, window, door, trim, extra or other item is not on the Final Plan, Quote or Written Specification, it is not included unless we agree otherwise in writing.
14. Our Right to Make Minor Changes and Material Substitutions
14.1 We may make minor changes to the Building or Goods to comply with legal or regulatory requirements, deal with technical issues, improve construction or installation, deal with supplier unavailability, deal with material suitability, or where the change does not materially reduce the main function, value or appearance of the Building.
14.2 We may change suppliers for items such as roofing products, doors, windows, glazing, locks, handles, cladding, uPVC boards, fixings, paints, treatments, insulation, sheet materials, membranes and other components where needed for availability, suitability, warranty, price, quality, legal or manufacturing reasons, provided the replacement is reasonably suitable for the agreed specification.
14.3 We may substitute materials, products, fixtures, fittings, components or suppliers with suitable equivalent or upgraded alternatives where the original item is unavailable, delayed, discontinued, unsuitable, changed by the supplier, affected by legal requirements, or reasonably replaced for technical or manufacturing reasons, provided the substitution does not materially reduce the agreed specification, main function or value of the Building.
14.4 Brand names such as Rockwool, Celotex, Kingspan, Stedek or other supplier names may be used as examples or descriptions of a product type unless the exact brand is expressly written into the Quote, Final Plan or Written Specification.
15. Inspection, Completion and Sign-Off
15.1 Where we install the Building, you must inspect it before our team leaves site where reasonably possible.
15.2 Any visible marks, defects, missing items, damage, alignment issues, door/window issues, glazing issues or snagging items should be reported before our team leaves site where reasonably possible.
15.3 We may ask you to sign a completion, satisfaction or sign-off form. Signing confirms that the Building has been delivered or installed and that any visible issues have been noted.
15.4 If you do not inspect the Building or do not report visible issues on the day, this may delay rectification and may affect whether an issue is treated as delivery/installation damage.
15.5 Visible cosmetic issues, marks, scuffs, scratches, dents, chips, missing trims, visible alignment issues or obvious snagging should be reported before our team leaves site where reasonably possible, or within 7 days of delivery or installation. Hidden defects should be reported as soon as reasonably possible after discovery.
15.6 This clause does not prevent you from reporting hidden defects that could not reasonably have been seen at completion.
15.7 You must allow us reasonable access to inspect, photograph, test, repair, adjust or rectify any reported issue.
16. Damage, Marks, Snagging and Remedial Works
16.1 You acknowledge that garden buildings are manufactured, transported, carried through access routes and installed on site. Minor marks, scuffs, scratches, chips, blemishes, touch-up areas, filled areas, sealant lines, trim joints, nail holes, pin holes or cosmetic imperfections may occur.
16.2 Where any issue is reported, we must be given a reasonable opportunity to inspect before you arrange third-party repairs or claim a refund, replacement or compensation.
16.3 Where an issue is accepted by us or reasonably shown to be our responsibility, we reserve the right to repair, touch up, polish, fill, adjust, realign, refit, reseal, replace a component, replace a panel, replace a trim or otherwise rectify the issue in a reasonable way.
16.4 A minor, cosmetic or repairable issue does not automatically entitle you to reject the Building, demand a full replacement, demand a full refund or demand replacement of unaffected components.
16.5 Where only one component, panel, trim, door, window, pane, board, fixing or section is affected, any remedy will normally be limited to that affected part unless a wider remedy is legally required.
16.6 Agreeing to inspect, advise or carry out remedial works does not automatically mean we accept legal liability.
16.7 Remedial works will be arranged within a reasonable time, taking account of supplier lead times, staff availability, weather, travel routes, customer availability and the nature of the issue.
17. Glass, Glazing and Optional Window Features
17.1 Our standard glazing is 4mm toughened safety glass unless otherwise stated in the Quote, Final Plan or Written Specification.
17.2 Where timber double-glazed windows and doors are supplied by us, these are typically 14mm double-glazed units made up of 4mm glass, a 6mm spacer bar and 4mm glass.
17.3 Where uPVC windows and doors are supplied, these are typically fitted with 21mm double-glazed units unless otherwise stated.
