TERMS AND CONDITIONS OF SALE

1) TIME OF DELIVERY
The time for dispatch stated in this quotation is an estimate and shall date from receipt by us of definite instructions to proceed, with the necessary information. We undertake to adhere as closely as possible to the period stated, but can accept no liability for failure to do so; or for any loss or delay occasioned by strikes, lockouts, fire, accident, delay in transit after leaving our works, or other contingency beyond our control.

2) CANCELLATION
Cancellation will only be accepted by us on condition that all costs and expenses incurred by us up to the time of cancellation, all loss of profits and other loss or damage resulting to us by reason of such cancellation will be reimbursed by the customer to us forthwith. Standard cancellation charges are as follows £200 charge for cancellation without 24hour notice, £350 call out charge for each vehicle cancelled on route to delivery or same day cancellation. Any orders requiring x2 or more vehicles cancelled on the day of delivery will be charged at 50% of the total order value. All cancellation fees are subject to VAT.

3) WAITING TIME
Upon arrival within allocated time, 15 minutes are allowed to unload each cubic metre capped at 60 minutes, after said time a charge of £2.50 per minute will be charged up until completion of pour. Site will be expected to be ready from start of allocated time and will be charged a waiting time charge for anytime spent waiting to begin.

4) ADVERTISEMENTS
All descriptions and illustrations contained in our catalogues, price lists and other advertising matter are intended merely to present a general idea of the equipment described therein and shall not form part of the contract.

5) QUOTATIONS
Unless previously withdrawn, quotations remain valid for acceptance within the period stated therein or if no period is stated until 2 weeks of the
date thereof and are subject to written confirmation on receipt of order.

6) TERMS OF PAYMENT
Strictly payment upon completion via card or cash unless you hold an active account with Carters Concrete – payments should then be made adhering to account terms and conditions issued. The property in goods shall not pass to the buyer unless full payment has been made for the whole consignment. Carters Concrete reserves the right to remove all goods not paid for in full from the site. Any damage caused in doing so remain the liability of the customer and/or overseer of the property.

7) LATE PAYMENT FEES
Non-Account customers are required to make full payment upon completion of delivery and will be charged a waiting time rate of £2.50 per minute should payment not be readily available upon completion. Account customers must make payments within the terms of their account which will be specified by Carters Concrete when the account is granted. Should payments not be made within the specified account terms or upon completion of delivery (non-account customers), late payment fees will be added to the invoice at the rate of £75 per overdue day recurring until the invoice is settled in full. Late payment fees are also subject to VAT.

8) CONDITIONS AND WARRANTIES
All implied conditions, warranties and guarantees implied by statute common law or otherwise are hereby excluded, and, save as expressly stated herein or on the face of the Company’s Offer the Company gives no warranty or guarantee, and does not promise or undertake any obligation as a Condition warrant or other term of the contract or otherwise, as to the fitness for purpose, suitability, performance, quality of merchantability of the goods or any of them. Save insofar as otherwise expressly stated herein or on the face of the Company’s Offer, the Company shall not be liable for any loss, damage, injury or delay whatsoever. However, the same may arise or be caused, either by the negligence of the Company, its servants or agents or otherwise, and whether in the performance of the contract or otherwise, in no circumstances shall the buyer be entitled to recover damages, whether direct, indirect, consequential or otherwise, from the Company.

9) PROPER LAW
The Contract shall be in every respect governed by and interpreted in accordance with the English Law in England, and Scottish Law in Scotland.

10) WATER
The addition of extra water will reduce the strength and durability of the concrete mix.

11) DELIVERY OFF PUBLIC HIGHWAY
If, in order to affect our delivery on behalf of Carters Concrete, the Driver is required to leave the Public Highway and drive onto private property, this will be done at the sole responsibility of the over signed, who will become fully responsible for any consequential damage that may occur to the said property of any part thereof. In the event of the vehicle becoming stuck or bogged down Carters Concrete will also look to the over signed for reimbursement of all vehicle’s recovery costs, repair or damage caused to our vehicle and loss of earnings whilst out of use.

12) COMPLAINTS
Shortages and complaints must be notified to the driver immediately on site and by telephone to the office within 30 minutes of delivery, whereon, a complaint reference number will be given. Unless the procedure is followed the company cannot accept responsibility for shortages.

13) TESTING
Testing of concrete should be made in accordance with BS 8500. The driver must be informed when a test is to be carried out and the concrete must be taken directly from the mixer in order for compliance procedures to be checked. Unless the procedure is followed the company cannot accept responsibility for any defective concrete.

14) HEALTH & SAFETY WARNING – CONCRETE BURNS
Where skin contact occurs with wet concrete either directly or through saturated clothing, the clothing must be removed and the affected area thoroughly washed with clean water. If symptoms persist seek medical advice. Carters Concrete do accept any responsibility/liability for any injuries sustained.

15) SITE PREPARATION PRIOR TO DELIVERY
It is the sole responsibility of the customer and/or their builders/staff to have suitably prepared the site prior to our arrival upon delivery. Should the customer require any protective materials i.e tarp, dpf, boarding etc to be laid out to prevent any mess from spillage or splashing, Carters Concrete do not provide these materials and cannot be held accountable for any excess mess/damage due to a lack of preparation. Any provided materials are the sole responsibility of the customer and must be disposed of by the customer, not Carters Concrete. A suitable washout area must also be provided by the customer for any vehicles attending site. Site preparation also includes preparing any parking permits, road closures and/or further parking requirements prior to our arrival. Should any fines/tickets be incurred to us as a result of parking in any way, these costs will be forwarded in full on the customer/hirer.

16) OUT OF HOURS CHARGES
Out of hours fees are charged at £500 +VAT per vehicle when pre-booked or scheduled for an out of hours delivery. Should any standard delivery overrun past 17:30pm, out of hours charges will be charged at a standard rate of £300 +VAT per hour, rounded up to the nearest hour block. This means that should your delivery be completed at 18:43pm for example, charges will be applied up to 19:30pm, rounded up to the closest full hour block.