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Ready Create Ltd - Standard Terms And Conditions Of Sale B2c
( See page 2 here )
1. Application of terms and conditions
1.1. Unless otherwise agreed in writing, these terms and conditions of sale ("Conditions") apply exclusively to each transaction ("Contract") for the sale and supply of ready-mixed concrete ("Concrete"), screed ("Screed") (and each, as appropriate the "Goods"), and any associated service ("Service(s)") by Ready Crete LTD, ("Company/Us/Our") to a buyer ("Customer/You/Your").
1.2. The Company shall supply and the Customer shall purchase the Goods and/or Services in accordance with the Order Confirmation which shall be subject to these Conditions.
1.3. The Contract shall be to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted, or any order is made or purported to be made, by the Customer. No terms and conditions or contractual provisions specified or stipulated by the Customer at any time, whether prior to or after the Conditions have been brought to the attention of the Customer, shall be binding on the Company.
1.4. These Conditions are for incorporation into the Company's business to consumer arrangements and as such the Customer warrants that it is a 'consumer' as defined by the Consumer Rights Act 2015.The Company uses separate terms and conditions for arrangements with businesses, so by entering into the Contract the Customer is warranting that it does not do so in the course of any business trade or profession.
2. About Us
2.1 We are a private limited company.
2.2 We trade under the name of Ready Crete LTD.
2.3 We are registered in England and Wales under number 14978531.
2.4 Our registered office is at 460 Hull Road, Dunswell, Hull, HU6 0AS.
2.5 Our VAT number is GB 444 289 279.
2.6 Our website is at www.readycrete.co.uk ("Website").
3. Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints for both Concrete and Screed, You may contact Us by telephone at 07871414791 or by email readycrete@hotmail.com.
3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting Us in writing You may use the following methods:
3.2.1 contact Us by email readycrete@hotmail.com; or
3.2.2 contact Us by pre-paid post at our registered address above.
4. Basis of sale
4.1. The Company accepts enquiries for the sale and supply of Goods and Services via telephone, internet, or face to face, with a view to obtaining a quotation ("Quotation") and placing an order ("Order") should the Customer wish to proceed.
4.2. When requesting a Quotation, the Customer will be asked to set out, in detail, the Goods and/or Services required, the required specification or information allowing the requisite specification to be selected ("Specification") (all options are available on the Website), all and any relevant measurements, and the volumes required. PLEASE NOTE: such information is vitally important, and the Customer takes full responsibility and liability for its accuracy. It will be used to inform the Quotation and on this basis shall form part of the Contract. See further below at Clause 5.
4.3. The Quotation can be given by the Company to the Customer verbally or in writing but shall at all times be subject to the Conditions which are available on the Website. No Quotation given by the Company to the Customer shall amount to an offer capable of being accepted but shall constitute an invitation to treat. The Customer shall be entitled to accept or reject the Quotation including the Conditions verbally or in writing. In the event that the Quotation including the Conditions is accepted, this shall constitute an offer by the Customer to the Company, and if the Company chooses to accept, it shall issue an order confirmation ("Order Confirmation") which shall be issued to the Customer in writing (via text or email) at which point the Contract shall be deemed to come into existence and to incorporate these Conditions.
4.4. The Goods will only be supplied in the minimum units stated in the Company's sale documentation or in multiples of those units, rounded up to the nearest 0.25 M. Orders received for quantities other than these will be adjusted accordingly.
4.5. The Company's employees or agents are not authorised to make any representations concerning the Goods and/or Services outside the normal course of their duties unless confirmed in writing by an authorised representative of the Company.
4.6. Unless otherwise stated in these Conditions, no variation to these Conditions or the Contract shall be binding unless agreed in writing between the authorised representatives of the Company and the Customer.
4.7. Sales literature, price lists and other documents issued by the Company in relation to the Concrete do not constitute offers to sell the Concrete which are capable of acceptance.
4.8. Any typographical or other accidental errors or omissions in any sales literature, quotation, price list, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
4.9. Illustrations, photographs or descriptions whether in catalogues, price lists or other documents issued by the Company are intended as a guide only and shall not be binding on the Company.
4.10. PLEASE NOTE: the criteria for the safe and proper laying of Concrete is set out in BS 8110 and this includes that Concrete should only be laid in temps of 3 degrees c and rising. We will bring this to Your attention at the time of ordering. Please note the exclusion of liability at Clause 10.5 below in this regard.
5. Quality of Goods & Specification
5.1. The Company warrants that as at the date of delivery, the Goods shall be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for the purpose expressly held out by the Company. This is subject to the other limitations, exclusions, and restrictions relating thereto in these Conditions including (but not limited to) Clause 10. No further and/or additional liability or responsibility is accepted.
5.2. The Specification is dependent on information supplied by the Customer, and the Customer warrants such information is complete and accurate, and the Company shall bear no liability to the Customer and/or the Customer shall be precluded from receiving any refund or reimbursement from the Company in the event that the Goods fail to meet the Customer's requirements as a consequence of any deficiency or inaccuracy in such information.
