Terms and Conditions

We ask you to read these terms and conditions fully before placing your order. You agree that you have fully read, understood and agree to our terms and conditions. All orders placed with and accepted by Barncrest are bound by these terms and conditions.

Delivery Help

Please note that someone will be required to sign for and carefully check the goods; if no one is available to help unload and / or sign for the goods, re-delivery will result in a re-delivery charge equal to the original cost of delivery, unless the inability to deliver prejudices further deliveries, in which case Barncrest reserve the right to charge the customer for the cost of other redeliveries which we were unable to make due to the inability to deliver. Barncrest deliveries are made by one man only. Help must be provided by the Customer for unloading, and the delivery service is to the kerb side only. Where Barncrest informs the customer that the worktops are particularly heavy and require multiple helpers, it is the customer's responsibility to provide the correct number of suitable helpers to help carry the worktop. In order to provide good customer service, drivers are permitted to help carry worktops in to a customer's house, however this is on the strict understanding that neither Barncrest nor the delivery driver have any liability whatsoever in attempting to help the customer. This help is at the discretion of the driver, and forms no part of the contracted delivery service. Transfer of liability for the worktop passes to the customer once the worktop is safely out of the delivery vehicle. Barncrest will not accept any liability for damage to the worktop, the customer's property, or any personal injury to the customer or any third party. The customer agrees there will be someone competent available to help with the unloading of the worktops or other goods. Since the customer warrants that any helpers are suitable for the unloading process, Barncrest will not accept any liability for any injury arising from any delivery. Worktops can be extremely heavy; it is the customer’s responsibility to ensure the designated helper is strong enough / fit enough to help with the delivery. It is the customer’s responsibility to ensure the unloading area and drop off point are suitable. Barncrest cannot be held liable for any injury to persons unloading the delivery no matter how caused. All goods must be inspected for damage or shortfall on delivery in the presence of the delivery driver. Any loss or damage must be clearly written on the delivery note. No claims for damage can be made after this. Goods will not be left without a valid signature from the Customer or a responsible person elected by the Customer who must be 18 or over. Where goods are delivered by courier, it is essential the goods are unwrapped and checked for damage. If the goods are signed for in good condition then Barncrest cannot be held liable for any damage.

Delivery

Barncrest always makes every effort to deliver goods within the delivery option requested at the time the order was placed. However we cannot guarantee this, and we will not accept any liability if your order is delivered outside any previously agreed time or date. We recommend that you only arrange for tradesmen to carry out work on your behalf after your goods have actually been delivered. We will not be not responsible for any losses incurred for late delivery no matter howsoever caused. If there is any damage during delivery, we will endeavor to replace or repair the items as quickly as possible, however we are not liable for any costs you may have incurred. Goods are not wrapped; we use thick blankets instead during transit.

Consumer Rights and Distance Selling Regulations

Under the distance selling regulations, a private customer has the right to return standard size goods within seven days of the goods being received without giving a reason. As the manufacturer, Barncrest do not stock any standard sizes in any timber products. Therefore, regardless of size and dimensions, all worktops, upstands, timber and machined products are bespoke made, and cut specifically to your order. These orders are therefore not subject to the right of return under the distance selling regulations. For any other items which are stocked and are a standard size, a private customer is fully covered by the distance selling regulations. Please ask for full details if you would like more information. Goods returned must be in a saleable as new condition and returned in their original packaging. The Customer must arrange transportation and pay all costs involved in transporting the goods back to the warehouse from which they came. The goods must be insured whilst in transit for the full value of their cost price, goods received damaged after return will not receive a refund from the Company and the Customer shall pursue their carrier for reimbursement and or return. Returns made under this provision must be agreed in writing or by email by both parties before the goods are returned. Once a returns note has been issued, the goods must be returned within seven days. These rights do not apply to business purchases.

