Terms and conditions of sale/supply/contracted work


In these conditions of sale the following terms shall have the following meanings:-

“Three Counties” means Three Counties Garden and Leisure Buildings Ltd

“Work” is any work which is stated or referred to overleaf, including groundwork and construction of bases, patio areas, pathways etc or the erection or construction of fencing, walling and building(s) purchased through Three Counties or the part or parts thereof described overleaf including all items incidental or ancillary thereto as specified.

“Contract” means any agreement incorporating theses terms and conditions and includes any Document lawfully by these terms and conditions referred or attached to it.

“Customer” is the person or persons, firm or company who has agreed to make the purchase or have goods supplied.

“Goods” includes any physical material (including buildings) supplied to the Customer by this Contract.

“Site Preparation” is the preparation of the area to place the building(s) to provide a level, flat, even base, of suitable strength and durability adequate to support the building.

“Installation” is the work necessary, as deemed by the manufacturers of the building, to install the building upon a suitable site.

“Specified Service” means the service to be provided by Three Counties for the customer.

“Document” includes, in addition to a document in Writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form.

“Input Material” means any Documents or other materials, and any data or other information provided by the Customer   relating to the Specified Service;

Formation of the contract

  • The order contained or referred to overleaf constitutes an offer by the Customer to enter into a contract upon these conditions of sale. Acceptance occurs and a contract is formed only when Three Counties or the manufacturer stated overleaf acknowledges and confirms the order in writing or gives or sends to the customer a receipt for any deposit paid by or on behalf of the Customer.
  • No variations of this Contract shall apply unless confirmed in writing from Three Counties’ head office, signed by a director. No person other than a director of Three Counties has the authority to agree verbally any variation of these terms.
  • To incorporate a quotation from Three Counties, any Customer’s order must state the date and reference of the quotation. To the extent there is any conflict between the Contract and the content of any quotation, the Contract supersedes the quotation.
  • Three Counties may change these terms of sale without notice to you in relation to future sales.
  • This Contract contains the entire agreement between the parties with respect to its subject matter, supersedes all previous agreements and understandings between the parties, and may not be modified except in accordance with clause 3 above.

Payment Terms

  • Subject to the terms of this clause and any agreed deposit having been paid to Three Counties, any payment due to Three Counties is payable within 7 days of completion of  work or in the case of goods supplied, not less than 7 days prior to delivery or alternatively to the driver on delivery if Three Counties has agreed. Failure to pay on time may delay delivery or incur a late settlement fee of £25.00.  Where Three Counties is obtaining specialised materials for the Customer or the work includes specialised building manufactures, Three Counties reserves the right to require full payment to be made prior to commencement of any work or supply of any material. Where stage payments are required overleaf (including any base or formulation work) payment shall be within 7 days of completion of that stage.
  • Responsibility for all materials and Work shall pass to the Customer on delivery to the address designated overleaf. The Customer’s liability to Three Counties for the price will not be affected by any subsequent loss or damage.  Until Three Counties has been paid in full for the Work or Goods they shall remain the property of Three Counties, even though the risk will have passed to the Customer and such Work or Goods shall not be treated as payment having been rendered.  In the event of default by the customer, Three Counties shall be entitled forthwith to re-enter and or repossess any building(s) of the Customer and any goods which remain the property of Three Counties may be removed by Three Counties and the Customer hereby gives licence to Three Counties and shall allow access and entitlement to enter upon any premises where the goods may be for the purpose of such repossession.
  • The Customer shall only be at liberty to sell or resell the goods and or materials purchased from Three Counties prior to the passing of the title on the condition that it will hold in trust for Three Counties enough of the proceeds of the sale to discharge any payment due to Three Counties in full.
  • Three Counties shall not be obliged to arrange or commence delivery or installation or other work until stage payment due under this Contract has been paid for in full.
  • The Customer shall not be entitled to withhold payment of any amount payable to Three Counties by reason of any dispute or claim by the Customer and in the case of any short delivery, delivery of damaged goods or unfinished portions of work. The Customer shall remain liable to pay the full invoice price for all other goods delivered and work completed to that point.
  • Three Counties reserves the right at any time at its discretion to demand security for payment before continuing with work.
  • Unless otherwise agreed in writing, Three Counties prices only cover work on normal working days and normal working hours. All work done at the Customer’s request on Bank Holidays, weekends and outside Three Counties hours of business will be subject to extra charges.
  • Subject to any agreed special terms, the Customer shall pay Three Counties sums which are agreed between Three Counties and the Customer for the provision of the Specified Service or which, in Three Counties sole discretion, are required as a result of the Customer’s instructions or lack of instructions of any Input Material or any other cause attributable to the customer.
  • Three Counties will only supply invoices to the Customer (duly receipted if payment has already been received) in accordance with the Value Added Tax regulations. All prices quoted are net of Value Added Tax which will be additionally payable by the Customer.


