NEW FORM LANDSCAPES T/A THE OUTDOOR KITCHEN COLLECTIVE

TERMS AND CONDITIONS OF SALE –

CONSUMER The following important terms and conditions apply to this contract. Please read them carefully before placing your order. Note: these terms apply to contracts made with private individuals not businesses.

Please note our Cancellation and Returns policy at (9)

1.Definitions In this contract: • ‘Goods’ includes goods supplied and/or supplied and installed. • ‘TOKC’, ‘We’, ‘us’ or ‘our’ means New Form Landscapes Ltd T/A THE OUTDOOR KITCHEN COLLECTIVE. • ‘Customer’, ‘You’ or ‘your’ means the person buying Goods from us • ‘Order Confirmation’ is the email or letter or proforma invoice sent to you confirming our acceptance of the order and the details the order is based on, together with any additional information you may need. • ‘Proposal’ is the Proposal documents sent to you by us giving details of the proposed Goods we will supply and/or install. Where there has been more than one proposal sent to you the proposal number will be quoted in the order confirmation, or invoice or a copy will be provided.

2. Who are we? • New Form Landscapes Ltd T/A The Outdoor Kitchen Collective is a company registered in England and Wales with registered number 08299735 • Registered office is at Coleman Croft, Woodcock Hill, St Albans, Hertfordshire, England, AL4 9HJ; incorporated on the 20th November 2012 • e-mail: sales@theoutdoorkitchencollective.co.uk or telephone 01727 743 712 • We are normally open Tuesday to Saturday from 8 am to 5 pm. • The Outdoor Kitchen Collective is a trading name of New Form Landscapes Ltd • Our VAT number is: GB 152358221 • Our website is at: www.theoutdoorkitchencollective.co.uk • Email sales@theoutdoorkitchencollective.co.uk

3. Introduction 3.1 If you buy Goods from us you agree to be legally bound by this contract and these terms. 3.2 When buying any Goods you also agree to be legally bound by: 3.2.1 Details and specific terms which apply to your order that are set out in the Proposal 3.2.2 Other details that have been agreed and are confirmed in writing in the Order Confirmation. 3.2.3 Requirements for safety including those in the Safety Instructions 3.2.4 Our Privacy Policy at https://theoutdoorkitchencollective.co.uk/privacy-policy 3.2.5 These documents form part of this contract as though set out in full here.

4. Information we give you 4.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way. Typically, we will do this in a written Proposal before you buy the Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as the company and contact details above, details of our warranty contact information in clause 12 and our cancellation and returns policy in clause 9. 4.2 The key information we give you by law forms part of this contract (as though it is set out in full here). 4.3 Once the contract is made, we will only change any key information if you agree to it. Any changes to the key information will be confirmed in writing or by e-mail. 4.4 Any lead time quoted or suggested will start from final sign off of the factory drawings or in the case of Renson, placing the order with them. The lead time does not start from receipt of the deposit. All lead times quoted or implied are to be seen as estimates and are not binding in any way. Whilst we will do everything to help, please do not book any parties based on an estimated lead time as there are many aspects to delivering complex projects, some of which are not totally within our control and we would not like to be responsible for letting you or your guests down. Once the concept and proposal drawings are accepted, and the deposit invoice is paid we will, if necessary, produce construction and control drawings of your project, These will be sent to you for final sign off and need to be returned to us. Once these are agreed, signed and sent back to the factory no further changes to the design will be accepted without further cost.

5. Your privacy and personal information 5.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a complaint or query about the use of your personal information. 5.2 Our Privacy Policy is available at https://theoutdoorkitchencollective.co.uk/privacy-policy

6. Ordering Goods from us Below, we have set out for your information how a legally binding contract between you and us is made: 6.1 The Proposal or any other information or quotation given to you by us or provided online before you make an order for Goods is not a binding offer by us to supply such Goods. 6.2 When you decide to place an order for Goods with us, this is when you offer to buy such Goods from us. 6.3 When you place your order with us, we will carefully check the details and will normally issue an Order Confirmation promptly by e-mail or post. If we have any queries or in the unlikely event of any changes being needed (for example if we need to change any details regarding products or installation dates) we will contact you as soon as possible by telephone or email. Once we have confirmed that you are happy we will send you an Order Confirmation/deposit invoice which includes these details. 6.4 The contract is binding once the Order Confirmation/deposit invoice is sent out and we will start the detailed design and production of the Goods ready to deliver and/or install them for you. See clause 9 for the cancellation policy.

