Colto Living Limited
Terms and Conditions of Sale
General Terms + Product Schedules
Contents
● Part 1 - General Terms and Conditions
● Schedule A - Indoor and Outdoor Tiles
● Schedule B - Outdoor Kitchens
● Schedule C - Pergolas and Awnings
● Schedule D - Outdoor Furniture
● Schedule E - General Products
Part 1 - General Terms and Conditions
1. About Us, Definitions and Interpretation
1.1 These Terms are issued by Colto Living Limited, a company registered in England and Wales with company number 15941905 and registered office at 2 Lingerfield Court, Scotton, Knaresborough, England, HG5 9BE. You can contact us at info@coltoliving.co.uk or +44 330 043 7890.
1.2 In these Terms, the following expressions have the meanings set out below:
● "Business Customer" means a Customer acting wholly or mainly for purposes relating to that Customer's trade, business, craft or profession
● "Business Day" means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business
● "Company" means Colto Living Limited; references to 'we', 'us' and 'our' have the same meaning
● "Consumer" means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession
● "Contract" means the legally binding contract between the Company and the Customer comprising the Order Confirmation, any agreed specification or drawings, these General Terms and each applicable Product Schedule
● "Custom Product" means a Product made to the Customer's specifications or clearly personalised, including a Product cut, fabricated, configured or finished to dimensions, colourways or design requirements selected for that Customer; a standard Product ordered from a supplier is not necessarily a Custom Product
● "Customer" means the person or entity named in the Order Confirmation; references to 'you' and 'your' have the same meaning
● "Delivery Location" means the delivery address and agreed safe delivery point stated in the Order Confirmation
● "Installation Services" means installation, assembly, fitting or related services carried out by us or by a contractor engaged by us
● "Lead Time" means the estimated time from Order acceptance, receipt of required information and cleared payment to delivery or installation
● "Manufacturer Warranty" means a warranty provided by the relevant manufacturer in addition to the Customer's rights against us
● "Order" means the Customer's request to purchase Products and, where applicable, Installation Services
● "Order Confirmation" means our written acceptance of an Order, normally by email, invoice or signed quotation
● "Product" means any goods supplied under a Contract
● "Product Schedule" means a product-specific schedule forming part of these Terms
● "Site" means the place where Products are delivered or Installation Services are carried out
● "Standard Product" means a Product that is not a Custom Product
● "Terms" means these General Terms and the applicable Product Schedules
1.3 Headings are for convenience only. Words in the singular include the plural and vice versa. 'Including' means 'including without limitation'. A reference to legislation includes amendments and replacement legislation in force from time to time.
2. Application, Contract Formation and Priority
2.1 These General Terms apply to every Order. Each Product Schedule applies only to the Product category identified in that Schedule. If an Order includes more than one Product category, the relevant Schedules apply concurrently to their respective Products.
2.2 A quotation is an invitation to place an Order and, unless the quotation states otherwise, remains open for 30 days. An Order is accepted only when we issue an Order Confirmation. We may decline an Order before acceptance, including because a Product is unavailable, a Site is unsuitable, or a pricing or specification error is identified.
2.3 If Contract documents conflict, the following order of priority applies: (a) the Order Confirmation; (b) any specification, drawing or variation expressly agreed in writing; (c) the applicable Product Schedule; (d) these General Terms; and (e) any other policy referred to in the Contract. A higher-ranking document changes a lower-ranking document only to the extent of the inconsistency.
2.4 The version of these Terms supplied or made available when the Order is placed applies to that Order. We may update our terms for future Orders, but will not change an accepted Contract without the Customer's agreement except where a change is required by law and does not materially disadvantage the Customer.
2.5 If you are a Consumer, information we are required by law to provide before the Contract is made forms part of the Contract and may be changed only by agreement.
3. Product Information, Samples and Natural Variation
3.1 Product descriptions, dimensions and technical information are intended to identify the Products. Images, showroom displays, digital renders and samples are illustrative and may not reproduce colour, texture, scale or finish exactly.
3.2 Natural and manufactured materials may show reasonable variation in shade, grain, veining, texture, pattern, dimensions and weathering between samples, batches and individual pieces. Such inherent characteristics are not defects where they fall within the description, agreed specification and reasonable manufacturing tolerances.
