Easy Gardens Terms and Conditions of Sale

1. About these Terms

1.1 These Terms and Conditions apply to all sales of goods by Easy Gardens.

1.2 These Terms apply to all products supplied by Easy Gardens, including composite decking, composite cladding, composite fencing, trims, posts, rails, fixings, clips, samples, accessories and any other goods supplied by Easy Gardens.

1.3 By placing an order, accepting a quotation, paying an invoice, opening a trade account, accepting delivery, collecting goods, using goods, reselling goods, supplying goods onward, or otherwise purchasing goods from Easy Gardens, you agree to these Terms.

1.4 These Terms apply unless Easy Gardens agrees different terms in writing.

1.5 Any terms provided by the customer, including purchase order terms, merchant terms, branch terms, contractor terms, debit note terms or other customer terms, are excluded unless Easy Gardens expressly agrees to them in writing.

1.6 If there is any conflict between these Terms and any customer purchase order, branch document, account document, delivery note, email footer or other customer document, these Terms apply unless Easy Gardens expressly agrees otherwise in writing.

2. Consumer and Trade Customers

2.1 A Consumer is a person buying goods mainly for personal use and not mainly for business, trade, resale, installation, development or commercial use.

2.2 A Trade Customer is any customer buying for business, trade, resale, installation, contracting, construction, development, merchant supply, branch supply, commercial use, onward supply or any other non consumer purpose.

2.3 Some Terms apply differently to Consumers and Trade Customers.

2.4 Nothing in these Terms affects any Consumer statutory rights that cannot legally be excluded or limited.

2.5 Trade Customers accept that they are responsible for their own staff, branches, customers, installers, contractors, onward delivery arrangements, storage, handling, resale and installation after delivery.

3. Important Trade Terms

3.1 Trade Customers must pay particular attention to the clauses dealing with inspection on delivery, 24 hour visible damage reporting, 48 hour concealed damage reporting, branch deliveries, onward transport, colour checking, batch variation, installation responsibility, expansion and contraction, product claims evidence, site visits, labour costs, debit notes, back charges, trade returns, restocking charges, cancellation after dispatch and limitation of liability.

3.2 Trade Customers accept that these Terms are reasonable because Easy Gardens does not control branch handling, onward transport, site storage, installation, end customer use or installer workmanship after delivery.

4. Orders and Quotations

4.1 Quotations are estimates only and are valid only for the period stated on the quotation.

4.2 An order is not accepted until Easy Gardens confirms acceptance in writing, issues an order confirmation, receives payment, dispatches the goods or supplies the goods.

4.3 Easy Gardens may refuse or cancel an order before acceptance.

4.4 The customer is responsible for checking all order details before placing the order, including product type, colour, profile, quantity, length, finish, trims, fixings, accessories, delivery address, delivery contact, access details and required delivery date.

4.5 Easy Gardens is not responsible for errors caused by incorrect or incomplete information provided by the customer.

4.6 Any quantity calculation, estimate, material list, layout suggestion or product recommendation provided by Easy Gardens is guidance only unless Easy Gardens expressly agrees in writing to provide a measured specification.

4.7 The customer is responsible for ordering enough goods for the whole project, including allowance for wastage, cuts, layout, board direction, breakages, future repairs and batch matching.

5. Prices, VAT and Payment

5.1 Prices are in pounds sterling.

5.2 Prices are exclusive of VAT unless stated otherwise.

5.3 Delivery, collection, return transport, pallet, packaging, storage and special handling charges are additional unless stated otherwise.

5.4 Easy Gardens may correct obvious pricing errors before accepting an order.

5.5 Payment must be made in full before dispatch unless Easy Gardens has agreed written credit terms.

5.6 Where credit terms are agreed, payment must be made by the due date stated on the invoice.

5.7 Easy Gardens may suspend supply, cancel orders, hold deliveries, withdraw credit, reduce credit limits, stop further orders or recover goods if any payment is overdue or if Easy Gardens reasonably believes payment is at risk.

5.8 Trade Customers must not withhold payment, set off sums, raise debit notes, impose back charges, deduct labour costs, deduct customer compensation, deduct delivery charges or make unilateral deductions unless Easy Gardens has agreed the deduction in writing.

5.9 Any claim must be raised separately and supported by evidence.

5.10 For overdue business invoices, Easy Gardens may charge statutory interest and recovery costs where applicable.

6. Ownership and Risk

6.1 Ownership of the goods remains with Easy Gardens until payment has been received in full.

6.2 Risk in the goods passes to the customer on delivery or collection.

6.3 Where goods are delivered to a branch, depot, yard, warehouse, trade premises, site, kerbside, loading area or nominated delivery address, risk passes when the goods are unloaded or made available at that address.

6.4 Where goods are collected by the customer or by the customer’s carrier, risk passes when the goods are loaded onto the collection vehicle or handed over for collection.

6.5 The customer is responsible for all loss, damage, handling, storage, onward transport, onward delivery, branch movement, site movement and installation after risk has passed.

6.6 The customer must insure the goods from the point risk passes.

7. Delivery

7.1 Delivery dates and times are estimates only unless Easy Gardens confirms in writing that time is essential.

7.2 Easy Gardens is not liable for delay caused by suppliers, manufacturers, shipping, ports, customs, couriers, hauliers, road conditions, weather, access issues, branch delays, site delays, industrial action, material shortages or circumstances outside Easy Gardens’ reasonable control.

7.3 Delivery is normally made to kerbside, roadside, yard entrance, branch entrance, loading area, nearest safe hard standing area, or another point reasonably accessible to the delivery vehicle.

7.4 The customer must ensure suitable access for delivery vehicles, including sufficient space, safe unloading conditions, level ground, suitable hard standing and an authorised person to accept delivery.

7.5 Drivers are not required to carry goods through a property, into a garden, into a building, upstairs, over obstacles, across unsuitable ground, down narrow access routes, through premises, or beyond the safe delivery point.

7.6 If delivery fails because of incorrect information, unsuitable access, no authorised person being available, refusal of delivery, branch delay, site delay or any customer related issue, Easy Gardens may charge redelivery, waiting time, storage, return transport, administration and any other costs incurred.

7.7 Delivery is complete when the goods are unloaded, made available for collection, or left in accordance with the customer’s instructions.

7.8 A signature, branch stamp, electronic proof of delivery, delivery photograph, GPS record, driver confirmation, courier confirmation, or acceptance by branch, yard, goods in, warehouse, trade counter, site or transport staff is evidence of delivery.

7.9 Any person reasonably appearing to act for the customer, branch, depot, site, warehouse or delivery address is deemed authorised to accept delivery.

7.10 If the customer asks for goods to be left unattended, risk passes when the goods are left at the agreed location.

8. Branch Deliveries and Onward Transport

8.1 Where goods are delivered to a branch, depot, yard, warehouse, distributor, reseller, merchant or trade premises, delivery is complete when the goods are unloaded or accepted at that premises.

8.2 Risk passes to the Trade Customer on delivery to the branch, depot, yard, warehouse, distributor, reseller, merchant or trade premises.

8.3 The Trade Customer is responsible for inspecting the goods before they are moved, stored, reloaded, transferred, resold, delivered onward, taken to site, installed, cut or otherwise handled.

8.4 Easy Gardens is not responsible for any damage, shortage, loss, discrepancy or alleged defect first reported after goods have been moved from the original delivery location, loaded onto another vehicle, delivered onward to site, handled by branch staff, handled by third parties, stored in the customer’s yard, supplied to an end customer, installed, cut, altered or mixed with other stock, unless the Trade Customer proves that the issue existed at the time of delivery by Easy Gardens.

