Terms and Conditions
1. INTERPRETATION
(a) The definitions and rules of interpretation in this condition apply in these conditions:
Goods: Ready-mixed concrete supplied or to be supplied by us.
We or us: Best Concrete.
You: the person, firm or company who purchase the goods from us.
(b) A reference to a particular law is reference to it as it is in force for the time being taking account of the amendment, extension, application or re-enactment and includes and subordinate legislation for the time being in force made under it.
(c) Words in the singular include the plural and in the plural include the singular.
(d) Condition headings do not affect the interpretation of these conditions.
(e) Words and expressions defined in British standards shall have the same meaning in the conditions.
2. QUOTATIONS
(a) Unless otherwise agreed by us in writing, prices are valid for 30 days from date of our written quotation.
(b) In the case of an oral quotation, prices are valid for 30 days from the date of our quotation.
(c) All quotations are based on quantities requested by you, if the quantity increases/decreases when delivered the price per cube will change in-line with our rolling scale pricing structure (all prices are available upon request).
3. ORDERS
(a) Only orders placed with our sales office, telephone number 01952 984220 and email bookings will be delivered.
(b) All orders that are not on an account basis must have a deposit equal to the amount ordered before delivery is commenced.
(c) If you require us to use order numbers, you must notify us to this effect and provide order numbers when placing orders.
(d) Each order or acceptance of a quotation for Goods by you shall be deemed to be an offer by you to buy Goods subject to these conditions.
4. CANCELLATION
(a) Except where 4(b), no charge will be made for cancellation by you 3 hours or more before the agreed time for delivery (which shall mean, where a time band has been agreed, the beginning of the time band.) If you cancel less than 3 hours before the agreed time of delivery, material ordered and delivered to site at the agreed time but not produced may incur the non-delivery fee which is up to the discretion of Best Concrete dependant on location and quantity ordered. If the delivery is planned for the first delivery slot of the day, cancellation would need to be performed before end of business the date before the delivery is due.
(b) Where we have ordered materials specially to meet your requirements and you cancel your written order at any time, we are entitled to charge you for our reasonable cost.
5. DELIVERY
(a) As long as we have used all reasonable endeavours to deliver at an agreed time or within the agreed time or within the agreed time band, as the case may be, we shall have no liability for any loss, cost, damages, charges or expenses caused by any delay in delivery.
(b) We reserve the right to suspend or delay delivery in the event of war, civil commotion, strikes, lock-outs, fire, flood, adverse weather conditions, delays at the other customers’ sites, non-availability of material or equipment, vehicle breakdown, plant breakdown or accident or any other cause beyond or reasonable control.
(c) You shall procure that a duly authorised person signs and prints their name legibly on our delivery tickets.
(d) All delivery tickets (POD) are sent with the invoice after delivery has been completed.
(e) If a Best Concrete vehicle is on site for more than 120 minutes (with concrete in the lorry) Best Concrete will not guarantee the integrity of the concrete.
(f) Extra water affecting strength or workability shall be noted on the Ticket/Invoice and is added only at the customer’s request and risk. The customer is advised that if extra water is added to the concrete this will result in non-conformance.
(g) The customers’ signature on our delivery ticket shall be deemed acknowledgment and acceptance of these conditions of sale.
(h) Provisions should be made for our driver to wash down chutes after delivery is complete before entering the highway
6. WEATHER
(a) Your attention is drawn to the fact that during extreme ambient temperatures, we are unable to guarantee the concrete if it falls outside EN206, BS8500 (below +5 to above +30 degrees centigrade). Your signature on the ticket is your awareness/acceptance of the above.
7. QUALITY
(a) We shall not be liable to the Buyer for any defect in the Goods, or for any loss alleged to arise from such defect, unless the Buyer notifies us in writing of the alleged defect or failure within 14 days of delivery, provides us with all reasonable facilities to enable us to investigate the matter promptly (including, in the first instance, a review of the electronic batch report), permits us to advise on any appropriate remedial action, and follows our reasonable advice by carrying out any reasonable actions we recommend. Failure to comply with these requirements will release us from any liability in respect of the alleged defect or any related loss.
(b) We will accept no responsibility for the workability, strength or quality of its concrete if you have added anything to it or authorised the alteration of the mix such as the workability of the concrete is different from that specified and ordered and outside the tolerances specified in the quotation.
8. ACCESS
(a) Each order is accepted by us on the understanding that access can be obtained to your site by a hard road. Our operator is entitled to refuse delivery if in his opinion there is a risk of damage to our vehicle.
(b) We shall have no liability for damage caused to your road or property or the roads or property of others by use of the vehicle except in the case of negligence by us, our employees, agents or sub-contractors.
(c) You shall be liable for any damage caused to our vehicle or injury to our employee, agents or sub-contractors or damage caused to your roads or property of others by reason of defects in the access road or negligence by you, your employees, agents or sub-contractors.
(d) Without prejudice to the generality of condition 6(c) if you request our operator to take our vehicle off the public highway this will reflect on the POD thereafter. You also acknowledge that we are relying on your knowledge of the site and you shall be liable for any damage or injury which may result from the action you have requested.
(e) We reserve the right to charge the non-delivery fee as which is up to Best Concrete’s discretion based on the location and quantity ordered, if we are unable to deliver because in our opinion there is a risk of damage to our vehicle or top the property.
9. WAITING TIME
(a) Prices are quoted on the assumption that discharge will not take over a 60-minute timeframe from when the vehicle arrives on site. If additional time is required for discharge every minute will be charged at £2 per minute after the 60-minute timeframe.
10. PAYMENT
(a) For customers with an agreed credit facility (granted upon fulfilment of our strict application criteria but may be withdrawn at discretion), the customer shall pay the invoice in full and in cleared funds by no later than 30 days following the month of the date of the invoice.
(b) We refuse to accept or complete any order, suspend supplies, impose special conditions or cancel the contract if your credit limit is or will be exceeded on delivery, or where you fail to comply with these conditions.
(c) In the case of late payment, we have the rights to charge interest (8%) on the net payment due.
(d) Any queries must be notified within 14 days of the invoice date.
(e) Our payment terms and your credit limit are agreed on the basis of information provided by you on the credit application form. If there is any change to any of that information you must notify us of the change within 14 days of its occurrence. We reserve the right to alter our payment terms and/or your credit limit in the event of a change to any of that information.
(f) Best Concrete owns the rights to the Goods until all outstanding balances have been paid in full unless stated otherwise in writing.
11. DESCRIPTION AND/OR SPECIFICATION
(a) You shall provide us with a description and/or specification of the Goods you require at the time of placing your order.
(b) If Best Concrete staff advise that you should be using different Goods, we will not guarantee the Goods delivered.
12. CONSEQUENTIAL LOSS
(a) We shall have no liability of any loss of profit, loss of business or depletion of goodwill in each case whether direct/ indirect or consequential or any claims for your consequential compensation whatsoever (howsoever caused) which arise from or in connection with any Goods.
13. HEALTH AND SAFETY
(a) We operate a health and safety policy, a copy of which is available on request.
14. RISK AND TITLE
(a) The risk of the Goods shall pass to you on delivery as provided by these conditions.