1. General In these conditions of sale:  The company means Barneys Fencing & Landscape Services.  The customer means any person contracting with the company for the supply of goods or services.   Delivery means delivery by the company or a haulier employed by the company directly or indirectly.  These conditions may only be modified by the company in writing.
  Submission of a purchase order will be taken as agreement to these conditions. 2. Supply of Products Products are sold under the express understanding that: All sizes given on this website and in our catalogues, price lists or other information, whether electronic or in writing, are approximate. - The customer and the company are contracting in the course of their respective business and except as stated in writing by the company no condition or warranty is given or implied by law, custom, usage or otherwise as to the quality or fitness for any purpose of the goods sold by the company.
 - The company requires any complaint to be made in writing by the customer within 48 hours of collection or delivery. If the customer is dissatisfied with the product then it must be returned to the company by the customer within 5 working days after the complaint has be logged in good condition. A refund will then be made for the original purchase price. 
  Customers are required to pay by cash or debit card at the time of ordering.   - Brochure or Price List prices are ex-VAT and delivery charges apply.
  All items however delivered shall be at the customers risk from the time of collection (if so collected) or from the time of delivery. After such time the company shall be under no liability for loss or damage or deterioration of items arising from whatever cause.
  3. Delivery - The company will make every effort to deliver the goods on the agreed date, but if for any reason the company is unable to deliver then no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever.
   - Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company vehicles to the place of delivery.
   - The company will not accept any liability for damages to property caused during delivery. 
   - If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred. Deliveries may be made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. In such cases that delivery, if in the opinion of the company, is not possible, then the company reserves the right to cancel the order. 
 - Delivery vehicles may use tail lift offloading and it must be emphasised that the delivery vehicle must be able to park in an area where the delivery is to be made. 
 - Delivery will be made on a kerb side delivery basis and will be the customers responsibility to move the goods from the place of delivery.
 
 4. Company Premises - The customer will at all times be responsible for the security and insurance of their equipment.
   - The customer will comply with all requirements of Health & Safety Legislation when on company premises and will be aware that they are in a working site. They will indemnify the company from all and every claim except where the staff of Barneys Landscapes are at fault.
   - The company accepts no responsibility for injury or damage caused to persons or equipment whilst on company premises.
 
 5. Barneys Fencing & Landscape Services and the Customer Agreement I the customer have read and fully understand all the terms and conditions above. I understand that once I verbally confirm and order or once I click on an order button I will be liable for any delivery charges incurred if I then cancel the order as well as any costs for redelivery of the goods. I have viewed the pictures of the products (or I have seen the products) that I have ordered and understand the quantity and quality which will be delivered. I also understand that most products that the company supplies are naturally occurring products and may have slight variations in colour, size and content. I understand that the delivery will be made by way of a vehicle to my kerbside and understand it is up to me to transport the goods thereafter. Any delivery made onto my property is completely at my own risk I confirm there is enough room for access. I also understand that if there is any possibility of there not being access (in the delivery drivers view) I may be liable for a redelivery charge.  I understand that deliveries may be stacked on pallets and it is my responsibility to dispose of the pallet in a safe and proper manner.
  I acknowledge that if the delivery does not arrive on time, I have no claim against the company or their agents, although every effort is taken to get deliveries to customers within specified period, achieving this for 99% of our customers. These conditions and any contract or variation are governed by the laws of England and Wales. Any disputes arising from these conditions or any contract or variation entered into by the Company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbitrator in accordance with the Arbitration Act 1950 or any modification thereof.  |