8.5 If the Trade Customer arranges onward delivery from the branch to site, or if the Trade Customer’s staff, customer, contractor, courier, haulier or installer moves the goods after delivery, all risk of damage during that onward movement is the Trade Customer’s responsibility.

8.6 Easy Gardens is not responsible for damage caused by forklift handling, branch yard movement, reloading, strapping, onward transport, site unloading, dragging, dropping, bending, impact, poor storage, weather exposure, incorrect stacking, customer handling, contractor handling or end user handling after delivery.

8.7 Claims raised after goods have been taken to site will not be accepted unless supported by clear evidence showing that the damage or issue existed before onward movement from the original delivery location.

9. Inspection on Delivery

9.1 The customer must inspect the goods immediately on delivery.

9.2 Inspection must include checking pallet condition, packaging condition, visible damage, product type, colour, quantity, missing items, incorrect items, batch information where available and obvious delivery discrepancies.

9.3 Where damage or discrepancy is visible, the customer must record it on the delivery note or electronic delivery record before signing wherever possible.

9.4 If goods are signed for as received in good condition, Easy Gardens may treat this as evidence that there was no visible delivery damage or shortage at the time of delivery.

9.5 The customer must not install, cut, alter, resell, distribute, move onward or use goods that are visibly damaged, incorrect, incomplete, disputed or suspected to be defective.

9.6 Goods that are moved, used, installed, cut, drilled, altered, resold or supplied onward may be treated as accepted by Trade Customers.

10. Trade Damage, Shortage and Delivery Discrepancy Claims

10.1 This clause applies to Trade Customers only.

10.2 Visible damage, pallet damage, packaging damage, shortages, missing items, incorrect goods or delivery discrepancies must be reported to Easy Gardens in writing within 24 hours of delivery.

10.3 Concealed damage must be reported in writing within 48 hours of delivery.

10.4 Concealed damage means damage that could not reasonably be seen on normal delivery inspection but is discovered when packaging is first opened.

10.5 Reports must include the order number, invoice number, delivery address, delivery date, photographs of the full pallet, photographs of packaging, product labels, close up photographs of damage, and the delivery note or proof of delivery where available.

10.6 Easy Gardens may reject any Trade Customer claim for visible damage, pallet damage, packaging damage, shortage, missing item, incorrect goods or delivery discrepancy reported more than 24 hours after delivery.

10.7 Easy Gardens may reject any Trade Customer claim for concealed damage reported more than 48 hours after delivery.

10.8 Easy Gardens may reject any claim where goods have been moved, stored incorrectly, loaded onto another vehicle, taken to site, installed, cut, drilled, fixed, altered, resold, distributed, mixed with other stock or otherwise dealt with in a way that prevents Easy Gardens from verifying the condition of the goods at delivery.

10.9 Easy Gardens is not liable for damage caused after delivery.

10.10 Where a Trade Customer reports damage outside the stated time limits, the Trade Customer must prove that the damage existed at the point of delivery and was not caused after delivery.

11. Wrong Colour, Wrong Product and Acceptance After Use

11.1 The customer must check the product, colour, finish, profile, quantity and specification immediately on delivery and before any onward movement, resale, cutting, drilling, fixing, installation, alteration or use.

11.2 The customer must not use, cut, drill, fix, install, alter, resell or supply onward any goods that the customer believes may be the wrong colour, wrong product, wrong profile, wrong finish, wrong quantity or otherwise incorrect.

11.3 For Trade Customers, use, cutting, drilling, fixing, installation, alteration, resale, onward supply, delivery to site, mixing with other stock, or any act inconsistent with rejection will be treated as acceptance that the goods are the correct product, colour, finish, profile, quantity and specification.

11.4 Easy Gardens may reject any Trade Customer claim that goods are the wrong colour, wrong product, wrong finish or wrong profile where the goods have already been used, cut, drilled, fixed, installed, altered, resold, supplied onward, taken to site, mixed with other stock or otherwise accepted.

11.5 Easy Gardens is not liable for labour, removal, refitting, site delay, customer compensation, loss of profit, loss of use, replacement installation costs, contractor charges, installer wages or consequential costs where goods were used, cut, installed or supplied onward before the customer checked that they were correct.

11.6 If a Trade Customer claims goods are the wrong colour or wrong product, the claim must be made in writing within 24 hours of delivery and before the goods are moved from the delivery location, taken to site, used, cut, installed, resold or supplied onward.

11.7 Photographs must be provided showing the full pallet, product labels, batch information where available, packaging, goods received and the alleged colour or product issue.

11.8 Samples, photographs, display boards and website images are indicative only and do not guarantee an exact colour match.

11.9 Natural colour variation, batch variation, screen variation, lighting variation, weathering and manufacturing variation are not defects unless they exceed the written product warranty.

12. Batch Matching and Repeat Orders

12.1 The customer acknowledges that composite decking, cladding, fencing, trims, accessories and related goods may vary between batches, production runs, suppliers, factories, dates of manufacture and stock deliveries.

12.2 Colour, tone, shade, grain, texture, surface finish, sheen, profile and dimensions may vary between different batches and production runs. Such variation is a normal characteristic of composite and manufactured outdoor products and is not a defect unless it exceeds the written product specification or written warranty.

12.3 Easy Gardens can only guarantee batch matching for goods supplied under the same accepted order where Easy Gardens has expressly confirmed batch matching in writing before the order is accepted.

12.4 Any batch matching guarantee applies only to that individual order and only to the goods supplied under that order.

12.5 Easy Gardens does not guarantee that goods ordered later will match goods supplied under any previous order.

12.6 Separate orders, repeat orders, additional orders, top up orders, replacement orders, exchanged goods, warranty replacement goods and later purchases may come from different batches and may not match previously supplied goods.

12.7 The customer is responsible for ordering enough goods in the original order to complete the whole project, including allowance for wastage, cuts, breakages, installation layout, future repairs and batch matching.

12.8 If the customer requires additional goods to match a previous order, the customer must tell Easy Gardens in writing before placing the later order and must provide the previous order number, delivery date, batch details and photographs where available.

12.9 Easy Gardens may try to supply matching or similar goods where possible, but no match is guaranteed unless Easy Gardens expressly confirms in writing before accepting the later order that the goods will be batch matched.

12.10 Easy Gardens is not liable for colour, shade, grain, texture, finish, profile or batch differences between goods supplied under different orders unless Easy Gardens expressly guaranteed a batch match in writing before accepting the later order.

12.11 The customer must check all goods, including colour, shade, batch, finish, profile and quantity, before installation, cutting, drilling, fixing, resale, onward delivery or use.

12.12 The customer must not install, cut, drill, fix, alter, resell, supply onward or use goods if the customer believes there is a colour, batch, shade, finish, profile or matching issue.

12.13 For Trade Customers, installation, cutting, drilling, fixing, alteration, resale, onward supply, delivery to site, mixing with other stock or use of goods is treated as acceptance that the goods are suitable and acceptable in relation to colour, batch, shade, finish, profile and appearance.

12.14 Easy Gardens may reject any Trade Customer claim for colour mismatch, batch mismatch, shade variation, finish variation or profile variation where the goods have been installed, cut, drilled, fixed, altered, resold, supplied onward, mixed with other stock, moved to site or used.

12.15 Easy Gardens is not liable for labour, removal, refitting, installer wages, contractor costs, site delays, customer compensation, loss of profit, loss of business, replacement installation costs, debit notes, back charges or consequential losses arising from batch differences, colour variation or shade variation between separate orders.