  • All dates and periods of time given or specified by Three Counties in quotations, in contracts or verbally are business estimates only and although Three Counties will use its best endeavours to adhere to any dates or periods of time given, shall not be liable in any way whatsoever for any direct or consequential loss which may result in the delay in the delivery or installation of any work.
  • Three Counties cannot be held responsible for any delays caused by force majeure, non exhaustive illustrations of such would be act of god, war, riot, explosion, adverse weather conditions, fire, flood, strikes, lockouts, government actions or regulations, civil commotion, delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities or by any other cause beyond the control of Three Counties and such a delay shall not be a basis for cancellation of the order where Three Counties has given to the Customer verbal written notice of the relevant fact as soon as reasonably practicable after discovering it.
  • Where the Customer requires a delay in the immediate processing of an order, Three Counties reserves the right to vary the price accordingly on Notice to the Customer.

Carrying out the work

  • Whilst Three Counties will exercise due skill and care in carrying out any work, the following conditions 20-25 will apply.
  • The Customer may need to obtain planning permission or building regulations before any building(s) or building work can be installed. Three Counties will be happy to help with any applications, however it is the responsibility of the Customer to ensure that all permissions, approvals and other consents are obtained for the work and the Customer will keep Three Counties indemnified against all liability costs and expenses to date which may arise in the event of the work carried out without any necessary permission approval or consent.
  • If in the process of performing the Work Three Counties discovers on site problems which could not reasonably have been foreseen or discovered at the time the Contract was formed (including but not limited to the presence of running water, unsuitable sub-satra, cables or pipes), Three Counties may increase the prices stated overleaf.  These prices will be in accordance with the altered circumstance, and will be agreed in writing with the Customer prior to continuation of work. Upon agreeing the increased prices, the Customer shall be bound to pay them in addition to the prices on the Contract and shall remain fully bound by the terms of the Contract.  If the Customer does not agree the additions, Three Counties may cancel the Contract forthwith and may charge the Customer for work done and expenses reasonably incurred prior to cancellation.  Except as aforesaid, the Customer shall be entitled, without interest to return of all payments made to Three Counties prior to such cancellation.
  • Where Three Counties is undertaking the erection of any construction on the Customers’ pre prepared base, the Customer is responsible to ensure that the base area and or foundations is complete and properly constructed to give a level area or foundation of suitable size and sufficient to suit local ground conditions and construction wok. If on the arrival of Three Counties, or their manufacturer’s installers, employees and agents, the base area and or foundation prove to be unsuitable, Three Counties or their manufacturers will be entitled to charge the Customer for the labour of two men plus travelling expenses as an aborted call, or the price of putting the base/foundations work right, where this has been agreed with Three Counties’ head office staff prior to commencement.
  • The Customer shall notify Three Counties if there are any difficulties regarding access from the public highway to the area where the work is to be carried out and upon such notification Three Counties reserves the right to make an additional delivery charge. A charge for wasted time will be made if the access is not suitable.
  • For installation work purposes, the Customer hereby agrees to give access during normal working hours and free use of electricity and water. The Customer further agrees to be responsible for providing a clear working area including the moving of any shrubs, plants, trees, telephone, TV and electrical cables as necessary unless agreed overleaf.
  • Three Counties may sub contract whole or part of the work without prior notice to the Customer.

The Work

  • Three Counties reserves the right to make minor alterations to the specification of contracted work without notice.
  • Illustrations, quotations, photographs, descriptions, information and statements contained in brochures or literature passed to the Customer by Three Counties are intended only as a general guide and do not form part of the Contract, nor do the same constitute any representation by or on behalf of Three Counties.
  • The Customer shall inspect the Work upon completion when signing for the work. If full inspection is not possible, the completion note must be marked “not inspected” by the Customer who shall notify Three Counties in writing within 7 days of receipt of final invoice any complaint that the work is incomplete and or unsatisfactory. Failing such written notification, the customer shall be deemed to have fully accepted the work as finalised.

