Introduction

1.1 By ordering with Barrow & Stone you agree and are bound by the conditions set in these terms and conditions.

1.2 These terms and conditions will be updated as required and you will be bound by the new terms and conditions once the implemented date for the revised terms and conditions has commenced.

Order Processes

2.1 Orders may be placed over the phone by calling 0272705361 or in person with William Shaw or Amy Kelly.

2.2 Orders placed either over the phone or in person will be deemed as an authoritative order.

2.3 Order confirmation will be sent once an order has been confirmed by Barrow & Stone. If funds have been deducted from your account and we have not accepted your order, they will be refunded or your money will be refunded.

Charges and Payment

3.1 Customers will be charged for products in advance.

3.2 Charges will be stated to customers in order confirmation.

3.3 Products will not be dispatched until payment has been received from the customer.

3.4 Prices may change or new charges be obtained at any time.

3.5 Payments are only accepted in New Zealand Dollars.

3.6 All prices exclude GST and will be added and charged at the prevailing rate.

Property Rights

4.1 No materials or product supplied by Barrow & Stone may be on sold without written permission.

4.2 No images or graphics are to be used from Barrow & Stone without written permission.

4.3 Website layout, features and intellectual property are not to be copied.

Termination

5.1 Barrow & Stone will immediately suspend or cancel any contracts with their
customers if any payments are not received.

Warranties

6.1 No warranties are given by Barrow & Stone for any products or materials sold. 6.2 No conditions, durability, performance, and or warranties for natural stone, porcelain or products are provided by Barrow & Stone, therefore we are not to be held accountable.

6.3 Barrow & Stone is not liable for any direct or indirect loss or damages of goods including costs fees or expenses where a breach of contract, warranty or negligence has been involved.

6.4 In the unlikely event that a product we have supplied is faulty we are committed to honour the obligations set by the New Zealand Consumer Guarantees Act 1993 (CGA)

Natural Stone Characteristics

7.1 Customers are responsible for ensuring their chosen product is suitable for the specific requirements. No warranties are given for natural stone fulfilling the purpose its purpose it is chosen for.

7.2 Natural products may differ from photos provided by Barrow & Stone.

7.3 Natural Stone batches may differ so therefore it is recommend that customers order more than they need as this is the nature of Natural Stone.

7.4 Natural Stone formation, colour, textures, blemishes, markings, chippings will differ from slab to slab as this is what makes natural stone unique.

Force Majeure

8.1 Barrow & Stone will not be held accountable for any breach of agreement whereby delay or performance has been because of acts which have happened that are out of Barrow & Stone’s control.

Cancellation by Consumer

9.1 Customer’s must cancel within 7 days of order confirmation subject to clause 9.2 in order for cancelation to be accepted without incurring a fee.

9.2 Customers cannot cancel any materials or item’s which are not stocked or “off the shelve item’s” especially bespoke pieces of natural stone. If doing so you will occur a penalty fee in order to cover cost.

9.3 All returned goods by customers must be unused and in their original packaging otherwise goods may not be accepted.

9.4 If goods have been received before cancelling subject to clause 9.2 the customer must provide transport for goods to be taken back to Barrow & Stone otherwise a fee will be deducted from the refund to cover cost of transportation once goods have been inspected.

9.5 Refunds will be recredited to your account within 30 days once inspection of the goods has been complete.

Cancellation by Barrow & Stone

10.1 All cancellations by Barrow & Stone will be refunded as soon as possible in full and you will be notified by email.

10.2 Barrow & Stone have the right to cancel an order if we do not have the goods in stock.

10.3 Barrow & Stone can cancel an order if we do not deliver to that area.

10.4 If prices have been marked because of human error on our website, brochures or in store and/or if one or more products have changed in price.

Delivery

11.1 Delivery dates are subject to change at any time and customers will be notified as soon as possible by email.

11.2 Barrow & Stone must be notified of any damaged goods within 2 days of delivery for any refunds to be accepted.

11.3 Barrow & Stone must be notified immediately of any damaged goods done while unloading.

11.4 Barrow & Stone will not be responsible if delivery address supplied is incorrect or incomplete.

11.5 Customers must let us know when placing the order of delivery conditions such as gravel, narrow road, one-way, no heavy vehicles, slip prone, snow and ice, otherwise if resulting in extra cost this will be charged to the customer.

11.6 Barrow & Stone has the right to use 3rd party transport companies to make the delivery.

11.7 Deliveries will only be made kerb side, if customer request driver to enter on to private property then the customer will be liable for any damages occurred.

11.8 Timings of delivery will be agreed with customer but may be affected due to traffic, accidents and/or weather.

11.9 Barrow & Stone has responsibility of good during delivery until goods have been received by customer, then the responsibility of theft, damage, loss and fire are passed to the customer.

11.10 Drivers may refuse delivery if he deems drop of point unsafe or may deliver to the closest safe point.

11.11 If customers fail to supply a correct address and to not offer to sort other transport methods to collect goods then we will arrange storage and insurance of the goods at a fee which will need to be paid before goods are either returned or a refund subject to clause 9.2 or for new delivery option.

11.12 Barrow & Stone hold the right to deliver the goods in different instalments. Each delivery is treated as a new contract therefore once you have received any goods they are your responsibility.

Customer Obligations

12.1 Any orders placed on Trade Me are availability but are subject to Trade Me terms and conditions

12.2 Customers are highly recommended to order 10% more than needed of natural stone products because of the nature of transporting goods. Natural Stone may be unusable because of any of the following conditions, breakages, chips, surface variation and discoloration.

12.3 Customer must read the Product Guide Line supplied by Barrow & Stone and take all recommended steps.

General

15.1 Barrow & Stone may use a 3rd party whenever they choose so to for full any needs from Barrow & Stone and/or the customer.

Planting

16.1 All plant height and/or width measurements given are estimates – they may not meet required measurements.

16.2 By accepting a quote for planting you are agreeing that you have read the plant guide supplied by Barrow & Stone and will follow any procedures’ required.

16.3 Barrow & Stone will strive to meet all desired plants when purchasing from local nurseries however if substitutes have to be made the closest resembling plant on offer will be chosen.

16.4 Barrow & Stone will not be held accountable for any plant, tree or turf loss because of negligence from the client.

16.5 Barrow & Stone does not need to inform the client about substitutes of plants during purchasing from local nurseries.

16.6 All plants supplied by Barrow & Stone to their knowledge are all disease free.

16.7 All irrigation installed by Barrow & Stone must be adjusted by the customer in order to have the ideal conditions for plants, turf and trees correct health.

Definitions in this terms and conditions

“Barrow & Stone” Refers to William Shaw, Amy Kelly and Roanna Kelly.

“batches” delivery or order from Barrow & Stone can be regarded as a batch or batches.

“blemishes” discoloring of the stone.

“chippings” where natural stone has been deformed on edges of paving slabs.

“cost” the value of money that has been used to produce and/or deliver a material or item.

“goods” anything supplied by Barrow & Stone.

“markings” where rubbing or writing has occurred on natural stone cause a visual impediment.

“materials” refers to natural stone or proclaim products.

“off the shelve” refers to items which are stocked with Barrow & Stone, therefore do not require a lead time.

“product Guide Line” supplied by Barrow & Stone either by email or written. “Resembling” looks like.

“slab” intends on a single piece of paving supplied by Barrow & Stone. “substitutes” exchange one for another.

“textures” meaning the make-up of the natural stone eg more hard, soft, roughness and/or smoothness.

“turf” grass.