1. Application of Conditions
These conditions of sale apply to all contracts between us and the customer, unless otherwise agreed in writing by a director of the company. They shall apply in place of, and prevail over, any other terms or conditions, whether contained or referred to in the customer’s order, or in correspondence or elsewhere, or implied by trade, custom, practice or course of dealing.
2. Formation of Contract
A contract shall only come into existence upon our written acceptance of the customer’s order or on delivery of the goods. A quotation given by us does not constitute an offer and we may withdraw or revise a quotation at any time before our acceptance in writing of the order or delivery.
3. Delivery Dates
Delivery dates mentioned in any quotation, order, acknowledgement of order, or elsewhere are approximate only and not of any contractual effect. We shall not be under any liability to the customer in respect of any failure to deliver on any particular date or dates.
4.1. All orders must state the place of delivery of the goods and where a period is named for delivery the customer must take delivery within that period.
4.2. Delivery shall take place when the goods are unloaded at the place of delivery.
4.3. Where goods are delivered by us to site:
4.3.1. our obligation is limited to deliver as near the site as a safe and a hard road permits: and
4.3.2. the customer must provide, free of charge, reasonable assistance in unloading and stacking
4.3.3. In the case of banded bricks, blocks or palletised loads of material that require mechanical assistance in unloading:
(a) the customer must make available on site, free of charge, cranes or forklift trucks or other mechanical means of suitable design to unload the goods: and
(b) if our on vehicle crane is used we will not be reponsible for any damage caused to road, driveway or hard standing if we have made every reasonable precaution by using pads to protect feet to stop this. Customer must make us aware if these area may cause problems: and
(c) if, as a result of a lack of mechanical assistance, our driver returns without unloading, or is detained at site, we reserve the right to make an extra charge
4.3.4. The customer must advise us of any local traffic regulations which may affect or restrict delivery and have any necessary assistance available to enable unloading to take place at the agreed time.
4.3.5. If, for any reason, delivery is made outside our normal hours of business, we reserve the right to make an extra charge.
4.4. Where the customer collects, or arranges collection, of the goods from our premises, the customer does so at its sole risk (except for death or personal injury caused by our negligence).
5. Instalment Deliveries
We shall be entitled to deliver goods by instalments. Each instalment shall be treated as a separate contract. Any failure or defect in delivery of any one or more instalments, or delay in delivery of any one or more instalments, shall not entitle the customer to cancel the contract for any instalments already delivered or to be delivered in the future.
Risk in the goods shall pass to the customer upon delivery (or, where goods are to be collected, upon collection or 7 days after we notify the goods are available for collection, whichever first occurs).
All prices are subject to change without notice. The price charged for the goods will be that ruling on date of delivery. Unless otherwise specified, VAT and any other tax or duty payable by the customer will be added to the price.
On approved credit accounts payment of invoices must be made in full without any deduction of set-off on or before the last day of the month following the date of delivery and time shall be of the essence. If no credit terms have been approved then payment must be made at time on order.
Interest shall be payable on overdue accounts at the rate of 3% per annum above the base rate of Barclays Bank PLC and will accrue from day to day from the due date for payment until receipt by us of the full amount whether before or after judgement. In addition the customer must reimburse us for any expenses reasonably incurred by us in the collection of overdue payments. Without affecting any other remedies we have, any failure by the customer to make payment in full when due shall entitle us to withhold further deliveries under any contract with the customer and to make further deliveries subject to such conditions as to payment as we may decide are appropriate.
10.1. The goods shall remain our property until the customer has paid all sums due to us on any account whatsoever. Until that time the customer must hold them as bailee and store them in such a way that they can be identified as our property.
10.2. Although the goods remain our property until paid for, they shall be at the customer’s risk from the time of delivery and the customer must insure them against loss or damage accordingly.
10.3. The customer’s right to possession of the goods shall cease if:
10.3.1.the customer has not paid for the goods in full by the expiry of any credit period allowed by this contract.
10.3.2.the customer is declared bankrupt or makes any proposal to his creditors for a composition or other voluntary arrangement.
10.3.3.a receiver, administrative receiver, liquidator or administrator is appointed in respect of the customers business.
10.4. On cessation of the customers rights to possession of the goods, the customer must at his own expense make the goods available to us and allow us to repossess them.
10.5. The customer grants us, our agents and employees an irrevocable licence to enter any premises where the goods are stored in order to repossess them or inspect them at any time.
We shall not be liable to the customer:
11.1. for shortages in quantity delivered, unless the customer notifies us within 24hrs of receipt of goods;
11.2. for damage to or loss of goods or part of consignment in transit (where the goods are carried by our own transport or by a carrier on our behalf), unless the customer notifies us and the carrier (if any) in writing of claim within 24 hours of receiving the goods.
11.3. for defects in the goods caused by an act, neglect or default of the customer or any third party;
11.4. for defects in the goods if the customer is unable to produce on request satisfactory proof of purchase of the goods from us.
11.5. for defects in the goods which would have been apparent on inspection or testing before incorporation into building works and the customer did not make such inspection or tests.
11.6. for defects in the goods to the extent that the manufacturer of the goods has limited its liability and such limitation has been advertised or announced in trade literature or may otherwise be deemed to be known to the customer.
12. Countermands and Returns
12.1. We cannot accept returns or countermands of goods obtained or made, or to be obtained or made, specially to customers requirements.
12.2. We shall be under no obligation to accept the return of goods in good order and condition, but if we agree to do so, we reserve the right to make a handling charge of 40% of the invoice price.