3.3 Tell us before ordering about any particular purpose, exposure, performance requirement or compatibility constraint on which you are relying. We will take reasonable care when advising, but product selection, installation method and maintenance must also follow the manufacturer's current technical information and any professional installer's assessment.
3.4 Nothing in this clause allows us to supply Products that do not conform to the Contract or limits a Consumer's statutory rights relating to satisfactory quality, fitness for a disclosed purpose, description, sample or model.
4. Orders, Measurements and Changes
4.1 The Customer must check the Order Confirmation, quantities, measurements, finish, colour, orientation, drawings and access information promptly and tell us about any error before production, dispatch or installation. Approval of a drawing or specification does not relieve us of responsibility for an error introduced by us.
4.2 Unless we have expressly agreed to survey or measure the Site, the Customer is responsible for measurements and quantities supplied to us. Where we agree to survey or measure, we will perform that service with reasonable care and skill, subject to access and to visible Site conditions at the time.
4.3 A requested change is effective only when we confirm it in writing. We will explain any reasonably foreseeable effect on price, Lead Time, performance or warranty before the change is agreed. Changes to Custom Products may be impossible after production starts and may involve irrecoverable costs.
5. Prices, VAT and Payment
5.1 The price and payment stages are stated in the Order Confirmation. Prices quoted to Consumers include VAT at the applicable rate unless clearly stated otherwise. Delivery, Installation Services, surveys, storage, permits and third-party trade costs are included only where the Order Confirmation says they are included.
5.2 Unless the Order Confirmation states staged payment terms, cleared payment in full is required before Products are released for delivery or Installation Services are booked. A deposit or advance payment is part-payment of the price and is dealt with on cancellation in accordance with clause 10.
5.3 We will not increase an agreed price after Contract formation unless the Customer agrees a change or the Contract clearly identifies a price-adjustment mechanism. If an agreed change materially increases the price, the Customer may decline the change and continue with the original specification where reasonably possible, or exercise any cancellation right available under clause 10.
5.4 If payment is overdue, we may pause production, delivery or installation after giving reasonable notice. A Business Customer must pay statutory interest and recovery costs where the Late Payment of Commercial Debts (Interest) Act 1998 applies. Any charge to a Consumer will be limited to reasonable costs actually caused by the late payment and permitted by law.
5.5 A Customer may not withhold undisputed sums. This does not restrict any right a Consumer has to withhold an amount or exercise a remedy under applicable law.
6. Delivery, Access, Part Deliveries and Storage
6.1 Delivery dates and Lead Times are estimates unless the Order Confirmation expressly states that a date is guaranteed. If no delivery period is agreed with a Consumer, we will deliver without undue delay and no later than 30 days after the Contract is made, unless the parties subsequently agree otherwise.
6.2 We may use third-party carriers. Unless agreed otherwise, delivery is kerbside or to the nearest safe and lawful point accessible to the delivery vehicle. Large Products and tile orders may arrive on a large lorry and require a pallet truck. Drivers may be unable to enter private land, traverse gravel, loose, uneven, soft or steep surfaces, move Products through a property, or assist with unloading.
6.3 Before dispatch, the Customer must provide accurate access information, including road restrictions, width and height limits, gradients, surface conditions, parking or permit constraints, and any need for lifting equipment or additional labour. The Customer must provide a safe unloading area and an adult authorised to receive the delivery.
6.4 If delivery cannot be completed because access or attendance information was inaccurate or the agreed point is unsafe, we may return the Products to storage and charge the reasonable, evidenced costs of failed delivery, re-delivery, storage and insurance, provided those costs were avoidable and are not caused by our breach.
6.5 We may deliver in instalments where reasonable. We will identify material part-delivery arrangements in advance. A delay or defect affecting one instalment does not automatically entitle a Business Customer to reject conforming instalments, but this does not restrict a Consumer's statutory rights or any case where the instalments are commercially interdependent.
6.6 If Products are ready but the Customer asks us to delay or fails to take delivery, risk and statutory cancellation rights are unaffected until the point provided by law, but we may charge reasonable storage, handling and insurance costs after giving advance notice. We may require delivery within a reasonable period.
6.7 If we miss a delivery date, the Customer must give us a reasonable further period where required by law. A Consumer may end the Contract immediately where delivery by the agreed date was essential and made known to us, or in the other circumstances provided by law.
