Terms & Conditions
Welcome to our Terms & Conditions page
Please click the relevant link below to be taken directly to the specific T&C's:
- Click Here for Grounds Maintenance Contracts T&C's
- Click here for Tree & Vegetation Works T&C's
- Click Here for Project Works T&C's
Grounds Maintenance Contacts T&C's
1.1 - These terms and conditions shall apply to the provision of services by the" Supplier" to the "Client".
1.2 - The following methods are deemed to be, and shall be accepted, as official approval and Agreement from the Client to the Supplier in the full.
1.3 - In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Supplier in writing.
2.1 - In this Agreement, unless the context otherwise requires, the following definitions have the following meanings:
A day (excluding Saturdays & Sundays) on which banks generally are open for the transaction of normal banking business.
Any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Supplier.
"The Commencement Date"
The commencement date for this Agreement as set out in the contract.
“ARC” – Annual Rolling Contract
A contract or agreement with an Annual Rolling end date shall roll over for another full annual term each and every 12month period from the original start date.
“Fixed Dated Contract”
A contract or agreement with a specifically dated termination date – (dd/mm/yy)
The services to be provided by the Supplier to the Client as set out in any supplied specification.
"The Supplier"Barge Group Ltd, it's staff & agents.
2.2 - Any reference in these conditions to a statute, or a provision of a statute, shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2.3 - The headings in these conditions are for convenience only and shall not affect their interpretation. The Service:
3.1 - All contracts are binding and for the full term stated on the contract document.
3.2 – Before the end of a fixed dated contract period, the Client can request for a 2 year extension or to be switched on to an ARC, which will again be fully binding for the term of the extension. With exception to clause 3.3
3.3 – Where a Fixed Dated Contracted has come to the end of its term with no clear instruction from the client, the client shall by in doing so be automatically accepting to be placed on a 6 month rolling contract which shall be fully binding and shall continue to roll until either party gives notice of termination or active renewal (see clause section 7).
3.4 - The Client shall be held to have, by their own independent observation and enquiries, fully informed and satisfied themselves as to the nature, extent, means by which completion shall be achieved with the items laid out within any contract specification and frequency of service.
3.5 - The Client shall be held to have, by their own independent observation and enquiries, fully informed and satisfied them self of the condition of each item(s) stated within any specification, including the rate of growth and impact of such on the Site requirements and expectations between the stated frequency cuts or supply of service for each task.
3.6 - The purpose of a Grounds Maintenance Specification with the Supplier is for them to provide the Client with competent named grounds person(s) on a regular basis to carry out the service of routine landscape maintenance to the standard and frequency stated within the contract specification, for the whole duration of the contracted term.
3.7 - All quantities relating to the frequency of tasks within the specification of any contract are subject to the limitations of the environment. In the example of poor weather or the effects to the landscape due to poor weather and the result meaning that the target number of times a task is to be completed have not been achieved. The Supplier will not be held liable for any refunds where he can demonstrate that they were willing to carry out the tasks required.
3.8 - With effect from the Commencement Date the Supplier shall, in consideration of the fees being paid in accordance with the terms of payment will provide the services expressly identified in the Maintenance specification or otherwise agreed under this Agreement.
3.9 - The Supplier will use reasonable care and skill to perform the services identified in the Grounds Maintenance Specification or otherwise agreed under this Agreement.
3.10 - The Supplier shall use all reasonable endeavours to complete its obligations under the Grounds Maintenance Specification. Time will not be of the essence in the performance of these obligations, except for those which are a supply of Services for a set duration of time.
3.11 - The Supplier shall train its staff to undertake specific actions, and where possible ensure all staff shall undertake proficiency certification.
3.12 - The Supplier will cut the entire of any grassed area to a recognised industry standard for the intended use. The Supplier will not be held responsible for grass clumping due to damp weather conditions where grass arisings are to remain on site and uncollected.
3.13 - When carrying out soft landscaping works, ie planting, turfing, seeding, the Supplier will ensure that the ground is prepared to good horticultural standard and ensure plants are healthy when introduced. On completion of the job it is the Client’s responsibility to maintain soft landscaping by way of watering and feeding to ensure successful establishment. Should any soft landscaping deteriorate due to lack of water, pests and diseases or climatic conditions The Supplier will not be responsible, other than when a specific maintenance contract has been agreed prior to works commencing.
3.14 - No workmen employed by the Supplier are to be allowed to trespass on adjoining properties without the Client gaining permission from the land or property owner first. It shall solely be the Clients responsibility to obtain permissions for any works where we require the access or use of adjoining property. The Client shall indemnify the Supplier against any claim or action for damages on account of any works carried out on adjoining land.
3.15 - In some circumstances the Supplier may (at its discretion) supply some preliminary contract / project related services free of charge (FOC) such as TPO applications, specification documents & drawings. Such services are rendered free of charge on the basis that upon completion the Supplier will be awarded the contract / project. In the instance of the contract / project being awarded to another Supplier, and the FOC articles being used on said contract / project, the Client may be liable for fees and charges in relation to producing the preliminary service.
