Terms and conditions

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Terms and conditions

These terms and conditions (Conditions) set out the basis on which you can visit and use our website (www.barricade.co.uk), and place orders with us. Please read them carefully as they contain important information. By placing your order with Barricade Ltd you accept our Conditions. These Conditions apply to the contract between us and you (Contract), which consists of the order placed and these Conditions, to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

We may change these Conditions from time to time without notice to you and any changes will apply to subsequent orders received.

DEFINITIONS
1. ‘Buyer’ means the business, customer or other third party who agrees to purchase the Goods and/or Services from the Seller.
2. ‘Conditions’ means the terms and conditions of sale set out in this document and includes any special terms and conditions agreed in writing by the Seller.
3. ‘Contract’ means the contract between the Seller and the Buyer for the supply of Goods and/or Services in accordance with these conditions.
4. ‘Delivery date’ means the date specified by the Seller when the Goods and/or Services are to be delivered.
5. ‘Goods’ means the goods, articles or items which the Buyer agrees to buy from the Seller.
6. ‘Price’ means the price for the Goods, carriage, packing, excluding insurance and VAT and such other extra charges as may be quoted by the Seller or as may apply in accordance with these conditions.
7. ‘Seller’ means Barricade Limited whose registered office is at Unit 6 Conway Industrial Estate, Skull House Lane, Appley Bridge, Wigan, WN6 9DW.
8. ‘Order’ means an order placed by the Buyer for the supply of Goods and/or provision of Services whether verbally or in Writing.
9. ‘Services’ means work, installation, maintenance, services, or any of the former to be provided and by the Seller in accordance with the Contract.
10. ‘Site’ means the premises or location as specified by the Buyer where the Goods are to be delivered or Services provided by the Seller.
11. ‘Hazards’ any underground services, hazards, and impediments to reasonable digging conditions.
CONDITIONS APPLICABLE
1. These Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order confirmation or similar document.
2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
4. Any variation to these Conditions (including any special terms and Conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
5. Any drawings, images, descriptive matter, brochures, illustrations, weights or samples issued by the Seller (in print and on the internet) are issued or published for the sole purpose of giving an approximate impression of the Goods described in them. They shall not form part of these conditions or have any contractual force nor be regarded as a warranty or representation relating to the Goods, or a sale by sample.
6. If the Buyer wishes to order Goods in accordance with a specific grade or specification this should be stated in the Buyer’s Order and any accompanying drawings. The Seller reserves the right at any time without notice to the Buyer to change or modify the particulars of any specifications, description, design, drawing, illustration and/or particulars of any goods or materials used in their manufacture and to supply the Goods as so modified or substitute similar goods of equivalent type.
7. Any advice, statement, promise, recommendation or representation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the fitness for purpose or use of the Goods or otherwise is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable in any way for any such advice, statement, promise, recommendation or representation given.
8. Nothing in these Terms & Conditions shall affect the statutory rights of any Buyer dealing as a consumer.
QUOTATION, PRICE & PAYMENT
1. Quotations shall be valid for 24 hours from the date of quotation and are provisional in so far as they are subject to alteration by reference to any changes in the price of raw materials, any item to be acquired by the Seller from a third party, rates of wages, other costs of production, the conditions of the Site for the provision of the Services and any other circumstances beyond the Seller’s control taking place between the date of the quotation and the Buyer’s placing of an Order in respect thereof. Quotations may be withdrawn by the Seller at any time and will lapse after 24 hours. For the avoidance of any doubt, prices are subject to correction in the event of errors or omissions.
2. Unless otherwise stated quotations are based on current cost of material and transport and any variation between quotation and supply shall be the subject of a price adjustment.
3. The Seller’s quotation assumes reasonable digging conditions for the installation of the Goods and the provision of the Services and assumes that there are no Hazards in the area to be excavated. The Seller reserves the right to carry out a Site survey at the expense of Buyer upon the Buyer placing an Order and if the survey shows any Hazards the Seller shall advise the Buyer in writing of the nature of these and notify the Buyer of any additional charge payable to the Seller by the Buyer. The Seller’s judgment of any Hazards is only a guide and the Buyer remains liable for the repair and/or movement of the Hazards.