7. Delivery and Installation The time(s) and date(s) for delivery, and for installation where applicable, will be arranged with you by phone/e-mail within the period shown on the Proposal and Order Confirmation. (Please refer to 4.4 regarding lead times.) We are unable to supply Propane gas bottles and it is the customer’s responsibility to supply this and ensure it is on site at the point of installation. If this is not available at the point of installation then the BBQ/gas equipment cannot be tested and the responsibility for ensuring the product works and is commissioned correctly passes to the customer, or a return visit will be chargeable. 7.2 If you have any questions, please contact us using the details shown above. 7.3 If anything should happen which is outside of our control, and affects the estimated date of delivery and installation we will let you know as soon as possible and rearrange this with you and confirm it by email. 7.4 Delivery of the Goods will take place when we deliver them to the address that you gave to us, and if we are installing the Goods for you the order will be regarded as completed as soon as the installation has been satisfactorily finished and a completion form signed by a responsible person, and the installation manager on the day. Once you have signed our completion form all outstanding completion payments or retentions must be paid immediately. We will require a responsible person to be available at the completion of the installation, or delivery, to inspect the work and product and to sign that this has been completed satisfactorily. If no one is available to sign for the completion of the works or delivery at the point of completion/delivery, we will need to leave site and it will be assumed that the installation/delivery has been completed to the correct and satisfactory standard and any further site visits will then be chargeable. For delivery only projects:- It is essential that all Goods are fully checked at the point of delivery. Failure to do so may result in any claim for damage being refused. Damage must be notified, in writing and with clear photographic evidence, within 24 hours of arrival and no claim will be considered outside of this time. You must notify us in advance of any delivery difficulties, which may be expected. This includes narrow road access or helpful hints and tips of how to find you. Failure to do so may result in an additional delivery charge liable to the customer. Please Note: Delivery vehicles can be very large and adequate space and access is required. Delivery vehicles for products range from 3.5 tonne Luton vans upwards. If you require a smaller vehicle for delivery, you must submit a small vehicle request by contacting sales@theoutdoorkitchencollective.co.uk after placing your order. We cannot guarantee delivery vehicle sizes as they are sometimes provided by third parties outside of our control. TOKC deliveries will be made using a 3.5 tonne Luton van with a tail lift. Once the Products/goods have been loaded onto a third-party truck, we do not control the delivery of the Products. Product dispatch is via standard national courier services. We cannot guarantee delivery times as they are provided by third parties outside of our control. Whilst we will do everything we can to help with delivery issues we also need your help in ensuring that you appreciate that if you do not inspect the goods, as we are asking you to, and as laid out in this document, it maybe that we are unable to help resolve the issue for you. You are fully responsible for inspection of the goods in a timely manner. If products have been used in anyway any claim for damage will be refused. Any item needs to be returned unused and in its original packaging. We ask all of our consumer customers NOT to book any installer or other related trade persons until the Products have arrived safely with you and have been checked as correct and in good condition. We also ask that you do NOT plan any social events (involving the Product(s)) until the Product(s) have arrived safely and checked as correct in good condition. Delivery is a KERBSIDE delivery, meaning the driver will remove the pallet off the vehicle with a tail lift and move the pallet, by pallet truck only on hard standing, level ground. It is NOT the driver’s responsibility to move or assemble your Products beyond the kerb as they are not insured to do so. Packaging including the pallet will not be removed unless agreed in writing before-hand. If, for any reason, the delivery cannot be completed due to absence of recipient at the address, unsuitable delivery conditions or otherwise, the goods will be returned to the depot and a re delivery charge may apply. Upon arrival, if there is any present or visible damage to the Products, refuse receipt by refusing signature and return with driver with reason of refusal along with the co-signature of the delivery driver. DO NOT sign if damaged and DO NOT accept goods as ‘damaged in transit’. Contact us on 01727 743 712 within the same day, to report damages and ensure fast replacement of your Products. Alternatively, you can sign ‘UNCHECKED’ If you are unable to check the goods at the time of delivery. We will be unable to consider any claim for damage or missing items if: You do not report (in writing with clear photographic evidence) the damage in transit to us within 24 hours of product delivery; or You accept Products that have clearly and visibly been damaged in transit without returning them to the driver. Once the goods have been delivered and signed for the risk passes to the customer. Products marked unchecked will be believed to be received in good order. If you are a consumer, this does not affect your statutory rights. 7.5 If you require a mains gas, electrical or water and waste connection these are not included, unless specifically stated, within the Proposal and Order Confirmation and you will need to arrange these separately with suitably qualified and certified persons. Our quotation for installation is for a dry fix installation only and includes delivery and installation of kitchen units, worktops and placing of equipment. It excludes any first and second fix electrics, plumbing or gas work. These services need to be arranged separately using qualified contractors, unless specifically stated on the proposal. Commissioning of any gas appliance is excluded from installation costs unless stated otherwise. See section 12 for specific details on individual items/Products. 7.6 You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you. 7.7 If you request that TOKC ship the Goods to an address outside of the UK mainland you agree to be responsible for the extra costs involved such as shipping, export paperwork, duty and taxes etc. and that you understand that cancellation and return rights may be reduced or excluded. Warranties may not apply outside the UK on any product, and it is the responsibility of the client to ensure products work in local environments and comply with local regulations. 7.8 We reserve the right to charge for storage at a commercial rate for any products that cannot be delivered to site or installed on the agreed date given to you at the point of order, if the project is delayed through no fault of TOKC. The rate charged will be £10 per Euro pallet (1200mm x 800mm) per week plus additional delivery and stocking charges, if these apply. Larger pallets will be by separate quotation. Storage fees must be paid for in full before redelivery takes place. 7.9 Failed deliveries or installations will incur a restocking and redelivery charge if these are not the fault of TOKC and will be dependant on the size of the project, distance and length of the delay and the costs and loss of time incurred. If an installation is cancelled by the client with less than 3 days’ notice of the delivery/installation date then this will incur another installation fee at full price. This includes the site not being ready for us. We reserve the right to cancel an installation if we arrive on site and the site or access route is not ready or is in an unsafe condition. Hotel / travel costs will also be charged if reservations cannot be refunded. The redelivery charge will need to be paid in full before redelivery/installation takes place.

