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TBL Concrete Limited

Standard conditions of Sale

1 Definitions
In these conditions, unless the context requires otherwise:
1.1 ‘Buyer’ means the person who buys or agrees to buy the Materials from the Seller;
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document
1.3 ‘Contract’ means the contract to be entered into between the Buyer and Seller which incorporates these Conditions together with any other terms set out in a written quotation or estimate given by the Seller to the Buyer in writing and/or the invoice for the supply of the Materials agreed to be supplied                                                     .;
1.4 ‘Delivery Date’ means the date when the Materials are to be delivered confirmed to the Buyer at the time of order which date is then stated on the Seller’s delivery docket          
1.5 “Excess Charge” the charge the Seller shall be entitled to make to the Buyer for any hour or part of an hour spent by the Seller in unloading the Materials on Site in excess of the 30 minutes allowed for within the Price at its current rate as indicated in its quotation or notified to the Buyer at the time of placing the order.   
1.6 ‘Materials’ means the concrete products which the Buyer agrees to buy from the Seller
1.7 ‘Price’ means the price of the Materials at the time of despatch and quoted in writing by the Seller to the Buyer prior to or on the Buyer placing its order plus Value Added Tax         
1.8 ‘Seller’ means TBL Concrete, Shipdham Airfield Industrial Estate, Mile Road, Shipdham, Norfolk IP25 7SD.
1.9 ‘Site’ means the place to which the Buyer has requested that the Seller delivers the Materials
2. Contract Conditions          
2.1 These Conditions shall apply to the supply of Materials by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.     
2.2 No variation to these Conditions will be binding upon the Seller unless agreed in writing by an officer of the Seller and any other conditions sought to be imposed by the Buyer on the Seller unilaterally are specifically excluded.
2.3 Having made copies of these conditions readily available on its website at its main office and on its quotations and estimates the Seller shall be entitled to assume that all orders for Materials shall be an offer by the Buyer to purchase Materials on the basis of these Conditions .
3. Quotations
All quotations and estimates given in writing by the Seller will be valid for the period stated in such quotation or estimate and otherwise for 30 days but may be withdrawn at any time by the Seller on written notice before receipt of an order from a Buyer.

4. Price and payment           
4.1 The Price shall be the price quoted in the Seller’s invoice. . The Price is exclusive of VAT which shall be due at the rate prevailing on the date of the Seller’s invoice.
4.1.2 The Price allows for the unloading of the Materials on Site within 30 minutes of arrival at the Site and the Seller reserves the right to charge an Excess Charge if unloading time exceeds 30 minutes through no fault of the Seller or its employees unless otherwise agreed in writing between the Buyer and the Seller.
4.1.3 The Seller may make an additional charge at its current rate and notified by the Seller to the Buyer prior to delivery and confirmed in either the quotation, invoice or delivery docket if the delivery of Materials is to a Concrete pump  
4.2 Payment of the Price and VAT shall be made to the Seller as follows:
(i). In the case of Buyers who have agreed credit accounts facilities with the Seller, payments shall be due by the end of the month following the month in which the Materials are delivered to the Site
(ii) In all other cases payment shall be made either prior to or upon delivery of the Materials to the Site.
4.3 The Buyer shall not be entitled to make any deduction or set-off from any sums due to the Seller4.4 the Seller reserves the right at its absolute discretion at any time to insist upon:
4.4.1 Payment by way of cleared funds prior to making a delivery of Materials.
4.4.2 Interest on any sums overdue for payment from the date the same became due until the date of payment at the rate of 4% above the base rate of the Sellers bank from time to time which shall accrue at such a rate after as well as before judgment.

