Welcome to Sand & Gravel Direct

Telephone: 0845 8726446

E-mail: Info@sandandgraveldirect.co.uk

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Conditions of sales

THE CONTRACT

a) This Quotation is an offer, which is subject to withdrawal on notice and to material of the description being available when required and which is open to acceptance and execution within 60 days of when it is dated. b) These conditions override any other conditions the Customer may seek to introduce (whether before or after the date of this Quotation) and shall be of no effect unless authorised by a Director of this Company.

PRICE

a) The Quotation applies to deliveries and work executed within the Company’s working days and hours up to mid-day on Saturday. Surcharges will be applied for work outside these hours and for Bank Holidays and Sundays. b) An extra charge will be made when the Customer requests deliveries to be made in quantities of less than a full load. c) We reserve the right to increase our prices by giving the Customer written notice.

PAYMENT

a) All sums become due and payable under these terms and conditions not later than 30 days from the date of invoice, irrespective of date received. Any credit facility allowed to the Customer by the Company may be altered or withdrawn at any time. b) The Customer shall not be entitled to withhold payment of any amount payable to the Company by reason of any dispute or claim by the Customer and in the case of any incorrect or short delivery shall remain liable to pay the full invoice price of all other goods delivered or available for delivery. c) Interest on overdue invoices shall accrue from day to day when payment becomes due until date of payment at a rate of 1% above the base interest rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

AVAILABILITY

a) Quotations are made in good faith, but orders are subject to the Material being available at the appropriate Company site. In the event that for whatever reason materials are not available as quoted, the Company is under no obligation to obtain them from another source, nor shall it be liable for any loss associated by the Customer or would be Customer.

SAMPLES

a) The supply of Materials under these conditions shall not be deemed to be a sale by sample. b) Any sample of Material submitted to you are intended to indicate only the substance and the general character of the Material and we accept no liability if the bulk of the Material does not correspond with the sample.

DELIVERY

a) Delivery at the quotation price is only for delivery to the site address specified on the quotation. b) Delivery dates mentioned in any quotation, or order acknowledgement or elsewhere are approximate only and not of any con tractual effect. The Company shall not have any liability for loss or damage (including loss of profit and consequential loss) to the Customer in respect of any failure to deliver on any particular time. c) Delivery of the Goods may be totally or partially suspended by the Company during any period in which it is prevented or hindered from such delivery by reason of any circumstances beyond its control (including but not limited to the default of any person, firm or company engaged by the Customer, act of God, force majeure, adverse weather conditions, war or hostilities, legislation, Govern ment order or direction, strike, lock-out, labour disturbance, civil commotion, fire, accident, breakdown of machinery or lack or shortage of labour or material or goods), and such suspension shall not give rise to any claim by the Customer against the Com pany, nor shall it give the Customer the right to terminate any agreement with the Company. d) The Company’s obligation is to deliver as near to site as a hard road permits. If a vehicle used for performing the Company’s obli gation to the Customer delivers or collects goods or materials to or from a place off the public highway the Customer is to be solely responsible for any accident or damage (including damage to the Company’s vehicle) resulting in consequence. e) If the Company’s vehicle is kept on site for longer than 20 minutes or has to return to the depot without completing delivery through lack of assistance, we reserve the right to make an additional charge. f) If the Customer does not accept delivery of goods ordered for any reason the Company reserves the right to make additional charges.

WARRANTY

a) No representation or warranty is given to the suitability or fitness of the material or goods for any particular purpose and the Cus tomer shall satisfy itself that the goods or materials are fit for purpose for which they will be used and shall be totally responsible therefore. b) The Customer is under duty to: (i) Specify the quantity and properties of the goods required at the time the order is placed and in any event delivery is due: and (ii) Inspect the goods on delivery or on collection as the case may be to ensure that the goods are fit for their intended use. (iii) Advise the Company in writing where aggregates are to be used for the production of high quality concrete or floor finishes or if the appearance of the finished product is essential. In the absence of such advice the Company shall not be liable for any costs of repair or reinstatement to the finished product due to the aggregate used.

LIABILITY

a) Nothing in this clause shall exclude or restrict the Company for death or personal injury resulting from negligence. b) Each of the sub-clauses in this liability clause is to be treated as a separate and independent and capable or severance. c) The Company shall be under no liability for any defects or shortage, which would be apparent on careful inspection. In the event that the terms of this clause are not complied with, the Company will be under no liability unless a written complaint setting out the alleged defects or shortage is received within 48 hours or the delivery. d) The Company agrees that if any defect is discovered in the goods or materials the Company will in its discretion pay for any reason able direct costs in the removal of and replacement to site or refund their invoice value. Without prejudice to any other provision in these conditions, the Company will not accept any other direct consequential loss or damages however arising.

TERMINATION

a) The Company reserves the right without prejudice to our legal rights to terminate the contract without notice if the Customer shall fail to remedy any continuing breach of the General Conditions of our Quotation, or any amendments agreed or if the Customer shall become bankrupt or to go into liquidation.

(TW 8/89) " The Consumer Protection Act 1987 and Section 6 of the Health & Safety Act 1974requires that we provide information relating to the safe use of our products. This Information is provided in the form of C.O.S.H.H. data sheets, which can be obtained from our Head Office