12.16 Where the customer mixes goods from different orders, batches, production runs or delivery dates, the customer accepts the risk of visible colour, shade, grain, finish or profile differences.

12.17 Easy Gardens recommends that goods from different batches are not mixed within the same visible installation area unless the customer has checked and accepted the appearance before installation.

12.18 Batch details, labels and packaging should be retained by the customer until the project is complete and any claim period has passed.

12.19 Nothing in this section affects Consumer statutory rights where goods are faulty, not as described or not of satisfactory quality.

13. Matching Existing or Weathered Goods

13.1 Easy Gardens does not guarantee that new goods will match goods previously supplied, previously installed, weathered, exposed, stored outside, displayed, used, cleaned, aged or affected by sunlight, rain, dirt, algae, pollution or normal environmental conditions.

13.2 Even where goods are from the same range or colour name, later orders may appear different from older, weathered or previously installed goods.

13.3 The customer is responsible for checking appearance before installation and must not mix new goods with existing, weathered or previously installed goods unless the customer has checked and accepted the appearance.

13.4 Easy Gardens is not liable for labour, removal, refitting, replacement installation, customer compensation or consequential loss arising from attempts to match new goods with older, weathered, installed or previously supplied goods.

14. Product Descriptions, Images and Samples

14.1 Product images, website images, brochures, display boards, samples and marketing materials are for general guidance only.

14.2 Colours may vary due to screen settings, lighting, batch differences, manufacturing variation, material variation, weathering and natural variation in composite products.

14.3 Samples show general colour, profile and finish only and may not exactly match delivered goods.

14.4 Easy Gardens strongly recommends that customers order samples before placing large, bespoke, colour sensitive or project critical orders.

14.5 The customer is responsible for ordering enough goods from the same batch for the whole project.

14.6 Easy Gardens does not guarantee exact colour matching between different orders, batches, production runs, samples, display boards, photographs, previous purchases or previously supplied goods.

14.7 Natural colour change, weathering, lightening, fading, water marks, tannin marks, mineral marks and surface variation may occur after delivery or installation and are not defects unless they exceed the written product warranty.

14.8 Composite products may contain natural fibres, recycled materials or wood plastic composite materials. Depending on weather, UV exposure, moisture, cleaning, use and installation conditions, the colour and appearance may change over time.

14.9 Natural oils, surface residue, initial weathering, UV bleaching, colour fade, water marks and appearance changes are normal characteristics of composite and outdoor products and are not defects unless they exceed the written product warranty.

15. Product Tolerances and Measurements

15.1 Product dimensions, colours, finishes, textures, weights and profiles may be subject to reasonable manufacturing tolerances.

15.2 The customer must check actual goods before installation and must allow for manufacturing tolerances, expansion, contraction, cutting, wastage and site conditions.

15.3 Easy Gardens is not liable for minor dimensional variation, colour variation, texture variation or other tolerances that do not make the goods materially different from the goods ordered.

15.4 All measurements, weights and dimensions provided by Easy Gardens are approximate unless expressly confirmed in writing as exact.

16. Suitability and Customer Responsibility

16.1 The customer is responsible for checking that goods are suitable for the intended project, location, environment, use, design, substructure, fixing method and installation method before ordering and before installation.

16.2 The customer is responsible for checking measurements, quantities, wastage allowance, layout and installation requirements.

16.3 Easy Gardens is not liable for shortages caused by incorrect measurements, insufficient wastage allowance, installation method, design changes, cutting errors, site conditions or customer estimation.

16.4 Any advice given by Easy Gardens about quantities, suitability, installation or product choice is general guidance only unless Easy Gardens expressly agrees in writing to provide a detailed written specification.

16.5 The customer is responsible for compliance with any building regulations, planning requirements, structural requirements, fire requirements, lease requirements, property restrictions, site rules or other legal or technical requirements affecting the project.

16.6 Goods must not be used for structural load bearing purposes unless Easy Gardens has expressly confirmed in writing that the specific goods are suitable for that use.

17. Technical Performance and Intended Use

17.1 The customer is responsible for checking that the goods are suitable for the intended location, project, building, structure, height, fire requirement, slip requirement, load requirement, planning requirement and regulatory requirement before ordering and before installation.

17.2 Easy Gardens does not warrant that goods are suitable for balconies, roof terraces, fire escape routes, raised platforms, public walkways, commercial premises, schools, hospitality venues, marine environments, high traffic areas, structural applications or any regulated use unless Easy Gardens has expressly confirmed suitability in writing for that specific use.

17.3 Any fire rating, slip rating, strength rating, span rating, certification, declaration of performance, technical document or test result applies only to the specific product and conditions stated in that document.

17.4 The customer must not rely on general website information, marketing material, samples, photographs or verbal comments as confirmation that goods are suitable for a regulated, structural or high risk use.

17.5 The customer, installer, contractor, designer, specifier and end user are responsible for ensuring compliance with all applicable building regulations, planning requirements, fire safety requirements, structural requirements and site specific requirements.

18. Advice and Specifications

18.1 Any verbal advice, estimate, comment, recommendation or guidance given by Easy Gardens is general guidance only.

18.2 The customer must not treat verbal advice as a technical specification, installation design, structural approval, fire approval, quantity guarantee, performance guarantee or suitability guarantee.

18.3 Easy Gardens is only responsible for a project specific specification where Easy Gardens has expressly issued a written specification stating that the customer may rely on it for that project.

18.4 The customer, installer, contractor, designer, specifier and end user remain responsible for checking suitability, measurements, quantities, installation method, regulatory requirements and site conditions.

19. Installation Guidance

19.1 Easy Gardens’ installation guidance, technical guidance, storage guidance, maintenance guidance and product instructions form part of these Terms.

19.2 The customer is responsible for ensuring that all branches, staff, customers, contractors, installers and end users receive and follow the relevant guidance before handling, storing, cutting or installing the goods.

19.3 Failure to follow Easy Gardens’ installation, storage, handling or maintenance guidance may invalidate any warranty or claim.

19.4 Easy Gardens recommends that the customer supplies the relevant installation guidance to the installer before installation begins.

19.5 The customer must not allow installation to begin until the installer has checked the goods, read the installation guidance and confirmed suitability of the substructure, spacing, fixings, drainage, ventilation and expansion gaps.

20. Installation Responsibility

20.1 Easy Gardens supplies goods only and does not provide installation services unless expressly agreed in writing.

20.2 The customer is responsible for ensuring that all installers, contractors, employees, customers and end users understand and follow the correct installation guidance.

20.3 Goods must be installed in accordance with Easy Gardens’ installation guidance, manufacturer guidance, product instructions and good trade practice.

20.4 The customer, branch, contractor, installer and end user are responsible for checking all installation requirements before work starts, including joist spacing, support, ventilation, drainage, expansion gaps, fixing method, screw type, clip spacing, ground clearance, load requirements, site levels, water run off, substructure condition, building regulations, planning restrictions and site suitability.

20.5 Easy Gardens is not responsible for installation defects, poor workmanship, unsuitable substructures, inadequate drainage, insufficient ventilation, incorrect fixings, incorrect spacing, over tightening, movement caused by incorrect spacing, or failure to follow installation guidance.

20.6 The customer must check all goods before installation.

20.7 Installation, cutting, drilling, fixing or altering goods is treated as confirmation that the customer has inspected the goods and accepted that they are the correct goods, correct colour, correct quantity and visibly free from damage or defect.