17.4 Glass, toughened glass, processed glass, sealed units and double-glazed units are manufactured products and may contain minor marks, fine scratches, small bubbles, inclusions, particles, optical effects, spacer-bar variation, coating variation, edge marks or minor imperfections consistent with normal manufacture, handling, transport and installation.
17.5 Unless applicable law or an applicable standard requires otherwise, glass should be inspected from a distance of no less than 3 metres, facing the glass, under normal daylight conditions and not under direct sunlight, artificial spotlighting, torches or acute viewing angles.
17.6 Fine scratches, minor marks, small bubbles, small inclusions, minor particles, optical effects, minor edge chips not affecting integrity, minor coating variations and minor imperfections consistent with normal manufacturing standards are not usually treated as defects where they are not obvious under normal viewing conditions.
17.7 Cracks, serious damage, failed sealed units or obtrusive defects clearly visible under normal viewing conditions may be treated as defects, subject to inspection.
17.8 Condensation on the room side or external face of glass is not automatically a failed sealed unit and may be caused by humidity, temperature differences, ventilation, heating, cooling, wet items, customer use or weather. Condensation between panes may indicate sealed-unit failure and will be inspected.
17.9 Where practical, we may arrange polishing, repair, adjustment or replacement of the affected glass or unit. Replacement will only be considered where the issue reasonably requires replacement.
17.10 We are not responsible for glass damaged after installation by misuse, impact, cleaning methods, third-party works, pets, children, weather events, customer handling, garden equipment or other causes outside our control.
17.11 Optional items such as integrated blinds, blinds inside glass units, Georgian bars, leaded glass, privacy glass, alternative glazing styles, coloured frames, aluminium windows, aluminium doors, upgraded hardware or other specialist options are only included if expressly requested by you and confirmed in the Quote, Final Plan or Written Specification.
18. Doors, Windows, uPVC, Aluminium and Adjustments
18.1 Timber doors and timber windows are covered for 30 days from delivery or installation against defective workmanship or materials, subject to these Terms.
18.2 Timber doors and timber windows may move, swell, shrink, twist, expand, contract, stick, drop, settle or require adjustment due to weather, moisture, heat, sunlight, humidity, drying, base movement, timber movement and settlement. This is not automatically a defect.
18.3 uPVC doors, uPVC windows, frames, sashes, panels, locks, hinges, handles, keeps, rollers, gaskets, seals and related components may expand, contract, swell, move, drop, settle, jam, become stiff to operate, require adjustment, require realignment, or become difficult to open, close or lock due to heat, cold, sunlight, humidity, weather, transport, installation, building settlement, timber-frame movement, base movement, normal use, lack of maintenance or customer/third-party alterations.
18.4 uPVC doors and windows fitted into timber buildings may be affected by movement in the timber structure, wall frame, floor, roof, base or surrounding Building. If you have supplied your own base, movement, settlement, poor level, poor drainage, weakness or instability in that base may affect door/window operation and is not automatically our responsibility.
18.5 You must not force timber, uPVC or aluminium doors, windows, locks, handles or mechanisms. If a door or window becomes stiff, dropped, misaligned or difficult to operate, you must notify us promptly. Damage caused by forcing mechanisms, failing to report issues, lack of adjustment, lack of maintenance or third-party interference is not automatically covered.
18.6 uPVC doors, uPVC windows, aluminium doors, aluminium windows, double glazing units, locks, hinges, handles, gaskets, seals and related components may be covered by the relevant manufacturer or supplier warranty where applicable. Manufacturer and supplier warranty terms may vary.
18.7 We may use suppliers such as Stedek or other third-party suppliers/manufacturers for uPVC, aluminium, doors, windows, glazing and related components. We may change suppliers from time to time. If you require confirmation of the current supplier warranty, you must ask us at the time of order because supplier warranties and terms can change.
18.8 Where bifolding doors are supplied, these are generally aluminium bifolding doors supplied by Stedek or another third-party supplier/manufacturer. We do not supply uPVC bifolding doors as standard due to movement, expansion and contraction considerations.