7. Risk and Ownership
7.1 For a Consumer, risk passes when the Consumer or a person identified by the Consumer (other than our carrier) takes physical possession of the Products. For a Business Customer, risk passes on completion of delivery at the Delivery Location, unless the Order Confirmation states otherwise.
7.2 Ownership of Products does not pass until we have received cleared payment in full for those Products. Until ownership passes, a Business Customer must keep the Products identifiable, properly stored and insured and must not create a charge over them. This retention of title does not permit us to enter a Consumer's home without consent or a court order.
8. Inspection, Transit Damage and Shortages
8.1 Inspect the delivery as soon as reasonably practicable and before cutting, fixing, assembly or installation. If packaging or Products appear damaged, note this on the delivery record where possible, retain packaging and photographs, and contact us promptly with the Order number and details.
8.2 We ask Customers to report visible transit damage or shortages within 48 hours because this helps us investigate with the carrier. This is an administrative request, not a condition that removes rights where a defect, shortage or damage could not reasonably have been identified or where applicable law provides a longer remedy period.
8.3 Signing a delivery record confirms receipt only and does not by itself amount to acceptance of quality or waive any legal right. Product-specific inspection requirements appear in the relevant Schedule.
9. Installation Services and Site Responsibilities
9.1 Where we provide Installation Services, we will perform them with reasonable care and skill. The scope, exclusions and price are stated in the Order Confirmation. Decorating, making good, waste removal, lifting equipment, scaffolding, utility connections and specialist trades are excluded unless expressly included.
9.2 The Customer must provide safe, timely access; accurate information; clear working space; suitable welfare and utility facilities where reasonably required; and a Site that meets the agreed preparation requirements. The Customer must identify known hazards, concealed services, asbestos, fragile surfaces, access restrictions and relevant property rules before work starts.
9.3 If hidden or unexpected conditions make the agreed work unsafe or materially different, we may pause work, make the Site safe and provide a written explanation and quotation for additional work. We will not carry out material additional work or incur material additional cost without the Customer's agreement, except for urgent safety measures that are reasonably necessary.
9.4 Gas, electrical, plumbing, structural and other regulated work must be performed by appropriately qualified persons. Responsibility for engaging and paying third-party trades is stated in the Order Confirmation. Work by a trade engaged directly by the Customer is outside our control, but we remain responsible for our own work and for contractors we engage.
9.5 The Customer should allow us reasonable access to inspect and, where appropriate, remedy a reported installation issue. This does not require a Consumer to accept repeated or disproportionate attempts and does not limit statutory remedies.
10. Cancellation, Changes of Mind and Returns
10.1 Nothing in this clause limits rights relating to faulty, damaged, misdescribed or late Products or Services.
10.2 Consumer distance and off-premises contracts. If a Consumer enters into a Contract online, by telephone, by email or away from our business premises, the Consumer normally has 14 days to cancel without giving a reason. For goods, the period runs from the day after the Consumer (or a nominated person other than the carrier) receives the goods; special rules apply to split deliveries and regular deliveries. For services, the period normally runs from the day after the Contract is made.
10.3 The statutory right in clause 10.2 does not apply to Products made to the Consumer's specifications or clearly personalised, or in any other case excluded by law. A supplier special order or a Product not normally held in our stock is not automatically excluded if it remains a standard, non-personalised Product.
10.4 To cancel, the Consumer must send a clear statement before the cancellation period expires to info@coltoliving.co.uk or to our registered office. The Consumer may use any cancellation form we supply but does not have to. Please include the name, address, Order number, Products concerned and contact details.
10.5 After cancellation, the Consumer must keep the Products safe and return them without undue delay and no later than 14 days after telling us of the cancellation. Unless we agree collection or failed to give legally required information about return costs, the Consumer bears the direct cost of return. Large or palletised Products may cost materially more to return; the estimated or agreed collection cost should be stated before the Contract is made.
10.6 We will refund sums due, including the least expensive standard outbound delivery charge where required by law, using the original payment method unless agreed otherwise. We will refund without undue delay and no later than 14 days after the applicable statutory trigger. For goods, we may wait until the Products are returned or the Consumer supplies evidence of return. We may reduce the refund only for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the Products.
10.7 If a Consumer expressly asks us to begin Installation Services during the 14-day cancellation period, we may require an express request on a durable medium. If the Consumer then cancels after work starts, the Consumer must pay a proportionate amount for work properly performed up to cancellation. The cancellation right for services is lost only after full performance where the Consumer gave the consents and acknowledgements required by law.
