Terms & Conditions of Sale

1. APPLICATION OF THESE TERMS AND CONDITIONS

1.1. It is considered that any customer entering into an agreement with DIVERGENT CONCEPTS LTD Ltd is in acceptance of these terms and conditions. The customer is responsible for obtaining a copy of these terms and conditions for their reference.

1.2. DIVERGENT CONCEPTS LTD reserves the right to amend these terms and conditions at any time.

1.3. No variations of these terms and conditions shall be of any effect unless agreed by the Company in writing.

1.4. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

1.5. The contract shall in all respects be construed and operated as an English contract governed by English law and any dispute arising out of, or in connection herewith, shall be referred to the English courts.

2. OUR PRODUCTS

2.1 The company website, brochure and any elevation drawings serve as a guide only and do not form part of any contract.

2.2. The company make every effort to be as accurate as possible however precise measurements indicated on our website, in our brochures and on any order documentation are subject to reasonable levels of tolerance and adjustment.

2.3. The company reserves the right to alter specifications without prior notice. Changes to product specification are rare and reasons for doing so may include, but are not limited to, improving general quality or efficiency of the product, because the material is no longer available to the company or for drastic changes in material costs. The company will always endeavour to inform the customer when any significant specifications are to be amended.

3. PRICING

3.1. All prices stated on the company’s website and literature include VAT at the current rate.

3.2. DIVERGENT CONCEPTS LTD adhere to a transparent pricing policy; no discounts other than those advertised on our website and/or in our Showroom at the time of order will be applied.

3.3. Once the customer places an order and the deposit is received, a sales confirmation will be issued and the price stated will remain fixed, unless the order is put on hold for longer than 14 days.

4. PAYMENTS

4.1.  A 50% holding deposit is required upon placing the order, this is to secure prices for materials and available slot.

4.2.  25% payment is due after internal 1st fix of electrical is complete. Final payment of the outstanding balance is due strictly on or before the final day of installation.

4.3.  If additional minor works (i.e. plastering, painting, electrics, trimming) or any remedial action is required after the main installation, a proportionate retention (reflecting the cost of outstanding work) is agreed between DIVERGENT CONCEPTS LTD and the customer until the outstanding works are completed.

4.4.  Any outstanding balance may be paid by bank transfer (copy of transaction required) or by debit or credit card, if agreed prior to full commitment. All goods remain the property of the company until the final balance is paid for in full.

4.5.  In matters related to architectural drawings and applying for permission to the local planning authority, we will ask you to make payments on account in respect of costs which have not yet been incurred. A request will be routinely made to you to make payment(s) on account as your project progresses. Such payment requests will be made at the same time we send you invoices against your balance on account.

4.6.  Additional requests will be made at times when it is known that costs will be incurred in the near future. Examples include planning applications, architectural drawings, structural consultation or substantial items of work either in relation to our costs or the costs of third parties such as architects. Such funds will be held in our account until they are required to pay the costs that have been incurred. We reserve the right to cease acting on your behalf if, following a request for payment on account, payment from you is not received.

4.7.  Money paid on account is held by us and will be used to reduce the balance owing on an interim bill or to pay disbursements as explained in 4.6. It is important that you understand that the total charges and expenses may be greater than any advance payments. If you would like your bill breaking down, we will explain how it has been calculated. You should notify us immediately because we wish to resolve any queries as soon as possible.

5. CANCELLATIONS

5.1. As all Products designed and manufactured by DIVERGENT CONCEPTS LTD are made-to-order, to customer specifications, they are exempt from cancellation rights.

5.2  Any deposit paid including additional extras will not be refunded if client cancels within 8 weeks prior to the build approx start date will not be refunded. 

5.3. The customer may cancel an order and receive a refund up to 14 calendar days after the deposit is put down. 

5.4. The company reserves the right to cancel an order at any time, for any reason. In the event of DIVERGENT CONCEPTS LTD cancelling an order, a full refund will be given to the customer.

7. PLANNING PERMISSION

7.1. Planning consent is not normally required however, it is the customer’s responsibility to ensure that planning consent is not required for the installation of the outbuilding. We recommend you seek clarification from your local planning authority. DIVERGENT CONCEPTS LTD will not be held liable for any breach of Permitted Development/Planning regulations applicable to your property.

7.2.  If the site is in a Conservation Area we recommend that the customer contacts their local authority to confirm whether or not any Article 4 Directions (restrictions on your Permitted Development rights) have been applied to the property.