4. The Buyer may request that the Seller carry out additional work to rectify any Hazards. The Seller is entitled to refuse such additional work. If the Seller accepts such additional work the Seller shall provide the Buyer with an estimate which the Buyer acknowledges may alter once the Seller provides it with a revised quotation. If the Buyer is unable to meet any additional cost quoted by the Seller, the Seller reserves the right to withdraw from the Site and to enforce payment for completion of the Services.
5. The Seller's quotation assumes normal working hours of 8.00am to 5.00pm (excluding weekends) and the Seller reserves the right to increase the Contract price if work outside of these hours is required.
6. The Buyer warrants that all information applied to Seller is complete and accurate and the Seller reserves the right to amend the quotation and/or the Contract price or terminate the Contract in the event of any breach of this warranty.
7. The Seller reserves the right to increase the price of the Goods, by giving notice to the Buyer at any time before delivery, to reflect any increase in the cost of the Goods to the Buyer that is due to:
  1. any factor beyond the control of the Seller (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
  2. any incorrect Prices stated on the Seller’s website including any omissions or errors by the Seller in respect of delivery charges on any quotations.
  3. any request by the Buyer to change the Delivery Date(s), quantities or types of Goods ordered, or the specification of the Goods; or
  4. any delay caused by any instructions of the Buyer in respect of the Goods or failure of the Buyer to give the Seller adequate or accurate information or instructions in respect of the Goods or delivery of the Goods. For the avoidance of any doubt, prices are subject to correction in the event of errors or omissions.
8. In respect of account customers:
  1. payment is due 30 days from the date of the invoice. If this condition is not complied with the Seller reserves the right to require payment by pro forma invoice, and to appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other Contract) as the Seller may think fit.
  2. Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 5% above National Westminster Bank’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
  3. In the event of non-payment of any account as and when it falls due, whether such payment relates to the same or any other Contract entered into by the Buyer, the entire balances outstanding upon the Buyer’s various accounts with the Seller (including accounts due for Goods to be supplied or supplied but not yet invoiced) will become immediately due and payable.
  4. The Seller reserves the right to grant, refuse restrict or cancel credit terms in its sole discretion.
  5. No disputes arising under the Contract nor delays shall interfere with prompt payment by the Buyer. The Buyer may not set up against the Seller any breach of warranty or condition (express or implied) in diminution or extinction of the price and Section 53(1) (a) of the Sale of Goods Act 1979 is hereby excluded.
9. Where the Seller agrees for the Buyer to pay for the Goods and/or Services by instalments, any delay or default in making payment of one (or more) instalment(s), will render all remaining instalments due and payable together with interest in accordance with Conditions 3.8 (ii).
THE GOODS
1. Where Goods are made or supplied to the Buyer’s own specification, pattern or design or where standard goods of the Seller are altered in accordance with the Buyer’s instructions the Buyer warrants and undertakes full responsibility not only for the suitability and fitness of the specification, pattern or design
2. The Buyer acknowledges that the Seller shall be under no liability of any description to the Buyer if the Goods prove to be unsuitable for whatever reason for application or use.
3. The Seller recommends that the Buyer reads and understands all relevant technical information provided by both the Seller and any other recognised trade organisations before placing an order. The Buyer must satisfy themselves that their chosen Product is suitable for the purpose for which it is intended, and Buyers are advised to view as much of the Goods as possible before placing an order and entering the Contract.
4. The Seller is continually improving the specification and design of its product range and whilst care is taken to see that literature produced by the Seller is up to date on the date of its production, such literature should not be regarded as an absolute guide to current specifications and the Seller reserves the right to modify any of its products without notice and without any liability on the part of the Seller.
5. The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements.
QUALITY OF GOODS
1. Subject to clause 4, the Seller warrants that on delivery the Goods shall conform in all material respects with their description and any applicable specification agreed by the Seller.