10.8 In-store and other non-statutory change-of-mind returns. We may, as a goodwill policy, accept a Standard Product returned within 14 days of delivery if it is unused, uninstalled, complete, in original packaging and resaleable. We may deduct a restocking charge reflecting our reasonable handling and supplier costs, capped at 20% unless a lower amount is stated. This goodwill policy does not apply to Custom Products and is separate from statutory rights.
10.9 Cancellation outside a statutory right. If we agree to cancel or change an Order after acceptance, the Customer must pay only the reasonable net loss and irrecoverable costs caused by the cancellation, taking account of costs we save and reasonable steps we can take to mitigate loss. We will explain the calculation. A blanket forfeiture of all advance payments does not apply.
10.10 Installation appointments cancelled or moved on less than 7 days' notice may attract a reasonable rebooking or call-out charge reflecting costs we cannot avoid. No charge applies where cancellation results from our breach or where applicable law gives the Customer a free cancellation right.
11. Quality, Statutory Rights and Warranties
11.1 Consumers have legal rights under the Consumer Rights Act 2015 and other applicable law. Products must be of satisfactory quality, fit for a purpose made known to us, match their description and any sample or model, and be installed correctly where installation forms part of the Contract. Installation Services must be performed with reasonable care and skill.
11.2 Any Company warranty or Manufacturer Warranty is additional to, and does not replace or restrict, statutory rights. Unless the law permits otherwise, the fact that a component carries a Manufacturer Warranty does not remove our responsibility as the retailer for conformity with the Contract.
11.3 A warranty may exclude fair wear and tear, normal weathering, inherent material variation, misuse, accidental damage, failure to follow care instructions, unauthorised modification, unsuitable third-party installation, or exposure beyond stated design limits, but only where the excluded matter caused or materially contributed to the issue.
11.4 Warranty periods, claim procedures and transferable rights vary by Product and manufacturer. The applicable documents supplied with the Order should be retained. Product-specific statements appear in the relevant Schedule and Order Confirmation.
12. Liability
12.1 Nothing in the Contract excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory title obligations, or a Consumer's statutory rights and remedies.
12.2 If the Customer is a Consumer, we are responsible for loss or damage that is a foreseeable result of our breach of Contract or failure to use reasonable care and skill. We are not responsible for loss that was not foreseeable, was caused by inaccurate information or unsafe conditions supplied by the Customer, or could reasonably have been avoided. We do not accept liability to a Consumer for business losses arising from use of Products wholly or mainly for business purposes.
12.3 If the Customer is a Business Customer, subject to clause 12.1: (a) neither party is liable for indirect or consequential loss, loss of profit, revenue, business, anticipated savings or goodwill; and (b) our total aggregate liability arising from an Order, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, is limited to 125% of the total price paid or payable under that Order.
12.4 We are not responsible for delay, damage or additional cost to the extent caused by the Customer's breach, a third-party trade engaged directly by the Customer, failure to follow written technical or care instructions, or concealed Site conditions that we could not reasonably have identified. We remain responsible to the extent our own breach or negligence contributed to the loss.
13. Suspension and Cancellation by Us
13.1 We may suspend performance after giving reasonable notice if payment is overdue, required information or access is not provided, the Site is unsafe, or continuing would breach law. We will explain what is needed to resume performance and will act proportionately.
13.2 We may cancel before delivery or installation if a Product is unavailable, we cannot deliver to the area, a manifest pricing or description error occurred, a Site assessment shows the work cannot safely or lawfully be performed, or an event beyond our reasonable control prevents performance. We will notify the Customer promptly and refund sums paid for Products or Services not supplied, normally within 14 days.
13.3 For a serious or repeated Customer breach, we may end the Contract after giving a reasonable opportunity to remedy where the breach can be remedied. Any deduction from a refund will be limited to Products or Services supplied and our reasonable net loss, subject to applicable law.
14. Events Beyond Reasonable Control
14.1 Neither party is liable for delay or failure caused by an event beyond its reasonable control, such as extreme weather, flood, fire, epidemic, war, civil disturbance, government action, embargo, widespread transport or utility failure, or an unavoidable failure in the supply chain. Payment obligations for Products or Services already supplied are not excused.
