Garden Room Designs Terms and Conditions

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of building services by Harrison & McGrath Developments Ltd trading as Garden Room Designs, (“the Trader”) to customers who require building services to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.

These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation
   1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      

      “Agreed Times”	means the times which You and We agree for the Builder to have access to the Property to complete the Job as specified in the Agreement;
      “Agreement”	means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these Terms and Conditions. Our standard form of Agreement is attached as Schedule 1;
      “Builder”	means Us or Our employee who will be responsible for providing the Building Services;
      “Building Services”	means the building services We will provide as specified in the Agreement;
      “Business”	means any business, trade, craft or profession carried on by You or any other person or organisation;
      “Consumer”	means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Trader who receives Building Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
      “Deposit”	means the deposit You may be required to pay in accordance with Clause 5;
      “Final Fee”	means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6 of these Terms and Conditions.
      “Job”	means the complete performance of the Building Services;
      “Model Cancellation Form”	means the model cancellation form attached as Schedule 2;
      “Order”	means Your initial request for Us to provide the Building Services as set out in Clause 4;
      “Products”	means the products required for the provision of the Building Services which We will supply (if any) as specified in the Agreement;
      “Property”	means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;
      “Quotation”	means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
      “Quoted Fee”	means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these Terms and Conditions;
      “Start Date”	means the date You and We agree on for Us to start providing the Building Services as specified in the Agreement;
      “Visit”	means any occasion, scheduled or otherwise, on which the Builder visits the Property to provide the Building Services;
      “We/Us/Our”	means the Trader and includes all employees, agents and sub-contractors of the Trader;
      “Work Area”	means the part of the Property where the Building Services are to be provided;
      “You/Your”	means a Consumer who is a customer of the Trader.

   2. Each reference in these Terms and Conditions to “writing”, and any similar expression, includes electronic communications whether sent by e-mail, text message, fax or other means.
   3. Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
   4. Each reference to “these Terms and Conditions” is a reference to these Terms and Conditions.
   5. Each reference to a Schedule is a reference to a schedule to these Terms and Conditions.
   6. The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
   7. Words signifying the singular number will include the plural and vice versa.
   8. References to any gender will include any other gender.
   9. References to persons, unless the context otherwise requires, include corporations.
2. Information about Us
   1. We are a private limited company.
   2. We trade under the name Garden Room Designs.
   3. We are registered in England under number 9372949 (England and Wales).
   4. Our registered office is at Green Acre, Reeves Corner, Great Plumstead, Norwich, Norfolk, NR13 5BY.
   5. Our main trading address is Green Acre, Reeves Corner, Great Plumstead, Norwich, Norfolk, NR13 5BY.
   6. Our VAT number is 451 283 952.
   7. Our directors are Mary Harrison & Paul Harrison.
3. Communication and Contact Details
   1. If You wish to contact Us with questions or complaints, You may contact Us by telephone at 01603 720005 or by email at info@gardenroomdesigns.co.uk.
   2. In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
   3. contact Us by email at info@gardenroomdesigns.co.uk; or
   4. contact Us by pre-paid post at Garden Room Designs, Green Acre, Reeves Corner, Great Plumstead, Norwich, Norfolk, NR13 5BY.
4. Orders
   1. Harrison & McGrath Developments Ltd will provide all customers with a written quotation, which will include sufficient detail for the completion of the works. If any clarification is required, please contact us so that we can provide it. Extra works can be provided subject to a written confirmation including cost.
   2. We accept orders for Building Services verbally or by email.
   3. All prices quoted are calculated on the basis of free access and unimpeded working during our normal working hours (8am – 4pm Mon – Fri), unless otherwise agreed. Please note that we may be on site until 6pm or on a Saturday. We will get prior agreement with the client should this happen.
   4. If We cannot accept your Order, We will inform you of this in writing.
   5. You may make changes to the Order and Quotation before accepting it.
   6. You may accept a Quotation by signing and dating a copy of it and returning it to Us within 30 calendar days after the date We issue the Quotation.
   7. When (but not before) You have returned the Quotation, signed and dated, and You have paid the Deposit, a legally binding contract between You and Us will be created for Us to provide the Building Services and for You to pay for them. We will then attach the signed Agreement and complete any blanks in the Agreement in accordance with the Quotation.