Manufacture

Goods are prepared for the customer according to our workshop schedule. If the customer delays delivery or collection after the worktops have been made, storage of the goods is entirely at the customers’ risk. Barncrest will not be liable for any damage no matter how caused. Barncrest will endeavor to store the items carefully, however the customer agrees that timber, as a natural product, timber is subject to movement and may move during the period of storage. The customer expressly agrees that Barncrest is not liable for any such movement, as we do not have the correct environmental storage to prevent such movement. Barncrest reserves the right to revise prices and details at any time without notice. If we list a product at the wrong price due to a typographical or other error, we have the right to refuse or cancel any orders placed prior to the order being delivered. We will not adjust any prices without informing clients first, and will allow you to withdraw your order at no cost to yourself and; if applicable, a full refund will be given. Goods are subject to availability. If any items of your order are out of stock or the material to make them is not available, we will advise you immediately of the expected delay in delivery. We reserve the right to substitute out of stock items with a more expensive product at our discretion. All works undertaken by Barncrest have a + / - 2 millimeter margin for error per cut. All timber reacts differently when cut. When undertaking work on a customer’s worktop, the customer accepts that unforeseen variations in the timber may result in minor breakouts or machine marks. In order to minimize any possible effects of this, Barncrest may, at its discretion, chose to modify or amend any cutouts or sizes as it sees fit to best deal with the situation. Further, where necessary, Barncrest may use filler in order to repair such damage. The customer accepts that it is these variations in density and hardness of timber are a natural part of the product, and not the fault of Barncrest. Naturally Barncrest warrant that it takes all reasonable steps to avoid damage of this, or any other, nature. In certain circumstances, flaws and faults within the timber may be exposed during the manufacturing process. The customer accepts this is a natural feature of the timber, and not the fault of Barncrest. Barncrest will do their best to remedy the situation, but cannot be liable for any defects exposed in this way. The statutory right of cancellation does not apply to orders which are made to measure or in any way cut or altered to your requirements. If custom or bespoke orders are faulty, Barncrest reserve the right to take corrective action, which may involve the return of the faulty item to our workshops for repair. We may, at our discretion, replace the item. You agree to let Barncrest perform corrective work at your premises if we deem that suitable. If we decide the worktops need to be returned to the workshop for corrective action, the customer will organise and be responsible for the removal. Any cost of removal and or re-installation will be borne by the customer, no matter what the reason, even if the worktop is faulty. No claims for damage / discrepancies can be made by the customer after installation, as installation of our materials constitutes acceptance of the product in its current state. Similarly, we will not accept any claims for damages / discrepancies once the customer has performed any work on the worktops, including cutting, shaping, finishing or oiling. Any work carried out on the worktops constitutes immediate acceptance of the worktops. As custom-made orders (e.g. worktops cut to size, sink hole cutouts etc.) are not cancellable, you must make sure that the information and materials (e.g. plans, designs, lists and sizes of products required) provided by you and those provided by us (e.g. items listed in our quotation) are correct and suitable for your use before you place an order with us. Types of construction, stave widths, lengths and thickness may vary from the sample or from piece to piece. There may be occasions where the worktops are heavily sanded by Barncrest in order to present the best aspect of the timber. This means in some circumstances worktops may be less than the advertised thickness. If this is the case, Barncrest will sand all the worktops for that customer to same thickness to provide a consistent product.

Quotes, sizes and order confirmation

Whilst we do our best to interpret figures, diagrams, drawings or conversations which detail the sizes, shapes and details of your quote, we are unable to guarantee that this is a correct interpretation of your exact requirements, and cannot be held liable if these subsequently prove to be incorrect. It is up to you the customer to ensure that the sizes, shapes and dimensions detailed in our quote are correct for what you require. Before manufacture, we will produce an order confirmation which is the basis on which we manufacture. It is also up to you the customer to ensure that sizes, shapes and all the details of your order as detailed in your order confirmation email are correct for what you require. Apart from some preparation work and cutting timber to rough over size, we will not machine your order until we have received confirmation that the order details are correct. All measurements are in millimeters. Where these have been converted from other forms of measurement, for example imperial measurements or measurements expressed in meters and centimeters, it is up to you the customer to ensure that these are correct, even if provided by us. We do not check or warrant these details for accuracy or validity. Illustrations, descriptions, weights and measurements shall be taken by the buyer as a guide only, and are not binding in detail. The company reserves the right without notice and without affecting the validity of the contract to make such changes in materials, dimensions and design as are reasonable and desirable. Colour accuracy of the products viewed on our website cannot be guaranteed due to vagaries of the image reproduction process. Any images and samples should be treated as approximations only.