20.8 The customer must not install goods that are visibly damaged, incorrect, incomplete, disputed or suspected to be defective.

20.9 If the customer, branch, installer or end user installs goods after an issue should reasonably have been identified, Easy Gardens is not responsible for removing, replacing, refitting or correcting the installation.

21. Expansion, Contraction, Spacing and Movement

21.1 The customer acknowledges that composite decking, cladding and fencing products may naturally expand and contract due to changes in temperature, moisture, weather conditions and normal environmental exposure.

21.2 Expansion and contraction are normal characteristics of composite materials and are not defects.

21.3 The customer, branch, contractor, installer and end user are responsible for allowing for expansion and contraction during installation.

21.4 Goods must be installed with correct spacing, expansion gaps, fixing gaps, joist spacing, ventilation, drainage and movement allowance in accordance with Easy Gardens’ installation guidance, manufacturer guidance and good trade practice.

21.5 Boards must not be installed too tightly together, forced into position, fixed without adequate movement gaps, over tightened, end butted without spacing, installed on incorrect joist spacing, installed on an unsuitable substructure, or installed in a way that restricts natural movement.

21.6 Easy Gardens is not liable for splitting, cracking, bowing, cupping, warping, lifting, buckling, distortion, fixing failure, board failure or surface damage caused or contributed to by incorrect joist spacing, insufficient support, boards installed too close together, insufficient expansion gaps, no end gaps, no perimeter gaps, restricted board movement, over tightened screws or fixings, incorrect clips or fixings, incorrect fixing method, poor ventilation, poor drainage, standing water, unsuitable substructure, uneven frame, timber frame movement, failure to follow installation guidance, poor workmanship or installer error.

21.7 Any product that has split, cracked, bowed, lifted, buckled or failed because it was installed too tightly, installed with incorrect joist spacing, installed without correct expansion gaps, or installed in a way that restricted natural movement will not be treated as faulty.

21.8 For any claim involving splitting, cracking, movement, lifting, buckling, bowing or expansion, the customer must provide photographs and measurements showing joist spacing, end gaps, side gaps, perimeter gaps, fixing type, clip spacing, ventilation, drainage, substructure condition, full installation area and affected boards before removal.

22. Storage, Handling and Maintenance

22.1 The customer is responsible for storing goods correctly after delivery.

22.2 Goods must be stored flat, level, fully supported, secure and protected from damage, staining, contamination, impact, excessive heat, standing water and unsuitable weather exposure.

22.3 Goods must not be stored leaning against walls, unsupported, twisted, bent, partly suspended, in standing water, in mud, against sharp objects, near heat sources, or where they may be damaged by vehicles, forklifts, other goods, tools, cement, chemicals, oil, grease, rust, paint, waste materials or site traffic.

22.4 Packaging is intended for transport and handling only and is not designed for long term outdoor storage.

22.5 Easy Gardens is not liable for damage, warping, marking, staining, bending, twisting, scratching, splitting, fading, water marks, mould, algae or deterioration caused by incorrect storage after delivery.

22.6 The customer and end user are responsible for normal cleaning and maintenance of the goods after delivery and installation.

22.7 Goods must be cleaned and maintained in accordance with Easy Gardens’ maintenance guidance.

22.8 Easy Gardens is not liable for staining, marking, mould, algae, water marks, grease, oil, rust marks, cement marks, paint marks, scratches, fading, surface damage or deterioration caused by poor maintenance, incorrect cleaning, abrasive cleaning, pressure washing damage, chemical cleaners, site contamination, environmental conditions or normal use.

22.9 Failure to maintain the goods properly may invalidate any warranty or claim.

23. Misuse, Abnormal Use and Excluded Causes

23.1 Easy Gardens is not liable for damage, failure or deterioration caused by misuse, abnormal use, impact, dragging, dropping, forklift damage, site handling damage, heavy loads, point loads, unsuitable use, fire, heat, chemicals, solvents, cement, paint, oil, grease, rust, pressure washing damage, abrasive cleaning, sharp objects, vandalism, storm, flood, standing water, poor maintenance, commercial wear and tear or third party damage.

23.2 Easy Gardens is not liable where goods are used for a purpose for which they were not designed or recommended.

23.3 Scratching, staining, marking, water marks, mould, algae, dirt build up, oil marks, grease marks, rust marks, cement marks, tannin marks and general wear caused by use, environment, maintenance, storage, site conditions or third parties are not product defects unless Easy Gardens accepts in writing that they arise from a manufacturing defect.

24. Trade Product Claims Procedure

24.1 This clause applies to Trade Customers, branches, builders merchants, resellers, distributors, contractors and commercial customers.

24.2 Easy Gardens is a product supplier only. Easy Gardens is not responsible for inspecting every installation, diagnosing installer workmanship, managing end customer complaints, attending site, or acting as a first responder for branch customer complaints unless Easy Gardens agrees to do so in writing.

24.3 Before contacting Easy Gardens about any alleged product issue, the Trade Customer must carry out its own reasonable investigation.

24.4 The Trade Customer must check and confirm whether the issue may have been caused by delivery damage, branch handling, forklift handling, yard storage, onward transport, site unloading, incorrect storage, incorrect installation, misuse, abnormal use, unsuitable site conditions, poor substructure, incorrect fixings, insufficient ventilation, poor drainage, lack of expansion gaps, failure to follow installation guidance, or third party damage.

24.5 Easy Gardens will not process any Trade Customer product claim unless the Trade Customer provides the required claim evidence.

24.6 The required claim evidence includes:

Order number
Invoice number
Delivery date
Delivery address
Installation address, if different
Date goods were moved to site
Date of installation
Date the issue was first noticed
Name of installer
Clear photographs of the alleged issue
Clear photographs of the full installation area
Clear photographs of the substructure
Clear photographs showing joist spacing with a tape measure visible
Clear photographs showing fixings, clips and screws used
Clear photographs showing expansion gaps with a tape measure visible
Clear photographs showing ventilation and drainage
Clear photographs showing affected boards before removal
Batch numbers or product labels where available
Confirmation that Easy Gardens’ installation guidance was followed
Confirmation whether goods were inspected at branch before onward movement
Confirmation whether goods were inspected before installation
Confirmation whether goods have been cut, drilled, fixed, removed, altered, repaired or disposed of

24.7 Easy Gardens may reject or pause any claim until the required evidence is provided.

24.8 Easy Gardens is not required to attend site, arrange inspection, provide replacement goods, issue credit, discuss liability or deal with an end customer until the Trade Customer has provided sufficient evidence to show that the issue may be a product defect.

24.9 Easy Gardens may request further information, photographs, video, samples, batch labels, installation measurements or access to inspect the goods before deciding whether a claim is valid.

24.10 The Trade Customer must preserve the goods and installation in their existing condition until Easy Gardens has had a reasonable opportunity to review the claim.

24.11 The Trade Customer must not remove, replace, dispose of, alter or repair the alleged defective goods before Easy Gardens has had a reasonable opportunity to inspect or request evidence.

24.12 If the Trade Customer removes, disposes of, alters, repairs or replaces the goods before Easy Gardens has reviewed the claim, Easy Gardens may reject the claim.

25. Unsupported Claims and Site Visits

25.1 Easy Gardens may refuse to investigate any Trade Customer claim that is not supported by the required evidence.

25.2 Easy Gardens does not offer emergency site attendance unless agreed in writing.

25.3 Any site visit by Easy Gardens must be agreed in advance and is subject to availability.

25.4 Easy Gardens is not responsible for urgent callouts, same day inspections, installer downtime, project delays or end customer pressure.

