Conditions of Sale – King Concrete Ltd
Irrespective of the date of Order all products supplied are chargeable at the prices ruling on the day of delivery.
1) TIME OF DELIVERY
The time for despatch 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.
Cancellation will only be accepted by us on condition that all costs and expenses incurred by us up to the time of cancellation, and 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.
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.
Unless previously withdrawn, quotations remain valid for acceptance within the period stated therein or if no period is stated until four weeks of the date thereof and are subject to written confirmation on receipt of order.
5) TERMS OF PAYMENT
Strictly C.O.D., unless stated otherwise overleaf Cheque with Banker’s Card, Visa or Cash. The property in goods shall not pass to the Buyer unless full payment has been made for the whole consignment of which the goods formed part and if any of the goods in a consignment are resold or otherwise disposed of by the Buyer before payment has been made in full for what consignment the Company shall have the right to trace those goods and/or the proceeds of such sale or disposal and to repossess the goods or recover the proceeds of sale as the case may be. King Concrete Ltd 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.
6) 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, warranty or other term of the contract or otherwise, as to the fitness for purpose. suitability, performance, quality or merchantability of the goods or any of them. Save in so far 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. whether 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. King Concrete is not registered with BSR and therefore is not able to guarantee our concrete.
7) PROPER LAW
The Contract shall be in every respect governed by and interpreted in accordance with English Law in England and Scottish Law in Scotland.
8) DELIVERY OFF PUBLIC HIGHWAY
If. in order to affect his delivery on behalf of King Concrete Ltd, 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 or any part thereof. In the event of the vehicle becoming stuck or bogged down King Concrete Ltd will also look to the over signed for reimbursement of all vehicles recovery costs, repair or damage caused to our vehicle and loss of earnings whilst out of use.
Addition of extra water will reduce the strength and durability of the concrete mix.
Shortages 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.
Please be aware that we will need notice before the concrete is poured if you require cube testing. We will provide a fully qualified technician to carry out the procedure, but we will not take responsibility for any cube test taken by any third party.
12) HEALTH Ei 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. Of symptoms persist seek medical advice).