14.2 The affected party must notify the other promptly, take reasonable steps to reduce the effect, and resume performance when reasonably possible. If the event causes a material delay, a Consumer may exercise any statutory right to cancel. If performance remains impossible for more than 60 days, either party may cancel the affected part of the Contract and we will refund sums paid for Products or Services not supplied.
15. Intellectual Property
15.1 Unless agreed otherwise, intellectual property in our drawings, layouts, quotations, photographs, specifications and design materials remains owned by us or our licensors. On full payment, the Customer receives a non-exclusive licence to use project-specific materials solely for the Site and purpose identified in the Contract.
15.2 The Customer must not reproduce our design materials for manufacture by a third party or use our branding without written consent. This clause does not restrict the Customer from retaining Contract documents or using information as required to exercise legal rights.
16. Privacy and Confidentiality
16.1 We process personal data in accordance with applicable data protection law and our privacy policy, available at https://www.coltoliving.com/privacy-policy or on request. The Customer must provide accurate contact and delivery information and ensure it is lawful to give us any personal data relating to another person.
16.2 For Business Customers, each party must keep the other's genuinely confidential commercial information confidential and may disclose it only to personnel, contractors and advisers who need it for the Contract, or where required by law. This does not apply to information already public other than through breach.
17. Complaints and Disputes
17.1 Please raise complaints promptly with info@coltoliving.co.uk, quoting the Order number and providing relevant photographs or documents. We will investigate and aim to provide a reasoned response within a reasonable time.
17.2 The parties should first try to resolve a dispute by good-faith discussion. They may agree to mediation, including through CEDR or another suitable provider, but mediation is not a mandatory barrier to a Consumer bringing a claim. Where law requires us to identify an approved alternative dispute resolution entity following an unresolved complaint, we will provide the relevant information.
18. Notices
18.1 Order changes, cancellations and other contractual notices must be sent by email or post to the addresses stated in the Order Confirmation or, for us, to the contact details in clause 1.1. A notice by email is received when it enters the recipient's server without a delivery failure message; a posted notice is received two Business Days after posting. Notices relating to court proceedings are excluded from this clause.
19. General
19.1 Entire agreement. The Contract records the parties' agreement relating to the Order. Nothing in this clause excludes liability for fraud or prevents a Consumer from relying on pre-contract information or other rights that cannot lawfully be excluded.
19.2 Assignment and subcontracting. We may subcontract performance but remain responsible for contractors we engage. We may transfer the Contract only where this does not reduce a Consumer's rights. A Customer may transfer statutory warranty or ownership rights where the law permits, but may not otherwise transfer the Contract without our written consent, not to be unreasonably withheld for a Business Customer.
19.3 No waiver. A delay or failure to enforce a right does not waive it. A waiver is effective only for the specific circumstances in which it is given.
19.4 Severance. If a provision is unlawful or unenforceable, it will be treated as modified to the minimum extent necessary or, if that is not possible, removed. The remainder continues in force.
19.5 Third-party rights. Except for a permitted successor or assignee, no person other than the parties has a right to enforce the Contract under the Contracts (Rights of Third Parties) Act 1999.
20. Governing Law and Courts
20.1 The Contract is governed by the law of England and Wales. If the Customer is a Consumer resident elsewhere in the United Kingdom, the Consumer also retains the benefit of mandatory protections of the law of the place of residence and may bring proceedings in the courts available under applicable consumer law.
20.2 A Business Customer and the Company submit to the exclusive jurisdiction of the courts of England and Wales. A Consumer may bring proceedings in the courts of England and Wales or any other court with jurisdiction under applicable law.
Schedule A - Indoor and Outdoor Tiles
This Schedule applies in addition to the General Terms wherever the Customer orders ceramic, porcelain, natural-stone, mosaic or other tile Products.
A1. Scope and specification
Tile descriptions identify material, nominal size, finish and intended application. Calibre, shade, batch, rectification, slip classification and technical performance should be checked against the current product data and Order Confirmation.
A2. Samples, batches and variation
Samples and displays are representative only. Reasonable shade, tone, veining, pattern, texture, facial variation and dimensional tolerances may occur. Products for one visible area should, where practicable, be ordered together from the same batch. Replacement tiles from a later batch may not match exactly.
