Conditions of Sale

CONDITIONS OF SALE

A.CONCRETE STRENGTH ETC.

1. Entire Concrete will not be liable in respect of claims made by the Purchaser or any third party which arises out of any defects which may develop in the concrete unless received in writing not later than 35 days after the date of the pouring of the concrete.

2. Entire Concrete will not be liable and will be indemnified by the Purchaser in respect of any claims made by the Purchaser or a third party which arises out of any defects which may develop in the concrete which are due to:3.The strength characteristics of the concrete are those shown on the face of the delivery docket and upon signing the docket the customer becomes bound by the information shown thereon. Purchasers should ensure that the strength shown accords with the specifications.

  1. Faulty handling, placing or curing of the concrete or faulty job practice by the Purchaser or it’s sub-contractors or any other person.
  2. The addition of any water or other material to the concrete either before or after discharge from the delivery without prior approval by an authorised representative of the Company. Drivers of the delivery vehicle shall not for the purposes hereof be deemed to be a representative of Entire Concrete.
  3. The addition of any additive to the concrete at the request or specification of the Purchaser unless Entire Concrete confirms the same in writing.

4. Entire Concrete guarantee of strength of the concrete becomes inoperative if the concrete is not in site within 1.75 hours of leaving the plant or any of the events referred to in clause 2 above shall occur, the time of leaving the plant is shown on the delivery docket.

5. Unless otherwise stated in the quotation, prices are based on slumps not exceeding 80 using 20mm maximum size aggregate. Slumps in excess of 80 are subject to an extra charge.

 

B.DELIVERY

1. Entire Concrete will not be liable in any matter whatsoever for delay in delivery or non-delivery which is attributable to transport delays, plant or equipment breakdowns, unavailability of materials or any other cause whatsoever which is beyond control of Entire Concrete.

2. Delivery must be accepted and effected by the Purchaser within 60 minutes of the arrival of the delivery vehicle on site. If delivery is not effected within this time frame the Purchaser will pay Entire Concrete compensation at the waiting time rate charged by Entire Concrete calculated per minute waiting after the first 60 minutes on site.

3. No charge will be made for waiting time if the discharge is complete within 60 minutes of arrival of the delivery vehicle.

 

C.PRICE AND PAYMENT

1. A surcharge at rates currently being charged from time to time is payable by the Purchaser to Entire Concrete in the following events:2.Prices referred to herein are current and in the event of any increase in costs this quotation shall no longer be valid and prices charged shall increase in accordance with the increase in such costs.

  1. The Purchaser requiring deliveries on weekdays before the hour of 7:00am or after the hour of 3:00pm
  2. The Purchaser requiring deliveries on Saturday, Sundays and Public Holidays
  3. The Purchaser requiring delivery of less than 3 cubic metres. The current rate of surcharge should be ascertained by the Purchaser before order.

2. Prices referred to herein are current and in the event of any increase in costs this quotation shall no longer be valid and prices charged shall increase in accordance with the increase in such costs.

3. Amount charged is based on the quantity of product shown on the face of the delivery docket. Upon signing the docket the Purchaser becomes bound by the quantity of product shown therein and no claims for short deliveries will be entertained by Entire Concrete unless there is a clearly provable and significant error.

4. In the event of orders being placed and cancelled without reasonable notice direct to Entire Concrete management (unless otherwise stated in the contract a reasonable period of notice being deemed to be at least 90 minutes before the concrete ordered is due to be delivered on site) the Purchaser will pay all reasonable or proper costs incurred by Entire Concrete up to the time of cancellation and Entire Concrete assessment of these costs shall be binding upon the Purchaser.

5. The Purchaser will pay the price of the concrete to Entire Concrete prior to discharge or, if credit arrangements have been made within the agreed period of credit. Accounts not paid within credit terms bear interest at the rate of 15% p.a. until payment is made. All amounts received by Entire Concrete will be credited against interest.

6. Payment via Visa or MasterCard will incur a 1.5% surcharge.

 

D.GENERAL

1. Any reference to the Purchaser in these terms and conditions means and includes the Purchaser, his employees, agents and subcontractors. The actions of any such person who appears to any employee or contact of Entire Concrete to have authority of the Purchaser to sign these conditions of sale shall and shall be deemed to bind the Purchaser.

2. Save as herein expressly provided or unless otherwise specifically agreed in writing, no warranty is given as to the mass composition of quality of material sold, the fitness of the material for any particular purpose whatsoever and any and all express of implied conditions, statements or warranties whether statutory or otherwise, are hereby expressly included to the fullest extent possible under law AND the Purchaser acknowledges that he has relied on his own enquiries and assessments relating to the products sold, it’s fitness for the purpose for which the Purchaser intends to use the same i.e. whether the product as it stands is intended to be used by or on behalf of the Purchaser:

  1. As provided on delivery, or
  2. By being mixed with other products, or
  3. By being further processed after deliver, or
  4. In any other manner.

3.a) Entire Concrete liability in respect of any other product which is provided todefective is limited to at Entire Concrete’s discretion to:

  1. the replacement of any such product delivered as herein provided free of charge or
  2. a refund of the sale price.

b) Entire Concrete accept no responsibility for labour, material and other costs incurred in removing defective product or for any loss or damage howsoever arising from any whether directly or indirectly attributable to any defective product or for any loss or damage howsoever arising from any whether directly or indirectly attributable to any defect in any product supplied.

4. The Access Passage – if it necessary for Entire Concrete delivery vehicle to Passover     private property to gain access to the point of concrete delivery required by the Purchaser: (“The Access Passage”).

a) The Purchaser warrants that it has inspected the Access Passage or attempt to ensure that the delivery vehicle will not pass over existing pathways, driveways, underground pipes, other utility connectors or construction pits or other material (‘The Access Passage items”) which, due to the weight of delivery vehicles, would be likely to:

  1. cause damage to the Access Passage items or any of them: and/or
  2. cause damage to the delivery vehicle: and/or
  3. make it necessary to obtain the services of a tow truck operator or some other machinery operator to enable delivery vehicles to be removed from the Access passage.

b)  Entire Concrete will not be liable and will be indemnified by the Purchaser in respect of Clause D4a) i. damage: and

c)  The Purchase will be liable to compensate Entire Concrete in respect of Clause D4a) i. damage,

d)  the Purchaser will indemnify Entire Concrete in respect of claims made by and any third party in respect to Clause D4a) i. damage or costs incurred.