Terms & Conditions

CONDITION OF SALE (OF AGGREGATES AND SIMILAR AND ASSOCIATES MATERIALS) AND OF COLLECTING (OF WASTE)

1. Quotations are an offer which are subject to withdrawal on notice and to the materials being available when required and which is open to acceptance within 60 days after the date upon which it is made.
2. Any samples of the materials submitted to the customer are intended to indicate only the substance and the general character of the materials and we will not be liable if the colour, the grading or the particle shape of the bulk of materials fails to correspond with any such samples.
3. In the Quotation and in any contract between us and the customer any statements made by us at the time or the date of delivery of materials or of collection of waste are to be treated as approximate estimates based on then current trading conditions. Although we make every reasonable effort to deliver and to collect at any times arranged, we will not be liable for any loss or damage direct or indirect caused by arising out of any delay in our affecting any delivery or collection.
4. We do not undertake to deliver or collect any load over roads or other ground which we consider to be unsuitable, if a vehicle used by us delivers materials to or (as the case may be) collect waste from a place situated off a public road, the customer will be liable for any accident and damage which may result.
5. The customer shall ensure that each vehicle used by us to deliver materials or to collect waste will be unloaded or (as the case may be) loaded with all reasonable dispatch, and it is detained for longer than ten minutes for each operation we reserve the right to make a reasonable extra charge.
6. If the customer wishes to claim that there is any shortage on delivery in respect of any materials or that any materials have been damaged in transit or are defective or otherwise do not accord with the contract, he shall within forty-eight hours after their delivery give written notice to us and (in the case of any such shortage or damage) to any carrier by whom the materials were delivered. If the customer fails to give such notice the full quality of the materials shall be deemed to have bene delivered in accordance with the contract in all respects. If the customer permits the unloading of the whole or any part of a load, he shall be deemed to have accepted delivery.
7. Although we make every reasonable effort to supply good quality materials of the type specified in a Quotation or in any contract, if any materials supplied are shown to us in any way to be defective our liability shall be limited to the cost of their replacement. In no circumstances will we be liable for any other loss or damage direct or indirect caused by or arising out of the failure of any of the materials to accord with the type or quality of the materials ordered or by reason of any other matter whatsoever.
8. Unless otherwise expressly agreed by us in writing our prices for the supply of materials and for the collection of waste are based on our costs (including the cost of conforming to obligations imposed by Statue or Government Order) at the date when such prices were quoted or otherwise agreed, and we reserve the right to make a proportionate increase in our prices of there should be any increase in such costs.
9. Unless otherwise expressly agreed by us in writing our prices only cover working, delivery, and collection on our normal working days and during our normal working hours. If any working, delivery, or collection should at the customers request be effect outside our normal working hours, we reserve the right to make a reasonable extra charge.
10. We reserve the right to suspend deliveries or collections if the arrangements for payment or the customer credit are not satisfactory to us. In the case for non-payment of any sum when due or on the case of death, incapacity, bankruptcy, or insolvency of the customer or (when the customer is a limited company) in the case of liquidation or the appointment of a receiver, the price of all materials and waste invoiced by us and in addition we receive the right to cancel each contract made with the customer or to suspend deliveries of collections in either case without prejudice to our right to recover any loss sustained.
11. Unless otherwise expressly agreed, our prices for materials only cover their supply from the normal run of production. Where the customer requires some different or special grading a reasonable extra charge will be made to cover any additional costs. A reasonable extra charge will also be made if at the request of the customer we deliver material in quantities of less then a full vehicle load or we effect discharge or a load in any manner other than by immediate and continuous tipping at one point of discharge.
12. We will not be liable for any other breach of contract to any extent to which the same might be caused or might arise out of any matter beyond our control including Act of God, force majeure, adverse weather conditions, war or hostilities, legislation, Government order or direction, strike, lock-out, labor, disturbance, civil common, fire, accident, breakdown of machinery or lack or shortage of labour or materials or goods, and in any such case we will cease to be under any obligation to the customer to compete deliveries or collections under such contract by any particular time (but without prejudice to our right to recover payment for any materials already delivered or for any waste already collected).
13. Unless otherwise agreed by us in writing the above conditions shall apply to all contracts entered by us. Any stipulations or conditions in the customers order which would conflict with any of these conditions or in any way qualify or negative the same shall be deemed to be inapplicable to any contract entered into by us unless expressly agreed to by us in writing when we acknowledge the order in question.
14. Where this quotation includes terms relating to the collection of waste the customer warrants that such materials are inert and non-toxic and will not contaminate water supplies or atmosphere in the region of which they are tipped.
15. Customers are advised that we may monitor, and record telephone calls made during our business.
16. We reserve the right to claim title to goods not paid for in full.