8. Payment and Price 8.1 We accept payment by bank transfer, cheques, and cash (Cash up to a certain monetary limit of £500). We also accept Visa, Mastercard and most debit cards with the following conditions. We do not accept American Express or credit or debit payments over the phone. Should you wish to pay for your project on Credit/Debit card we will only accept payments up to £1000. Kitchen projects above this value require payment by BACS transfer. Due to the bespoke nature of our kitchen and canopy projects no refund of deposits will be considered, either in part, or in full after the money clears into our account or 7 days from the invoice date, whichever is sooner. This is because fabrication will start at this point. Please note that it can take up to 7 days once a credit card payment is made until the funds reach our account and we cannot start to process the fabrication, or order the kitchen, until the funds are cleared. This can extend the delivery date to you, and when deadlines are tight BACS payments are quicker as funds reach our account immediately and we can process the order immediately. Payment of the full balance is required, in cleared funds, before installation/delivery can take place. Cancelled installation appointments due to payment not being received in time will incur additional charges and delays as per clause 7.9. 8.2 Payment is required as follows, unless other terms are set out in the Proposal or agreed in writing: 8.2.1 For website orders of in-stock products payment is required in full at point of order and delivery will be arranged within 10 working days unless clearly stated otherwise. 8.2.2 For orders placed by phone and/or email or for bespoke products other payment terms may apply and will be written on the proposal documentation/quotation. 8.3 The price of the Goods will be as shown on the Proposal and confirmed in the Order Confirmation including the following details: 8.3.1 The total price which includes VAT at the applicable rate. 8.3.2 All charges for delivery at the address shown. 8.3.3 Charges for installation if TOKC are providing this service. 8.3.4 We reserve the right to charge interest on late payments of 8% above the Bank of England base rate. We also reserve the right to charge additional fees for collection of late payments and, if required, to pass on the collection of late payments to third parties which will involve additional costs. (Note: unless otherwise stated prices quoted for delivery and installation assume the address is on the UK mainland at ground level with normal access. If this is not the case extra charges will apply – please ask for a quotation before ordering.) If you have questions or anything is not clear please contact us for clarification as we want everything to be clear to you.

