a) DEFINITIONS: For the purpose of these conditions The Company refers to All-Mix Concrete (and/or) 1st All-Mix Concrete, AMC (NW) Ltd,The Foam Concrete Company (N.W.) Ltd. “Concrete” refers to that supplied by the Company . “The Buyer” refers to the customer ordering or buying the Concrete. “Contract” refers to the contract to supply Concrete by the Company to the Buyer. “The Price” refers to the amount payable by the Buyer for all Concrete and other charges incurred by the Buyer.
b) CONTRACT: Quotations are issued by the Company subject to these conditions and constitute an invitation to place an order. Any order placed with the Company shall be subject to these conditions. The Buyer shall pay for all Concrete and any charges incurred in the supply of the Concrete. The quotation is based on the delivery of the Concrete to the place and address nominated by the Buyer.
c) DELIVERY: The Company shall deliver the Concrete to the address and place specified by the Buyer, or his representative, at the cost of the Buyer. The Buyer shall be responsible for supervising the placing of the Concrete. The Company accepts no responsibility for inaccurate placing of the Concrete or for any voids remaining. The Buyer is to satisfy himself as to the condition of Concrete being delivered. The Buyer is to ensure that the delivery meter is on zero prior to delivery. On completion of delivery the Buyer shall be responsible for checking that the quantity of Concrete delivered, as shown on the meter, is correctly entered on the delivery notennvoice. Additional charges shall be levied where the Buyer requires:
- Delivery beyond current operation distance of 8 miles from the Company’s depot.
- Barrowing of the Concrete beyond 30 metres from the vehicle carrying out the delivery or where steep slopes are to be negotiated.
- Delivery made outside normal working times of 0800 hrs to 1700 hrs. Mondays to Fridays.
- Delivery to be made at a rate slower than 15 minutes per cubic metre.
Charges shall be made at a rate according to the costs of these requirements.
If the Buyer fails to take delivery of the Concrete the delivery charge shall be paid by the Buyer.
The Buyer shall ensure that, prior to arrival of the delivery vehicle, there is suitable preparation for access for the placing of the Concrete by wheelbarrow. The Buyer warrants the safety and suitability of all roads, buildings and appliances that are to be used for delivery, not belonging to the Company or any public highway and agrees to indemnify and keep the Company indemnified against all losses, claims and expenses incurred as a result of any breach of this warranty. If any facilities, roads, buildings or appliances are deemed unsuitable by the Company, the Buyer shall be deemed to have failed to accept delivery.
d) The price of the Concrete shall be quoted without the inclusion of V.A.T. V.A.T. shall be payable by the Buyer., The Price of the Concrete may be varied to take account of any increase in the Company’s costs occurring prior to delivery of the Concrete.
e) PAYMENT: The Payment shall be made in accordance with instructions given with the quotation. The Buyer shall not be entitled to retain or make any deductions from the payments due to the Company. Where full payment is not made by the due date, the Company shall be entitled to charge interest on any outstanding payments at the rate of 6% per annum above the base rate of Nat. West Bank from the due date until payment. The Concrete remains the property of the Company until such time as the Buyer has paid the Price and any charges and taxes in full.
f) RISK: The risk in the Concrete shall pass to the Buyer on delivery to the address specified by the Buyer.
g) DEFECTS: Notification of any alleged short measures shall be presented to the Company within 24 hours of delivery by Email or in writing. If the Concrete supplied is found, on examination, to be defective, the Company’s liability shall be limited to a replacement delivery. The Company shall have no liability in respect of any defects which have been accepted in writing by the Buyer which should have been discovered by examination on delivery. The maximum liability of the Company in respect of other defects in the Concrete shall be restricted to the direct costs of removal and replacement. Liability shall be accepted provided the Buyer establishes that:
- No extra water or other changes to the specification have been requested and incorporated into the Concrete.
- Any sampling, making, curing, testing of samples and interpretation of tests of the Concrete from the vehicle has been carried out In accordance with BS1881 and BS5328.
- The Company has been given the opportunity to investigate the alleged defect and recommend remedial action.
h) CANCELLATION: It the Buyer cancels or postpones its order the Company shall be entitled to recover all costs incurred and/or accrued up to the date that the Company receives notification of such cancellation.
i) INDULGENCE: No indulgence or forbearance extended to the Buyer shall limit or prejudice any right or claim available to the Company.
j) FORCE MAJEURE: The Company shall not be liable for any loss, direct or indirect, arising from any delay or default in the performance of any of the Company’s obligations under the Contract where such a delay or default arises as a result of any circumstances beyond the control of the Company including (but without prejudice to the generality of the foregoing) war, industrial action, riot, malicious damage, fire storm, flood, Act of God, accident, non-availability or shortage of materials or labour, failure by any sub-contractor or supplier to perform, failure of any production equipment, or any statute, rule, bye-law, order, regulation or requisition made or issued by any government department, local or other duly constituted authority, if performance of the Contract shall be delayed by such circumstances then the Company shall have the right to suspend further performance of the Contract until such time as the reason for delay no longer exists. If the performance of the Contract by the Company shall be prevented by any such circumstances then the Company shall also have the right to be discharged from further performance of and any liability under the Contract.
If the Company exercises such a right the Buyer shall pay all sums due under the Contract less a reasonable allowance for such part of the Contract as has not then been performed.
k) ASSIGNMENT: The Buyer shall not transfer or assign or purport to transfer or assign the contract to any other person without the Company’s prior written consent.
l) LAW APPUCABLE: The contract shall in all respects be construed and operate as an English Contract and in conformity with English law.