18.9 Aluminium bifolding doors may still require cleaning, adjustment, lubrication, track maintenance, drainage-channel maintenance and correct use. Bifolding-door operation may be affected by base movement, Building settlement, frame movement, debris in tracks, blocked drainage, lack of maintenance, misuse or third-party alterations.
18.10 Aluminium doors, windows and upgrades across the range are only included where expressly quoted and agreed in writing. They are not included as standard and do not form part of our standard price list unless expressly stated.
18.11 We reserve the right to adjust, realign, service, repair, replace parts, replace glazing units, replace ironmongery or otherwise rectify doors and windows where appropriate.
18.12 Unless expressly stated otherwise in the Final Plan or Written Specification, uPVC components, including doors, windows, trims and fascia boards, will be the selected external colour externally and white internally by default.
18.13 We are not responsible for colour expectation issues where the internal/external colour, finish, batch, supplier or specification was not clearly agreed in writing before manufacture or installation. A perfect colour match between different suppliers, materials, doors, windows, trims, uPVC boards, fascia or cladding is not guaranteed unless expressly agreed in writing.
19. Roofing
19.1 The roof covering supplied will be as stated in the Quote, Final Plan or Written Specification.
19.2 Standard nail-on felt is not our recommended roof covering and is generally only shown as an economy comparison option. It is not recommended as the most suitable long-term roof covering for a higher-use garden room, office or premium building. It may require earlier repair, replacement and maintenance than upgraded roof options.
19.3 We may refuse to supply a Building with standard nail-on felt where we consider it unsuitable for the Building, intended use, customer expectations or long-term performance. Where standard nail-on felt is supplied by express agreement, it does not carry a WMSH warranty except where required by law or where the issue is caused by defective installation by us.
19.4 We recommend that customers consider upgrading to torch-on roofing felt for a more suitable garden room roof. Torch-on felt is applied using heat and is melted/adhered to the roof system, subject to the correct specification and installation method.
19.5 Torch-on felt normally falls under our standard 12-month manufacturing warranty unless an additional written extended warranty is purchased and confirmed on the invoice or order documents.
19.6 Where available, additional extended warranty cover for torch-on felt may be purchased at £100 per additional year, subject to written confirmation, supplier availability, correct maintenance, correct use and any warranty conditions stated by us at the time.
19.7 You may further upgrade to EPDM rubber roofing where offered. EPDM rubber roofing may carry its own supplier or manufacturer warranty, but the length and terms may vary depending on the supplier, product and registration requirements at that time.
19.8 We may change roofing suppliers and roofing products from time to time. If you require confirmation of the current warranty position for standard felt, torch-on felt or EPDM rubber roofing, you must ask us at the time of order because supplier warranties, product terms and registration requirements can change.
19.9 You are responsible for keeping the roof clear of debris, leaves, branches, standing water, snow build-up, moss, algae and blockages.
19.10 You must not fix items to the roof, overload the roof, walk on the roof, install solar panels, aerials, satellite dishes, vents, flues, skylights, roof lights, air conditioning equipment or other items unless this has been agreed in writing. We are not responsible for leaks, sagging, damage or failure caused by customer or third-party roof additions.
19.11 EPDM rubber roofing and torch-on felt must be kept clear of debris, sharp objects, standing water issues, moss, branches, roof penetrations, customer additions and third-party works. Damage caused by punctures, cuts, roof fixtures, walking on the roof, lack of maintenance, storm damage or misuse is not automatically a manufacturing fault.
20. Customer Additions, Third-Party Works and Alterations
20.1 We are not responsible for issues caused or contributed to by customer additions, alterations, modifications, repairs or third-party works after delivery or installation unless caused by defective workmanship or materials supplied by us.
20.2 This includes added insulation, plasterboard, heavy internal boarding, wall panelling, acoustic panels, cinema projectors, large televisions, shelving, storage racking, gym equipment, pool tables, slate bed tables, bars, commercial fridges, air conditioning units, heaters, stoves, plumbing, electrics, solar panels, roof fixtures, customer repairs, third-party repairs, holes, fixings or penetrations into walls, roof, floor, doors or windows.
20.3 Customer or third-party penetrations through cladding, membranes, roof coverings, floors, internal linings, walls, doors or windows may affect weatherproofing, ventilation, moisture performance and warranty.