9. Right to Returns and cancellations 9.1 If, after the order has been placed and the deposit paid, the consumer needs to cancel the order, for whatever reason, the deposit will be refunded within 7 days of placing the order minus any re stocking and cancellation charges that might imply – credit card fees are non-refundable. Due to the bespoke nature of all orders, no refund of the deposit invoice will be made after 7 days after the invoice date, or after fabrication has started, whichever is sooner, as the goods will be in production. 9.2 It is important to understand that because of the specialist nature and large size of the product, delivery and collection costs are expensive and customers are required to pay for these if orders are cancelled after delivery. The cost of delivery may not be refunded and the cost of collection will be calculated and charged based on the cost of sending specialist carriers to the collection address. Any product returned must be in “as new” condition and TOKC may deduct charges for excessive handling or damage. 9.3 Renson. If an order needs to be cancelled, or changed in any way, once the order has been confirmed with Renson, then there will be a minimum 20% (of the total retail order value) cancellation fee applied. If milling and cutting has started the cancellation fee is 50%. If powder coating has started the cancellation fee is 90% and if assembly has started the cancellation fee is 100% of the total retail order value.

10. Nature of the Goods 10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’) which we must comply with. We will ensure that the Goods supplied: 10.1.1 are of satisfactory quality 10.1.2 are fit for purpose 10.1.3 match the description, sample or model, (subject to reasonable variation of colour and finish with natural materials) and 10.1.4 are installed properly (if we are installing the Goods) 10.2 Any Goods sold at discount prices or such as “ex-demo” stock that has for example been previously installed in a display will be clearly identified and sold as such. Please check that any such Goods are of a satisfactory quality for their intended use. These items are always sold as seen, and as such do not have any warranty included. 10.3 In the unlikely event of our being unable to supply certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We would always discuss this with you first and make sure you are happy. 10.4 Any worktop supplied by us will be subject to variations due to the nature of the materials used. It is the customer’s responsibility to satisfy themselves that they have seen suitable samples of any materials being used in their project. It should be understood that any samples in the showroom are only meant to be an indication of the final finish and colours. If the customer is in any doubt, then they should ask for photos of the actual slabs that will be used in their kitchen to ensure the final finish matches their expectations. Any Warranty offered does not cover surfaces that do not meet the customer’s requirements, which, in their personal opinion, do not meet their expectations in terms of colour, veining performance and appearance (for those surfaces that have such a feature), This includes edge profiles or other aspects selected by the customer at the time of purchase. Any differences between samples or photographs of any worktop product and the actual product purchased are excluded from any Warranty offered. 10.5 Corten Steel – Sometimes products made of Corten steel may be supplied and delivered without the rusted patina finish fully developed and the product may look like raw steel when delivered. If a fully developed patina is required, we can provide an additional cost to store the product and have it delivered fully aged. coherent If normal low alloy mild steel is exposed to moisture and air then rust forms on the surface, this rust is non-coherent and falls away allowing the layers below to rust until eventual failure occurs. With Cor-ten steel the surface oxidises in the normal way but due to its metallurgical formulation it forms a patina that adheres to the surface and reduces further corrosion. The patina begins its formation with a reddish-brown hue and slowly darkens. In normal weather conditions the patina could take 18 to 36 months to fully stabilise. During this patina formation process, any run-off water may contain soluble iron salts which can cause discolouration of adjacent materials especially if they are slightly porous. These can be removed using a suitable rust remover such as:- https://www.amazon.co.uk/Fila-FILANo-Remover-Granite-Natural/dp/B01849BMPK (Please note that we cannot be responsible for the use of any cleaning products and the results produced or for any marks/stains produced by corten steel products.) The layers develop and regenerate continuously when subjected to weathering influences. The rate of formation and protective effect of the covering layer depend largely upon the corrosive nature of the atmosphere and the likelihood and type of aggressive agents in the air should be taken into account. The process of patination can be accelerated using a warm mixture of vinegar and salt dissolved in water. It is the customers responsibility to assess whether corten steel is the right product for their situation and suitable for their environment. Uneven patina formation can be caused by surface contamination, handling marks and welding during fabrication.