2. Subject to clause 5.3, if:
  1. the Buyer gives notice in writing within 72 hours of delivery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
  2. the Seller is given a reasonable opportunity of examining such Goods; and
  3. the Buyer returns the Goods to the Seller’s place of business at the Buyer’s cost, the Seller shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
3. The Seller shall not be liable for the Goods’ failure to comply with the warranty in clause 5.1 if:
  1. the Buyer makes any use of such Goods after giving notice in accordance with clause 5.2
  2. the defect arises because the Buyer failed to follow the Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
  3. the defect arises as a result of the Seller following any drawing, design or Goods specification of any kind supplied by the Buyer;
  4. the Buyer alters or repairs such Goods without the written consent of the Seller;
  5. the defect arises as a result of fair wear and tear, wilful damage, negligence or abnormal conditions;
  6. the Goods differ from the Goods specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
4. Except as provided in this clause 5, the Seller shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.
5. These conditions shall apply to any repaired or replacement Goods supplied by the Seller under clause 5.2.
BUYER’S OBLIGATIONS
1. The Buyer shall:
  1. ensure that the terms and quantity of the order and any specification, instructions and measurements supplied to and/or agreed by the Seller are complete and accurate;
  2. co-operate with the Seller in all matters relating to the supply of the Goods; and
  3. provide the Seller with such information as the Seller may reasonably require to supply and deliver the Goods, and ensure that such information is complete and accurate in all material respects.
2. If the Seller’s performance of any obligation in respect of the supply or delivery of Goods is prevented or delayed by any act or omission by the Buyer or failure by the Buyer to perform any relevant obligation (Buyer Default):
  1. the Seller shall without limiting its other rights or remedies have the right to suspend performance of the Contract until the Buyer remedies the Buyer Default, and shall rely on the Buyer Default to relieve it from the performance of any of its obligations to the extent the Buyer Default prevents or delays the Seller’s performance of any of its obligations;
  2. the Seller shall not be liable for any costs or losses sustained or incurred by the Buyer arising directly or indirectly from the Seller’s failure or delay to perform any of its obligations as set out in this clause 6.2; and
  3. the Buyer shall reimburse the Seller on written demand for any costs or losses sustained or incurred by the Seller arising directly or indirectly from the Buyer Default
DELIVERY
1. Delivery dates are given as accurately as possible but while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any Delivery Date stated. The Seller’s failure to so deliver and/or provide by the due date or dates shall not constitute a breach of Contract and the Seller shall not in any circumstances be responsible for any direct or consequential loss or damage of any kind whatsoever. Where Goods are collected by or on behalf of the Buyer by its servants or agents, when the same are collected or in the case of Services shall be deemed to be delivered at the time of completion by the Seller of the Services.
2. Where the price includes delivery to site delivery will be at the kerbside or if agreed in writing by the Seller at the nearest point via and on a hard road suitable for heavy vehicles. The Buyer must also ensure adequate persons are on site at the time of delivery to assist with unloading.
3. The Buyer will be responsible for ensuring that delivery is completed on the Delivery Date, promptly and without any cost to the Seller. The Seller reserves the right to make additional charges if the Buyer fails to comply with this clause including the costs of re-delivery (as the case may be) or any parking charges arising from or in connection with the delivery and off-loading of the Goods.
4. If the Buyer requests Goods to be delivered without a signature the Buyer will take on full responsibility for any loss or damage after delivery has taken place.
5. For international deliveries, the Buyer shall be responsible for payment of any applicable import duties and taxes. Buyers are advised to contact their local customs office for further information before placing an order.
6. If a vehicle used for performing the Seller’s Contract with any Buyer delivers a load to a place situated off a public road the Buyer is to be solely responsible for any accident or damage resulting in consequence. The Seller allows 30 minutes for off-loading vehicles. If a vehicle is detained in excess of this time the Seller reserves the right to make additional charges.
7. Prices only cover delivery on normal working days during the hours of 8:00am – 5:30pm. Any delivery made at the Buyer’s request on public holidays, weekends and outside of the above hours will be subject to an additional charge.
8. If the Buyer fails to accept delivery of Goods on the Delivery Date or within 3 days of notification that they are ready for despatch whether prior to or after the Delivery Date the Seller reserves the right to invoice the Goods to the Buyer and charge him therefore. In addition, the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either despatched to the Buyer or disposed of elsewhere.
9. The Seller shall be entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related Contracts as repudiated.
10. Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the delivery date.
QUANTITIES AND INSTALMENTS
1. Where Goods are delivered and/or Services are provided by instalments each instalment shall be deemed to be sold under a separate Contract and the party in default in respect of any instalment shall be liable accordingly, but no default in respect of any one instalment shall affect due performance of the Contract as regards other instalments.