20.4 We are not responsible for sagging, leaks, movement, creaking, damp, condensation, mould, rot, structural issues, electrical issues, floor issues, roof issues, door/window movement or other damage caused or contributed to by such additions or alterations.
20.5 You should obtain our written consent before making any structural alteration or installing any heavy or fixed item. Failure to do so may void all or part of the warranty where it causes or contributes to the issue.
21. Electrics, Plumbing, Heating, Air Conditioning and Appliances
21.1 Electrics, plumbing, heating, air conditioning, internet, data cabling, alarms, lighting, connection to mains services and appliances are not included unless expressly stated in the Quote.
21.2 Where third-party contractors carry out works, they are responsible for their own workmanship, safety, certification and compliance.
21.3 You are responsible for ensuring any electrical, plumbing, heating or air conditioning work is suitable, safe, lawful, properly certified and does not damage the Building.
21.4 Any holes, penetrations, brackets, fixings or seals made by a customer or third party may affect weatherproofing, ventilation, condensation control and warranty.
21.5 Heating, cooling, air conditioning, dehumidifiers, tumble dryers, fridges, freezers, plumbing, sinks, washing machines, aquariums, plants, spas, hot tubs or other appliances may increase humidity, condensation, heat, cold, loading or moisture risk. You must tell us about such intended use before order acceptance.
22. Humidity, Condensation, Damp, Mould and Ventilation
22.1 You are responsible for ventilating, heating, cooling and using the Building appropriately from the date of delivery or installation.
22.2 Humidity is moisture in the air. High humidity, sudden temperature changes, poor airflow or cold surfaces can cause condensation, damp, mould, staining, swelling, odour, mildew, timber movement, door/window movement, corrosion of fixings, deterioration of plywood or MDF, damage to insulation and reduced lifespan of finishes or components.
22.3 Condensation can occur due to temperature differences, humidity, damp items, lack of ventilation, heaters, people using the Building, appliances, wet clothing, plants, water sources, uninsulated buildings, high occupancy, cooking, washing, exercise, aquariums, spas, hot tubs, tumble dryers, drying clothes, wet tools, wet garden equipment or general moisture.
22.4 A garden building is not the same as a fully controlled house environment unless expressly designed and agreed as such in writing. Insulation and double glazing can improve comfort, but they do not remove the need for ventilation, moisture control, suitable heating/cooling and sensible use.
22.5 Timber, plywood, MDF, internal linings, cladding, doors, windows, seals, roof decks, insulation and fixings can all be affected by humidity, condensation, trapped moisture and damp if not managed. This may cause swelling, sticking, warping, staining, mould, softening, delamination, corrosion, odours, surface deterioration or premature failure.
22.6 Moisture can also come from the site and base, including standing water, splashback, oversized bases, poor drainage, wet ground, landscaping, artificial grass, decking, blocked airflow, soil or paving bridging damp, or water being directed into or under the Building.
22.7 You must not store damp items, wet tools, wet clothing, wet garden equipment, plants, timber, chemicals, water containers or other moisture sources in the Building in a way that creates condensation, mould, staining or damp.
22.8 You must take reasonable steps to manage humidity and condensation. This may include regular ventilation, background airflow, controlled heating or cooling, using a suitable dehumidifier where required, wiping away condensation, avoiding storage of wet items, keeping the base and surroundings dry and free-draining, keeping air gaps clear, and maintaining doors, windows, seals and roof coverings.
22.9 Condensation, mould, damp, swelling, staining, timber movement, plywood or MDF deterioration, insulation dampness, door/window movement or moisture issues are not automatically defects and are not covered where caused or contributed to by lack of ventilation, customer use, damp items, high humidity, landscaping, poor drainage, base issues, blocked airflow, artificial grass, customer additions, third-party works, unsuitable heating/cooling habits or failure to manage moisture.
22.10 If you report damp, condensation, mould, humidity or moisture issues, we may ask for photographs, videos, base details, roof details, ventilation details, heating/cooling details, details of items stored inside, details of plants/water sources/appliances, and information about customer or third-party works before deciding whether the issue is our responsibility.