4.1 - The Client agrees to pay the fees in accordance with the terms of payment.
4.2 - In addition the Supplier shall be entitled to recover from the Client his reasonable incidental expenses for materials used and for third party goods and Services supplied in connection with the provision of the Services that were outside the control and scope of original pricing.
4.3 - The Client will pay the Supplier for any additional services provided by the Supplier that are not specified in the Maintenance specification in accordance with the Supplier's then current, applicable daily rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for the expenses.
4.4 - All sums payable by either party pursuant to this Agreement are exclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that party shall be additionally liable.
4.5 - The Supplier may, at its discretion, increase the contracted price to cover unexpected increases in costs to the Supplier which affect the contract directly (such as fuel, wages, H&S legislation, DVLA regulations ect).
4.6 - The Supplier may, at its discretion, apply an annual contract uplift % based on DTI Inflation Uplift Figures produced by the UK Government Annual Budget (April).
5.1 - All costs supplied and or submitted by the Supplier are exclusive of VAT at the prevailing rate.
5.2 - All payments required to be made pursuant to this Agreement by either party, shall be made within 30 days of the date of the relevant invoice by cheque/BACS in cleared funds, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
5.3 - The time of payment shall be of the essence of these terms and conditions. If the Client fails to make any payment on the due date, in respect of the price or any other sum due under these terms and conditions then the Supplier shall, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 8 per cent and the base rate of the Bank of England. Such interest shall be calculated cumulatively on a daily basis and accrue after as well as before any judgement.
5.4 - For contract or project total costs which are calculated annually and divided by 12 equal monthly payments. Any alterations and adjustments made to any contract resulting in a reduction in service and thus a financial difference in cost will, only see the adjustments to any invoices being made once any outstanding costs for the redundant or already given service have been recuperated by the Supplier.
Variation and amendments:
6.1 - If the Client wishes to vary any details of the Grounds Maintenance Specification it must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client and the new details added to any existing contract or Agreement.
6.2 - No unauthorised alterations, additions, conditions or notes shall be made to any contract by the Client. All alterations shall be made by the Supplier, where a contract renewal or amendment shall be drafted, approved and signed by both the Client and the contractor as to make it official.
6.3 - The contract sum shall remain fixed for the duration of the contract unless there are changes, alterations or additions required to the level of service required or such increases that the Supplier deem necessary under section 4.5.
6.4 - If, due to circumstances beyond the Supplier’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Client forthwith. The Supplier shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
6.5 - If the Client wishes to request works that are covered within the specification, but wishes to have the works undertaken outside of the set frequency or set visit date, the Client may be liable for the provisional item additional charges as laid out in your Grounds Maintenance Contract.
6.6 - Unless agreed in writing at the commencement of a Contract, any suspension or part suspension of service / access or variation of service / access enforced by the Client and suffered by the Supplier due to building works shall not be financial compensated by the Supplier to the Client. The Client shall be bound by their full terms of payment for the duration of the Contract. The supplier shall not be found in breach of their obligations of service where building works prevent access or egress to the Suppliers areas of work.
6.7 - Upon their completion, where major building works have altered the layout of the Clients site and the areas to be maintained by the Supplier, it is at the Suppliers sole discretion whether any fee reduction or increase may be applicable for the remainder of the Contract duration. This decision will not be made until the works are completed and the site can be re-assessed.
Termination: ( Please also see 3.2 & 3.3)
7.1 - The Supplier may terminate the Agreement forthwith if:
7.1.1 - The Client is in breach of any of its obligations hereunder; or
7.1.2 - The Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or
7.1.3 - The Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or
7.1.4 - The Client ceases or threatens to cease to carry on business; or
7.1.5 - The Client makes payment later than 21 days after the due date. This is with exception of invoices or works in dispute, which if not mutually resolved between the Client and the Supplier shall be referred to an agreed third party authority with the aim of the dispute being settled within 21 days of the original invoice due date.
7.1.6 - Where the Client imposes or makes changes to restrictions on when and how the Supplier can operate to complete the required supply of Service which have not been noted or recorded within the original contract.
7.1.6 - Any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination of the service through no fault of the Supplier) arise that necessitate for whatever reason the termination of the provision of services.
7.2 - All Agreements are binding under the forms, notations and statements of the Suppliers terms and conditions. Where the Client wishes to cancel an Agreement with exception to clauses 7.5 the Client will be liable to pay the remaining Agreement period value in whole within 30 days of notification in writing to the Supplier.
7.2.1 - Where the Client has become bound by any form of contract rolling over and the client wishes to cancel the contract then they shall be bound by clause 7.2
7.2.2 - The Supplier may cancel the Agreement at any time giving 2 months notice where the Supplier can no longer maintain, expected standard of works, required service due to cost implications and or undergoing company restructuring.