7.3.  If the customer has been provided with CAD documents and they choose to cancel their order the holding deposit is non-refundable. If the customer has been provided with planning consultancy services and they choose to cancel their order the holding deposit is non-refundable. The holding deposit is refundable if Planning Permission is declined on condition that proof of the refusal is provided.

7.4.  The customer is responsible for ensuring that their building and its location complies with their Planning Approval conditions. DIVERGENT CONCEPTS LTD will not be liable for any changes a customer may make to the design, specification or location of a building once a Planning Application has been submitted or approved.

8. SCHEDULED DATES

8.1.  The company will always try to honour the estimated delivery/installation date. The majority of our buildings are delivered and installed within the estimated time frame. However, due to the bespoke nature of our work and the product we cannot guarantee the installation date and cannot be held responsible for postponement or delay outside of our control, this may include but is not limited to extreme weather conditions, access difficulties, parking, traffic, material delays.

8.2.  The company cannot be held liable for any loss, damages, charges or expenses incurred by the customer as the direct or indirect result of any delay in the delivery, installation or completion of an order. The company will not be held financially liable for return visits that may be required for any rectification works to the building.

8.3.  Any time frames given to the customer to suggest the duration of an installation are an estimate only and do not form part of any contract. The company will not guarantee to complete the installation of a building by any specified date or time.

8.4.  If the customer postpones/delays the installation of the base or building for any reason within 14 calendar days of the installation the following penalties will be immediately incurred;

8.4.i. Within 14-6 days of the scheduled base installation date: 15% of the total sales price;

8.4.ii. Within 5 days of the scheduled base installation date: 30% of the total sales price;

8.4.iii. Any time after the base has been laid: 35% of the total sales price.

8.5. For any additional works agreed and booked in, including but not limited to electrical connections, air conditioning installations, blind installations, plastering, painting, the full charges will still apply if the customer cancels such work any time after the date(s) have been confirmed with the customer.

9. WORK ON SITE

9.1.  The customer is responsible for preparing the site as per the written notes on their Sales Order and any discussion that takes place with the Site Surveyor at the time of sale.

9.2.  The customer is responsible for providing all necessary parking permits, access and permissions in advance of the base and building installation dates. Access to electricity and water is required on site.

9.3.  In accordance with the Site Preparation Notes all sites/bases must be level with correct drainage in place, a clearance of no less than 400mm, unless otherwise specified, is required in addition to the external dimensions of the building to allow construction.

9.4.  Failure to complete the necessary preparations may result in a delay or, in certain circumstances, cancellation of the installation schedule. A minimum charge of £500 will be incurred if the customer has not carried out the necessary preparations as per clauses 9.1, 9.2 and 9.3.

9.5.  The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement.

9.6.  Whilst every care is taken to avoid any damage to the Customer’s property, DIVERGENT CONCEPTS LTD cannot be held liable for unavoidable damage caused by the installation teams. The Customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas.

9.7.  We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage.

9.8.  The company will install materials, fittings or appliances supplied by the customer on a good will basis only. The company will not be held liable for any damage to such items. No additional items will be fitted/installed unless agreed in writing on the Sales Order prior to the team visiting site. 

9.9 The customer takes full responsibility and liability for goods and equipment on their premises. The customer will be charged for any loss, theft or damaged caused to goods or equipment in our absence. 

9.10.  The company reserves the right to withdraw its employees or designated contractors from site where they deem the working conditions to be unsafe in accordance with current Health and Safety Regulations. In such cases the company will discuss any necessary changes to the working environment/conditions with the customer which must be carried out before works can continue.

9.11. All installation personnel have been trained and briefed on safe working practices including use of PPE (Personal Protective Equipment) in accordance with current Health and Safety regulations. If a full Risk Assessment and/or Method Statement are required by a customer 6 weeks’ notice must be given and charges may apply based on the level of compliance required.

9.12. DIVERGENT CONCEPTS LTD are covered by liability insurance up to £10million. Full details are available on request.

9.13. The design consultation completed at the time of sale is a visual inspection only and the company cannot be held liable should any underground obstruction be discovered on commencement of works.

9.14. The company reserves the right to cancel or postpone any works should unforeseen circumstances arise that affect the company’s ability to fulfil an order. In the event that the company cancel the total installation of an order a full refund will be given to the customer, unless it is found that such unforeseen circumstances have been directly caused by the customer.

10. BASES

10.1. The customer must be present on the base date and is responsible for confirming the location of the base prior to construction. Once this position has been confirmed and base constructed the position cannot be changed. The customer should consider any areas surrounding the building that may be obstructed or restrict access to openings on or around the garden room.