2. If Goods and/or Services are to be delivered in instalments, the Seller shall be entitled to invoice each instalment as and when delivery and/or provision is made and payment for all delivered and/or Services provided by instalments shall be due notwithstanding non-delivery and/or non-provision of other instalments or other default by the Seller. Failure by the Buyer to make payment by the due date for any one instalment for whatever reason shall entitle the Seller to suspend deliveries of the Goods and/or provision of Services under the Contract but without prejudice to any other right the Buyer may have under any of the other provisions of these Conditions.
3. The Contract shall be deemed to have been fulfilled by delivery of a quantity within 10% either way of the quantity ordered, and the Buyer shall pay the price of the Goods actually received.
INSTALLATION, MAINTENANCE AND/OR PROVISION OF SERVICES
1. When the Contract includes provision of Services by the Seller, the Seller will supply all necessary personnel and tools for the provision of the Services according to the details specified in its quotation.
2. Where Services are to be provided under Condition 9.1, unless otherwise agreed the Buyer will be responsible for (as appropriate):
  1. all necessary preparation of the Site including, but not being limited to, all work to buildings, foundations, supporting structures and fixing points;
  2. the proper unloading, safe-keeping and insurance of the Goods from the time of delivery;
  3. the provision of scaffolding, lifting and any other equipment (excluding tools) to allow or assist the Seller to provide the Services;
  4. any other matter not included in the Seller's quotation but required to enable the Seller to provide the Services;
  5. giving the Seller access to and possession of the Site at such time and in such state as may enable it to complete the provision of the Services within any agreed time limit;
  6. the removal of all debris and surplus materials from the Site at its sole cost and expense.
3. The Buyer acknowledges that the Seller may not be able to perform the Services unless the Buyer has complied with its obligations under Condition 9.2. If the Buyer fails to provide all or any of the items referred to in Condition 9.2 when the Seller reasonably requires them or to its reasonable satisfaction, then the Seller may in its discretion and at its sole option either arrange for the provision of such item or items as it may require and charge such expense as may be incurred in providing such item or items to the Buyer or invoke the provisions of Condition 9.4 below.
4. The Buyer acknowledges that the ability of the Seller to provide the Services is of primary importance to the Seller. In view of the difficulty of calculating the loss that would be suffered by the Seller should it be unable to provide the Services at the time and/or on the dates agreed between the parties due to the failure of the Buyer to comply with any of its obligations under Condition 9.2, the parties have attempted to provide a genuine pre-estimate of the loss the Seller would suffer. Without prejudice to any other right or remedy the Seller may have for failure by the Buyer to take delivery of the Services under the Contract, the Buyer agrees to pay to the Seller a sum to be determined by the Seller acting reasonably and with reference to its standard rates charged for the provision of services similar or identical to the Services by way of compensation for each day or part of a day by which the Seller is prevented from providing the Services subject to a maximum of the Contract price.
ADDITIONAL GOODS/SERVICES
1. Where the Buyer requires Goods and/or Services to be provided in addition to those set out in the Contract but as a part of the Contract, the Buyer shall place an Order in Writing therefore and upon acceptance in Writing by the Seller of such Order the provisions of these Conditions shall apply to those additional Goods and/or Services.
ACCEPTANCE
1. The Buyer must inspect the Goods on delivery or collection to ensure that they are the correct type, satisfactory quality and undamaged.
2. The Buyer shall be deemed to have accepted Goods 72 hours after delivery or collection. Accordingly, no claim for defect, damage or quality will be entertained unless written notice together with all supporting evidence is received by the Seller within 72 hours of delivery.
CANCELLATION
Clauses 12.1 to 12.3 only apply if the Buyer is acting for a purpose outside a business and there has been a distant contract. Clauses 12.4 and 12.5 apply to all other contracts. Clauses 12.6 and 12.7 apply to all contracts.
1. Under the Consumer Contracts Regulations the Buyer has a right to cancel their order or any Goods purchased on the Seller’s website at any time before the Goods are despatched, or within 14 days of delivery or collection of the Goods for a full refund excluding the cost of return shipping providing the Buyer takes reasonable care of the Goods whilst they are in the Buyer’s possession and the Goods are returned to the Seller undamaged, in their original packaging and are fit for sale. The Seller reserves the right to refuse any refund or to be reimbursed as appropriate in the circumstances for any damage to the Goods if this clause is not complied with.