7.3 - In the event of termination under clause 7.1 the Supplier shall retain any sums already paid to it by the Client without prejudice to any other rights the Supplier may have whether at law or otherwise.
7.4 - The Supplier shall also operate a level system for the purpose of performance correction and contract termination for the Client.
7.4.1 - Level 1 - Where a service outlined within the main Agreement has been identified by the Client to the Supplier in writing as being missed or delayed within 10 working days of it being due, the Supplier shall either be required to get the works completed within the an additional 10 working days of notification or offer the Client and additional service to the same value within the same Agreement year. This is with exception to clause ( 7.1.5.) and where environmental limitations or situations posed by a third party, company or service have restricted the ability to carry out the works in the first instance.
7.4.2 - Level 2 - In the instance of proven poor workmanship after works have been completed and have been reported to the Supplier by the Client in writing. The Supplier shall aim to where required under the specification of the works complete the works to the correct standard within 10 working days to notification.
7.4.3 - Level 3 - In the instance of gross misconduct or contravention of health and safety regulations leading to the injury of an authorised site user.
7.5 - The Client is entitled to cancel the supply of Service with the Supplier if the following quantities of levels of performance are proven within the described time scale via an agreed third party authority. In the instances where a Client's contract covers more than one site location or premises then only the single affected site or premises shall be eligible for forfeit for the provision of service.
7.5.1 - Level 1 - 4 or more instances within a 2 month period from the first written notification to the Supplier of failure to provide the specified service agreed , when the Supplier has made no attempts to correct the issues or suitable attempts to meet the corrective time periods for at least 2 of the failures.
7.5.2 - Level 2 - 4 or more instances within a 2 month period from the first written notification to the Supplier of failure to provide the specified service, when the Supplier has made no attempts to correct the issues or suitable attempts to meet the corrective time periods for at least 2 of the failures.
7.5.3 - Level 3 - where gross misconduct or injury to an authorised site user is proven by a third party authority to be the fault of the Supplier on one or more occasions then the Client may give the agreed notice period for cancellation.
Examples of what can be defined as gross misconduct are detailed below (non exhaustive);intoxication (whether from drink or drugs), fighting or other physical abuse, indecent behaviour, theft, serious breaches of health and safety regulations, offensive behaviour (such as discrimination, harassment, bullying, abuse and violence) , intentional wilful (Non accidental) damage to property
8.1 - All staff employed directly by the Supplier shall be DBS ( Disclosure Barring Service ) checked. This shall be applied for on first day of joining and shall be made available once received.
8.2 - All staff employed directly by the Supplier shall be suitably trained and or experienced in the tasks being undertaken.
8.3 - The client shall make power, water and welfare facilities available to our staff for the duration of a project. Where this is not possible, notification shall be given at the tender stage. If you require us to provide any of the aforementioned and notification is given after the tender stage the price will be altered accordingly.
9.1 - Either party may sub-contract the performance of any of its obligations under this Agreement without the prior written consent of the other party. Where either party sub-contracts the performance of any of its obligation under this Agreement to any person with the prior consent of the other party, that party shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of the party itself.
10.1 - Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Supplier’s servants or agents or otherwise) in connection with the performance of this contract or with the use by the Client of the Services supplied, where so far as risk has been assessed and all possible and necessary precautions taken by the Supplier to prevent damage.
10.2 - The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.
10.3 - The Supplier shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations if the delay or failure was due to any cause beyond the Supplier's reasonable control.
10.4 - Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Client shall be joint and several obligations of such persons.
11.1 - Neither the Supplier nor the Client shall be liable to the other or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the services, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-
11.2 - Act of God, explosion, flood, tempest, fire or accident;
11.3 - War or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.4 - Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;11.5 - Import or export regulations or embargoes;
11.6 - Strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Supplier or the Client or of a third party);
11.7 - Difficulties in obtaining raw materials, labour, fuel, part or machinery;
11.8 - Power failure or breakdown of machinery.
12.1 - No waiver by the Supplier of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this Agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.
12.2 - No failure or delay on the part of any party in exercising any right, power or privilege under this Agreement shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of any other right, power or privilege.
13.1 - If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
14.1 - The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Supplier's services or facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
Notices and Service:
15.1 - Any notice or other information required or authorised by this Agreement to be given by either party to the other shall be given by sending via pre-paid registered post, email or other comparable means of communication.
15.2 - Any notice or information given by post in the manner provided by Clause 14.1 which is not returned to the sender as undelivered shall be deemed to have been given on the tenth day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.
15.3 - Any notice or information sent by e-mail or comparable means of communication shall be deemed to have been duly given on the date of transmission, provided that a confirming copy of it is sent to the other party 24 hours after transmission.
15.4 - Service of any document for the purposes of any legal proceedings concerning or arising out of this Agreement, shall be effected by either party by causing such document to be delivered to the other party at its registered or principal office, or to such other address as may be notified to one party by the other party in writing from time to time.