10.2. No apertures or fittings for services not supplied by DIVERGENT CONCEPTS LTD will be made unless agreed and confirmed in writing on your Sales Order.

10.3. If an existing base has been used e.g. concrete slab, DIVERGENT CONCEPTS LTD cannot be held liable for subsidence or settlement issues.

10.4. Spoils created by the base team will not be removed from site unless agreed in writing prior to the works commencing.

10.5. The Company will not be held liable for any issues with regards to the height of the building if the customer has not levelled the site/ground in accordance with the Site Preparation Notes.

10.6. The Company makes no allowances for foundation digs beyond 1 meter beneath the ground. Should the foundation digs need to exceed the 1 meter allowance, the customer will be informed at the earliest convenience of any necessary additional costs.

11. ELECTRICAL WORKS

11.1. A Domestic Electrical Installation Certificate will only be supplied where DIVERGENT CONCEPTS LTD  completes a full external connection of power and will only be supplied to the customer once the final balance has been paid in full. The certificate can take up to 21 days to process. Where a full connection has not been made, readings are available on request. It is the responsibility of the certified electrician completing the full connection to certify the electrical works.

11.2. Every effort is made to provide an accurate quotation for electrical works, however, the inspection of the customer’s own armoured cable and consumer unit is only visual and is based on the assumption that the customer’s electrics comply with current building regulations. It is the customer’s responsibility to ensure that the cable is fit for purpose. Quotes given at the point of sale are estimates only and do not act as confirmation of the cable being suitable. DIVERGENT CONCEPTS LTD cannot be held liable should the cable prove to be unsuitable or inadequate.

11.3. DIVERGENT CONCEPTS LTD reserves the right to refuse to complete electrical work or to apply additional charges where a connection is not possible with the current power source/consumer unit. The customer will be informed and quoted prior to any necessary additional works being carried out.

11.4. Where DIVERGENT CONCEPTS LTD are to complete a connection of an existing cable or of a cable to be supplied by the customer, it is the customer’s responsibility to run the cable from the main fuse board in the house to the garden room site. The customer must ensure that there is an excess of at least 10 metres of cable reaching the site. Unless otherwise stated on the customer’s Sales Order, DIVERGENT CONCEPTS LTD will not complete any of the works to run the cable, this includes clipping the cable to any boundary/wall/fence. Should the customer request that such work is completed additional charges will apply.

11.5. The company reserves the right to make any changes to electrical product specification or services they deem necessary to ensure safety compliance. The customer will be made aware of any such requirements and cost implications before the relevant works are carried out.

11.6. Armoured electrical and Ethernet cables are always run on the outside of the garden building, no armoured cable will be run in the wall cavity.

11.7.  No additional electrical work will be carried out by the company or designated sub-contractors unless agreed in writing on the Sales Order prior to the team visiting site.

11.8. DIVERGENT CONCEPTS LTD makes no guarantee as to the suitability of any telecoms, data connections or WiFi products. The liability of the Company for any Internet or Communications device or service will be limited to the value of that specific item only, as outlined on the Customer’s Invoice. 

12. YOUR GUARANTEE

12.1. DIVERGENT CONCEPTS LTD buildings are covered by a comprehensive transferable guarantee, which is activated once the final balance is paid in full. The terms of your guarantee are as follows:

10 years:
Design and manufacturing faults to the structure of the building (including rot and corrosion)

3 years:
Internal misting in double glazing
Door and window hinges and locks
External decking (rot, corrosion and structural faults)

1 year:
External fascias
Internal linings and trim, floor covering, internal accessories, blinds
Electrical installations and appliances, including underfloor heating and air conditioning units Electrical and network connections

12.2. Buildings constructed by DIVERGENT CONCEPTS LTD under ‘Permitted Development’ should not be used for habitable accommodation. If used for habitable accommodation the guarantee is invalid. Guarantee excludes normal ‘wear and tear’ and decorated surfaces.

12.3. No guarantee will be made by DIVERGENT CONCEPTS LTD against the effects of weather exposure on the colour of the external cladding. Cedar will naturally fade and silver over time, it is recommended that that any cedar on the building is treated by the customer within 1 month of installation and every 6 months thereafter to preserve its original colour.

12.4. Door adjustments are not covered under guarantee and may be necessary from time to time. Adjustments can be easily carried out by the customer – please call the office for advice.

12.5. Warping of timber fascia boards is not covered under guarantee; timber is a natural product and warping may occur.

12.6. Superficial cracking of timber cladding and/or fascia boards is not covered under guarantee.

12.7. DIVERGENT CONCEPTS LTD  guarantee glass on windows and doors in accordance with the ‘Glass and Glazing Federation’ guidelines (a copy can be obtained from the Customer Care team). No guarantee will be made against scratches or imperfections in/on the glass once the sign-off of the building inspection has been completed.