22.11 Where we inspect a moisture issue and it is not caused by defective workmanship or defective materials supplied by us, we may charge for inspection, travel, labour, investigation, re-attendance, replacement materials and remedial works.
23. Warranty and Guarantee
23.1 Unless otherwise stated, we provide a 12-month manufacturing warranty against defective workmanship and defective materials supplied by us, under Normal Domestic Use and proper maintenance.
23.2 The warranty starts on the date of delivery or installation, whichever applies.
23.3 Any WMSH warranty or guarantee is conditional upon the contract price and all additional agreed charges being paid in full. This does not affect any statutory rights that cannot legally be excluded.
23.4 The warranty covers defects in materials or workmanship supplied by us, subject to these Terms.
23.5 The warranty does not cover Normal Material Behaviour, natural timber movement, swelling, shrinking, twisting, warping, shakes, splits, knots, resin, sap, grain variation, cosmetic ageing, fair wear and tear, misuse, accidental damage, storm, flood, extreme weather, lack of maintenance, poor ventilation, condensation, humidity, damp caused by customer use or site conditions, unsuitable base, poor drainage, standing water, splashback, artificial grass or compressible surfaces, customer alterations, third-party works, heavy or undisclosed loads, commercial use unless agreed, damage caused by pets, children, garden equipment or impact, standard nail-on felt except where legally required or where the issue is defective installation by us, issues caused by failure to follow our instructions, or issues caused by failure to notify us promptly.
23.6 The warranty is conditional on proper maintenance. Failure to maintain, inspect, ventilate, treat, repaint, restain, clean, lubricate, adjust, repair minor issues or manage moisture may void all or part of the warranty where the failure causes or contributes to the problem.
23.7 You must notify us in writing as soon as reasonably possible after discovering a potential warranty issue. Delay may worsen damage and may affect whether the issue is covered.
23.8 We must be given reasonable access to inspect any warranty claim before liability is accepted or third-party work is carried out.
23.9 Where a valid warranty claim is accepted, we may repair, adjust, refit, reseal, touch up, replace a component or replace affected parts, as we reasonably consider appropriate.
23.10 If you arrange third-party repairs without giving us reasonable opportunity to inspect and remedy the issue, we may refuse reimbursement unless the law requires otherwise.
23.11 Supplier or manufacturer warranties for Bought-In Components may vary. You should ask us at the time of order if you require details of any current supplier or manufacturer warranty.
23.12 Supplier and manufacturer warranties are separate from our workmanship warranty and may be subject to supplier terms, exclusions, registration, correct installation, correct maintenance, correct use, payment in full and inspection. We may assist with supplier warranty issues where reasonable, but we do not control supplier or manufacturer warranty decisions.
23.13 Where a supplier or manufacturer refuses or limits a warranty claim because of their own terms, exclusions or inspection findings, we are not responsible for that decision unless the issue was caused by defective workmanship or defective materials supplied by us.
23.14 The cause of a fault, leak, movement, damp issue, roof issue, cladding issue, door/window issue, glass issue, structural issue or material issue must be inspected and assessed before liability is accepted. The existence of a problem does not automatically prove that the cause is defective workmanship or defective materials supplied by us.
24. Self-Installation
24.1 Where you install the Building yourself or use your own installer, the warranty is limited to manufacturing defects in the parts supplied by us.
24.2 We are not responsible for damage, defects, leaks, movement, instability, poor alignment, poor door/window operation, roof issues, floor issues, damp, condensation or structural issues caused by incorrect assembly, handling, storage, installation, levelling, fixing, sealing, roofing or failure to follow instructions or good trade practice.
24.3 You are responsible for storing materials safely, flat, dry, protected and ventilated before installation.
24.4 You must notify us in writing of any missing or defective component as soon as reasonably possible and before cutting, modifying, fitting or using the component.
25. Maintenance
25.1 Garden buildings require ongoing maintenance. You are responsible for maintaining the Building from the date of delivery or installation.
25.2 You should inspect the Building at least every 4 months and after heavy rain, storms, high winds, snow, heatwaves or major seasonal changes.