2. If the Buyer wishes to cancel their order at any time after the 14 days following delivery or collection of the Goods such cancellation will be at the absolute discretion of the Seller. If such cancellation is accepted by the Seller, any refund will exclude the cost of delivery, the costs of return shipping where applicable and a stocking and administration charge of up to 25% of the Price will apply.
3. If the Buyer wishes to cancel you must let the Seller know in writing via email to info@barricade.co.uk or post at the above address within 14 days of delivery or collection.
4. In the case of all other Contracts, cancellations will not be accepted after 3 days of delivery or collection, will be at the absolute discretion of the Seller and will not be agreed unless confirmed so by the Seller in writing. All refunds shall exclude the cost of delivery and shall be subject to a stocking and administration charge of up to 25% of the Price. In the event that a cancellation is accepted by the Seller in accordance with this clause, the Buyer shall arrange for return of the Goods at its own cost and shall ensure that the Goods are undamaged, in their original packaging and be fit for sale. The Seller reserves the right to refuse any refund or to be reimbursed as appropriate in the circumstances for any damage or recovery costs in respect of the Goods if this clause is not complied with.
5. Additionally, if a cancellation is accepted by the Seller, the Seller reserves the right to retain any deposit paid by the Buyer.
6. The Seller shall not accept any cancellations for special order or personalised Goods or if the Buyer has incorporated the Goods into a different product or made use of the Goods in any way.
7. The Seller shall not issue a refund to the Buyer until the Goods are returned in accordance with this clause 10 (as the case may be) and are inspected by the Seller.
8. If the Buyer requires cancellation of the Contract prior to dispatch, this will only be accepted at the sole discretion of the Seller and unless otherwise agreed in Writing only upon condition that any costs, charges or expenses (both direct and consequential) incurred by the Seller up to the date of cancellation and the value of all loss or damage (both direct and consequential) incurred by the Seller by reason of such cancellation will be reimbursed by the Buyer to the Seller forthwith. Acceptance by the Seller of any cancellation by the Buyer will only be binding upon the Seller if it is made in Writing. Should an order be amended or cancelled after 3 days following placement of order either via receipt of a purchase order or receipt of payment, will be subject to a material and labour charge or a re-stocking fee. Details of costs can be requested prior to any cancellation or amendment.
CANCELLATION BY US
1. We reserve the right to cancel the contract between us if:
  1. we have insufficient stock to deliver the goods you have ordered;
  2. we do not deliver to your area; or
  3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2. If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
GOODS AND MATERIALS MANUFACTURED BY THIRD PARTIES
1. Where the Goods which are the subject of the Contract are not manufactured by the Seller and are delivered direct to the Buyer or collected by or on behalf of the Buyer from the manufacturer or other third party, the Seller shall not be liable for any loss or damage to such Goods whatsoever or whensoever occurring.
TITLE & RISK
1. Risk of damage or loss of the Goods shall pass to the Buyer, in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection, or in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery.
2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and of all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
3. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored protected and insured and identified as the Seller’s property, not remove, deface or obscure any identifying mark on or relating the Goods that clearly identify them as belonging to the Seller. Until that time the Buyer shall be entitled to resell or use the Goods in the course of its business but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
4. Subject to Conditions 14.5 and 14.6, the Buyer shall be at liberty to sell the Goods supplied in trust to pay to the Seller such sums to which it is entitled under the provisions of the Contract provided that the sums due to the Seller shall be kept separate from any moneys of the Buyer and/or any third party; any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and any such sale shall be a sale of the Seller’s property on the Buyer’s own behalf and the Buyer should deal as principal when making such a sale. Notwithstanding the provisions of this Condition 14.4, the Buyer may retain from the proceeds of such sale any sum in excess of the sum or sums to which the Seller is entitled under the Contract or any other Contract between the Seller and the Buyer.
5. The Seller may at any time revoke the Buyer’s conditional power of sale contained in Condition
6. by giving 24 hours’ prior notice in Writing of such revocation and without notice in the event of the Buyer being in default for longer than 14 days in the payment of any sum whatsoever due to the Seller from the Buyer (whether in respect of the Goods and/or Services which are the subject of the Contract or in respect of any other Contract between the Seller and the Buyer) or if the Seller has bona fide doubts as to the solvency of the Buyer.