Applicable Law and Jurisdiction:
These terms and conditions shall be governed and construed in accordance with English and Welsh law and the parties shall submit to the non-exclusive jurisdiction of the English and Welsh courts.
Tree & Vegetation Works T&C's
These Terms and Conditions apply to all transactions and agreements between Barge Group Ltd and its clients.
1.1. Contractor: Barge Group Ltd, its staff and agents acting upon its behalf
1.2. Client: Company, organisation or person commissioning specified works,
1.3. Quotation: written specification of the works as discussed on site and sent to the client in writing
1.4. Works: refers to tree surgery, arboricultural advice and liaison with local authorities
1.5. Contract: agreement between Barge Group Ltd and a client in which the client requires us to undertake certain specified works and Barge Group agrees to do this for a given remuneration
2.1. All quotations and cost estimates are without obligation
2.2. All quotations are exclusive of VAT
2.3. Quotations are valid for six weeks from their date of issue, after which time the contractor is entitled to draw up a new quotation/amend costs
2.4.Unless specifically stated the grinding of stumps is excluded from any price unless stated
2.5. Following felling of a tree, stumps will be left at between 300mm – 900mm dependant of the safety requirements of the site.
2.6. In the case of vegetation clearance, we will not be held liable for the removal or processing cost of fly tip, litter and excess soil above the surrounding ground level that was not visible at the tender stage unless agreed to in writing, excess litter, fly tip and soil processing and removal will result in additional charges.
Entering into an agreement, execution of commission
3.1. The contract takes effect on acceptance by the client in writing, of the quotation submitted by the contractor
3.2. The contractor commits itself to executing the works to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to the client’s requirements and in compliance with all relevant regulations and standards
3.3. The contractor shall take all necessary steps to ensure that the worksite is left clean, tidy and safe on completion of all works
3.4 All quotes that contain multiple lines are subject to minimum labour charges at the point of order.
3.5 - The client shall make power, water and welfare facilities available to our staff for the duration of a project. Where this is not possible, notification shall be given at the tender stage. If you require us to provide any of the aforementioned and notification is given after the tender stage the price will be altered accordingly.
Alteration/withdrawal/end of contract
4.1. No order confirmation once accepted to us in writing may be cancelled without our written consent. 4.2 If an order is cancelled within 48 hours of order confirmation, and our written consent is given for a cancelled order, the company is entitled to charge you a fee of 20% of the order value, to a maximum of £1,000. 4.3 If an order is cancelled after 48 hours from order confirmation, and our written consent is given for a cancelled order, the company is entitled to charge you a fee of 30% of the full order value.
4.4. Costs of any additional works requested by the client falling outside of the original quotation will be specified in an additional quotation
4.5. The contractor reserves the right to delay or cancel works that: (a) are deemed a potential hazard (b) are affected by inclement/dangerous weather (c) interfere with the safe retention of wildlife habitats (d) are compromised by unforeseen circumstances
4.6. In the event of a contract being withdrawn by the client after works have commenced, he/she will pay the contractor 100% of the remuneration agreed upon at the start of the contract
4.7. In the event of bankruptcy or liquidation of the client, the contractor is entitled to delay the contract, ask immediate payment of the remuneration agreed upon or annul the contract
4.8. In the event of a force majeure, including all exterior causes (foreseen or unforeseen) over which the contractor has no influence and which prevents it from meeting its obligations, the parties will agree to either suspend or annul the contract
4.9. The contractor’s contractual obligations end upon receipt of a written statement by the client approving the works undertaken. The client’s contractual obligations end upon receipt of the remuneration by the contractor
5.1. The contractor is responsible solely for damage that is the direct and demonstrable result of a shortcoming for which the contractor can be held accountable
5.2. The client shall be soley responsible to ensure an access route, free from obstructions is available for the transportation of waste, and although every effort will be made to protect property from damage, we will not accept liability for damage to property during the waste transfer process (From tree to chipper)
5.3. The contractor does not accept liability for any damages to (underground) services that were not advised of by the client prior to commencement of the works
5.4. The client is responsible for informing neighbours in the event where works need to be carried out on their tree and which necessitates access to their property
5.5. The client is bound to indemnify the contractor from any claims from third parties arising after completion of the works
5.6. It is the Clients responsibility under the CDM regulations to provide a comprehensive site survey including the provision of detailed under / over ground service information (electricity cables, gas pipes etc). No liability shall be accepted by us for damages to services or consequential actions if comprehensive site survey is not accurate or not provided by the client.
6.1. The contract price takes into account factors such as travelling time, site conditions, parking costs, arrangements with local authorities regarding the safeguarding of the area, manpower required and the need for hired equipment
6.2. Invoices should be paid on completion of works, unless agreed otherwise. The contractor reserves the right to charge interest on fees outstanding for more than 30days.