25.3 Maintenance includes checking roof coverings, clearing leaves and debris, clearing gutters where fitted, checking seals and joints, checking doors and windows, checking for water pooling, checking base drainage, cleaning surfaces, repainting or restaining where needed, touching up exposed timber, ensuring ventilation, managing condensation, repairing minor damage promptly and ensuring landscaping does not bridge damp or direct water against the Building.
25.4 Timber cladding and exposed timber should be inspected, treated, painted, stained, touched up and maintained as required. Unprotected or exposed timber should be dealt with promptly.
25.5 uPVC boards, trims, doors, windows, composite cladding and other low-maintenance or maintenance-free style materials should still be cleaned, inspected and protected from damage, unsuitable chemicals, excessive heat sources, pressure-washing damage, customer fixings and third-party alterations.
25.6 Doors and windows may require cleaning, lubrication, easing, adjustment, realignment, seal checks, drainage checks and prompt reporting of stiffness, dropping, jamming, leaks or operation issues.
25.7 Roof coverings must be kept clear of leaves, moss, algae, branches, snow build-up, debris, sharp objects and standing water issues. Minor damage to roof coverings, seals or trims should be repaired promptly.
25.8 Minor issues should be dealt with promptly. Failure to repair small leaks, cracks, open joints, exposed timber, damaged roof covering, blocked drainage or damaged seals may lead to wider damage.
25.9 Neglect may cause leaks, mould, rot, swelling, distortion, structural damage, reduced lifespan and safety issues. We are not responsible for damage caused or contributed to by neglect.
26. Complaints and Problems
26.1 If there is a problem, contact us promptly using the contact details in these Terms.
26.2 You must provide your name and address, order details, photographs, videos where useful, description of the issue, when the issue was first noticed, any relevant third-party reports, and details of any customer or third-party works.
26.3 Where relevant, you must also provide base details, roof details, humidity/ventilation details, intended-use details, heavy-load details, maintenance history and details of items stored or installed inside the Building.
26.4 You must allow us a reasonable opportunity to inspect and respond before taking further action, unless there is an urgent safety issue.
26.5 We will deal with complaints professionally and expect customers to deal with our staff respectfully. Abuse, threats, harassment or repeated unreasonable conduct may result in communication being limited to writing.
26.6 Making a complaint, asking for money back or demanding reimbursement does not remove our right to inspect, repair, replace affected components, investigate the cause, rely on these Terms or rely on any legal rights we have.
27. Cancellation, Refunds and Ending the Contract
27.1 You may end the contract in accordance with these Terms and your legal rights.
27.2 If you end the contract because of something we have done wrong, you may be entitled to a refund for goods or services not supplied, subject to your legal rights.
27.3 If you end the contract where we are not at fault and you do not have a legal cancellation right, we may deduct or charge reasonable compensation for costs incurred, including administration, design, materials, supplier costs, manufacturing, labour allocation, storage, bespoke goods and non-refundable deposits.
27.4 Unless otherwise agreed in writing, you may cancel within 48 hours of paying your deposit. After that period, and because most Buildings are bespoke or made/adapted to customer specification, change-of-mind cancellation rights may not apply and the deposit will not be refundable to the extent permitted by law. This does not affect rights where goods are faulty or services have not been carried out with reasonable care and skill.
27.5 We may end the contract if you do not pay on time, do not provide required information, provide inaccurate or incomplete information, do not allow access, the site is unsafe or unsuitable, the base is unsuitable, you breach these Terms, you behave abusively or threateningly towards our staff, or performance becomes impossible or unlawful.
27.6 If we end the contract because you breach it, we may deduct or charge reasonable compensation for costs and losses incurred.
27.7 If a refund is due, the refund will be calculated by reference to the goods and services not supplied, any legal rights you have, and any reasonable deductions or charges permitted by law and these Terms.
28. Liability, Delay and Reimbursement Claims
28.1 If you are a consumer, we are under a legal duty to supply goods that conform with the contract and services carried out with reasonable care and skill. Nothing in these Terms affects your statutory rights.
28.2 If we fail to comply with these Terms, we are responsible for loss or damage that is a foreseeable result of our breach or our failure to use reasonable care and skill, except where the law allows us to exclude or limit liability.