5 The Materials
5.1 The quantity and description of the Materials shall be as specified in any written quotation or estimate given by the Seller or if none in the Seller’s invoice.
5.2 The Materials supplied shall comply with the Quality Standard rules for Ready Mixed Concrete and the relevant sections of EN206/BS8500-2 save in respect of:
Aerated concrete
Foamed concrete
Ni fines concrete
Concrete with density less than 800 kilos per M³
Refractory concrete
6. Delivery
6.1 The Buyer is responsible to ensure that the Seller is provided with sufficient address and details of the Site and point of unloading to enable the Seller to satisfactorily deliver the Materials.
6.2.1 Not less than 2 working days’ notice shall be given by the Buyer to the Seller of a request for delivery. 
6.2.2 Any times and dates quoted by the Seller for delivery are approximate only and cannot be guaranteed.
6.3 The time for delivery shall not be of the essence of the Contract.
6.4 The Seller shall not be liable for any loss resulting from non-delivery of Materials on the estimated Delivery Date provided that wherever possible the Seller will notify the Buyer if it will not be possible to make the delivery on the day requested.
6.5. Deliveries will not be made outside of the hours of 7:00am to 5:00pm Monday to Friday or public holidays unless otherwise specifically agreed in writing.
6.6 Any failure on the part of the Seller to deliver on the date requested by the Buyer because of inadequate delivery instructions shall be at the cost of the Buyer.
6.7. The Seller’s failure to deliver as a result of either unsuitable access to the Site or the Site being unsuitable for delivery shall be at the Buyer’s expense.
6.8 All health and safety requirements in respect of the Site shall be the Buyer’s responsibility and the Buyer shall be liable for and indemnify the Seller against any accident or damage occurring due to unsuitable access or condition of the Site
7. Acceptance of Materials
The Buyer shall be deemed to have accepted the Materials upon them being delivered to Site and shall not be entitled to reject the Materials once laid unless they fail to meet the standards set out by the Quality Scheme for Ready Made Concrete.
8. Inspection and Shortages
8.1 The Buyer must inspect the Materials once unloaded on Site and shall immediately advise the Seller’s driver if there is an issue as to the quality of the Materials supplied and shall telephone and/or notify the Seller in writing within two working days of delivery of any claim for short delivery.
8.2 If the Buyer fails to notify the Seller of short delivery within two working days the weights or quantities delivered shall be deemed to comply with the Buyer’s order.
8.3 The Seller’s liability in the case of short delivery shall be limited to making good the shortfall.
8.4 Short delivery shall not affect the Buyer’s obligations to pay the full Price as invoiced.
9. Risk and Title
9.1 The risk in Materials shall pass to the Buyer upon delivery to the Site
9.2 Until the Seller has received payment in cleared funds of all sums owed by the Buyer to the title to the Materials shall remain with the Seller.
9.3 The Seller shall be entitled to be paid the full price of the Materials including VAT notwithstanding that ownership in the Materials remains with the Seller.
9.4 The Seller shall be entitled at all times to access to the Site recover the Materials until title has passed.
10. Defects in Materials
10.1 In these Conditions "Defect" shall mean the condition and/or any attribute of the Materials and/or other circumstances which but for the effect of the Conditions would have entitled the Buyer to damages.       
10.2 Nothing in these Conditions shall exclude or restrict the Seller’s liability for death or personal injury resulting from its negligence or the Seller’s liability for fraudulent misrepresentation.
10.3 If the Buyer deals as a consumer as defined by the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1994 ("a Consumer") any provision of these Conditions which is of no effect shall not apply and the statutory rights of a Buyer dealing as a Consumer will not be affected by these Conditions.
10.4 Where a Buyer would be entitled to damages against the Seller the Seller shall not be liable to pay damages if it can rectify the Defect in the Materials supplied at its own expense but if it is unable to do so the limit of its liability shall be limited to the Price paid for the relevant Materials.  
10.5 The Seller will not be liable under this Clause:  
(i)         If the Defect arises from fair wear and tear; 
(ii)        If the Defect arises from damage, negligence, abnormal working conditions, misuse, alteration or repair of the Materials by someone other than the Seller, failure to follow the British Standard or industry instructions relevant to the Materials or their storage and
(iii) In respect of ready-mix materials or If water or any other spoiling material has been added to the Materials without written agreement of the Seller Unless after the discovery of a Defect the Seller is given reasonable opportunity to inspect the Materials before they are in any way interfered with.

11 Warranties and liability  
11.1 The Seller warrants that the Materials supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
11.2 Variations in concrete pumps and pumping conditions are such that it is impossible to guarantee that concrete delivered for use in conjunction with a concrete pump is suitable for that purpose, no guarantee or warranty can be given in this respect and no liability will be accepted for any loss arising from there.
12. Exclusion
12.1 Under no circumstances will the Seller accept responsibility or liability for the workmanship or actions of the Buyer its agent’s employees or sub-contractors. The Seller has no control over the method of application or use of the Materials and all conditions or warranties implied by statute or otherwise as to the fitness of Materials for any particular purpose are hereby excluded in so far as the law allows and no liability will be accepted in respect thereof.
12.2 The Seller will not be liable for consequential loss.
13. Buyer’s Default
If the Buyer shall fail to pay the Seller for any Materials on the due date or any credit limit for account customers is exceeded or if there is a material change in the constitution of the Buyer or the Buyer or any member of the group of companies of which it forms part becomes insolvent or the Buyer is otherwise in breach of the Contract or the operation of its credit account facilities with the Seller and fails to remedy such breach after being so requested to do so the full balance of any account owing by the Buyer to the Seller shall become immediately payable and the Seller shall be entitled to do take any of the following courses of action without prejudice to any other remedy it may have:
1. Require payment in cash or cleared funds prior to delivery of any undelivered Materials.
2. Cancel or suspend any further delivery of Materials to the Buyer until all monies due have been paid.
3. Charge the Buyer interest on the balance of monies due to the Seller at the rate of 4% per annum above the base rate of the Seller’s bank from time to time from the date monies due to the Seller became due until the actual date of payment
14.  Miscellaneous
14.1 The Seller shall not be liable to the Buyer for any breach of Contract or delay in performing or failure to deliver the Materials due to any reasons beyond the Seller’s control.

14.2 These conditions and the Contract shall be governed by English Law.