25.5 Easy Gardens may decide claims based on photographs, measurements, written evidence and installation details without attending site.

25.6 If Easy Gardens attends site and the issue is found not to be caused by a product defect, Easy Gardens may charge the Trade Customer reasonable time, travel, inspection and administration costs.

25.7 If Easy Gardens attends site and the issue is caused by incorrect installation, misuse, branch handling, onward transport, storage, poor substructure, unsuitable site conditions, incorrect fixings, poor drainage, lack of ventilation, failure to follow installation guidance or third party damage, the customer remains responsible for all costs.

25.8 Easy Gardens will not deal directly with the end customer, installer or contractor unless Easy Gardens chooses to do so.

25.9 All claims must be submitted by the customer who purchased the goods from Easy Gardens.

26. Direct Customer Relationship

26.1 Easy Gardens will only process claims from the customer who purchased the goods directly from Easy Gardens.

26.2 Where goods are purchased through a branch, merchant, reseller, contractor or installer, the end customer must raise any issue with the party from whom they purchased the goods.

26.3 Easy Gardens may choose to communicate with an end customer, installer or contractor, but doing so does not create a contract with them or make Easy Gardens responsible for the acts or omissions of the branch, reseller, contractor or installer.

27. No Unauthorised Promises, Debit Notes or Back Charges

27.1 The customer must not promise any replacement, refund, credit, labour payment, site attendance, removal, refitting, compensation or remedial work on behalf of Easy Gardens without Easy Gardens’ prior written agreement.

27.2 Easy Gardens is not liable for any promise, refund, discount, credit, compensation, replacement or goodwill gesture offered by a branch, reseller, contractor or installer to its own customer without Easy Gardens’ prior written agreement.

27.3 The customer must not arrange remedial work, replacement installation, removal, disposal or contractor attendance at Easy Gardens’ cost without Easy Gardens’ prior written agreement.

27.4 Any labour, remedial or compensation cost incurred without Easy Gardens’ written approval is the customer’s responsibility.

27.5 The customer must not issue debit notes, back charges, contra charges, administration deductions, customer compensation deductions, delivery deductions or labour deductions unless Easy Gardens has agreed them in writing.

27.6 No branch, merchant, reseller, installer, contractor, courier, haulier, sales agent, representative or third party has authority to accept liability, approve labour costs, approve back charges, approve debit notes, promise replacement goods, promise site attendance, extend warranties, waive these Terms or vary these Terms on behalf of Easy Gardens unless Easy Gardens confirms this in writing.

27.7 The customer must not tell its own customer, installer or contractor that Easy Gardens will attend site, replace goods, pay labour, pay compensation or accept liability unless Easy Gardens has confirmed this in writing.

28. Labour, Removal and Refitting Costs

28.1 Easy Gardens does not accept liability for labour costs, installer wages, contractor costs, removal costs, refitting costs, disposal costs, access equipment, loss of time, site delay, loss of profit, loss of business, customer compensation or consequential loss arising from damaged, incorrect, defective, misused or incorrectly installed goods, except where Easy Gardens is legally required to do so.

28.2 For Trade Customers, Easy Gardens’ liability for any accepted product claim is limited to one or more of the following at Easy Gardens’ discretion:

Replacement of the affected goods
Repair of the affected goods
Credit for the affected goods
Refund of the price paid for the affected goods

28.3 Easy Gardens will not pay third party labour charges unless Easy Gardens has agreed those charges in writing before the work is carried out.

28.4 Where Easy Gardens agrees to supply replacement goods, this does not mean Easy Gardens accepts liability for installation, removal, refitting, labour or any other associated cost.

29. Goodwill Assistance

29.1 Easy Gardens may, at its discretion, offer replacement goods, credit, discount or other assistance as a gesture of goodwill.

29.2 Any goodwill offer is made without admission of liability.

29.3 Providing replacement goods, credit, discount or assistance does not mean Easy Gardens accepts that the original goods were faulty, damaged at delivery, incorrectly supplied, or that Easy Gardens is responsible for any labour, installation, removal, refitting, transport, customer compensation or consequential costs.

29.4 A goodwill offer on one occasion does not create a course of dealing, waiver or obligation to make the same or similar offer in the future.

30. Warranty

30.1 Goods may be supplied with a limited warranty depending on the product purchased.

30.2 The warranty applies only to the original purchaser unless Easy Gardens confirms otherwise in writing.

30.3 The customer must keep proof of purchase to make a warranty claim.

30.4 The warranty does not cover normal weathering, normal colour change, fading within expected limits, batch variation, minor surface variation, scratches, stains, water marks, dirt, mould, algae, misuse, impact damage, incorrect storage, poor installation, insufficient ventilation, inadequate drainage, incorrect substructure, incorrect fixings, movement caused by poor installation, commercial wear and tear, abnormal load, fire, heat damage, chemical damage, pressure washing damage, storm damage, flood damage, vandalism or accidental damage.

30.5 The warranty does not cover labour, removal, refitting, disposal, access equipment, loss of profit, loss of business, loss of use, delay, contractor costs, installer wages, customer compensation, delivery costs, return costs or consequential losses unless Easy Gardens expressly agrees otherwise in writing.

30.6 Any warranty claim must be made in writing with proof of purchase, photographs, installation details and any other evidence reasonably requested by Easy Gardens.

30.7 Easy Gardens may inspect the goods or request samples before accepting a warranty claim.

30.8 Where a valid warranty claim is accepted, Easy Gardens may choose to repair, replace, supply replacement parts, refund the affected goods, or offer a reasonable contribution, at its discretion and subject to applicable law.

30.9 Any warranty is in addition to Consumer statutory rights and does not replace them.

31. Defective Goods

31.1 The customer must give Easy Gardens a reasonable opportunity to inspect any goods alleged to be defective.

31.2 The customer must not dispose of, alter, repair, replace, install or remove disputed goods without giving Easy Gardens a reasonable opportunity to inspect them.

31.3 If Easy Gardens accepts that goods are defective, Easy Gardens’ liability is limited to repair, replacement, refund of the affected goods, or another remedy required by law.

31.4 Easy Gardens is not liable for defects caused by incorrect installation, misuse, unsuitable site conditions, incorrect storage, third party damage, normal wear and tear, or failure to follow instructions.

32. Returns Process

32.1 No goods may be returned without Easy Gardens’ prior written authorisation.

32.2 Customers must contact Easy Gardens in writing before returning any goods.

32.3 Any return request must include:

Order number
Invoice number
Delivery date
Customer name
Delivery address
Reason for return
Photographs of the goods
Photographs of the packaging
Confirmation that the goods are unused, uninstalled, uncut, undamaged and in resaleable condition

32.4 Easy Gardens may issue a return authorisation number or written return approval. Goods returned without written approval may be refused, returned to the customer at the customer’s cost, or accepted subject to charges at Easy Gardens’ discretion.

32.5 A return authorisation does not mean that Easy Gardens has accepted liability or agreed to issue a full refund or credit.

32.6 No refund or credit will be issued until Easy Gardens has received and inspected the returned goods.

32.7 The customer must include a copy of the order confirmation, sales invoice or return authorisation with the returned goods.

32.8 Goods must be returned to the address specified by Easy Gardens in the return authorisation.

33. Condition of Returned Goods

33.1 Returned goods must be unused, undamaged, uninstalled, uncut, unaltered, clean, complete, securely packaged and in resaleable condition.