28.3 We are not responsible for losses, risks, costs or special requirements that were not disclosed to us in writing before the contract was made.
28.4 Delivery and installation dates are not guaranteed unless expressly agreed as fixed in writing. You should not book time off work, third-party contractors, electricians, decorators, plumbers, flooring installers, furniture deliveries, events, accommodation, travel, rentals or other commitments in reliance on an estimated delivery or installation date unless you accept the risk of delay.
28.5 Subject to your statutory rights and any liability that cannot legally be excluded, we are not responsible for loss of earnings, loss of income, lost working time, missed work, cancelled appointments, loss of holiday, third-party contractor charges, missed events, inconvenience, loss of enjoyment, loss of business, loss of profit, indirect loss or consequential loss caused by delay, postponement, re-attendance, weather, unforeseen circumstances, customer delays, site issues or events outside our reasonable control.
28.6 Where a customer demands money back, reimbursement, compensation, a discount or a refund because of delay, inconvenience, missed work, time off, a failed attendance, a repairable issue, snagging or a dispute, we must first be given a reasonable opportunity to investigate, inspect, repair, adjust, complete or otherwise resolve the matter.
28.7 Any goodwill payment, discount or reimbursement offered by us without legal admission of liability is entirely at our discretion and is not an admission of fault. Unless the law requires otherwise, any goodwill payment or reimbursement for inconvenience, scheduling issues, delay or non-statutory compensation will not exceed 10% of the contract price excluding VAT.
28.8 If we cause damage to your property while providing services, we will make good damage caused by our failure to use reasonable care and skill. We are not responsible for pre-existing faults, fragile surfaces, hidden defects, unsuitable access, weak structures, poor ground, customer instructions or damage caused by risks you failed to disclose.
28.9 We do not exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, breach of statutory rights where unlawful to exclude, or defective products where liability cannot legally be excluded.
29. Business Customer Warranty and Liability
29.1 If you are a Business Customer, we warrant that goods supplied will, on delivery, conform in all material respects with the agreed written specification and be free from material defects in workmanship and materials.
29.2 You must notify us in writing within a reasonable time after discovering any alleged defect.
29.3 You must give us a reasonable opportunity to inspect the goods.
29.4 If a valid business warranty claim is accepted, we may repair, replace or refund the defective part at our option.
29.5 We are not liable under the business warranty where the defect arises from further use after notification, failure to follow instructions, customer-supplied design or specification, customer alterations, third-party works, fair wear and tear, wilful damage, negligence, abnormal conditions, unsuitable base, undisclosed heavy loads, humidity, damp, condensation or poor maintenance.
29.6 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or defective products where liability cannot legally be excluded.
29.7 Subject to clause 29.6, we are not liable to Business Customers for loss of profit, loss of sales, loss of business, loss of contracts, loss of goodwill, loss of opportunity, business interruption, indirect loss or consequential loss.
29.8 Subject to clause 29.6, our total liability to a Business Customer arising out of or in connection with the contract is limited to 50% of the total sums paid by the Business Customer under that contract.
30. Photographs, Videos, Marketing and AI Editing
30.1 We may take photographs and videos of the Building, installation process, completed work and site area for business records, quality control, training, evidence, warranty assessment and marketing.
30.2 Unless you tell us in writing before delivery or installation that you do not consent, we may use photographs and videos of the Building for our website, social media, brochures, advertising, portfolios, examples of work and other marketing.
30.3 Where reasonably practical, we will take steps not to show personal information, house numbers, faces, vehicle registrations or private details.
30.4 If you do not want your garden, property or identifiable surroundings shown in advertising, you must tell us in writing before installation or as soon as possible afterwards. We may still use images of the Building itself by cropping, blurring, editing, changing, replacing or removing surrounding areas, personal details or identifiable features.
30.5 We reserve the right to use images, videos and visual content of Buildings we have manufactured, supplied, delivered or installed for advertising, marketing, website, social media, portfolio, brochures and promotional purposes, subject to privacy, data protection and any written opt-out that has been accepted by us.
30.6 We may edit, enhance, crop, retouch or use AI-assisted tools on photographs or videos for marketing, presentation, colour correction, background tidying, layout examples, advertising, or to avoid showing a customer’s private garden or personal surroundings, provided we do not intentionally misrepresent the product supplied to you.
