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Telephone: 0845 900 2131 Fax: 0845 900 2132 Email: info@barricade-ltd.com
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Terms & Conditions

1. DEFINITIONS

  • 1.1 “The supplier” means Barricade Ltd.
  • 1.2 “the Buyer” means the person, firm or company with whom this contract is made.
  • 1.3 “the Contract Goods” means the goods subject of the contract agreed between the Supplier and the Buyer.
  • 1.4 “the Price” means the price payable for the Contract Goods.
  • 1.5 “the Site” is the property on which the Buyer has indicated the Contract Goods are to be installed.
  • 1.6 “Hard Dig” is defined as requiring the use of mechanical equipment to excavate solid materials such as concrete, cement, asphalt and hard-core.

2. TERMS OF PAYMENT

  • 2.1 Where the Supplier has otherwise agreed in writing, payment is to be made in full and forthwith on delivery of the Contract Goods or completion of the installation and satisfactory commissioning, whichever is sooner.
  • 2.2 Cheques to be made payable to Barricade Ltd, Unit 6 Conway Industrial Estate, Skull House Lane, Appley Bridge, Wigan, WN6 9DW.
  • 2.3 The Supplier reserves the right to charge Daily Interest at a rate 5% above the Base Rate of the RBS Group on all amounts overdue.
  • 2.4 The Contract Goods shall remain the property of Barricade Ltd until all monies due have been paid in full.

3. PRICES

  • 3.1 The prices quoted by the Supplier are those agreed on the date of quotation. In the event of alterations in the supply and labour costs to the Supplier, the Supplier may pass on such increase to the Buyer provided that the Buyer is notified in writing at least fourteen days prior to the execution of the Contract. Following such notification the Buyer may withdraw from the Contract by giving written notice within seven days of the date of notification by the Supplier. In the absence of such cancellation the Buyer shall be deemed to have accepted the revised Price.
  • 3.2 If any quotation by the Supplier states that the Price is fixed for a specified period, then the Price is exempt from any increase during such period.
  • 3.3 Prices are subject to correction in the event of errors or omissions.
  • 3.4 Unless stated otherwise, all prices are exclusive of Value Added Tax which will be charged at the rate of 20%.
  • 3.5 In the event of the Site surface being of “vibrated concrete” or of the Site necessitating a Hard Dig of more than 12 inches (300 mm) the Supplier shall reserve the right to make a surcharge without written notice but after consultation with the Buyer.
  • 3.6 Not withstanding any other provision of these terms and conditions the Buyer shall, in addition to the Price, pay to the Supplier by reason of, or arising out off:-
  • 3.6.1 any defect in the ground conditions, or any unusual or adverse ground or other conditions affecting the Site.
  • 3.6.2 The carrying out of any works required to make the Site suitable for the installation of the Contract Goods.
  • 3.6.3 any failure on the part of the Buyer to comply with its obligations herein.

4 .DELIVERY

  • 4.1 Delivery costs will be issued in addition to the Price on the quotation and will be calculated on weight and volume.
  • 4.2 Delivery dates and times specified by the Supplier are intended as an estimate only and can vary depending on the products. The Buyer shall not be entitled to rescind the Contract for reasons of any delay in the delivery of the contract Goods, nor shall the Supplier incur any liability for loss suffered directly or indirectly as a result of failure to make delivery on the specified date.
  • 4.3 The Buyer shall ensure the provision of full and adequate access to the place of delivery, and all other facilities and services necessary to enable the Supplier to make delivery and install the Contract Goods in accordance with the Buyers requirements.
  • 4.4 The Buyer shall notify the Supplier in writing of any loss or damage to the Contract Goods (supply only contracts) within such time as will enable the Supplier to comply with the carriers conditions relating to loss or damage, or within 3 days of delivery, whichever is the sooner. In the absence of such notice the Buyer shall be deemed to have accepted the Contract Goods.

5. BUYERS OBLIGATION REGARDING THE SITE

  • 5.1 The Buyer hereby warrants to the Supplier that the Buyer is lawfully entitled to install the Contracted Goods, and that all the necessary planning permission, licences and consents have been obtained, and that the installation of the Contract goods will not contravene any statutory provisions or infringe any third party rights and in particular any Highways Legislation.
  • 5.2 The Buyer shall give to the Supplier in writing full details of the location and route of services and conducting media running through, upon and over the Site.
  • 5.3 It is the Buyers responsibility to ensure that the Site is suitable in all respects for the installation of the Contract Goods and the supplier shall not be responsible for any loss, costs, claims, demands, damages, liabilities or proceedings by reason of the Site not being suitable and adequate for that purpose.
  • 5.4 It is the Buyers responsibility to provide a suitable site or means for the disposal of waste material following excavation.

6. PROPER LAW

  • 6.1 The formation, interpretation and operation of this contract shall be governed by English Law and the Buyer submits to the non-exclusive jurisdiction of the English Courts.

7. SUPPLIERS WARRANTY

  • 7.1 If within a period of six months of commissioning the Contract Goods the same require repair or replacement due solely to a fault in the Contract Goods or on account of faulty installation by the Supplier, the Supplier shall at its own cost repair or replace the Contract Goods provided that:-
  • 7.1.1 The Supplier liability shall be limited to the repair or replacement of the Contract Goods and not further or otherwise, and
  • 7.1.2 For the avoidance of doubt the Supplier will not be liable for any reason for any repair or replacement made necessary as a result directly or indirectly of any abuse of the Contract Goods or defect in the Site, or as a result of faulty or incorrect installation by an agent or contractor of the Buyer not approved by the Supplier for the installation of the Contract Goods.
  • 7.1.3 The Supplier shall not be liable in any way whatsoever for any loss, damage or injury caused by accident or by any third party whether trespassers or otherwise.
  • 7.2 The Contract Goods are designed to be a deterrent to unauthorised access but the Supplier gives no warranty that the installation of the Contract Goods will prevent unauthorised access and save only to the extent that liability cannot lawfully be excluded the Supplier shall not be liable for any loss or damage whatsoever arising out of or as a result of unauthorised access to the Buyers property or any unauthorised interference with the Contract Goods.

8. LIMITATION ON DAMAGES

  • 8.1 As provided in 7.1 the Supplier, its agents or subcontractors shall have no liability under the contract for any personal injury, death, loss or damage of any kind whatsoever whether consequential or otherwise including, but not limited to, loss of profits and so far as the law permits the Supplier hereby excludes all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which, but for such exclusions might subsist in the Buyers favour.
  • 8.2 Neither the Supplier, its agents or subcontractors shall be liable for any loss or damage of any kind whatsoever (except arising from death or personal injury) whether consequential or otherwise caused directly or indirectly by any negligence on the Suppliers part or on the part of any of the Suppliers employees, agents or subcontractors in connection with or arising out of the manufacture, supply or installation of the Contract Goods.

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Barricade Ltd - Unit 6 Conway Industrial Estate, Skull House Lane, Appley Bridge, Wigan, Lancashire, UK - Tel: 0845 900 2131 - Fax: 0845 900 2132 - info@barricade-ltd.com