7. The Buyer’s right of possession of the Goods and conditional power of sale contained in Condition 14.4 shall automatically cease if:
  1. a receiver or administrative receiver is appointed over the whole or any part of the assets or the undertaking of the Buyer or a winding up order is made against the Buyer or the Buyer goes into voluntary liquidation (except solely for the purpose of reconstruction or amalgamation) or calls a meeting or makes any arrangement with its creditors or becomes subject to an administration order or commits any act of bankruptcy; or
  2. the Buyer pledges or in any way charges by way of security for indebtedness the whole or any part of the Goods.
8. Should the Contract require the installation of the Goods at or in the premises of any third party, the Buyer shall notify the third party before installation begins of the terms of this Condition 14 and obtain the acknowledgement in Writing of the third party (sending a copy thereof to the Seller) that the third party has noted the terms of this Condition 14 and concedes the rights of the Seller under it as if the Contract was made by the third party directly with the Seller.
9. The Seller will have the right to maintain an action against the Buyer for the price of the Goods notwithstanding that property in the Goods has not passed.
10. The Buyer grants the Seller, its agents, and employees an irrevocable licence at any time to enter the premises where the Goods are or may be stored with or without vehicles in order to recover them. Where the Buyer’s right to possession has terminated, on termination of the Contract, howsoever caused, the Seller’s (but not the Buyer’s) rights contained in this Condition 15 shall remain in effect.
11. The Seller shall be entitled to recover the Price notwithstanding that property in any of the Goods has not passed from the Seller.
WARRANTIES & LIABILITY
1. The Seller’s liability under this Condition shall automatically cease if:
  1. the Buyer shall not have paid for all Goods supplied and/or Services provided under any Contract by the due date or is otherwise in breach of this or any other contract made with the Seller; or
  2. the Seller or its servants or agents are denied full and free right of access to the allegedly defective Goods and/or Services or the Buyer has not properly kept, used and maintained the Goods strictly in accordance with the manufacturer’s or the Seller’s instructions (if any); or
  3. the defect or failure is caused by wilful damage, interference, dirt, neglect, mis-use, accident or abnormal working conditions or continued use after a defect has become apparent; or
  4. the defect or failure is caused by defective, maintenance or incorrect installation of the Goods by an agent or contractor of the Buyer; or
  5. the defect or failure is caused by wear and tear; or
  6. the Buyer has failed to notify the Seller in Writing of any loss, defect or suspected defect within 3 days of the Date of Delivery; or
  7. if such defect or failure arises because of any inaccurate or incomplete information or details supplied by the Buyer or in any defect or inaccuracy in any design, patterns, equipment, or other property of the Buyer; or
  8. the Buyer has modified the Goods in any way.
2. The Seller will not accept any claim for any indirect or consequential loss of any kind, financial loss, loss of profit or loss of use howsoever caused.
3. No claim will be entertained by the Seller if made where the materials have been incorporated, whether by or on behalf of the Buyer, or by anyone else, into other Goods.
4. The Seller’s liability for any failure to supply or any defects or want of quality in the Goods supplied hereunder shall not exceed an amount equivalent to the Price save in the case of death or personal injury where the Seller is shown to have been negligent in the supply of Goods.
5. All implied terms, conditions and warranties relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.
6. Any Goods that are designed for access control purposes are designed to deter unauthorised access. For the avoidance of any doubt, the Seller gives no warranty that the Goods or installation thereof will prevent authorised access and the Seller shall not be held liable for any loss or damage howsoever arising as a result of unauthorised access to the Buyer's property by any third party whether a trespasser or otherwise or unauthorised interference with the Goods.
7. The Buyer acknowledges and agrees that some goods supplied by the Seller which are made of wood have been machine finished and pressure treated for long life. As a result, the wood has a moisture content which under certain conditions, including but not being limited to sun, air and earth, will periodically shrink and expand and cause stress cracks in line with the grain.
8. The Seller does not warrant that any two items supplied by it will be identical in colour and the Buyer acknowledges that it shall have no recourse against the Seller in this regard unless the differential in colour (when originally stated to be the same by the Seller) is material.