   8. If you wish to change your Order after accepting the Quotation, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with Clause 13 and/or 14.
5. Deposit
   1. At the time of accepting the Quotation or not more than 7 calendar days thereafter, depending on the nature of the work and any specialist Products required in advance, You may be required to pay Us a Deposit. The Deposit will be 50% of the quoted fees, unless otherwise stated. We will not confirm an Order until the Deposit is paid in full.
   2. If you cancel the Building Services, We may retain some or all of the Deposit as set out in Clauses 13, 14 and 15.
6. Fees and Payment
   1. The Quoted Fee will include the price payable for the Building Services and for the estimated Products required.
   2. We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however, if additional Products are required, We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without your agreement.
   3. If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee. If You do not wish to accept the increase, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.
   4. The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.
   5. We will provide a payment plan to the client prior to commencement of works. This will usually include a deposit, staged payments and an end payment upon completion of works. Deposits are non-refundable and allow Garden Room Designs to book work in and agree a formal start date for works and purchase materials. Please note: In the very unlikely event that We have to cancel your work, your deposit will be fully refunded.
   6. Invoices will be sent out prior to the relevant payment date and each invoice will serve as a receipt for payment. Payments must be made in a timely manner or work progress may be impeded or ceased (in the case of non-payment).
   7. We accept the following methods of payment:
      1. Electronic bank transfer;
   8. If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 4% above the base rate of Bank of England from time to time until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
   9. If You have promptly contacted Us to dispute an invoice in good faith We will not charge interest while such a dispute is ongoing.
   10. Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to Garden Room Designs without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 30 days of completion, at the expiry of such 30 day period.
   11. We shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
   12. Title in all parts and other goods supplied by Garden Room Designs shall not pass to the Customer until payment for the Works has been made in full.
7. Building Services
   1. Before We start the Job We will carry out a full inspection of the Property to check that the Building Services are appropriate for the Property, practical and can be carried out safely.
   2. We will provide the Building Services in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
   3. We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
   4. Commencement of work is under the assumption of uninterrupted work for the duration of the contract and in accordance with planning permission where applicable. Garden Rooms Designs will not be held liable for any costs incurred as a result of delays due to unforeseen circumstances. (eg planning permission delays resulting in work having to stop).
   5. We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). There may be slight variations to the same Products as a result of differences between photographs, catalogues and other materials, and the Products themselves, or as a result of minor technical changes which will not impact your use of the Product in question. Product packaging may also vary. If different Products are required due to non-availability, We will not supply them without consulting with You first, in advance of the Job. If You do not wish to accept the alternative Products, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.
   6. We will ensure that all Products comply with any relevant standards and are in a satisfactory condition at the time of use.
   7. We will ensure that the Building Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
   8. We will notify You in advance if the work We are doing is likely to affect the Property outside of the Work Area and We will advise You of any remedial work You are likely to have to carry out. If further remedial work is needed, beyond the scope of the advice we gave You, We will carry it out at Our expense.
   9. We will ensure that We comply with all relevant codes of practice.
   10. We will ensure that furniture, flooring and walls in the Work Area that are not being worked on as part of the Job are suitably covered and protected for the duration of the Job.
   11. We will properly dispose of all waste that results from Our provision of the Building Services.
   12. If We cause any damage during the course of the Job We will repair the damage before completing the Job.
   13. If any inspections are required following completion of the Job We will arrange for the inspections to be carried out.
   14. Where a Job is to last for more than one working day, the Builder will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in the Work Area or remove them from the Property at the end of each working day.
   15. Before the Job is completed We will work with You to produce a snag list identifying any faults or defects in Our work which we need to put right before completion of the Job. We will not be responsible for any defects which result from the work of third party contractors over whom We have no control.
   16. We may directly employ or sub contract labour to work on site. Each sub-contractor takes full responsibility for their own third party liability. Plumbing sub-contracts are CORGI registered. Electricians are Part P certified. We will oversee all works to completion and takes full general and operational responsibility in the running of any contract agreed with the client.
8. Faulty Products
   1. If any Products are supplied in the course of Us providing the Building Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details above in Clause 3.
   2. Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the Product(s) at a reduced price, or to a repair or replacement.