11. Additional Customer requirements Please read the following carefully and contact us if you have any questions. As part of this contract the customer undertakes to: 11.1 carefully read and follow all safety and other instructions supplied by TOKC and the manufacturers of other Goods supplied, including guidance for the safe use and storage of gas bottles and appliances such as https://www.calor.co.uk/gas-bottles. It is the customers responsibility to ensure they purchase the correct size bottle for their situation. 11.2 ensure that barbecues, firepits, grills and all heating and/or cooking appliances are always attended by a competent person who will also ensure that other persons, pets and flammable materials etc. are kept away from surfaces that are or could become hot and other risks, and that all food is properly cooked. 11.3 take precautions in event of extreme weather conditions to ensure the installation is suitably protected or anchored and separate accessories removed 11.4 ensure that all and any needed permissions for the installation and use of the Good(s) have been obtained from any parties who may need to give this (possibilities include landlords, local council planning or building regulations, environmental, health and fire authorities, etc.) and fire and other risk assessments carried out. In case of doubt as to whether any permissions may be needed professional advice should be sought. It is the end user’s responsibility to ensure that any installation complies to local and national planning rules and regulations. 11.5 ensure that the site chosen is a safe distance from any flammable materials and free from other hazards. It is important to carefully consider all risks including for example timber or plastic cladding, thatched roof, living wall, insulation, anything that could get hot or catch fire including materials that may be hidden. 11.6 ensure (if the kitchen is to be installed on a surface that is already prepared) that any prepared surface is flat and square and plumb and non-flammable. 11.7 ensure (if there has not been a site visit by TOKC to measure up) that all information measurements and requirements given to TOKC are correct and accurate. If we are working solely from customers’ measurements and the client does not want to pay for a survey to be undertaken, then the full risk of Goods not fitting or being unsuitable is with the customer and any additional work/restocking will be chargeable. 11.8 provide TOKC and whoever is installing the kitchen with details of any visible or hidden water gas electricity or other services in the vicinity of the site or any asbestos or other hazards. 11.9 be available at the agreed time to accept handover of the installed kitchen or delivery 11.10 ensure that payment is received by TOKC on time and in accordance with the agreed arrangements 11.11 ensure, where the customer is not the end-user, that all safety instructions are passed on to the end-user of the Goods.

