Prices

1. Our prices are based on the cost of goods or materials, labour, transport and maintenance of machinery ruling at the date when such prices are quoted or in the absence of a quotation, when such prices were agreed. In the event of the expense to us of performing the contract being increased or reduced directly or indirectly by reason of any subsequent fluctuation in such cost, we reserve the right to make a corresponding increase or reduction in our prices to meet any such fluctuation.

2. Our prices cover supply on normal working days during normal working hours. All supplies made at the customer’s request on public holidays, Sundays or Saturday afternoons, or any other days outside normal working hours will be subject to an extra charge. This quotation is cancelled if not accepted within sixty days from the date of issue.

3. Unless otherwise stated, all READYMIXED CONCRETE prices are based on delivery in full loads. All part loads, other than one required to complete a pour, are liable to an additional charge in relation to the unfilled capacity of the delivery vehicle. In the event that discharge is not completed within the stipulated time, the customer will be charged extra unless otherwise stated on our READYMIXED quotation.

4. Unless otherwise stated, all AGGREGATE prices are based on delivery in full loads. An extra charge will be made for materials shot to order in small heaps. Sample loads will be charged for as a normal supply. When our goods or materials are delivered by tipping vehicle, fifteen minutes from time of its arrival will be allowed for unloading, after which demurrage will be charged. When collecting excavated or surplus material on a volume basis, fifteen minutes will be allowed for our vehicle to be loaded by the customer’s machine, after which standing time is chargeable.

Availibilty

5. All offers to supply materials are made in good faith in accordance with circumstances applying on the date of the quotation and all orders are accepted by us subject to the materials or goods ordered being available unsold when required by the customer in the quantities needed. If for any reason whatsoever material is not available or not available in sufficient quantities, or if we are obliged to close down or reduce output from the plant from which it was intended that supplies should be made available, we do not undertake to deliver from any other plant owned by us, or from any other source, nor shall we be liable for any loss sustained by the customer due to our inability to supply material as quoted.

Access

6. We do not undertake to deliver any loads over roads or other ground which we consider to be unsuitable. The customer shall take delivery of materials at the nearest point of accessibility to his work as determined by our representative or driver. A safe and proper means of access and adequate manoeuvring space to the points to which delivery is to be made shall be provided at the customer’s expense.

7. Except when due to our negligence or default the customer shall be liable for and shall indemnify us against any loss or damage to:

(a) our vehicles and their loads by reason of the unsuitability of the access

(b) roadways, footpaths, manholes, mains, pipes, bridges, weighbridges or any other property whatsoever by reason of the weight or nature of our vehicles and their loads.

Suitability / Quality

Readymixed Concrete

8. The customer must accept full responsibility for the suitability and correct description of the concrete ordered. Concrete is supplied in accordance with BS 8500* We accept responsibility that the concrete as delivered complies with the specification overleaf, providing it can be proved by the customer that all testing is carried out in accordance with BSEN 12350/12390* and test results have been interpreted in accordance with BS 8500* or any other specification previously submitted and agreed between us and the customer in writing. Reference to compressive strength in the specification shall unless otherwise agreed refer to compressive strengths obtained from concrete cubes, made, cured and tested in accordance with BSEN 12350/12390. We do not however, accept responsibility for the slump, strength or quality of any concrete to which additional water or any other material has been added by the customer or at his request. Drivers will make no alteration to the mix without specific authorisation.

* Reference to British Standard specifications include any subsequent revision or replacement of such specifications.

9. Unless otherwise stated the mixes are not suitable for concrete pumps.

10. Whilst we will exercise the usual quality controls, we are not able to guarantee compliance with any strength requirements for no fines concrete.

11. When concrete is discharged by conveyor, under some conditions segregation of the material may occur in the placing. It is the customer’s responsibility to place the material and we will accept no liability for segregation if adequate precautions have not been taken by the customer.

Aggregates

12. The customer must accept full responsibility for the suitability and correct description of the goods or materials ordered, and is under a duty to inspect the goods on delivery or on collection as the case may be to ensure that the goods are fit for their intended use.

Complaints

Readymixed Concrete

13. No complaint of any kind can be entertained (except in special circumstances justifying delay), unless it is made in writing 72 hours after delivery of the concrete of which complaint is made. The purchaser agrees to allow us every opportunity of investigating any alleged defect and of making representations as to any remedial action to be taken.

If the defect in the concrete should have been revealed by examination on delivery our responsibility shall be limited to the delivery of a fresh supply of concrete only.

14. Where it is proved that the concrete as supplied does not meet with the specification ordered we will be responsible for the direct costs only incurred by the customer involved in the removal and replacement of the faulty concrete and shall not in relation to such breach be liable for any indirect or consequential damage or loss whatsoever.

Aggregates

15. No complaint of any kind can be entertained (except in special circumstances justifying delay) unless it is made in writing within twenty-four hours after delivery of the goods or materials of which complaint is made. If the customer does not accept delivery of goods ordered for any reason, costs incurred will be charged.

Liability

16. In no circumstances whatsoever shall our liability (in contract tort or otherwise) to the customer arising under out of or in connection with any goods or materials supplied exceed the invoice price of the particular materials in regard to which complaint is made, except as stated in clauses 13 and 14 above.

Delivery Dates

17. Delivery dates mentioned in any quotation, order, acknowledgement or elsewhere are approximate only and not of any contractual effect. We shall not have any liability for any loss or damage (including loss of profit and consequential loss) to the customer in respect of any failure to deliver on any particular date or dates.

Cancellation

18. No cancellation of the order can be accepted unless such cancellation is received at our plant in time to prevent the order being batched or loaded. Any loss incurred by us as a result of the cancellation of an order after the order has been batched or loaded, will be charged to the customer and paid for accordingly.

Title

19. The ownership of the CONCRETE shall pass to the customer at the moment of its discharge from the delivery truck or of its discharge from our plant into any container provided by the customer.

20. We retain the title to all AGGREGATE goods supplied until the sums due to us have been paid. If the customer has not paid our account within the period specified below we reserve the right to enter the customers premises and/or site to take back the goods at any time. It shall be the customer’s duty to account directly to us for the proceeds of any sub-sale of such goods and to assign any debt owing to them for the sub-sale.

Risk

21. Risk in the AGGREGATE goods shall pass to the customer when the goods are delivered to, or collected by, the customer or the customer’s agent. Risk in the CONCRETE shall pass to the customer at the moment of its discharge from the delivery truck or of its discharge from our plant into any container provided by the customer

Credit

22. We reserve the right to refuse to execute any order if the arrangements for payment of the customer’s account are not satisfactory to us and suspend or discontinue delivery of any goods or materials to any customer whose account is overdue for payment.

23. Terms are nett cash with order, or in the case of approved credit accounts payment is to be made within 30 days of the end of the month in which delivery is made. We reserve the right to withdraw approval of an account and to charge interest on any account which remains unpaid 30 days or more, such interest to be calculated on a daily basis commencing 30 days after the date of any invoice rendered by us, at the rate of 8% per annum above the Bank of England’s Base Rate.

24. Our policy is to not only enforce our right to add interest for late payment, but also collection costs, under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payments of Commercial Debts Regulations 2002.

25. The customer shall not be entitled to withhold payment of any amount payable to us by reason of any dispute or claim by the customer and in such case shall remain liable to pay the full price of all other goods supplied or available for supply against an order

Conflicting Terms

26. Unless otherwise agreed by a Director in writing the above terms and conditions shall apply to all orders placed with us. Any stipulation or conditions on a customer’s order form shall be deemed to be inapplicable to any order placed with us unless expressly agreed to by a Director in writing when acknowledging the order.