30.7 AI-assisted or edited marketing content is for inspiration and example purposes only and must not be treated as an exact representation of what your own garden, building surroundings, interior styling, landscaping, lighting or final visual result will look like.
30.8 If you do not want us to use photographs or videos of your Building for marketing, you must notify us in writing before installation or as soon as possible afterwards.
31. Data Protection
31.1 We will use your personal information to process your order, contact you, supply goods and services, manage payments, deal with complaints, handle warranty matters, maintain business records, protect our legal position and comply with legal obligations. Further details are set out in our Privacy Policy.
32. Alternative Dispute Resolution
32.1 If you are a consumer and we cannot resolve a complaint through our complaints process, we will provide information about a certified alternative dispute resolution provider and confirm whether we are willing to use ADR in the circumstances.
33. General Legal Terms
33.1 We may transfer our rights and obligations under the contract to another organisation, provided this does not reduce your rights.
33.2 You may not transfer your rights or obligations under the contract without our written consent, except where legal rights allow otherwise.
33.3 No person other than you and us has rights to enforce these Terms, except where expressly stated or required by law.
33.4 If any part of these Terms is found unlawful, invalid or unenforceable, the rest will remain in force.
33.5 If we delay enforcing these Terms, that does not mean we have waived our right to enforce them later.
33.6 If you are a consumer living in England or Wales, these Terms are governed by English law and you may bring proceedings in the courts of England and Wales.
33.7 If you are a consumer living in Scotland, you may bring proceedings in either the Scottish courts or the courts of England and Wales.
33.8 If you are a consumer living in Northern Ireland, you may bring proceedings in either the Northern Irish courts or the courts of England and Wales.
33.9 If you are a Business Customer, the contract and any dispute or claim arising from it shall be governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
34. Final Customer Acceptance and Auto-Sign Section
34.1 This section is intended to be signed once at the end of the Terms and Conditions, either by handwritten signature, electronic signature, website acceptance, or an approved auto-sign/e-signature platform.
34.2 By signing below, the customer confirms that:
- they have received, read and understood these Terms and Conditions before signing, accepting the order, paying the deposit or authorising manufacture;
- they understand that the Quote, Final Plan and Written Specification show what is included, and that anything not shown or written is not included unless agreed in writing;
- they understand that website information, Materials Lists, online images, edited images, AI-assisted images, videos, renders and marketing examples are for inspiration and illustration only unless the exact specification is confirmed in writing;
- they understand that the Building is bespoke or made/adapted to customer specification and that changes, cancellations, delays and storage may have cost consequences as set out in these Terms;
- they understand the customer responsibilities relating to base suitability, drainage, airflow, access, site readiness, intended use, heavy loads, customer additions, roofing choices, humidity, ventilation, damp, condensation, maintenance, inspection and prompt reporting of issues;
- they understand that timber, cladding, plywood, MDF, insulation, roof coverings, glass, glazing, uPVC, aluminium, composite materials, fixings and Bought-In Components may have normal tolerances, natural variation, weathering, movement, expansion, contraction, maintenance requirements and supplier-specific terms;
- they understand that uPVC doors/windows and aluminium bifolding doors may require adjustment, maintenance and realignment, and that door/window operation can be affected by timber movement, Building settlement or base movement;
- they understand that the Building is not supplied as permanent residential accommodation, sleeping accommodation, annexe accommodation, Building Regulations-approved habitable room or dwelling extension unless expressly agreed in writing;
- they understand that separate customer acknowledgement sheets, Final Plan acknowledgement forms, checklists or what-the-customer-needs-to-know sheets may also need to be completed or accepted before manufacture, delivery or installation;
- they confirm that all information they have provided to West Midlands Summer Houses Limited is accurate to the best of their knowledge.
34.3 Nothing in this acceptance section excludes or limits any consumer rights or liability that cannot legally be excluded or limited.
Customer signature / auto-sign: ______________________________
Name in block capitals: ______________________________
Date: ______________________________
For website/e-signature use, the auto-sign platform may replace the fields above with its own signature, printed-name and date fields.