A3. Quantity and wastage
We generally recommend ordering at least 10% above the measured net area for cuts, breakage, selection, pattern alignment and future repairs. Complex layouts, large formats, diagonal laying, fragile materials or batch-sensitive projects may require more. The recommendation is an allowance, not a statement that defective goods are acceptable or that 10% will always be sufficient.
A4. Inspection before installation
The Customer and installer must inspect quantities, batch references, shade, dimensions and visible condition before cutting or fixing. Do not install a Product believed to be incorrect or defective; isolate it and contact us. Installation may amount to acceptance of characteristics that were obvious before fixing, but does not remove rights for latent defects or rights that cannot lawfully be excluded.
A5. Suitability and installation
The Customer must confirm the intended location and exposure. Slip classifications, frost resistance, loadings, substrate movement, gradients, drainage, waterproofing, adhesives, grout, sealants and movement joints must be assessed by a competent installer against current standards and manufacturer instructions. A sample or slip rating alone does not guarantee suitability for every wet, poolside or high-traffic condition.
A6. Handling and storage
Tiles must be handled, unpacked and stored carefully, protected from impact, contamination, moisture and frost as appropriate. Heavy tiles and slabs may require mechanical handling. Follow any supplied instructions, including storing products on edge where specified.
A7. Returns
Cut, drilled, fixed, treated, mixed or otherwise modified tiles cannot be returned for change of mind. Statutory distance-cancellation rights apply to eligible Standard Products. Any goodwill return of full, unopened boxes is governed by clause 10.8 and may be refused where the supplier will not accept a standard special-order line, provided statutory rights are unaffected.
A8. Warranty and remedies
Any Manufacturer Warranty is passed on where available. We do not give an additional tile warranty unless stated in the Order Confirmation. This does not affect liability for Products that fail to conform to the Contract or any installation service we provide.
Schedule B - Outdoor Kitchens
This Schedule applies in addition to the General Terms wherever the Customer orders an outdoor kitchen, modular kitchen component, worktop or related appliance on a supply-only or supply-and-install basis.
B1. Design approval
The Customer must review the final layout, module sizes, openings, appliance specifications, finishes, orientation and service points before approval. Visualisations are illustrative. Late changes may affect structure, price, Lead Time and warranty.
B2. Site preparation and access
The Site must have the agreed level, stable and adequately load-bearing base, drainage, clearances, ventilation and safe access. The Customer is responsible for preparatory works unless included in the Order Confirmation. Additional work arising from an unsuitable base, concealed service or inaccurate Site information will be agreed under clause 9.3.
B3. Utilities and third-party trades
Electrical, gas, water and drainage services must comply with law, product instructions and the approved layout. Regulated connections must be made and certified by appropriately qualified trades. The Order Confirmation states whether we or the Customer engages those trades.
B4. Materials and outdoor exposure
Outdoor materials are designed for stated external use but are not maintenance-free. Finishes, metals, stone, timber, sealants and joints may weather, fade, stain, patinate or show surface change. Coastal, poolside, high-chloride, exposed or polluted locations may require upgraded materials and more frequent care and must be disclosed before ordering.
B5. Appliances
Appliance dimensions, fuel type, ventilation, clearances and installation instructions take priority over illustrative layouts. Manufacturer Warranties apply in addition to rights against us. The Customer must register appliances where required and retain serial numbers and proof of purchase. We may help administer a Manufacturer Warranty but do not exclude our retailer obligations.
B6. Care and seasonal precautions
The Customer must follow cleaning, covering, drainage, isolation and winterisation instructions. Water systems and appliances may need draining or isolating during freezing conditions. Covers must allow appropriate ventilation and must not trap moisture contrary to manufacturer guidance.
B7. Delivery and installation
Kitchens may be delivered in modules or stages. The Customer must keep components protected until installation. Installation completion may depend on third-party utility connections; cosmetic making good and commissioning of customer-supplied appliances are excluded unless stated.
B8. Warranty exclusions
Subject to statutory rights, warranties do not cover damage caused by incorrect utility connection, blocked drainage, standing water, frost where winterisation was required, extreme events beyond stated design limits, coastal corrosion where the disclosed specification was unsuitable, misuse, unauthorised modification or failure to maintain.
B9. Appointment changes
Short-notice cancellation or rescheduling is dealt with under clause 10.10. Weather or safety-related rescheduling by us does not itself attract a charge to the Customer.
