1. Unless previously withdrawn, quotations are valid for thirty days from their date, and the following terms and conditions apply to all sales to the
exclusion of all proposals or communications. Variations or additional terms shall only have effect if expressly accepted by Grundon Sand & Gravel
Limited (the Company) in writing.
2. PRICE VARIATION:
Prices are based upon the cost of materials, labour, equipment, transport and operation ruling at the date of the quotation. In
the event of any variation in such costs between the date of the quotation and the date of delivery the charge to the Purchaser will be adjusted.
3. EXTRA COSTS:
If the Company is required to make deliveries outside the normal working hours or in part loads or in the event that discharge
is not completed within thirty minutes from arrival of the delivery vehicle, the Purchaser will be charged extra in accordance with the
Company’s rates from time to time in force or as specified on the front hereof as appropriate. Such costs to be subject to variations in
accordance with Clause 2. above.
(a) The Purchaser will provide a proper means of access to the Purchaser’s site, a safe and sound site and adequate manoeuvring space
at the point of discharge. If in the opinion of the Company the access or site is unfit they may, at their discretion refuse to complete the
order. The full costs will be invoiced to the Purchaser in such an event.
(b) Save for death or personal injury or damage to property caused by the Company’s negligence the Purchaser will indemnify the Company
against damage or injury to the Company’s property or employees or the property or person of others including the Purchaser and its
employees occurring whilst the Company’s delivery vehicles are on the Purchaser’s site or place of delivery or any access thereto.
(c) The Purchaser or an authorised employee or agent of the Purchaser shall accept delivery and sign the delivery note. The Purchaser
shall be bound by the signature on such notes of any person appearing to the driver of the delivery vehicle to be authorised to sign the
same unless the Purchaser has previously notified the Company in writing that only specified persons are so authorised.
(d) Without prejudice to the provisions of Clause 4(c) above the Company shall not be liable in respect of complaints relating to delivery of incorrect
quantities unless it is notified within one working day of the time of delivery such complaint to be confirmed in writing within five working days.
Where such complaints are found to be justified the Company’s liability shall be confined to making good any deficiency in quantity.
(e) The ownership of the material shall pass to the Purchaser at the moment either of its discharge from the delivery vehicle or of its
discharge from the Company’s plant into any vehicle or receptacle provided by the Purchaser.
(f) Delivery vehicle shall mean any vehicle owned, hired or contracted to or by the Company from the delivery of materials.
5. SUSPENSION OF DELIVERIES:
Deliveries may be totally or partially suspended during any period in which the Company may be prevented
or hindered from manufacturing, supplying or delivering the materials due to breakdown of plant, non-availability of materials, labour disputes,
fire, accident, inclement weather, transport difficulties or delays, or any circumstances outside the Company’s control. The Company will
make every effort to inform the Purchaser should such an occasion arise but shall be under no liability to the Purchaser through failure to
deliver in such circumstances.
Whilst every effort will be made to meet any delivery requirements the Company shall not be liable for any loss or damage consequential or
otherwise arising through its failure to meet such requirements.
(a) Without prejudice to its rights at common law or otherwise the Company reserves the right to charge the Purchaser for all costs incurred
as a result of the cancellation or variation of the whole or a substantial part of an order at whatever stage together with loss of profit and
all other consequential loss.
(b) No cancellation of any daily requirement for supply can be accepted unless such cancellation is received at the Company’s works in
time to prevent that order being loaded. The Purchaser will be charged in full for any materials batched, mixed or loaded at the time of
cancellation together with any costs of disposal.
(a) Materials sold by us shall be of the type shown on the front hereof and shall accord with the specification stated as relevant by usage
of the industry for the type stated.
(b) No specific warranty or guarantee is given other than in (a) above unless by express arrangement agreed in writing by the Company and all
other warranties and conditions are hereby excluded whether expressed or implied by law or otherwise and in particular the Company acts
only as a supplier of materials to the order of the Purchaser and knowledge for the purposes for which the materials are intended to be
used does not imply any warranty on the part of the Company as to the quality or fitness for that purpose of the materials to be supplied.
8. DEFECTS: subject as hereinafter mentioned the Company will make good, by replacement or otherwise, any defects in the materials supplied
(including failure to comply with any specification previously agreed in writing between the Company and the Purchaser) and shall bear any
expense reasonably and necessarily incurred by the Purchaser as a direct consequence of such defect (but not including delays or other
indirect consequences). This warranty and undertaking is subject to the following provisions.
(a) The Company will accept no responsibility for faults in or failure of the materials due to use in unsuitable applications or to the handling,
treatment or methods of placing adopted by the Purchaser after the materials have been delivered to site or loaded into any vehicle or
receptacle provided by the Purchaser.
(b) The Company will accept no responsibility unless the alleged defects are notified to the Company as soon as possible after their delivery
(but in no case exceeding twenty-eight days from the date on which the materials were supplied) and a written complaint quoting the
number of this quotation is received at the Head Office of the company promptly thereafter.
(c) The Company will accept no responsibility unless it has been given an opportunity of investigating any alleged defect and of making
representations as to any remedial action to be taken.
(d) If a defect in the materials should have been revealed by examination on delivery the Company’s responsibility in respect of such defect
shall be limited to the delivery of a fresh supply of materials to replace the defective materials (without prejudice to the necessity for
compliance with the provisions of this paragraph).
Terms are nett monthly account with payment to be received by the Company not later than the end of the month following the
month of delivery. The Company reserves the right to refuse to execute any order or to suspend or discontinue deliveries if the arrangements
for payment or the Purchase’s credit is not satisfactory to the Company or the Purchaser’s account is overdue for payment and to charge
interest on any balances overdue for payment at the rate of 2% over Bank Base Rate from time to time in force per annum.
10. AGGREGATE LEVY:
Unless otherwise stated, government aggregate tax is included at the rate applicable on the date of quotation. The Company reserves the right to amend prices to include the tax at the applicable rate at the time of delivery/collection.