12. Warranty etc. 12.1 TOKC undertake to provide the following warranties against defective materials and workmanship: Warranties only start when payment has been made in full. If any outstanding monies or invoices are unpaid, either in full or part, then any warranty, on any part of the project, is not valid. Please note that many manufacturers require registration of their products to validate the warranty. It is the end user’s responsibility to do this, and we cannot accept any responsibility for warranties not registered or registered incorrectly. 12.1.1 TOKC BESPOKE Our warranty covers the delivery of replacement parts and assembly on site using a TOKC employee only. No third-party repairs are covered. Warranties start on the date of delivery to site. All warranties are void if any modifications to any item have been carried out without approval. The warranty is void if the product is used incorrectly or in an abnormal way. Normal wear and tear is to be expected and is not covered. Tricoya - cabinetry constructed using Tricoya itself is guaranteed for 10 years against deterioration from climatic conditions. This is provided it is installed by ourselves and provided that a reasonable maintenance and cleaning regime has been carried out by the end user. For more information on the cabinet material please see https://tricoya.com/performance/ This is an anti-perforation warranty and is invalid if there is any damage to the paint. Damage such as chips and scratches however minor should be bought to our attention so that we can arrange for the damaged area to be resprayed professionally to maintain any warranty. Failure to do this will invalidate any warranty. Paint finish – Guaranteed for adhesion and colour for 5 years providing normal cleaning and maintenance is carried out, and sunlight is even over all surfaces. Accidental damage or any damage caused by incorrect use of any chemical or abrasive material is not included. Damage caused by cleaning is not covered. This is an anti-perforation warranty and is invalid if there is any damage to the paint. Damage such as chips and scratches however minor should be bought to our attention so that we can arrange for the damaged area to be resprayed professionally to maintain any warranty. Failure to do this will invalidate any warranty. Metal components such as drawer runners/hinges/handles etc. These are guaranteed for a period of five years against any manufacturing defect that may affect their suitability for use. Occasionally, particularly in coastal areas, there may be slight traces of rust appearing over time. Appearance of rust is not covered by the warranty unless it effects the functionality of the item. Worktops are guaranteed for five years, Accidental damage, or any damage caused by contact with acidic products or misuse is excluded. Warranties with Laminam or Dekton materials need to be registered directly, by the client with the worktop manufacturer. Sink/taps – Sinks are usually covered by individual manufacturer’s warranties. Taps do not come with any warranty when installed in an external environment. It is therefore the end user’s responsibility to ensure that all water supplies are installed using an isolator valve inside the house so that the external sections of pipework can be isolated and drained in harsh weather conditions and below zero deg Centigrade temperatures. Taps should be drained over winter and left in the open position. Frost/cold weather damage, or any damage caused by freezing of water is not included in any warranty. As our installation is a dry fix only, we are not responsible for any leaks that may occur. If the plumber is not on site at the point of the kitchen installation and is unable to make the final connections when we are on site and the sink and tap cannot be commissioned, then any further visits to solve leaks will be chargeable. Fridges – should be turned off over winter periods and their warranty is covered by the manufacturer’s individual conditions. EO Kitchen structure and structural materials — 5 years from invoice date. WWOO kitchen structure and structural materials – 1 year from invoice date. WWOO sales are subject to separate and additional WWOO terms and conditions (please see Appendix A and the end of this document) which will be supplied separately and can be requested by e-mailing sales@theoutdoorkitchencollective.co.uk Grillzimmer kitchen structure and structural materials – 5 years from invoice date Renson – please see separate warranty details on individual proposal. Vlaze – subject to their Terms and conditions. Please ask for more details 12.1.2 Barbecues, appliances, sinks/taps and all other products/accessories – manufacturers’ warranty applies. It is the consumers responsibility to register their products/kitchen directly with the individual manufacturer and ensure this information is up to date. The warranty is only valid where the product has not been modified, relocated or changed in any way. We or the manufacturer undertake to rectify free of charge any material fault which develops within the period shown above, so far as is reasonable, other than wearing parts or anything caused by unfair wear and tear or natural weathering and aging. Corrosion and related damage is excluded where kitchens are installed in coastal areas. If you have any queries or concerns regarding the Goods supplied and/or installed or our service or any other matter relating, do not hesitate to contact us on 01727 743 712 or email sales@theoutdoorkitchencollective.co.uk or using the address details in clause (2) and we will promptly attend to any query or concern you may have. 12.2 Please note that natural materials and other finishes may vary in colour due to differences in grain and shade and that materials such as stone and wood may naturally season and age or weather over time. Some worktop materials, for example porcelains, have significant variations in the colour and pattern between slabs. If a specific pattern and colour of worktop is required it is essential to ask to see photos of the actual slab being used, and this will need to be approved and signed off before fabrication commences. If this is not asked for then rejection of the final product based on the pattern or colour of the final surface will not be accepted. 12.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) or any other rights you may have in law (see adviceguide.org.uk for more details of your legal rights).

13. Limit on our responsibility to you 13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any: 13.1.1 losses that were not foreseeable to you and us when the contract was formed 13.1.2 losses that were not caused by any breach on our part 13.1.3 business losses 13.1.4 losses to non-consumers 13.1.5 delays caused by circumstances outside of our control including pandemics and external factors. This includes disruption to the supply chain due to any external factor outside of our control. 13.2 The laws of England and Wales will apply to this contract. The jurisdiction of England and Wales also applies except that where Goods are supplied to consumers in other areas of the UK their own jurisdiction may be used.

14. Third party rights No one other than a party to this contract has any right to enforce any term of this contract. © New Form Landscapes ltd T/A The Outdoor Kitchen Collective 2021. Issue No. TC0006

APPENDIX A WWOO Terms and Conditions. To be read in addition to the Terms and conditions of sale above.

Supply and Installation Terms and Conditions Please read the following carefully.