Timber as a natural product

Wood is a natural product and has all manner of colour variations, and whilst we go to great lengths to colour match as much as possible, we cannot guarantee any replication of colour from piece to piece. We also go to great lengths to remove nearly all flaws in the surface of our worktops. However wood is a natural product, and removal of every single flaw would render the timber characterless. Accordingly, the customer accepts there may be some flaws, such as small knots, small shakes (slight cracks which are a natural element of the timber), and other minor flaws which Barncrest consider will not impair the performance of the worktop, in the top surface of the worktop. In order to make the best use of the timber, there may be larger flaws on the underside of the worktop, including manufacturing defects. These do not constitute a faulty product. Whilst Barncrest go to great lengths to ensure the timber has been correctly dried, movement in solid timber cannot be prevented. After fitting, small cracks may appear a few millimeters in width. This is entirely normal and is regarded as part of the natural beauty of the timber. These cracks can be easily filled with a special coloured wax filler. These cracks and movements do not constitute any fault with the timber or worktop construction; for the sake of clarity, timber is a natural product and will move / change over time and the customer expressly understands and accepts this. Barncrest cannot be held liable for any mishandling, lack of initial oiling, inappropriate storage, improper maintenance or incorrect fixing. Barncrest recommends only Liberon Finishing Oil. The customer agrees to take the correct installation and maintenance oiling as detailed by us in our oiling instructions. Failure to follow this will most likely lead to damage, and Barncrest cannot be liable for any damage in these circumstances.

Copyright

All design, text and imagery on www.barncrest.co.uk is the copyright of Barncrest and our site may not be altered in any way or republished without express prior consent from Barncrest. Barncrest are the copyright holders for all of their images and text, and are also the registered holders of the Barncrest Trademark . No images may be sold on or assigned to or by any third party.

Limitation to Liability

Subject to the terms dealing with risk and title on delivery below, the following provisions set out the entire financial liability of Barncrest (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:

(a) any breach of these conditions;

(b) any use made or resale by you of any of the goods, or of any product incorporating any of the goods; and

(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.

All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.

Nothing in these Terms and Conditions excludes or limits the liability of Barncrest:

(a) for death or personal injury caused by Barncrest's negligence; or

(b) under section 2(3), Consumer Protection Act 1987; or

(c) for any matter which it would be illegal for Barncrest to exclude or attempt to exclude its liability; or

(d) for fraud or fraudulent misrepresentation.

Subject to the terms above:

(a) Barncrest's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to twice the contract price; and

(b) Barncrest shall not be liable to you for loss of profit, loss of business, or depletion of goodwill (together with costs, damages, charges or expenses caused) in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract. We therefore recommend that you only arrange for trades people to carry out work on your behalf after your order has been delivered by us.

Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods

Company Information

Barncrest is a registered trademark in the UK and other countries, and is a trading name of Norfolk Oak Limited (from 31st July 2012), who’s company number is 05728495 and vat number 902 297 729. The registered address is 48 King’s Street, Kings Lynn, Norfolk, PE30 1HE. Barncrest reserves the right to: (a) Alter these Terms and Conditions upon giving you advance notice. (b) Decline service to any individual customer. The above Terms and Conditions shall not affect your statutory rights as a consumer. The contract between us shall in all respects be governed by and construed and interpreted in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.