CONDITIONS OF SALE AND DELIVERY
1.WAITING TIME. Prices are quoted on the assumption that no unreasonable delay of discharge will occur. Waiting time will be charged as per rates printed overleaf.
2. ACCESS. Each order is accepted by us on the understanding that your site can be approached by a hard road. Our driver is empowered to refuse delivery if in his opinion there exists a risk of damage to his vehicle, you being responsible for costs incurred if the delivery is aborted. We accept no liability for damage caused to your roads or property or persons of others on the site by use of the vehicle. You shall be liable to make good any damage caused to our vehicle, or harm to our personnel by reason of defects in the access road or negligence on the part of you or your employees.
3. WATER. Extra water affecting strength or workability will be noted on the Delivery Ticket/Invoice and is added only at the customerís request and risk.
4. CANCELLATION. No charge will be made for the cancellation by you up to 2 (two) hours before time of departure except in the event where goods have been specially processed to meet your requirements, in this event you will be liable for expenses incurred by us. Consignments ordered and delivered to site must be paid in full.
5. DEFECTS. Our liability in respect or defects in our ready mixed concrete (including failure to comply with specifications) is limited to the cost of removal and replacement. We can only accept such liability where you can establish that :-
(a) No additional water or other material has been added to the product after it has been declared by our agent or employee as ready for acceptance.
(b) The sample tested has been taken during discharge from our vehicle in accordance with the relevant clauses of BS1881 and BS5328.
(c) All sampling, making, curing and testing of specimens has been carried out in accordance with the relevant clauses of BS1881 and BS5328.
(d) Test results have been interpreted in accordance with BS5328 or any specification previously agreed by us. It should be recognised that for well controlled continuous production there is always the slight probability of a result occurring below the compliance limit and that it is not normally possible to predict its occurrence.
(e) References to the compressive strength in the specification shall unless otherwise agreed refer to compressive strength concrete cubes, made, cured and tested in accordance with BS1881 and BS5328 by a UKAS Approved Test House.
(f) You have notified us of any result indicating a possible failure to meet the specification as soon as the results are available to you.
(g) We have been given the opportunity of investigating any alleged defect and of making any recommendation as to any remedial action to be taken.
6. CONSEQUENTIAL LOSS. We shall under no circumstances be liable for any consequential loss or damage.
7. DELAYS. We reserve the right to suspend or delay without penalty of any kind in event or war, civil commotion lockouts, fire, fog or any other inclement weather conditions, delays in any type of transport, non-availability, plant or truck breakdown or any accident of other cause.
8. PRICE VARIATION. Quoted prices are based on the cost of materials and labour ruling at the date of quotation, in the event of fluctuation of costs we reserve the right to make corresponding variations in prices after giving due notice.
9. ACCEPTANCE. This quotation is conditional upon written acceptance to us within 7 (seven) days of the quotation date.
10. PAYMENT. Quoted prices apply to payment by cash-on-delivery (COD) or by previously agreed credit arrangements. We reserve the right to refuse to execute any order or discontinue any deliveries if the arrangement for payment or your credit is not satisfactory to us, or if your account is overdue for payment. You may not withhold payments due as a lien.
11. CASH ON DELIVERY. The amount indicated on the face of the Delivery Ticket, which is also our invoice, must be paid to the driver before materials can be discharged. Our driver will provide you the customer with a copy of the Deliver Ticket acknowledging receipt of the payment. Terms COD unless otherwise agreed.
12. CONDITIONS. Any contract resulting from acceptance of this quotation shall be subject to these Conditions of Sale and Delivery to the exclusion of any conditions which you seek to impose. No variation of these Conditions may be agreed except in writing over the signature of a manager of Axtell.
13. AGREEMENT. Customers signature on our Delivery Tickets shall be deemed acknowledgement, agreement and acceptance of these Conditions of Sales and Delivery.