INSOLVENCY OF BUYER
1. If the Buyer fails to make payment for the Goods in accordance with the Contract of sale or commits any other breach of this Contract of sale or if any distress or execution shall be levied upon any of the Buyer’s property or the Goods or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver administrator administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceedings under foreign law or if any such matter as provided for in this clause is reasonably apprehended by the Seller all sums outstanding in respect of the Goods shall become payable immediately.
2. The Seller may also in its absolute discretion, and without prejudice to any other rights which it may have, exercise any of its rights pursuant to clause 11 above.
HEALTH & SAFETY
1. The Buyer shall ensure that the Goods are offloaded, located and used properly and responsibly in accordance with the Health and Safety at Work Act 1974 and any other relevant statutory provisions.
2. The Buyer is solely responsible for the removal and disposal of any packaging in respect of the Goods.
FORCE MAJEURE
1. The Seller shall not be liable for any failure to deliver Goods arising from circumstances outside the Seller’s control.
2. Non-exhaustive illustration of such circumstances would be an act of God, war, riot, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, Government action or regulations (UK or otherwise), delay by suppliers, epidemic and pandemic, accidents and shortage of materials, labour or manufacturing facilities.
3. If the circumstances preventing delivery are still continuing three months after the said circumstances have arisen, then either party may give written notice to the other cancelling the Contract and neither party shall be under any further liability to the other except that the Buyer shall be liable to pay the Contract price less a reasonable allowance for what has not been performed by the Seller.
WAIVER
1. A waiver of any right or remedy by the Seller under the Contract or by law shall only be effective in writing and shall not be deemed a waiver of any subsequent breach or default.
2. A failure or delay by the Seller to exercise any right or remedy provided under this Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
SEVERANCE
1. Any provision of this Contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this Contract.
ASSIGNMENT
1. This Contract is personal to the Buyer and the Buyer shall not assign any of its rights or obligation under it without the Seller’s written consent.
NO SET OFF
1. The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off, deduction or counterclaim which the Buyer may have or allege to have or for any reason whatever.
2. The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.
GOVERNING LAW & JURISDICTION
1. All Contracts between the Seller and Buyer shall be governed in all respects by the law of England and the Buyer hereby submits to the exclusive jurisdiction of the English courts.
PRIVACY
1. We will record your personal details for the purpose of processing your order and for a reasonable period after your order is completed as required for audit and record-keeping purposes. By using this site, you consent to such processing, and confirm that the information you provide is complete and accurate. By placing an order, you also represent and warrant to us that you are legally capable of entering into a binding contract, that you are at least 18 years old, that you are resident in the UK and that you are accessing our site from the UK.
INTELECTUAL PROPERTY
1. We own or are the licensee of all intellectual property rights in the Barricade Ltd website and the material published on it. These rights are protected by copyright, trademarks, database and other intellectual property rights worldwide. You may retrieve and display the content of the Barricade Ltd website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Barricade Ltd website without obtaining a written licence from Barricade Ltd.
2. No licence is granted to you to use any trademark belonging to Barricade Ltd or its affiliated companies including, without limitation, the trademark and/or trading name “Barricade Ltd”.
PRODUCT PRICING & DESCRIPTION
1. We take every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing, and all products have been fairly described. However, please note the following:
2. Colour and appearance on the website will vary according to the resolution and the screen type of your computer. Therefore, we cannot guarantee that the appearance or colours of the products shown on the site exactly reproduce the appearance or colours of the products themselves.
3. The weights, dimensions and capacities given are approximate only; please note photographs may be representative of the available product options.
4. Where products are to be placed in a coastal location, customers should be aware they may need to ask about upgrading to marine quality finish, as all products are offered in standard quality.
5. Packaging may vary from that shown.
6. A price list, product description or other document may contain slight mistakes or omit some details, as usually referred to as E&OE (Errors and Omissions Excepted).
OUR RIGHT TO VARY THESE TERMS & CONDITIONS
1. We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
2. You will be subject to the policies and Conditions in force at the time that you order products from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the invoice/email confirmation (in which case we have the right to assume that you have accepted the change to the Conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

The one-stop-shop for all your street furniture requirements

The one-stop-shop for all your street furniture requirements

Terms and conditions