33.2 Goods should be returned in their original packaging where possible.

33.3 If original packaging is unavailable, the customer must package the goods securely and suitably to prevent damage in transit.

33.4 Easy Gardens may refuse any return or reduce any refund or credit where goods are dirty, scratched, marked, stained, weathered, faded due to storage or exposure, bent, warped due to storage, cut, drilled, fixed, installed, altered, damaged, incomplete, missing packaging, missing labels, mixed with other batches, not identifiable, or not resaleable as new.

33.5 Decking boards, cladding boards, fencing products, trims, posts, rails and accessories returned dirty, scratched, marked, cut, drilled, installed, altered or damaged will not be accepted for full credit.

33.6 Easy Gardens may reject the return entirely or deduct the loss in value from any refund or credit.

34. Risk During Return Transport

34.1 Risk in returned goods remains with the customer until the goods have been received and inspected by Easy Gardens.

34.2 The customer is responsible for loss, damage or deterioration during return transport.

34.3 If goods are damaged during return transport, Easy Gardens may refuse the return or reduce the refund or credit.

34.4 The customer is responsible for ensuring returned goods are properly packed, protected, strapped, palletised and transported.

35. Trade Customer Returns

35.1 This clause applies to Trade Customers only.

35.2 Trade Customers have no automatic right to return goods unless the goods are faulty, incorrectly supplied by Easy Gardens, or Easy Gardens agrees the return in writing.

35.3 Any Trade Customer return request must be made within 14 calendar days of delivery unless Easy Gardens agrees otherwise in writing.

35.4 No Trade Customer return will be accepted after 14 calendar days from delivery unless Easy Gardens agrees in writing.

35.5 If Easy Gardens agrees to accept a Trade Customer return, the goods must be returned within the period stated in the return authorisation.

35.6 Approved Trade Customer returns are subject to a 30% restocking, inspection, handling and administration charge unless Easy Gardens agrees otherwise in writing.

35.7 The 30% restocking charge applies to returns caused by over ordering, incorrect ordering, duplicate ordering, customer no longer requiring the goods, wrong colour ordered, wrong product ordered, project cancellation, branch cancellation, end customer cancellation, goods ordered before the customer checked suitability, goods ordered before the customer checked measurements, or goods returned because the customer failed to order samples.

35.8 Original outward delivery charges are not refundable to Trade Customers unless Easy Gardens supplied faulty or incorrect goods and accepts responsibility in writing.

35.9 If delivery was offered as free delivery, included delivery or carriage paid, Easy Gardens may deduct the actual outward delivery cost, or Easy Gardens’ standard delivery charge for that order, from any credit or refund where the goods are returned by a Trade Customer.

35.10 The Trade Customer is responsible for all return transport costs unless Easy Gardens supplied faulty or incorrect goods and accepts responsibility in writing.

35.11 If Easy Gardens arranges collection of returned goods, the collection cost will be charged to the Trade Customer or deducted from any credit.

35.12 Failed collection charges, waiting time, storage charges, handling charges, pallet charges and redelivery charges may be charged to the Trade Customer or deducted from any credit.

35.13 Any Trade Customer credit may be issued as account credit rather than a cash refund, at Easy Gardens’ discretion.

35.14 Easy Gardens may refuse credit if returned goods are not in resaleable condition.

36. Non Returnable Trade Goods

36.1 The following goods cannot be returned by Trade Customers unless faulty or incorrectly supplied by Easy Gardens:

Special order goods
Bespoke goods
Made to order goods
Custom cut goods
Custom coloured goods
Personalised goods
Goods ordered in specifically for the customer
Non stock goods
Clearance goods
Discounted goods
Discontinued goods
End of line goods
Ex display goods
Mixed batch goods
Goods no longer stocked by Easy Gardens
Goods that have been cut, drilled, fixed, installed, altered, used or supplied onward

36.2 Easy Gardens does not guarantee future availability of matching goods, replacement goods or additional quantities for clearance, discontinued, end of line, discounted or special order products.

37. Trade Cancellations Before Dispatch

37.1 Trade Customer orders cannot be cancelled without Easy Gardens’ written agreement.

37.2 If Easy Gardens agrees to cancel a Trade Customer order before dispatch, Easy Gardens may deduct or charge any costs already incurred, including supplier charges, manufacturing charges, special order costs, administration costs, payment processing costs, picking costs, packaging costs, pallet costs, storage costs, transport booking charges and any loss caused by the cancellation.

37.3 Special order goods cannot be cancelled once ordered, manufactured, cut, allocated, imported, picked, packed or dispatched unless Easy Gardens agrees in writing.

38. Trade Cancellations After Dispatch or While in Transit

38.1 Once goods have been picked, packed, palletised, collected by a carrier, loaded, dispatched, booked for delivery, left Easy Gardens’ premises, left a supplier’s premises, or entered the transport network, a Trade Customer may not cancel the order without Easy Gardens’ written agreement.

38.2 If Easy Gardens agrees to cancel an order after dispatch or while goods are in transit, the Trade Customer is responsible for all costs incurred by Easy Gardens, including original outward delivery charges, carrier cancellation charges, haulier abort charges, return transport charges, rerouting charges, failed delivery charges, waiting time, pallet charges, storage charges, handling charges, administration charges, payment processing charges, supplier charges, restocking charges, and any loss in value or damage occurring during return transport.

38.3 Unless Easy Gardens agrees otherwise in writing, any Trade Customer cancellation after dispatch is also subject to a 30% restocking, inspection, handling and administration charge.

38.4 If a Trade Customer refuses delivery without a valid reason accepted by Easy Gardens in writing, the refusal will be treated as a cancellation after dispatch.

38.5 Easy Gardens may deduct all costs, charges and losses from any refund or credit due.

38.6 If the costs exceed the amount paid by the Trade Customer, the Trade Customer must pay the balance to Easy Gardens on demand.

39. Refused Deliveries

39.1 If a Trade Customer refuses delivery without Easy Gardens’ prior written agreement or without a valid fault or incorrect supply accepted by Easy Gardens, the Trade Customer remains responsible for all delivery, return, storage, handling, failed delivery, administration and restocking costs.

39.2 Refused delivery after dispatch does not cancel the customer’s obligation to pay any costs already incurred by Easy Gardens.

39.3 If goods are refused and returned damaged, marked, weathered, incomplete or not resaleable, Easy Gardens may deduct the loss in value from any refund or credit or may refuse credit entirely.

40. Consumer Cancellations and Returns

40.1 This clause applies to Consumers only.

40.2 Where a Consumer buys goods online, by phone, by email or otherwise at a distance, the Consumer may have a legal right to cancel the order within 14 days after receiving the goods, unless an exception applies.

40.3 The Consumer then has a further 14 days to return the goods after telling Easy Gardens that they wish to cancel.

40.4 Easy Gardens will refund the Consumer within the period required by law.

40.5 Easy Gardens will refund the standard outward delivery charge where required by law. If the Consumer chose a more expensive delivery option, Easy Gardens only needs to refund the cost of the standard delivery option.

40.6 Easy Gardens will not charge a restocking fee where a Consumer exercises a statutory cancellation right.

40.7 Easy Gardens may deduct an amount for loss in value if the Consumer has handled the goods beyond what is necessary to establish their nature, characteristics and functioning.

40.8 Consumers must not install, cut, drill, fix, alter, damage, stain, mark, weather, contaminate or use goods beyond what is necessary to inspect them if they wish to cancel.