12.8. Where underfloor heating has been installed the customer must ensure that all furniture is raised on legs, the use of flat- base furniture will invalidate your guarantee.

12.9. Guarantee claims should be made to the main office on discovery of the fault. Failure to report a fault immediately may invalidate your guarantee. Once agreed, a maintenance team will be dispatched to remedy the issues free of any charge. DIVERGENT CONCEPTS LTD will not reimburse payments made to third party repair contractors without prior written consent.

12.10. If the customer is deemed to be responsible for any faults to the building, all costs associated with remedial works will be charged to the customer.

12.11. No guarantee will be made for materials, appliances or services supplied by the customer to be installed by DIVERGENT CONCEPTS LTD. Such items are installed on a good will basis only.

12.12. The Company’s liability shall not exceed the total purchase value of the of the Product and the taking of the steps it deems necessary to rectify any issues shall constitute an entire discharge of the Company’s liability under this warranty.

12.13. The Company shall not be deemed liable for subsidence to the garden room or of the surrounding installation site unless such subsidence is caused by the negligence of the Company during installation.

12.14. Any structural alteration made to the building by the customer or a third party employed by the customer will invalidate your guarantee and as such any related remedial works will be chargeable as per clause 12.10.

13. PLASTERED BUILDINGS

13.1. DIVERGENT CONCEPTS LTD follow NHBC guidelines relating to plaster finishes: “some cracking (up to 2mm wide) is likely due to shrinkage and differential movement of materials”. Settlement cracks should be filled and sanded by the customer and are not covered under guarantee. Plaster cracking over 2mm wide is covered under your guarantee for a 1-year period.

13.2. It is the responsibility of the customer to ensure that the building is well ventilated and has a consistent temperature throughout the plaster drying process. The company will not be liable for any cracking or moisture retention caused by lack of ventilation or temperature variation during the drying process.

13.3. DIVERGENT CONCEPTS LTD buildings finished with the acoustic insulation are designed to reduce sound by up to 45 decibels (results may vary and are dependent on the size of the build, the amount of insulation installed and the amount of glass you opt to have on your build DIVERGENT CONCEPTS LTD makes no claim of any building being completely soundproof.

14. VENTILATION

14.1. We strongly advise that all buildings are fitted with at least one opening window for ventilation purposes. 

14.2. If the building is being used as a gym or exercise room it is important to maintain good ventilation. We recommend heating and ventilating your building before use and during use to avoid condensation on equipment.

15. GROUND, GUTTER AND ROOF MAINTENANCE

15.1. Divergent products require very little maintenance however, it is the customer’s responsibility to ensure areas around the building are kept clear. An air gap under the sides and rear of the building must be maintained and clear of obstacles to ensure vegetation and weeds do not make contact with the building and lead to possible intrusion within the building. This will also ensure that no moisture cannot be trapped underneath the building.

15.2. Gutters and roofs should be inspected and cleared of all debris a minimum of twice a year.

15.3. As with any external building, failure to clear gutters and keep air gaps maintained may result in damage to the fabric of the building which will invalidate your guarantee.

15.4. If remedial work is carried out and the defect is found to be a result of the customer failing to maintain a clear area around the building the work will be chargeable to the customer (as per clause 12.9).

16. LIABILITY

16.1. Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Company for death or personal injury as a result of the Company’s negligence or that of its employees or agents.

17. CUSTOMER FIANANCE AGREEMENTS

17.1. DIVERGENT CONCEPTS LTD, acts as a credit broker and not the lender. Lenders are authorised and regulated by the Financial Conduct Authority. The Company is not liable for any financial service obtained through the credit lender.

17.2. Credit is available to UK residents only and is subject to application, status and lending criteria.

17.3. Application Criteria may vary between lenders.

17.4. The Customer must be present on the final day of the installation to sign the Customer Satisfaction Note. The product will remain the property of DIVERGENT CONCEPTS LTD until this Satisfaction Note has been signed and returned to the Company.

17.5. Changes to Finance Agreements as a result of order specification amendments are possible up to 180 days after the initial application agreement has been received by the customer. The customer will be responsible for completing the signing of any amended application.

176. Cancellation of a Finance Agreement with the credit lender does not constitute cancellation of the product order with the Company. All orders with DIVERGENT CONCEPTS LTD are subject to cancellation and postponement charges, where applicable, in accordance with clauses 5 and 8 of this contract.