   3. After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace any defective Products or, if a repair or replacement is not practicable or possible, or if a repair or replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the Product(s) at a reduced price. This right may not apply if We can prove that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by the Builder or as included with the Product.
   4. After the first six months, if any Product develops a fault, You must prove that the Product in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund for up to six years depending upon the nature of the Product and how long it can reasonably be expected to last.
9. Problems with Our Service
   1. If there is a problem with the result of the Building Services, i.e. they have not been provided with reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price reduction if this is not possible.
   2. We always use reasonable efforts to ensure that Our provision of the Building Services is trouble-free. If, however, there is a problem with the Building Services We request that You inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Building Services as quickly as is reasonably possible and practical.
   3. We will not charge You for remedying problems under this Clause 9 where the problems have been caused by Us [or where nobody is at fault]. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by You, We may charge You for remedial work.
   4. As a consumer, You have certain legal rights with respect to the purchase of goods or services. For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
   5. If We do not perform the Building Services with reasonable skill and care, You have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You, You have the right to a reduction in price.
   6. If the Building Services are not performed in line with information that We have provided about them, You also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to You (or if Our breach concerns information about Us that does not relate to the performance of the Building Services), You have the right to a reduction in price.
   7. If for any reason We are required to repeat the Building Services in accordance with Your legal rights, We will not charge You for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full fees payable for the Job and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that You are entitled to the refund) and made via the same payment method originally used by You unless You request an alternative method.
10. Your Obligations
    1. If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before We begin to provide the Building Services.
    2. If any party wall agreements are needed, You must enter into those agreements before we begin to provide the Building Services.
    3. You will ensure that the Builder can access the Property at the Agreed Times to provide the Building Services.
    4. You may either give the Builder a set of keys to the Property or be present at the Agreed Times to give the Builder access. We promise that all keys will be kept safely and securely by the Builder.
    5. You must ensure that the Builder has access to electrical outlets and a supply of hot and cold running water.
    6. You must ensure that the Work Area is kept clear of furniture and other items and out of use for the duration of the Job unless We direct otherwise.
    7. If You do access the Work Area at any time during the course of the Job You must observe all relevant health and safety rules and must comply with any additional instructions the Builder gives You.
    8. Unless redecoration following completion of building work forms an agreed part of the Building Services, You will be responsible for any redecoration required.
    9. If You do not provide the required access to the Property or make it impossible for Us to provide the Building Services by failing to comply with any other provision in this Clause 10, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
11. Complaints and Feedback
    1. We always welcome feedback from Our customers and, while We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure, available from Garden Room Designs main office.
    3. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
       1. In writing, addressed to Mary Harrison, Garden Room Designs, Green Acre, Reeves Corner, Great Plumstead, Norwich, Norfolk, NR13 5BY.
       2. By email, addressed to Mary Harrison, mary@gardenroomdesigns.co.uk.
       3. By telephone on 01603 720005.
12. Changing the Start Date
    1. If You ask Us to change the Start Date:
       1. We will where reasonably possible agree a revised Start Date with You;
       2. If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 15).
    2. If We ask You to change the Start Date, You may either:
       1. agree a revised Start Date with Us; or
       2. terminate the Agreement (see Clause 15).
13. Cancellation of Contract During the Cooling Off Period
    1. Where the Agreement is not made “on Our premises”, You have a statutory right to a “cooling off” period. This period begins once the contract between You and Us is formed and ends:
       1. in relation to any Products supplied, at the end of 14 calendar days after the date on which the Products are delivered. If the Products are delivered in instalments, the 14 calendar day period begins on the day that you receive the final instalment; and
       2. in relation to the Building Services, at the end of 14 calendar days after the date on which the contract is formed.
    2. If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement (e.g. a letter sent by post, or email to the postal address, or email address specified in these Terms and Conditions). You may use the Model Cancellation Form, but You do not have to.
    3. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
    4. If You exercise this right to cancel You will receive a full refund of any amount paid to the Us in respect of the contract.
    5. We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
    6. We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 calendar days after the day on which We are informed of the cancellation.