A placing of an order is assumed to be your agreement to accepting the following terms and conditions. The following situations could incur additional charges if they delay installation or are not a standard installation. - It must be possible to park the van/lorry/trailer within 25 meters of the location of installation, and the location of installation should be accessible from the vehicle by a paved path without any obstacles. - At the installation location, we need enough space to manoeuvre with a manually operated (gantry) crane, so we advise you not to plan other work to be done at the same time as the installation. - Plumbing and electricity works are excluded in all quotes, including but not exclusive to:- installing, diverting or adjusting of, for example electric cables, water pipes, gas pipes, garden irrigation etc. - Ensure that the installation area is clear and level before arrival, removing, rubble, paving, old fence, roots, plants, soil, sand, stones and other debris. The ground must be at or lower than the final finished level of the area. - If any obstructions, such as, but not restricted to, roots or debris under the surface, concrete foundations, etc. are found when digging the holes for the posts this will incur additional cost. - All paving, such as removal of pavement, patio tiles, gravel etc. to be done by others prior to arrival. - Reinstatement of any paving is excluded from all quotes. - Transportation of the elements through the house or building would incur an additional cost. - Vertically transporting the elements up steps, stairs, ramps, lift, etc. would incur additional costs. - Extra costs would be incurred for manually placing the kitchen when there is too little manoeuvring room for a (gantry) crane on the location of installation. - All spoil resulting from excavation of the post holes is to remain on site unless agreed prior to installation. We can remove and dispose of the spoil if required at an additional cost of £75 incl VAT. - If, due to obstructions, or not being able to get a good fixing in the ground, one or more posts need to be fixed to a stone wall, wooden fence, etc. this would incur an additional cost - Any customization/grinding of the standard elements on the location of installation would incur additional costs. - If high ground water or weak / soft ground is discovered on commencing digging results in only being able to set the posts in place, with no further elements installed, and a return visit is required to install these elements this would incur an additional cost. - Where WWOO are not undertaking the installation and we are only delivering the goods then the client, contractor or end user is to inspect the goods before the courier leaves the delivery address and all goods must be signed for as acceptable and undamaged, or returned in its original packaging. No claim for damaged products will be considered if the goods are not checked fully at the point of delivery. Any damage must be reported within 24 hours with clear photographic evidence. Please see TOKC terms and conditions for additional conditions. Absolutely no consideration will be given to any claim for damage once installation has commenced or the concrete removed from the pallets.

CONCRETE QUALITY - There could be slight shade differences between different concrete elements and over the surface of individual elements due to the nature of pouring concrete. The WWOO kitchen has variations in it and this is considered to part of the beauty of the product. - Due to the nature of pouring concrete, small air holes may be present on the surface. During production, any large air holes will be filled in with a slip, however these may appear again over time. - Due to the nature of pouring concrete, small drying or shrinkage cracks may be present or appear on the surface. These are to be expected and are considered normal. They will not affect the structural stability or strength of the concrete. - The Anthracite colour will discolour slightly over time particularly if placed in direct sunlight. Coleman Croft Woodcock Hill St Albans Hertfordshire AL4 9HJ +44 (0)1727 743 712 info@wwoo.co.uk sales@theoutdoorkitchencollective.co.uk - The finish on one side of the posts will look very slightly different due to the moulding process - The sink will be installed in the worktop and the waste connected and left as an open pipe through the back of the wall. It is the purchaser’s responsibility to connect this to a suitable drain or soakaway. The cold-water tap will be connected to a loose flexible hose which is left at the back of the wall. It is the responsibility of the purchaser to provide the supply to this and connect this to a suitable water supply. We are not responsible for any leaks in the sink or tap if the plumber is not on site during the installation and the tap/sink is not commissioned by the time we leave site. Return visits to address leaks will be chargeable. - It is likely that some minor marks may occur on the sink strainer over time.

GENERAL 1. Our surfaces and products are not designed or built to be used structurally unless specifically discussed and stated on the invoice. 2. We do not recommend standing or sitting on our work surfaces. 3. Damaged goods will be replaced as quickly as possible. All replacements of damaged products will require at least the same manufacturing lead time as applied to the original order. 4. All estimated project production times are based on schedule start dates. Start dates are scheduled once the deposit has been paid and cleared. 5. WWOO kitchens accepts no liability for direct or indirect losses, costs or penalties resulting from delayed deliveries or delays caused by the replacement of damaged products. 6. All information is provided in good faith and is subject to change without notice.