Legal System applicable
7.1. The law of the United Kingdom applies to all legally binding transactions between the client and the contractor
Project Works T&C's
1.1 - We will sell and you will purchase the Goods subject to these Conditions. These Conditions set out the entire agreement between you and us, save for any variations agreed in writing by us and attached hereto.
1.2 - The “Goods” means the goods and/or services that we have agreed to supply to you (including the equipment, installation and any other preparatory or ancillary work).
1.3 - No order is deemed to be accepted until confirmed by us in writing.
1.4 - You are responsible for ensuring that your order is accurate and for providing us with such information as we require to complete the order.
1.5 - All rights expressly reserved or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
Basis of Sale:
2.1 - These Conditions shall apply to all contracts for the sale of Goods by us to you to the exclusion of all other terms and conditions, including any terms or conditions which you may purport to apply under any purchase order, and no variation of these Conditions shall be binding unless agreed in writing by us and attached hereto.
2.2 - We shall notify you as to whether we are supplying the Goods on a ‘supply only’ basis or an ‘install’ basis. Where we are providing a ‘supply only’ basis, such of these Conditions as relate to installation only shall not apply.
2.3 - Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. In entering into a contract to purchase Goods, you acknowledge that you do not rely on any such representations which are not so confirmed.
Orders and Specifications
3.1 - We will take no responsibility for any drawings, specifications and particulars submitted by you and if the Goods are to be manufactured or any process is to be applied to the Goods by us in accordance with a specification submitted by you, you shall indemnify us against all loss, damages, costs and expenses incurred by us in connection with settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights if any other person which results from our use of your specification. We reverse the right to make changes in the specification. We reserve the right to make changes in the specification of the Goods which are required to conform to any applicable statuary or EU requirement.
3.2 - All descriptions, illustrations and other material contained in our advertising material are intended merely to present a general description of the Goods therein and none shall form part of the Contract .
3.3 - If the signing-off of our installation is dependent on a third party (e.g. Council, H&S Executive), you must inform us upon placing your order as subsequent notification will affect the delivery date, installation date and price.
4.1 - You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery (including outside normal business hours). You must ensure that an authorised representative is present at the time of delivery in order to ensure access and take delivery.
4.2 - Where the Goods are to be delivered by instalments, each instalment shall constitute a separate contract into which these Conditions shall be incorporated. Failure by us to deliver any instalment shall not entitle you to treat these Conditions as repudiated.
4.3 - Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed in writing by us.
4.4 - You shall be required to ensure all the Goods are present at the time of delivery and you will be required to sign for the delivery of the Goods. A full breakdown of the Goods delivered will be provided upon delivery. It is your responsibility to ensure the Goods are checked in their entirety. We will accept no responsibility for shortage of Goods once they have been signed for. If Goods are accepted from a carrier without being checked or signed for as unchecked, we will take no responsibility for any damages or shortages .
4.5 - No claim for damage in transit, shortage of delivery or loss of Goods or materials will be entertained unless, in the case of damaged in transit or shortage of delivery, a separate notice in writing is given within 48 hours of receipt of the Goods.
4.6 - We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice, and may also deliver at a date earlier than the proposed installation date. You must advise us at the time of placing your order if this is not acceptable as subsequent variations will affect the delivery date, installation date and price.
4.7 - If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
4.8 - If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery, then we reserve the right (without prejudice to clause 17) to:
(a) Store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; and/or
(b) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the agreed price, or charge you for any shortfall below the agreed price.
5.1 - You must ensure that an authorised representative is present at the time of installation or any preparatory work being carried out in order to ensure access to the premises and provide confirmation as to design and layout.
5.2 - We will cordon off the installation area using temporary orange fencing. If you require more substantial fencing, you must advise us before the agreed delivery date. The price will be altered accordingly.
5.3 - Any dates quoted for installation or any preparatory works are approximate only and we shall not be liable for any delay howsoever caused. Time for installation shall not be of the essence unless previously agreed in writing by us. Where we need to change an installation or preparatory work date, we will give you at least 24 hours’ prior notice, whenever practical.
5.4 - You must ensure that there are no loose aggregates on the surface where any markings are to be applied or any Goods to be installed.
5.5 - You acknowledge that installation of floor markings is completed by a specialist team and may not take place on the same day as installation of the Goods.
5.6 - You acknowledge that we may need access to the premises outside normal business hours.
5.7 - Although we shall take reasonable steps to avoid causing damage to floor, surfaces and access routes, we shall not be liable for such damage (unless caused by our negligence or wilful default) when you have given us permission to access such floor, surface or access routes.
5.8 - All Goods supplied and/or installed shall be to the correct standard at the completion of the job. Ongoing maintenance & repairs shall be the responsibility of the client. We will not be held liable for any failure caused by misuse.
