Terms and Conditions for the Supply of Concrete
- Definitions
In these Terms and Conditions:
- “Seller” means the entity supplying the concrete.
- “Buyer” means the party purchasing the Goods from the Seller.
- “Goods” means all concrete, materials, and related products supplied by the Seller.
- “Contract” means the agreement between the Seller and the Buyer for the supply of Goods, incorporating these Terms and Conditions.
- Basis of Contract
2.1. These Terms and Conditions apply to all quotations, orders, and supplies of Goods by the Seller and shall prevail over any terms proposed by the Buyer unless expressly agreed in writing.
2.2. No variation of these Terms shall be binding unless confirmed in writing by an authorised representative of the Seller.
- Prices and Payment
3.1. Prices quoted are exclusive of VAT unless otherwise stated.
3.2. Prices are based on the information provided by the Buyer at the time of order. The Seller reserves the right to adjust prices where specifications, quantities, or delivery conditions change.
3.3. Payment shall be made in full by the due date specified on the invoice.
3.4. The Seller reserves the right to charge interest on overdue sums at the statutory rate applicable in the relevant jurisdiction.
3.5. Any queries must be notified in writing within 7 days of invoice.
- Orders and Cancellation
4.1. Orders must specify the required mix, quantity, delivery location, and delivery date.
4.2. The Seller may decline or postpone an order where safety, access, weather, or operational constraints make delivery impracticable.
4.3. Orders cancelled within 24 hours of the scheduled delivery time may incur charges for batching, transport, and wasted materials.
4.4. All online credit and debit card payments are processed securely. In the event of an overcharge or approved order cancellation, refunds will be credited back to the original card used for purchase.
- Delivery
5.1. Delivery times are estimates only and shall not be of the essence. The Seller shall not be liable for delays arising from traffic, weather, equipment failure, or site access issues.
5.2. The Buyer shall ensure that the delivery site is safe, accessible, and suitable for heavy vehicles.
5.3. If delivery cannot be completed due to inadequate access or unsafe conditions, the Buyer shall be liable for all associated costs, including return transport and disposal of unused concrete.
5.4. Waiting time beyond the standard allowance may be charged at the Seller’s prevailing rates.
- Quality and Specification
6.1. The Goods shall conform to the agreed specification and applicable industry standards at the time of delivery.
6.2. Once the Goods have been discharged, responsibility for handling, placing, compacting, and curing passes to the Buyer.
6.3. The Seller shall not be liable for defects arising from:
- the addition of water or additives on site without the Seller’s approval
- improper handling or placement
- unsuitable ground conditions
- inadequate curing or protection
- delays caused by the Buyer or third parties
- Risk and Title
7.1. Risk in the Goods passes to the Buyer upon delivery or discharge at the delivery location.
7.2. Title to the Goods passes to the Buyer upon full payment of all sums due under the Contract.
- Liability
8.1. The Seller shall not be liable for any indirect, consequential, or economic losses, including but not limited to loss of profit, delay costs, or third‑party claims.
8.2. The Seller’s total liability in respect of any claim arising under the Contract shall not exceed the price of the Goods supplied.
8.3. The Seller shall not be liable for damage to property caused by delivery vehicles entering the site at the Buyer’s request.
- Returns and Rejected Loads
9.1. Concrete is a perishable product and cannot be returned once batched.
9.2. Claims relating to quality must be made immediately upon delivery and supported by appropriate test results where applicable.
9.3. The Seller reserves the right to reject claims where the Buyer has altered the mix or failed to follow proper handling procedures.
- Health and Safety
10.1. The Buyer shall ensure that the delivery site complies with all applicable health and safety regulations.
10.2. The Seller may refuse to discharge the Goods if, in its reasonable opinion, the site presents a safety risk.
10.3. Concrete is an alkaline material and may cause burns. The Buyer is responsible for ensuring that appropriate protective equipment is used.
- Force Majeure
The Seller shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including but not limited to extreme weather, strikes, equipment breakdown, or shortages of materials.
- Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the Seller operates. Any disputes arising under the Contract shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