    7. If You exercise the right to cancel in relation to Products:
       1. We will issue a refund within 5 working days and in any event no later than 14 calendar days after We receive the relevant Products (and will include standard delivery charges if You send the Products to Us);
       2. You must return the Products to Us within 14 calendar days of the day on which You inform Us that You wish to cancel and return them;
       3. We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You;
       4. Please also note that Products that become inseparably mixed with others cannot be returned.
    8. If the Start Date falls within the cooling off period You must make an express request for provision of the Building Services to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process. By making such a request You acknowledge and agree to the following:
       1. If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
       2. If You cancel the Agreement after provision of the Building Services has begun You will be required to pay for the Building Services and any Products that cannot be returned to Us supplied up until the point at which You inform Us of Your wish to cancel;
       3. The amount due will be calculated in proportion to the full price of the Building Services and the actual Building Services already provided. Any sums that have already been paid for the Building Services will be refunded, subject to deductions calculated on this basis;
       4. We will process any refund within 5 working days and in any event no later than 14 calendar days after You inform Us of Your wish to cancel.
    9. Clause 14 applies to the termination of the Agreement after the 14 calendar day cooling off period has elapsed.
14. Cancellation Outside of the Cooling Off Period
    1. In addition to Your rights in Clause 13 relating to the cooling off period, the following applies to Your termination of the Agreement after the cooling off period and before the Start Date (if relevant):
       1. If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply), We will retain from the Deposit, if applicable, a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit (and/or if no Deposit has been paid), We will invoice You for the shortfall and You will be required to make payment in accordance with Clause 6.
    2. We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.
15. Termination
    1. You may terminate the Agreement with immediate effect at any time by giving Us written notice if:
       1. We have breached the Agreement in any material way and have failed to remedy that breach within 14 calendar of You asking Us in writing to do so;
       2. We enter into liquidation or have an administrator or receiver appointed over Our assets;
       3. You and We have been unable to agree a revised Start Date or You elect to terminate the Agreement under Clause 12;
       4. We are unable to provide the Building Services due to an event outside of Our control (see Clause 17).
    2. We may terminate the Agreement with immediate effect by giving You written notice if:
       1. You fail to make a payment on time as required under Clause 6 (this does not affect Our right to charge interest on overdue sums under sub-Clause 6.8);
       2. You have breached the Agreement in any material way and have failed to remedy that breach within 14 calendar days of Us asking You in writing to do so; or
       3. You and We have been unable to agree a revised Start Date under Clause 2;
       4. You do not provide the Builder with access to the Property or otherwise make it impossible for the Builder to provide the Building Services, and We have been unable to contact You to re-arrange the Building Services under sub-Clause 10.9;
       5. We have been unable to provide the Building Services for more than 8 weeks due to an event outside of Our control (see Clause 17).
    3. For the purposes of this Clause 15 a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
    4. If at the termination date:
       1. You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any Building Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement if We terminate it under sub-Clauses 15.2.1, 15.2.2, or 15.2.4;
       2. We have provided Building Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment in accordance with Clause 6.
16. Effects of Termination
    1. If the Agreement is terminated for any reason:
       1. Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
       2. Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.
17. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
    2. If any event described under this Clause 17 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
       1. We will inform You as soon as is reasonably possible;
       2. Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
       3. We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Building Services as necessary;
       4. You or We may terminate the Agreement (see Clause 15).
18. Liability
    1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
    2. We will maintain suitable and valid insurance including public liability insurance.
    3. We provide Building Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    4. If We cause any damage to the Property, We will make good that damage at no additional cost to You. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Building Services.
    5. We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Builder.
    6. Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
    7. Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
19. How We Use Your Personal Data (Data Protection)
    We will only use Your personal data as set out in Our Privacy Notice available from our office at Green Acre, Reeves Corner, Great Plumstead, Norwich, Norfolk, NR13 5BY.
20. Other Important Terms
    1. We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
    2. We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
    3. You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
    4. The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
    5. If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
    6. No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
21. Regulations and Information
    1. We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation and the Agreement has been signed) except where that information is already apparent from the context of the transaction. We have included the information itself either in the Agreement or Quotation for You to see, or We will make it available to You before the Agreement is signed and you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
    2. As required by the Regulations:
       1. all of the information described in sub-Clause 21.1; and
       2. any other information which We give to You about the Building Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Building Services,
    will be a part of the terms of Our contract with You as a Consumer.
22. Law and Jurisdiction
    1. These Terms and Conditions, the Agreement, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.