40.9 If goods have been installed, cut, drilled, fixed, altered, damaged, stained, marked, weathered, contaminated or used beyond necessary inspection, Easy Gardens may deduct the reduction in value, which may be up to the full price of the goods depending on condition.

40.10 Unless the goods are faulty, damaged on delivery or incorrectly supplied by Easy Gardens, the Consumer is responsible for the direct cost of returning the goods, provided Easy Gardens has informed the Consumer of this before the contract.

40.11 Where goods are large, heavy, bulky, palletised or not suitable for normal postal return, Easy Gardens may provide an estimated return collection cost before the contract or on request.

40.12 The right to cancel does not normally apply to goods that are made to the Consumer’s specification or clearly personalised, including bespoke, made to measure, custom cut or special order goods.

40.13 Nothing in this clause affects Consumer statutory rights where goods are faulty, not as described or not of satisfactory quality.

41. Consumer Faults, Damage and Incorrect Goods

41.1 Consumers should inspect goods as soon as reasonably possible after delivery and notify Easy Gardens promptly of any damage, fault, shortage, incorrect item or colour issue.

41.2 Nothing in these Terms limits or removes a Consumer’s statutory rights.

41.3 If goods supplied to a Consumer are faulty, damaged on delivery, not as described or not of satisfactory quality, Easy Gardens will deal with the matter in accordance with applicable consumer law.

41.4 Consumers must not install, cut, alter or use goods after discovering an issue, as this may affect the available remedy.

41.5 If a Consumer buys goods in person and later changes their mind because they no longer like the colour, Easy Gardens is not obliged to accept a return unless Easy Gardens agrees otherwise or the goods are faulty, not as described or statutory rights apply.

42. Faulty or Incorrectly Supplied Goods

42.1 If the customer believes goods are faulty or incorrectly supplied, the customer must notify Easy Gardens in writing as soon as possible.

42.2 The customer must provide the order number, invoice number, delivery date, photographs of the goods, photographs of the packaging, photographs of product labels and batch labels where available, description of the issue, and confirmation whether the goods have been moved, used, cut, drilled, fixed, installed, altered, resold or supplied onward.

42.3 The customer must give Easy Gardens a reasonable opportunity to inspect the goods.

42.4 The customer must not dispose of, alter, repair, replace, install, remove or return alleged faulty goods without giving Easy Gardens a reasonable opportunity to inspect or request evidence.

42.5 Easy Gardens may withhold any remedy, refund, replacement or credit until the goods have been inspected or sufficient evidence has been provided.

42.6 If Easy Gardens accepts that goods are faulty or incorrectly supplied, Easy Gardens may provide a remedy required by law or, for Trade Customers, may choose one or more of the following:

Repair
Replacement of the affected goods
Supply of replacement parts
Credit for the affected goods
Refund of the price paid for the affected goods

42.7 Easy Gardens is not liable for faults, damage or failure caused by incorrect installation, misuse, incorrect storage, poor handling, branch handling, onward transport, site handling, unsuitable substructure, lack of ventilation, lack of drainage, incorrect fixings, insufficient expansion gaps, insufficient joist spacing, normal weathering, normal wear and tear, third party damage or failure to follow installation guidance.

42.8 For Trade Customers, Easy Gardens will not pay labour, removal, refitting, installer wages, contractor costs, access equipment, site delay, customer compensation, debit notes, back charges or consequential losses unless Easy Gardens agreed those costs in writing before they were incurred.

42.9 Nothing in this clause affects Consumer statutory rights.

43. Substitute Products

43.1 If a product is unavailable, Easy Gardens may contact the customer to offer an alternative, delay supply, cancel the affected part of the order or issue a refund for the affected goods.

43.2 Easy Gardens will not supply substitute goods without the customer’s approval.

43.3 If the customer accepts substitute goods, the customer is responsible for checking their suitability before installation, resale, onward supply or use.

44. Clearance, Discounted and End of Line Goods

44.1 Clearance, discounted, end of line, discontinued, mixed batch, ex display, special offer or reduced goods are sold subject to availability and may have greater variation in colour, finish, packaging, batch, profile or condition.

44.2 Such goods are not returnable for Trade Customers unless faulty or incorrectly supplied by Easy Gardens.

44.3 The customer must inspect clearance, discounted, end of line, discontinued, mixed batch and ex display goods before use, resale or installation.

44.4 Easy Gardens does not guarantee future availability of matching goods, replacement goods or additional quantities for clearance, discounted, discontinued or end of line products.

45. Collections

45.1 Where the customer collects goods from Easy Gardens or from a supplier, warehouse, branch or depot, the customer must inspect the goods before loading.

45.2 Risk passes when the goods are loaded onto the customer’s vehicle or collected by the customer’s carrier.

45.3 Easy Gardens is not responsible for damage caused during customer collection, customer loading, onward transport, unloading, site handling or storage.

45.4 If a customer arranges its own carrier, courier, haulier, branch transfer or site delivery, that carrier acts for the customer and not for Easy Gardens.

46. Pallets, Packaging and Waste

46.1 Goods may be supplied on pallets, in packs, loose, wrapped, strapped or bundled.

46.2 Packaging is intended for transport and handling only. It is not designed for long term outdoor storage.

46.3 The customer is responsible for safely disposing of pallets, straps, wrapping, packaging and waste materials after delivery unless Easy Gardens agrees otherwise in writing.

46.4 If the customer requires special unloading arrangements, this must be agreed before dispatch.

46.5 Easy Gardens is not liable for damage caused by customer unloading, forklift handling, lifting equipment, branch handling, pallet movement, reloading or manual handling after delivery.

46.6 The customer must not claim that packaging deterioration after delivery is product damage unless the goods themselves were damaged when delivered and the claim was reported within the applicable time limit.

47. Product Changes and Availability

47.1 Easy Gardens may change product specifications, colours, dimensions, profiles, packaging, suppliers, factories or product ranges from time to time.

47.2 Goods may be discontinued or unavailable without notice.

47.3 Easy Gardens is not liable for loss caused by stock shortages, discontinued goods, supplier changes, factory changes or batch unavailability.

47.4 If goods are unavailable, Easy Gardens may offer alternatives, delay supply, cancel the order or refund the affected goods.

47.5 The customer is responsible for checking that any repeat order matches previous orders before installation.

48. Partial Deliveries and Supply Shortages

48.1 Easy Gardens may deliver goods in instalments or partial deliveries.

48.2 Delay or failure in one delivery does not entitle the customer to cancel the whole order unless Easy Gardens agrees in writing or the customer has a legal right to cancel.

48.3 Easy Gardens is not liable for project delay, labour downtime, installer charges or consequential loss caused by partial delivery, supplier delay, stock shortage or transport delay.

48.4 If goods become unavailable, Easy Gardens may offer an alternative, delay delivery, cancel the affected part of the order or refund the affected goods.

49. Product Safety and Traceability

49.1 The customer must retain product labels, batch details, delivery records and order information for goods supplied by Easy Gardens.

49.2 The customer must promptly notify Easy Gardens in writing if it becomes aware of any actual or suspected product safety issue, accident, injury, structural failure, fire issue, regulatory issue, recall issue or serious product complaint involving goods supplied by Easy Gardens.

49.3 The customer must not continue to sell, install, use or supply onward any goods that are subject to a safety notice, recall notice, stop sale notice or suspected safety issue.

49.4 The customer must cooperate with Easy Gardens in relation to any product safety investigation, product warning, corrective action, recall, withdrawal, customer notice or regulatory enquiry.