Warranties and Liabilities

  • The Work and any goods are warranted free from any defects when supplied by Three Counties or its manufacturers (including any site preparation and installation carried out by Three Counties) for a period of 1 year from the delivery. Upon written notification and proof of any such defect within the said period, Three Counties shall supply replacement parts, materials and or labour in order to remedy these defects. The benefit of this warranty shall pass on to any subsequent purchaser of the Goods stated overleaf where these constitute a building(s) or building work.  This warranty is in addition to any guarantee made by the manufacturers and the Customer’s standard statutory rights.

(a)The above warranty is given by Three Counties subject to the following conditions:

  • Three Counties shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer;
  • Three Counties shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage or negligence of the Goods.
  • Three Counties shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods or Work has not been paid by the due date for payment;
  • The above warranty does not extend to parts, materials or equipment not manufactured by Three Counties, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Customer.
  • Subject as expressly provided in these terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
  • Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these terms.
  • A claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to Three Counties within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Customer does not notify Three Counties accordingly, the Customer shall not be entitled to reject the Goods and Three Counties shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
  • Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to Three Counties in accordance with these terms, Three Counties may replace the Goods (or the part in question) free of charge or, at Three Counties’ sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), in which case the Three Counties shall have no further liability to the Customer.
  • Except in respect of death or personal injury caused by Three Counties’ negligence, or liability for defective products under the Consumer Protection Act 1987, Three Counties shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Three Counties, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Customer, and the entire liability of Three Counties under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these terms.
  • Three Counties shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Three Counties’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond Three Counties’ reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond Three Counties’ reasonable control:
  • Act of God, explosion, flood, tempest, fire or accident;
    • war or threat of war, sabotage, insurrection, civil disturbance or requisition;
    • acts, restrictions, regulations, bye‑laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
    • import or export regulations or embargoes;
    • strikes, lock‑outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
    • difficulties in obtaining raw materials, labour, fuel, parts or machinery;
    • power failure or breakdown in machinery.
  • No guarantee will be given if misuse of the Work is suspected, if the Customer constructed base of the building is to be seen as the cause of the problem, or if exposure to excess water or heat damage than that which occur naturally.
  • No guarantee, warranty or other representation is given by Three Counties concerning the incidence, prevention or elimination of condensation, or damage to the work as a result of water contamination in excess of that of natural weathering upon the building(s).
  • No responsibility is accepted for shrinkage of timber which occurs notwithstanding the timber conforming to that specified or abnormal shrinkage as a result of excessive or rapid overheating.
  • Three Counties (as contractor) shall have no liability to the customer for loss of profit or any indirect, special or consequential loss of the customer arising out of or in connection with the provision of any goods or services or any delay in providing or failure to provide any goods or services pursuant to this agreement (except in respect of death or personal injury resulting from negligence) and the total liability of Three Counties for any other loss of the customer so arising in any year of this agreement in respect of any one event or series of connected events shall not exceed the charges payable by the customer.


  • Cancellations of orders are only accepted in writing
  • Reimbursing of deposits paid will only occur 7 days prior to delivery of Goods or before commencement of Work. A cancellation charge of 2% of deposit will be made to cover administration costs. If production has commenced, the customer shall indemnify the company fully against all expenses incurred up to the time of such cancellation.

Liability as Agent

  • Where Three Counties acts as agent to any contractor for the purposes of Works being carried out or Goods being delivered, Three Counties will not be held liable for losses of any kind caused by the contractors whether direct, indirect or consequential.


42)Three Counties may terminate the Contract at any time by giving not less than seven days notice to the Customer

43) Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

44)Promptly upon termination of the Contract Three Counties shall deliver to the Customer an invoice in respect of any Work provided prior to such termination calculated on a time and materials basis accompanied by a refund of any monies paid by the Customer to Three Counties in accordance with Clause 6 above in excess of the amount of the invoice.


  • Any provision in these conditions which in any way now or subsequently contravenes the law subsisting in the United Kingdom shall be deemed severable and shall not affect any other provision herein.
  • The Contract shall be governed by and constructed in accordance with English law and all disputes arising in connection with the Contract shall be submitted to the jurisdiction of the English Courts.


  • The Headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.