5.9 - Where live plants / grass have been installed as part of a project, we will ensure their survival until hand over of the project. Following hand over the client shall be responsible for the survival of plants / grass by watering and horticultural maintenance. If at the client requests the site is stood down and the project suspended, the client shall assume responsibility for the survival of the plants / grass, subject to an agreed safe method of access to site. Where a safe route cannot be secured for the client, the client shall be responsible to all costs bourne by us in order for us to maintain the plants.
5.10 - Where installation of surfacing is onto a sub base prepared by others, we can accept no liability for failure of the surfacing caused by failure of the sub base.
5.11 - Where large expanses of artificial grass are laid, or where artificial grass is laid around items, joints may be visible.
5.12 - Where repairs to any item or surface are carried out, colour differences are to be expected. Items and surfacing may differ in its looks due to wear of the existing surface.
5.13 - Where critical fall height surfacing is required, it is the client’s responsibility to ensure the suitability and subsequent testing of the material to ascertain its suitability for purpose.
5.14 - The client shall make power, water and welfare facilities available to our staff for the duration of a project. Where this is not possible, notification shall be given at the tender stage. If you require us to provide any of the aforementioned and notification is given after the tender stage the price will be altered accordingly.
5.15 - Should Installation works be prevented by the client or client’s authorised representative for any reason within 24 hours of any installation day, we reserve the right to charge a wasted day charge. The client agrees to pay this charge within the agreed payment terms.
5.16 - Should the client require any site specific work permits, risk or method statements or employee or sub-contractor certifications to allow works, these should be requested by the client a minimum of 28 days before works commence on site or at the time of order if works are to be undertaken within 28 days. Wasted day charges may be applied if such requests are not received within specified times.
5.17 - All installation or civil engineering quotations are given assuming unrestricted good hard vehicular access to site, soft ground conditions on site which require no machines to dig foundations and no underground obstructions or any materials which cause a hard dig. We have assumed the formation of the ground that we will be working on and gaining access across will be capable of bearing the weight of our work vehicles, delivery vehicles and any specialist equipment including but not limited to excavators, Dumpers and 8 wheeled lorries as required.
5.18 - All installation or civil engineering quotations are given in good faith and without digging into the ground. Once works commence, should site conditions require additional works or materials to meet product performance requirements or safety standards, further charges will apply.
5.19 - It is the Clients responsibility under the CDM regulations to provide a comprehensive site survey including the provision of detailed under / over ground service information (electricity cables, gas pipes etc). No liability shall be accepted by us for damages to services or consequential actions if comprehensive site survey is not accurate or not provided by the client.
5.20 - If any variations to the above site conditions or works are required to meet product performance requirements or safety standards are found to be in evidence, the Client will immediately be notified by telephone and as soon as possible in writing and invited to site to view the variation. We reserve the right to charge at cost plus 25% of any costs incurred during the delay in the Client attending site and agreeing required variations. We reserve the right to charge at cost plus 25% of any additional costs of works or materials required, plant hire and any other associated costs required to complete installation to our product performance requirements or safety standards as required.
5.21 - It is the Clients responsibility to ensure that Goods ordered fit the site intended for use. We shall not be held responsible where Goods have been ordered that subsequently do not fit, howsoever caused. A separate quotation and order will be required to enable modification.
6.1 - The price of the Goods shall be our quoted price. All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time they may be altered by us without giving notice to you. Goods shall be invoiced at the prices prevailing at the time of despatch. All prices are subject to completion of a full site survey.
6.2 - Any price quoted by us for the Goods shall be deemed to include all costs of delivery and exclude applicable VAT unless otherwise stated.
6.3 - We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any delay caused by your instructions, any change to those instructions or failure to give us adequate instructions.
6.4 - If we are unable to deliver or install the Goods on the agreed date due to your default, you will pay us an abortive fee of £250 plus VAT per half-day or £500 plus VAT per 2 man team per full day. We will reschedule your delivery and/or installation, but there will be a consequential delay.
6.5 - The price excludes the connection or relocation of any services unless expressly stated otherwise.
6.6 - All quotes that contain multiple lines are subject to minimum labour charges at the point of order.
7.1 - You agree to pay the price of the Goods within 30 days of the date of our invoice, which we shall deliver at any time after delivery of the Goods, unless otherwise agreed by use. Time for payment shall be of the essence.
7.2 - For all Companies ordering with us for the first time, unless otherwise agreed in writing, payment of 100% shall become due on a Pro-Forma basis.
7.3 - Payment is accepted by Bank Transfer or credit card. The payment will require sufficient time to clear and only then will we contact you to arrange a delivery / installation date.
7.4 - Payments by credit card will incur a 2.5% surcharge.
7.5 - Subsequent orders will be subject to a credit check and then a credit limit will be set by us, at our discretion. This credit limited will be reviewed upon receipt of any further orders.
7.6 - Payment shall be made without deduction or set-off, and shall be made notwithstanding any delay in obtaining such sign off of the instalment by any third party (e.g. Council, H&S Executive, RoSPA) however if any remedial works are required, we will allow you to hold 10% of the total order value for a maximum period of four weeks.
