- These terms and conditions apply to all
sales by us (the Company) and any variation
or additional terms must be expressly
confirmed in writing by the Company.
- Quotations remain open until written
acceptance but may be withdrawn if written
acceptance has not been received by the
Company within 30 days of quotation.
- The Company may at any time before
written acceptance is received increase the
prices specified in the quotation given by
written notice to the Customer. After
acceptance of the quotation, the Company may
at any time increase the price specified in
the quotation not giving less than seven
days written notice to the Customer. In
either case, the increased price shall apply
to all orders for goods delivered after the
date specified in the notice. Even where a
quotation states that prices are fixed, the
Company may increase prices in accordance
with this condition after one year from the
date of issue of any fixed price quotation.
Where the quotation is for more than one
load, the order for each load shall be
treated as a separate order.
- Additional charges will also be made:
a) If supply of goods is required outside
the Company's normal working hours, or
b) If delivery is required in part loads
rather than full loads
c) If for any reason the delivery vehicle is
unable to discharge its load within thirty
minutes of arrival at the Customers site.
- The Customer must provide safe and
adequate access to the point of discharge of
the goods, including adequate manoeuvring
space for the delivery vehicle. Failure to
comply may result in the Company refusing to
make delivery and charging the customer for
the costs incurred.
- Except in the case of negligence by the
Company or the driver of the Company's
delivery vehicle, the Customer shall
indemnify the Company and its hauliers
against damage or injury caused during the
presence on site or access thereto of the
delivery vehicle.
- The Customer, his authorised employee or
agent must promptly:-
a) Accept delivery of the goods when they
arrive on the site.
b) Inspect the goods when they are
discharged.
c) Sign the delivery note.
d) Sign the record of any delay after the
arrival of the goods on site, standing time,
authorised day work or other records.
e) Authorise any addition to the concrete of
water or of any other materials by recording
it on such delivery note.
- Where there is any complaint about the
quality or quantity of the goods, the
Customer must:-
a) Phone the office from which the goods
were ordered on the day of delivery.
b) Confirm the complaint in writing to the
Company's Head Office within one week.
c) Allow the Company all reasonable
facilities to enable it to investigate any
such complaint promptly and to advise the
Customer of any remedial action which may be
appropriate.
a) The risk in the goods pass to the
Customer at the moment of discharge from the
delivery vehicle at the Customer's site, or
on loading the goods into the Customer's
vehicle or other container.
b) The Company shall not be responsible for
failure to comply with a specification by
reason of a temperature reduction in the
materials supplied where there has been any
delay in the discharge of materials.
c) Concrete must be discharged within two
hours of batching (or such lesser time as is
required by any particular specification)
and if the Customer prevents such discharge,
the driver will return the concrete to the
batching plant and the Customer will be
charged for the concrete and its delivery,
return and disposal.
d) The Company will accept no responsibility
for the workability, strength or quality of
its concrete if the Customer shall have
added anything whatever to it. The Company's
drivers have instructions to make no
alterations to a mix without specific
authorisation by the Customer and such
authorisation shall be at the Customer's
risk. In the event that the Customer or his
representative demands the driver to mix and
discharge the concrete at a workability
different to that specified and ordered, the
Company will accept no responsibility for
the consequences of the concrete being
supplied at a workability outside the
tolerances of that specified in the
quotation.
a) The Customer shall give timely advance
notification of his delivery requirements.
b) The Customer is responsible for providing
tipping facilities for any excess material
ordered or material rejected for reasons
other than non-compliance with the
specification or order by the Company. If
the Customer is unable to provide tipping
facilities for excess or rejected material,
the Company may carry out disposal and the
Customer shall pay the full delivered rate
for the materials, a disposal charge, and
any additional mileage or other costs
incurred by the Company.
- Goods sold by the Company shall be the
type, description and/or specification as
shown on the delivery note or the quotation.
No warranty is given that the goods are
suitable for any particular purpose unless
the Customer shall first have advised the
Company of all relevant factors relating to
the purpose and the Company has confirmed in
writing that the goods are suitable for that
purpose.
- Where goods supplied by the Company are
proved to be defective, the Company will
replace the goods as promptly as possible
without charge and will only reimburse the
Customer for any expense proved to have been
directly incurred in the removal and
replacement of the defective goods. Save as
aforesaid and save in respect of death or
personal injury caused by the negligence of
the Company or its agents, the Company shall
not be liable to the Customer for any
consequential loss or damage (whether for
loss of profits or otherwise) third party
claims, losses, expenses or other claims for
consequential compensation which arise out
of or in connection with the supply of the
goods or their use by the Customer except as
expressly stated in these conditions.
Without limitation to the generality of the
foregoing, the Company shall not be liable
to the Customer for any losses or costs
resulting from unsuitable application,
wrongful handling or placing or from any
fault in a design or specification provided
by or on behalf of the Customer.
- Sampling and testing shall be carried
out in accordance with the appropriate
British Standard or specification accepted
by the Company. Compliance with such
standard or specification shall be
discharged by the Company if goods meet such
specification at the time of supply to the
Customer and on the basis that the Company
is the supplier and not user of the goods.
- Payment for the goods supplied must be
received by the Company not later than the
28th day of the month following the month of
supply of the goods. If (a) as a result of
making a delivery the Customer's credit
limit would be exceeded or (b) the Customer
fails to comply with payment terms or any
other of these Conditions then the Company
may refuse (whether under this or any other
contracts between the Company and the
Customer) to accept or complete any order,
suspend supplies or impose such special
payment terms or other conditions as the
Company deems appropriate. In the case of
late payment the Customer shall pay the
Company interest on the net payment due at
the rate of 4% per annum above the base rate
charged by Barclays Bank PLC from time to
time calculated from the date payment was
first due until the date when payment has
been received by the Company.
- Property in the goods shall pass to the
Customer when the Company has received
actual payment for the goods.
- Deliveries may be totally or partially
suspended during any period in which the
Company may be prevented or hindered from
manufacturing, supplying or delivering the
goods due to breakdown of plant,
non-availability of materials, labour
disputes, fire, accident or inclement
weather, transport difficulties or delays or
any circumstances outside the Company's
control. The Company will inform the
Customer should any such occasion arise, but
shall be under no liability to the Customer
for failure to deliver in such
circumstances. While every effort will be
made to meet any agreed requirements of the
Customer, the Company shall not be liable
for any loss or damage arising through its
failure to meet such requirements.
- The Customer shall not have a right of
set-off to withhold payments properly due to
the Company in event of any dispute with the
Company.
CAUTION:
Cement and concrete contain lime and other
chemicals which can cause irritation, dermatitis
and burning. To avoid harm to skin, minimise
contact with wet concrete and wear suitable
protective clothing. Where contact occurs
(whether directly or through saturated clothing)
wash thoroughly. In case of irritation or burns
consult a doctor immediately. |