Bark & Steel Ltd is hereby referred to as We, our and us. The other party entering into this contract is hereby referred to as the customer. The fulfilment of this contract is hereby referred to as The Service.
This contract shall be governed by English Law and no other
Prices stated in the accompanying quotation are exclusive of VAT unless expressly stated otherwise. Firm price quotations are valid for a period of 28 calendar days after which time they may be subject to alteration. Where quotations are based on details provided by the Customer, such quotations are subject to the accuracy of those measurements and/or information.
Payment is required upfront with order unless stated in the final quote, this is usually a deposit of 50%.
We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to the agreed credit terms
Where we are undertaking a design as part of your order, we will issue a written proof for your approval in advance of fabrication.
Regardless of the detail of the rough/design original that you submit to us, it is your responsibility to check that every detail of the proof is to your satisfaction prior to giving us your approval to proceed.
It is the customer’s responsibility to ensure that there is reasonable access and that the goods ordered can be physically manoeuvred into the required locations. I.e. we cannot accept responsibility for not being able to move items up staircases or through doorways etc. It is also the customers responsibility to ensure, prior to the installation works starting, all furniture is removed from the area of the installation
Cancellation and Return
Because we work to tight deadlines and cannot reverse production once started, we do not accept cancellation of bespoke orders once placed. The customer and those acting on behalf of the customer MUST ensure they are happy with the quotation and these terms before placing an order. We will give reasonable consideration to minor amendments to specifications and do what we can to be flexible to the extent that The Service allows, entirely at our discretion. No credit will be made for goods that have been customised to your requirements.
Damage in Transit
We do ensure that goods are appropriately packaged. In order that we can fully compensate you for goods that get damaged in transit to you, normally by replacing the goods in question, you must ensure that parcels are NOT signed for as received in good condition without first checking that the goods fit that description. Larger items are especially vulnerable and, we suggest that those who will sign for receipt of goods are advised of the delivery in advance and requested to inspect the items before signing for them.
We warrant all standard products against any defects in materials and workmanship for a period of 12 months from the date of purchase. For non-standard and bespoke products this period may be reduced or extended depending on the nature of the project at our discretion.
Limitation of Liability
We accept liability for errors or omissions in our services and our own negligence to the extent stated but not otherwise. Except where expressly contained in these Conditions, we have no obligation, duty or liability in Contract, tort (including negligence) or otherwise.
Our liability in Contract, tort (including negligence) or otherwise for errors or omissions in any part of the Service, which may arise from any failure by us to exercise the reasonable skill and care of a competent service provider, will be limited to the provision of Services of the same nature as those originally provided in order
to correct such errors or omissions provided we are notified of the errors or omissions within 6 months following completion of such part of the Service.
We do not exclude or restrict liability for death or personal injury resulting from our own negligence.
Our liability in Contract, tort (including negligence) or otherwise arising in connection with this Contract will be limited to: (a)£1,000,000 in respect of loss or damage to the Customer's property to the extent caused by the negligence of us or our employees or sub-contractors while working on the Client's premises under this Contract; (b) The charges due under this Contract, in respect of all other liability.
We will not be liable in Contract, tort (including negligence) or otherwise for loss (whether direct or indirect) of profits, business, or anticipated savings or for any indirect or consequential loss whatever.
The Customer will indemnify us against any actions, proceedings, claims or demands arising out of or in any way connected with the Service brought or threatened against us by a third party which are caused by, or arise from, any act we carried out pursuant to the instructions of the Customer.
Each provision of this Section limiting or excluding liability operates separately in itself and survives independently of the others.