7.7 - Where we have agreed special discount, payment or other terms with you, these shall be strictly subject to your compliance with these Conditions, and such terms shall cease and revert to our standard terms upon your non-compliance.
7.8 - The installation of certain items are carried out by different specialist teams and may not take place at the same time as the installation of the playground equipment and will consequently be invoiced separately.
7.9 - For projects over 5 days we reserve the right to invoice in a staged manner, over the duration of the project. Unless otherwise agreed in writing we will set the payment staging in fair increments to reflect Goods supplied.
8.1 - We shall be entitled to charge interest (calculated pro rata on a daily basis) on overdue accounts from the date payment is due in accordance with the terms of the Late Payment of Commercial Debts (interest) Act 1998 (as amended) until the date of actual payment.
8.2 - We shall be entitled to cancel the contract or withhold delivery of the Goods to any customer whose account becomes overdue.
Risk and Ownership
9.1 - As soon as the Goods are delivered either to the site or into storage accommodation, you shall assume sole risk for any loss or damage to such Goods or materials howsoever caused. If you are unable to accept delivery of all or any part of the Goods within 7 days after notification that they are ready for despatch, risk in relation to such Goods shall pass to you at the expiry of the 7 day period. Once the risk has passed to you, such risk shall in no circumstances whatsoever be passed back to us.
9.2 - Whilst risk in the Goods shall pass on delivery, legal and beneficial ownership of the Goods shall remain with us until such time as we have received payment in full in respect of all sums owing from you to us and until such time you shall keep the Goods separate from your property and that of any third party and clearly identified as being the property of Barge Group Ltd.
9.3 - Payment for all Goods supplied to you shall become due if:
(a) You fail to pay for the Goods on the due date (or fail to pay any instalment, in which case the whole outstanding balance shall immediately become due); or
(b) If you have been declared bankrupt, go into voluntary liquidation or commit any act of bankruptcy or insolvency; Where upon you shall immediately notify us thereof and, in such circumstances, the power of sale granted to you shall automatically determine, you shall not part with possession of any of the Goods which have been delivered to you by us, and we shall have the right to withhold delivery of any undelivered Goods and to stop any Goods in transit.
9.4 - If payment for any Goods is overdue whether in whole or in part, we reserve the right to enter upon your premises and take possession of the Goods and/or re-sell the Goods or such of them as we deem necessary in order to recover the amount of overdue payment together with any costs incurred by us thereby. For these purposes, you expressly and irrevocably authorise us to enter and take all necessary and reasonable steps upon your premises.
9.5 - At all times following delivery of the Goods and prior to payment in accordance herewith, you are and shall remain our fiduciary bailee in respect of the Goods and you shall have the power to re-sell or otherwise deal with the Goods in the ordinary course of business in your name on condition that:
(a) Such re-sale or other dealings shall give rise to no obligations whatsoever, whether contractual or otherwise, on us;
(b) The proceeds of re-sale or other dealings shall be held by you in a clearly identifiable account separate from your own and from those of third parties, and our beneficial interest shall attach to the proceeds of re-sale, and we shall have the right to trace the proceeds of the sale;
(c) The separate account into which all such proceeds of re-sale are to be placed shall not be permitted to become overdrawn; and
(d) You shall incorporate into any dealings with a sub-buyer, a term to the effect that legal ownership of such Goods shall not pass onto the sub-buyer until payment has been received in full by us.
9.6 - If any of the Goods are incorporated or used in any other products before full payment in respect of all sums owing from you to us, whether under a contract or otherwise, title in such products shall be and shall remain with us until such full payment has been made or such products have been sold and all of the above provisions of this clause 9 shall extend to such products.
10.1 - You undertake to comply with the General Product Safety Regulations 1994 to the extent that they apply to the Goods.
10.2 - You undertake to indemnify us in respect of any and all claims arising from the Goods being unsafe as a result of your activities.
10.3 - You agree to monitor the safety of the Goods, to pass on any information on the risks of the Goods and to co-operate in any action we may decide to take to avoid those risks.
10.4 - You acknowledge receipt of our important health and safety notification relating to the installation of the Goods and associated floor markings.
Warranties and Liability
11.1 - Subject as expressly provided in these Conditions, and except where the Goods are sold to you as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law.
11.2 - Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your statutory rights are not affected by these Conditions.
11.3 - We will provide the Goods in accordance with the relevant BS EN standards. We do not warrant or represent that the Goods will comply with any other standard or quality mark.
11.4 - Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to us within seven days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure but not more than one year after delivery. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the agreed price as if the Goods had been delivered in accordance with the contract.