Schedule C - Pergolas and Awnings
This Schedule applies in addition to the General Terms wherever the Customer orders a pergola, awning, canopy, blind or related enclosure on a supply-only or supply-and-install basis.
C1. Permissions and boundaries
Unless expressly included, the Customer is responsible for checking and obtaining planning permission, building-control approval, landlord or freeholder consent, restrictive-covenant approval and any neighbour or boundary consent before manufacture or installation. We will provide available product information reasonably required for an application.
C2. Survey and structural conditions
Installation is subject to a satisfactory Site and structural assessment, including fixing substrates, foundations, levels, drainage, clearances, access, wind exposure and concealed services. A pre-contract survey cannot identify every concealed or changing condition.
C3. Underground and concealed services
The Customer must provide reliable plans and mark known gas, electricity, water, drainage, communications and irrigation services. Where location is uncertain, scanning, trial holes or specialist investigation may be required and will be priced separately unless included.
C4. Design limits and operation
The Product must be operated only within its stated wind, snow, rain and load ratings. Louvres, roofs, blinds and awnings must be left in the position required by manufacturer guidance during high winds, snow, frost or absence. No additional load, heater, planter, swing, screen or structure may be attached unless approved in writing.
C5. Water management
Pergola roofs and gutters manage rainfall within design parameters but are not guaranteed to create a fully watertight habitable room. Wind-driven rain, condensation, splash, overflow during exceptional rainfall and minor drainage noise may occur. Drain outlets must be kept clear.
C6. Electrical work and automation
Motorised or illuminated Products require suitable protected supplies and, where relevant, controls, sensors and isolation. Electrical work must be completed by an appropriately qualified person. Smart controls and wireless performance depend on compatible networks and third-party systems outside our control.
C7. Weather and installation dates
Installation may be postponed where wind, rain, ice, temperature or Site conditions make work unsafe or likely to compromise quality. We will give as much notice as reasonably possible and rearrange without a rescheduling charge, although the general rules on material delay remain applicable.
C8. Warranty and maintenance
Any structural, finish, fabric, motor or component warranty is the warranty identified in the Order Confirmation or manufacturer documents. Warranty cover depends on correct use, inspection, cleaning, lubrication and maintenance and does not cover damage beyond design ratings, unauthorised modification or additional loads. Statutory rights remain unaffected.
C9. Cancellation and changes
Pergolas and awnings are often Custom Products. Once manufacturing has begun, the statutory change-of-mind exception may apply and agreed cancellation will be subject to clause 10.9. We will identify the point at which manufacture is authorised and any deposit consequences before production.
Schedule D - Outdoor Furniture
This Schedule applies in addition to the General Terms wherever the Customer orders outdoor tables, chairs, sofas, loungers, benches, stools, planters sold as furniture, cushions, covers or related furniture accessories.
D1. Intended use
Products are suitable only for the domestic or commercial use, location and loading stated in the product information and Order Confirmation. The Customer must disclose commercial, hospitality, coastal, poolside or unsupervised public use before ordering because different specifications, testing or maintenance may be required.
D2. Natural materials and finish variation
Timber, stone, ceramic, concrete, rope, woven fibres, leather and metals may show reasonable variation in grain, knots, veining, colour, weave, texture and finish. Hand-finished items may differ slightly in dimensions and appearance. These inherent features are not defects where the Product remains consistent with its description and reasonable tolerances.
D3. Weathering, fading and patination
Outdoor furniture is weather-resistant only to the extent stated; it is not weatherproof or maintenance-free. Timber may silver, check or move; metals may oxidise or patinate; fabrics and rope may fade; stone and ceramics may stain or develop surface change. The rate varies with exposure, care and local conditions.
D4. Site, stability and safety
Furniture must be placed on a stable, level surface with required clearances and must not be used beyond stated weight limits. Products requiring anchoring, anti-tip restraint or assembly must be installed as instructed. The Customer must supervise children and vulnerable users and keep furniture away from unguarded heat sources, pools and edges.
D5. Coastal, poolside and extreme conditions
Salt, chlorine, fertilisers, pollution, tree sap, standing water, frost and prolonged UV exposure can accelerate deterioration. The Customer must disclose harsh exposure before ordering and follow any enhanced cleaning, rinsing, covering, storage or material-selection advice.