49.5 Where goods have been supplied onward by a Trade Customer, the Trade Customer is responsible for identifying and contacting its own customers, branches, installers, contractors and end users where reasonably required for any safety notice, recall or product investigation.

49.6 Easy Gardens is not liable for any loss caused or increased by the customer’s failure to keep traceability records, follow a safety notice, stop sale of affected goods, cooperate with a recall, or notify Easy Gardens promptly of a suspected safety issue.

50. Export, Northern Ireland and Overseas Supply

50.1 Goods are supplied for use and resale in Great Britain only unless Easy Gardens expressly agrees otherwise in writing.

50.2 The customer must not export, resell or supply goods into Northern Ireland, the Republic of Ireland, the European Union or any other overseas market without checking and complying with all applicable product safety, labelling, construction product, import, export, tax, customs and regulatory requirements.

50.3 Where a customer exports, resells or supplies goods outside Great Britain without Easy Gardens’ written agreement, the customer is responsible for all legal, regulatory, customs, tax, labelling, product safety and compliance obligations arising from that onward supply.

50.4 Easy Gardens is not liable for losses, penalties, rejected goods, customs issues, regulatory issues, relabelling costs or compliance costs arising from unauthorised export or onward supply outside Great Britain.

51. Website and Marketing Information

51.1 Easy Gardens takes reasonable care to ensure website and product information is accurate.

51.2 Errors, omissions and changes may occur.

51.3 Website images, drawings, dimensions, installation examples, descriptions, guides and marketing materials are guidance only unless expressly confirmed in writing.

51.4 Customers must check final product suitability before ordering and installation.

52. Trade Accounts and Credit

52.1 Easy Gardens may open, refuse, suspend or close a trade account at its discretion.

52.2 Credit terms may be withdrawn or reduced at any time.

52.3 Easy Gardens may require payment upfront where invoices are overdue, credit limits are exceeded, or account risk changes.

52.4 The customer must notify Easy Gardens promptly of any change in business details, ownership, trading status, address, contact details or financial position.

53. Insolvency and Recovery of Goods

53.1 If the customer becomes insolvent, enters administration, liquidation, bankruptcy, receivership, arrangement with creditors, stops trading, or Easy Gardens reasonably believes payment is at risk, Easy Gardens may cancel orders, suspend supply, demand immediate payment and recover unpaid goods.

53.2 The customer grants Easy Gardens permission to enter any premises where unpaid goods are stored to recover them, subject to lawful access and reasonable notice where required.

54. Disputed Amounts

54.1 The customer must pay all undisputed amounts by the due date.

54.2 A claim relating to part of an order does not entitle the customer to withhold payment for the whole order, other orders, other invoices or unrelated goods.

54.3 Trade Customers must not set off, deduct, contra charge, issue debit notes or withhold payment unless Easy Gardens agrees in writing.

55. Customer Records

55.1 The customer must keep order confirmations, invoices, delivery notes, batch labels, product labels, photographs, installation details and maintenance records for a reasonable period after supply.

55.2 Easy Gardens may reject or limit any claim where the customer cannot provide reasonable records to identify the goods, batch, delivery date, installation date, installer, site conditions or handling history.

56. Force Majeure

56.1 Easy Gardens is not liable for delay or failure caused by events outside its reasonable control.

56.2 This includes supplier delay, factory delay, shipping delay, port delay, customs delay, transport disruption, extreme weather, labour shortage, industrial action, fire, flood, accident, pandemic, government restriction, material shortage, power failure, IT failure, website failure or system failure.

57. Intellectual Property

57.1 All website content, images, logos, product content, text, graphics, installation guides, technical guides and marketing materials belong to Easy Gardens or its licensors.

57.2 Customers must not copy, reproduce, distribute, modify or use Easy Gardens materials without written permission.

58. Data Protection

58.1 Easy Gardens will process customer personal data in accordance with its Privacy Policy.

58.2 Customers must ensure any personal data they provide to Easy Gardens is accurate and provided lawfully.

59. Limitation of Liability

59.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot legally be excluded or limited.

59.2 For Trade Customers, Easy Gardens is not liable for loss of profit, loss of sales, loss of business, business interruption, loss of goodwill, loss of contract, loss of opportunity, project delay, labour costs, removal costs, refitting costs, disposal costs, contractor costs, installer wages, customer compensation, debit notes, back charges, consequential loss or indirect loss.

59.3 For Trade Customers, Easy Gardens’ total liability is limited to the price paid for the affected goods.

59.4 For Consumers, Easy Gardens does not exclude or limit liability where it would be unlawful to do so.

59.5 The limitations in these Terms are intended to allocate commercial risk fairly, taking into account the nature of the goods, the price paid, the customer’s responsibility for handling and installation, and the fact that Easy Gardens does not control branch handling, onward transport, site storage, installation or end customer use.

60. Trade Customer Indemnity

60.1 The Trade Customer must indemnify Easy Gardens against any claim, loss, cost, liability, expense or demand arising from or connected with incorrect installation by the Trade Customer, its installer or its customer, misuse of the goods, incorrect storage or handling after delivery, onward transport after delivery, unauthorised promises made by the Trade Customer to its customer, labour, removal, refitting or compensation offered without Easy Gardens’ written approval, customer complaints caused by the Trade Customer’s acts or omissions, failure by the Trade Customer to pass on installation, storage, handling or warranty guidance, resale, export or onward supply of goods outside the agreed territory, or any failure by the Trade Customer to comply with these Terms.

60.2 This indemnity applies only to the extent the claim, loss, cost, liability, expense or demand is caused or increased by the Trade Customer’s act, omission, breach, negligence, customer relationship, onward supply, storage, handling, transport or installation.

61. Notices and Claims

61.1 Any notice or claim under these Terms must be made in writing.

61.2 Email is acceptable unless Easy Gardens requires another method.

61.3 Verbal complaints, telephone comments, text messages, installer opinions, customer comments or branch assumptions are not sufficient to establish a claim.

61.4 Easy Gardens may require claims to be submitted using a claim form or evidence checklist.

62. Entire Agreement

62.1 These Terms, together with the accepted quotation, order confirmation, invoice and any written documents expressly incorporated by Easy Gardens, form the entire agreement between Easy Gardens and the customer.

62.2 The customer confirms that it has not relied on any statement, promise, representation, assurance or warranty not set out in the contract, except where such exclusion would be unlawful.

63. Waiver

63.1 If Easy Gardens does not enforce any right immediately, this does not mean Easy Gardens has waived that right.

63.2 Any waiver must be in writing.

63.3 A goodwill gesture, replacement, credit, return approval, late claim review or site visit does not waive Easy Gardens’ rights under these Terms.

64. Severance

64.1 If any part of these Terms is found to be invalid, unlawful or unenforceable, the remaining parts will continue in force.

64.2 Any invalid, unlawful or unenforceable provision will be treated as modified to the minimum extent necessary to make it valid, lawful and enforceable where possible.

65. Third Party Rights

65.1 No person other than Easy Gardens and the customer has any right to enforce these Terms unless Easy Gardens agrees otherwise in writing.

66. Assignment

66.1 The customer must not assign, transfer or subcontract its rights or obligations under the contract without Easy Gardens’ written consent.

66.2 Easy Gardens may assign or transfer its rights and obligations where this does not materially prejudice the customer’s rights.

67. Governing Law and Jurisdiction

67.1 These Terms are governed by the laws of England and Wales.

67.2 The courts of England and Wales have jurisdiction unless Consumer law gives a Consumer the right to bring a claim elsewhere in the United Kingdom.