APPEARANCE 7. Any sample provided is to be seen as a guide and not a guarantee of the final product’s appearance. 8. Due to the nature of the material, manufacturing, curing and finishing processes each item produced will be unique and individual in appearance. Efforts will be made to produce continuity for items of a single project or order where applicable. Variations in product appearance and colour, hair line crazing, flecking, pitting, dappling and texture are considered to be part of the natural beauty of the material and are not seen as defects. 9. Slurry filling of voids is normal. In situations where efflorescence has occurred and is not wanted, efforts will be made to remove the mineral deposits 10. The use of sealers to protect the surface does not constitute a guarantee that the surface will not stain/etch or allow liquids to penetrate. 11. Sealers can be used to help prevent staining and liquid penetration by providing the client time to clean away staining material. It is the client’s responsibility to remain diligent in the removal of possible stain/etch causing or penetrating substances. 12. Penetration sealers will provide little protection against acid attack. 13. Sealers can be damaged and may need to be periodically re - applied, this is especially relevant to high use areas and product that are submerged, e.g. basins, bath tubs and water features.

PAYMENT 14. All products remain the property of The Outdoor Kitchen Collective/WWOO UK Kitchens until full and cleared transfer of payment has occurred and the product has been signed for prior to unloading on delivery. Payment terms for products require a 50% non - returnable deposit at the time of order. Final payment of the remaining 50% is to be made (and cleared) prior to the date of delivery. 15. Interest of not more than 10% APR of the total unpaid amount will be added to the bill at the beginning of each week after the lapsed payment dated. Estimates and quotations given remain valid for 30 days.

PROJECT DURATION 16. The date of commencement of any project will be declared only after all the required dimensions and project details have been agreed in writing by the client. WWOO kitchen’s Terms and Conditions have been signed and returned to WWOO kitchens and full payment of the deposit has been made. 17. The commencement date will be used to calculate the expected completion date. 18. Any delays outside the control of WWOO kitchens may result in alterations to the scheduled times allocated for production and delivery.

DELIVERY 19. Delivery dates and times will be adhered to wherever possible but cannot be guaranteed and do not constitute a contract between the purchaser and WWOO kitchens. 20. Kerbside delivery with one driver is standard. Products should be inspected and signed for prior to unloading. It is the client’s responsibility to fully inspect products prior to signing for them and once signed for we cannot accept responsibility for any damage incurred. 21. Any damaged products should be indicated to the driver/courier prior to unloading. WWOO Kitchens should be made aware of any issues relating to products purchased immediately. 22. Once delivered to kerbside and signed for the client is responsible for the product unless otherwise agreed in writing by WWOO kitchens. 23. Any damage caused to the product once delivered is entirely the client’s responsibility. WWOO kitchens will not consider any claim once fitting has begun. 24. Any damage or injury caused directly or indirectly to property or individuals once the product has arrived at the delivery address and is signed for is entirely the client’s responsibility. 25. The client is to provide sufficient labour to unload goods. Standard single items require a minimum of 2 strong people. (Please ask for recommendations in relation to your project). 26. Unloading (and loading) of products at the delivery address should be completed in good time, normally within 30 minutes of arrival. 27. WWOO Kitchens reserve the right to charge a waiting fee of not more than £30 per half hour applicable at the beginning of each half hour after 45 minutes has elapsed from the time of arrival at the delivery address. 28. If for any reason any item is not unloaded with 2 hours of arrival at the delivery address, the item will be returned to WWOO Kitchens. Where WWOO Kitchens is not at fault, an additional transportation charge of not more than 50% of the original total order invoice price will apply. 29. WWOO Kitchens reserves the right to charge storage at a rate of not more than 20% of the original total order invoice price for every seven day period of storage, applicable at the start of each seven day period, commencing on the date of return. 30. All additional fees are to be paid in full prior to redelivery. 31. If, through no fault of the WWOO Kitchens, products are not redelivered within 2 months of return to the Company, WWOO Kitchens reserves the right to dispose of the products as it sees fit. 32. Parking (or parking permits) to be provided on or close to site where required. Standard local parking or Congestion Charges are to be met by the client if applicable.