D6. Cushions, fabrics and covers
Unless specifically described as suitable for permanent outdoor exposure, cushions and textiles should be kept dry, allowed to air and stored indoors in clean, ventilated conditions when not in use and during poor weather. Covers must fit correctly and permit ventilation; trapped moisture can cause mould, staining or corrosion.
D7. Care and winter storage
The Customer must follow supplied cleaning and maintenance instructions and use only suitable products. Furniture should be cleaned before storage, kept ventilated and protected from severe weather. Teak oil, sealers, pressure washing, abrasive cleaners or chemicals must not be used unless approved for the material.
D8. Delivery, access and assembly
Large furniture may be delivered palletised, boxed or partly assembled. The Customer must check doorways, paths, lifts, stairs and turning space and arrange sufficient safe assistance where room-of-choice delivery or assembly is not included. Packaging should be retained until inspection and assembly are complete.
D9. Inspection and adjustment
Check components, fixings, feet and mechanisms before first use and periodically thereafter. Stop using any unstable, damaged or loose item until it is inspected and corrected. Minor levelling or tightening after initial use may be normal where instructions require it.
D10. Returns
Statutory cancellation rights apply to eligible Standard Products bought at a distance or off premises. Custom upholstery, bespoke dimensions, selected finishes or other clearly personalised furniture may fall within the statutory exception. Assembly beyond what is reasonably necessary to inspect a Product may reduce its return value, but no restocking charge applies to a valid statutory cancellation.
D11. Warranty
Any warranty is the Company or Manufacturer Warranty identified with the Product. Subject to statutory rights, it may exclude normal fading, weathering, patination, checking, wear, misuse, commercial use not disclosed before purchase, failure to maintain, unauthorised repair or damage caused by extreme conditions beyond the stated specification.
Schedule E - General Products
This Schedule is a catch-all for Products not principally covered by Schedules A-D, including planters, grills, fire pits, burners, freestanding heaters, accessories, covers, lighting and other outdoor-living Products. If another Schedule more specifically describes a Product, that Schedule takes priority.
E1. Product information
The Order Confirmation and current manufacturer information identify the intended use, dimensions, materials, performance, included components and exclusions. The Customer must check compatibility with the Site and with any existing Products before use or installation.
E2. Variation and tolerances
Reasonable natural-material variation, hand-finishing differences, manufacturing tolerances and outdoor weathering may occur as described in clause 3. Product-specific imagery remains illustrative unless the Order Confirmation makes an exact characteristic part of the specification.
E3. Installation and third-party work
Products must be assembled, anchored, connected and commissioned in accordance with instructions. Gas, electrical, flue, structural, plumbing and other regulated work must be performed by appropriately qualified persons. Installation is not included unless stated in the Order Confirmation.
E4. Heat, flame and fuel safety
Grills, fire pits, burners and heaters must be used only with the specified fuel, outdoors or in the ventilation conditions stated by the manufacturer, on a stable non-combustible surface and with required clearances. Never use a heat-producing Product in an enclosed space unless expressly designed and installed for that use. The Customer must follow all ignition, shutdown, cooling, storage and cylinder instructions.
E5. Location and exposure
The Customer must consider wind, rain, frost, drainage, salt, chlorine, combustibles, overhead structures, children, pets and public access. Portable Products must be secured or stored in adverse weather as instructed. Planters must be loaded, drained and positioned so that weight and water do not damage the supporting surface.
E6. Care, consumables and maintenance
The Customer is responsible for routine cleaning, consumables, batteries, covers, seasoning, winterisation and safety checks described in the instructions. Normal consumption, cosmetic weathering and maintenance items are not defects unless the Product was misdescribed or otherwise fails to conform to the Contract.
E7. Delivery and assembly checks
Inspect all components before assembly or use. Do not operate a Product with missing, damaged or incompatible safety-critical parts. Keep serial numbers, manuals and packaging until the Product has been checked and any installation completed.
E8. Warranty and returns
The applicable Company or Manufacturer Warranty is supplied with the Product and is additional to statutory rights. Returns and cancellations are governed by clause 10. Used fuel-burning, food-contact or safety-critical Products may have diminished value if handled beyond what is reasonably necessary to inspect them, but this does not remove rights relating to defects.
E9. Future product categories
This Schedule is intended for lower-volume and miscellaneous Products. Where a new range has material product-specific installation, planning, safety, maintenance or warranty risks, we may issue a dedicated Schedule for future Orders. The version supplied when an Order is placed remains the applicable version.
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