11.5 - Where any valid claim in respect of any of the Goods which is based on any defect in the quantity or condition of the Goods or their failure to meet specification is notified to us in accordance with these Conditions, we shall be entitled to repair or replace the Goods (or the part in question) free of charge or, at our discretion, refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
11.6 - Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or compliance with any instruction or consent given by you or on your behalf by an authorised representative, or any implied warranty, condition or other term, or any duty at common law or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and our entire liability under or in connection with the contract shall not exceed 110% of the price of the Goods, except as expressly provided in these Conditions.
11.7 - We shall use reasonable endeavours to pass on to you the benefit of any guarantees or warranties given by any manufacturers of the Goods.
11.8 - We shall guarantee all goods and workmanship for a period of 12 months, subject to any exclusion mentioned within these terms and conditions.
11.9 - We are unable to guarantee repairs carried out to wet pour due to continued movement of the existing pad.
11.10 - Where line markings or adhesives are applied to surfaces over 6 months old, no liability will be accepted should the product fail due to poor adhesion to a degraded surface, except in the case of a faulty product.
Return of the goods
12.1 - We shall only accept the return of any Goods of faulty manufacture within seven days of the date of delivery or within a reasonable time after discovery of the defect (but not more than one year after delivery) and such Goods shall be returned with written notification which must state the nature of the fault of each item and the invoice number in relation to the purchase of each item.
12.2 - All transportation charges relating to the return of Goods will be borne by you unless otherwise agreed in writing, and the risk in the Goods shall remain with you until the Goods are received by us and any Goods so returned are despatched by you at your own risk.
12.3 - You shall not be entitled to reject part only of the Goods delivered in accordance with these Conditions.
12.4 - Any claims against us for Goods not credited or replaced will only be considered where you can provide proof of delivery to us.
12.5 - We will at our discretion replace whenever possible Goods found to be of faulty manufacture after examination provided that the Goods have been returned in accordance with these Conditions. We will return goods after examination if they are found to have no fault or defect.
13.1 - All leaflets, specifications, drawings and particulars of prices, weights, dimensions, colours and performance issued by us are approximate only and are not intended to form the basis of any contract between you and us.
Intellectual Property Rights
14.1 - We hereby grant to you a non-exclusive and non-transferable licence to use such of our intellectual property rights as may be reasonably necessary for you to comply with your obligations under the contract. Such licence shall terminate automatically upon your completion of the final act required of you to comply with such obligations.
14.2 - If any claims is made or any action brought against you in respect of any infringement of an intellectual property right by the use or sale of Goods supplied by us, you must immediately give us written notice with full particulars of such claim or action.
15.1 - If Goods are credited it will be at the invoice price stated on the return application sheet and agreed by us.
15.2 - In the event of your receivership or insolvency, credits will only be made against your pre-existing indebtedness. If you make any voluntary arrangement, become insolvent or commit any other act of bankruptcy, we reserve the right to cancel the contract or suspend any further deliveries under the contract without any liability to you, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement to the contrary.
16.1 - No order confirmation once accepted to us in writing may be cancelled without our written consent.
16.2 - If an order is cancelled within 48 hours of order confirmation, and our written consent is given for a cancelled order, the company is entitled to charge you a fee of 20% of the order value, to a maximum of £1,000.
16.3 - If an order is cancelled after 48 hours from order confirmation, and our written consent is given for a cancelled order, the company is entitled to charge you a fee of 50% of the full order value.
17.1 - We will not be liable to you or deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s obligations if the delay or failure due to acts caused beyond our reasonable control.
18.1 - No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
18.2 - If any provisions of these Conditions are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder shall not be affected.
18.3 - These Conditions and the contract shall be governed by English law and any dispute shall be submitted to the exclusive jurisdiction of the English courts.
18.4 - These Conditions do not purport to confer a benefit on any third party.
18.5 - Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other’s principal place of business.
Confidentiality, Data Protection and Freedom of Information
19.1 - You shall take all proper steps to keep confidential all information relating to us or our business that is obtained by you as a result of this contract, and will not divulge the same to any third party, except to the extent that such information becomes public through no fault of yours. This obligation shall continue in force indefinitely, notwithstanding termination of our business relationship.
19.2 - We will provide such assistance and support as you may require for the purpose of enabling you to comply with the Freedom of Information Act 2000 and associated regulations (“FOIA”). We acknowledge that you may be obliged under the FOIA to disclose information to third parties subject to certain exemptions. We acknowledge that the decision to disclose information under the FOIA is at your discretion, provided that you agree to consult with us prior to any disclosure relating (directly or indirectly) to us, and you will not disclose any information relating (directly or indirectly) to us where we reasonably notify you that:
(a) such information, if disclosed by you, would constitute a breach of clause 20.1, in accordance with section 41 of the FOIA; or
(b) such information constitutes a trade secret or such information, if disclosed by you, would (or would be likely to) prejudice our commercial interests in accordance with section 43 of the FOIA.
19.3 - We shall securely store, use and share you data on our systems and with our agents to facilitate the supply of goods to you as per our Data Protection Policy, written in accordance with GDPR 2018
E & OE
20.1 - Errors and omission expected.