Trading
Terms: All
orders are to be prepaid before despatch. Barnes Online accepts
payment by Credit Card only. Other payments can be accepted at
Barnes Products outlets.
Title of
Goods: Please note that all goods supplied by Barnes Online
are and will remain the property of Barnes Online until such time
as all sums owing to them by the customer are paid in full. The
commercial risk in the goods passes to the customer on receipt
of goods by the customer at their nominated address
Availability:
All product and literature is subject to availability. Prices
are subject to change without notice. Products out of stock will
be advised with an expected delivery date.
Back-orders:
Out of stock goods will not be automatically back-ordered. If
you wish to have unavailable stock backordered, please contact
us with this information.
Freight:
Freight as given during the online ordering process is approximate.
Dangerous Goods and large items may incur extra freight costs.
You will be contacted if freight costs differ from the amount
displayed on the online order.
Shortages,
Faulty, Incorrect Product: Must be advised within 14 working
days from date of Invoice. No claim will be accepted after that
time.Returns: All goods are sold on a firm sale only. Before any
return for damaged or incorrect stock can be accepted, arrangements
must be made with our office for a Credit Authorisation number.
No credit will be issued without prior authorisation.
Return
of goods for credit must be made within 14 days of receipt
and will incur a 10% handling fee, except where an error has been
made by Barnes Online. Return freight will be the responsibility
of the customer, and onus of proof of return remains with the
customer. Barnes Online will nominate an authorised carrier if
returns are being charged to Barnes Online. Returned goods will
only be accepted in original condition and packaging.
Copyright:
Barnes Online, Barnes Online products, samples and images are
covered under copyright law. Names, images and associated files
are not to be reproduced in any form including, digital, electronic
written or other, without the express permission of Barnes Products.
All other products, logos, names, images, literature etc belong
to their respective owners and covered by copyright law.
Disclaimer
of Warranty; Limitation of Liability
(A) THE END USER EXPRESSLY AGREES THAT USE OF BARNES
ONLINE IS AT END USER'S SOLE RISK. NEITHER BARNES ONLINE, BARNES
ONLINE AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY
THE "BARNES ONLINE PARTIES") WARRANT THAT BARNES ONLINE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BARNES ONLINE,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH BARNES ONLINE.
(B) BARNES ONLINE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. THE END USER SPECIFICALLY ACKNOWLEDGES THAT BARNES
ONLINE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
(D) IN NO EVENT WILL BARNES ONLINE, THE BARNES ONLINE PARTIES,
OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
BARNES ONLINE OR THE BARNES ONLINE SOFTWARE, BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE BARNES ONLINE. THE
END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL CONTENT OF BARNES ONLINE.
(E) IN ADDITION TO THE AFOREMENTIONED TERMS, NEITHER BARNES ONLINE,
NOR THE BARNES ONLINE PARTIES SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN BARNES ONLINE, OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS
OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.