12.3. Our drivers have instructions not to accept the return of any goods without written authority. Goods returned without our prior written approval may, at our absolute discretion, be returned to the customer or stored at the customers cost, without limiting any other remedy we may have.
12.4. We shall be under no obligation to accept countermands and cannot agree to do so in case of goods ready for despatch or in process of manufacture.
12.5. We shall be under no obligation to issue a credit note for goods and cannot agree to do so unless proof of purchase can be made.
12.6. We shall refund goods in their unopened original packing, if returned within 28 days with a valid receipt. If goods were delivered we will not refund delivery charges and a collection charge will be deducted if we are required to collect. The only exception to this is paper bagged Cement & Plaster which we will not accept back.
12.7. Goods order on the website have a 14 day return policy in unopened and original packaging. On return we will refund only the value of the goods.
13.1. Subject to these conditions of sale we warrant that we will make good any shortage or non-delivery, and/or as appropriate and at our option, replace or repair, any goods found to be damaged, or which are defective by reason of faulty materials or workmanship, and provided that notice of the defect is given to us within 24 hours of delivery.
13.2. Except where the customer is dealing as a consumer (as defined in the unfair Contract Terms Act 1977 Section 12) all other conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are excluded and we shall be under no liability to the customer for any loss (including consequential or economic loss), damage, or injury, direct or indirect, resulting from any default in failure of or unsuitability for any purpose of the goods, whether caused by breach of contract, misrepresentation, negligence or otherwise (except that liability for death or personal injury caused by our negligence is not excluded).
14. Withdrawal of Products
We will normally give prior warning of the withdrawal of a product or product line but shall not be under any legal obligation to do so. We cannot guarantee continuity of supply of any particular product or product line.
15. Samples and Descriptions
15.1. Our providing samples for analysis by the customer, or inspection of samples by the customer, shall not render any sale a sale by sample.
15.2. No guarantee, or warranty, is given that supplies will correspond exactly to the description of sample. The use of description or sample shall not constitute the contract a sale by description and/or sample.
We shall be entitled to claim reasonable tolerances in respect of the goods and reserve the right to make adaptations to the goods supplied by us due to technical developments. We give no conditions or warranty that the goods are fit for any particular purpose for which the customer may require them. The customer must satisfy itself before ordering the goods that the goods are fit and suitable for the purpose for which the customer requires them.
17. Packaging and Containers
17.1. Where marked or invoiced as returnable, charges for crates, cases or packing will be refunded if they are returned to us carriage paid clean and in good condition within 28 days of delivery.
17.2. Where goods are sold packed the extent of packing and or protection necessary will be at our discretion. Any special packing stipulated by the customer will be charged to the customer. Any goods sent unpacked at the customers request will be at the risk of the customer.
18. Specially Made and Cut to Size Goods
Where we cut to size or supply any goods or services inaccordance with any specification, drawings, designs, sketches, instructions or directions submitted by the customer:
18.1. the customer agrees to indemnify us against all damages, losses, costs, claims or expenses we incur in connection with any claim made against us for infringement of rights of any third party in the execution of the customers order.
18.2. any minor additions, omissions or defects which do not materially affect commercial or domestic use of the goods will not entitle the customer to refuse delivery.
18.3. we shall be under no liability to the customer in respect of any defect in goods arising from any specification, drawing or design supplied by the customer.
19. Health and Safety
The customer shall be responsible for ensuring that all statutory, Government or Local Authority regulations are complied with in relation to the use of any goods purchased from us. The customer shall ensure that all instructions, Hand Books, Notices and Warnings issued with the goods are properly understood and complied with at all times by all persons using the goods or working within close proximity to them.
20. Insolvency and Default
If the customer;
20.1. shall convene a meeting of its creditors; or
20.2. shall be the subject of a proposal for a voluntary arrangement within part 1 of the Insolvency Act 1986; or
20.3. shall be the subject of any other proposal for any composition, scheme of arrangement with, or assignment for, the benefit of its creditors; or
20.4. shall be unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or
20.5. shall have a trustee, receiver or administrative receiver or similar officer appointed in respect of all or any part of its business or assets; or
20.6. shall be subject to a petition presented for its winding up or for the making of an administration order; or
20.7. shall cease to carry on, or shall threaten to cease to carry on, its business or any substantial part of its business; or
20.8. shall convene a meeting, or be the subjet of a meeting convened, for any of the foregoing purposes; or
20.9. shall commit any breach of the contract or any other contract between us and the customer
we may without affecting any of our other rights stop any goods in transit and/or suspend further deliveries and/or by notice in writing to the customer immediately end the contract.
21. Force Majeure
Notwithstanding any other of these conditions, we shall not be liable to the customer for loss or damage which may be suffered by the customer as a direct, or indirect, result of supply of goods by us being prevented, hindered, delayed or rendered uneconomic by reson of circumstance or events beyond our reasonable control including (but not limited to):
21.1. act of God, war, riot, strike, lockout, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm; or
21.2. difficulty or increased expense in obtaining labour materials or transport, or other circumstances affecting the supply of goods or of raw material s by our normal course of supply, or the manufacture of the goods by our normal means, or the delivery of the goods by our normal route or means of delivery.
22.1. Failure on our part to enforce or exercise any of our rights shall not be treated as a waiver of any of our rights nor operate so as to bar the exercise or enforcement of them at any later time.
We reserve the right to sub-contract the whole or any part of the contract.
The customer must not assign or purport to assign any contract without our prior consent in writing.
25. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the jurisdiction of the English Courts.
26. Privacy and Security Policy