5.3. It shall be strictly the responsibility of the Customer to advise the Company in writing prior to the formation of the Contract of any special requirements as regards the Specification or make-up of the Goods, and the Customer must advise the Company immediately of any change made in such requirements. The Customer shall not be entitled to rely upon a delivery reaching a particular strength unless such special requirements are set out or referred to in the Order Confirmation.
5.4. The Company reserves the right to make any changes in the Specification which are required to conform with any applicable safety or other statutory or regulatory requirements or which do not materially affect their quality or performance.
6. Standard of Services
6.1. The Services shall be provided exercising reasonable care and skill and in accordance with acceptable industry standards.
7. Price
7.1. The price of the Goods is the Company's quoted price exclusive of VAT included in the Order Confirmation (the VAT element will be shown separately) and, unless otherwise stated in the Order Confirmation, includes carriage and delivery (testing if required will be priced for separately). The price is based on the Customer's estimate of the quantity of Goods it requires, and as a consequence:
(a) a reasonable additional cost will be levied and payable where further volumes are required in order to fulfil the Customer's actual requirements (taking account of any consequential decrease in price per M); or
(b) a reasonable discount will be applied where lesser volumes are required in order to fulfil the Customer's actual requirements (taking account of any consequential increase in price per M).
7.2. Volumes will be rounded up to the nearest 0.25 M.
7.3. All payments shall be made to the Company in the manner indicated on the invoice issued by it.
7.4. The Company reserves the right to make:
7.4.1. an additional charge for the time during which a vehicle making a delivery is held on site in excess of a period of thirty minutes; and
7.4.2. a charge equal to the reasonable additional costs incurred as a result of its making deliveries outside its normal working hours (which are: Monday - Friday 07.00am - 5.00pm, Saturday 7.00am - 12.00pm).
7.5. The Company reserves the right by giving written notice to the Customer to increase the price of the Goods to reasonably and transparently reflect (i) any increase in the cost to the Company, which is due to any factor beyond its control, to be agreed in advance with the Customer with a reciprocal right to terminate in the event that the Customer no longer wishes to proceed; (ii) any change in delivery dates, quantities or specifications for the Goods which are requested by the Customer, or (iii) any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
7.6. Should an Order be accepted by the Company, You will be requested to opt-in to authorise Us to charge the value of the Goods and/or Services against any payment card details previously supplied to the Company by You, unless any written objection thereto is made by the Customer, within 72 hours after the delivery time / date.
8. Delivery
8.1. Delivery of the Goods shall be made by the Company conveying the Goods to the nearest public kerbside at the place specified in the Contract or, if no place of delivery is specified, to the address that the Customer gave the Company prior to the Contract being formed.
8.2. In the case of the delivery of Concrete, delivery will be deemed completed once the Goods have been brought to the destination and made available for discharge. The Customer will provide all necessary labour and equipment to ensure that the Concrete is promptly and properly barrowed or otherwise removed from the point of delivery to the intended site. The Company shall take no responsibility for this. In the event that Company operatives are able to informally assist, they shall do so under a complete and absolute waiver of liability, and under no circumstances shall such informal assistance be deemed a Service.
8.3. The delivery date given by the Company is approximate only, and time for delivery shall not be of the essence. However, if the delivery date is missed for any reason within the control of the Company the Customer shall be entitled to terminate the Contract and to receive a full refund in respect of any sums paid to that point. Such sum will be refunded within 14 calendar days of termination.
8.4. Where the Goods are to be delivered in batches, failure by the Company to deliver any one or more of the batches in accordance with these Conditions shall not entitle the Customer to treat the Contract as a whole as repudiated.
8.5. In respect of each delivery, the Customer shall ensure that an authorised person is present to sign the delivery ticket for the Goods. The signature will confirm:
8.5.1. that the Customer acknowledges that the Specification depicted on the delivery ticket readout describes correctly the Specification required by the Customer;
8.5.2. that the Customer authorises any additions to the Goods of water or of any other materials considered suitable at the time of delivery; and
8.5.3. the time of the vehicle's arrival on site, the time that the Goods discharge commences, the time of the completion of the Goods discharge and the time that the vehicle leaves the site.
8.6. If the Customer fails or is unable to take delivery of the Goods or any part of it on the delivery date, the Company shall be entitled to use and deliver the Goods to another customer, and the Customer will be liable to the Company for the costs and expenses arising from the aborted delivery. To avoid the necessity of an investigation into such cost and expense which in itself would increase the amount claimed, the Customer accepts the Company's genuine pre-estimate of that loss as 120 GBP (plus VAT) (the "Cancellation Fee") and this sum shall be invoiced to the Customer for immediate payment. A further delivery to the Customer will be subject to acceptance and payment by the Customer of that invoice.
8.7. It shall be strictly the responsibility of the Customer to advise the Company in writing prior to the formation of the Contract of any special requirements applying at the location to which the Goods are to be delivered, (including without limitation any requirements as to the time of delivery, access, and vehicle size or weight limits), and the Customer must advise the Company immediately of any change in such requirements. The Customer shall indemnify the Company (and any person operating the vehicle making a delivery) against damage or loss which may result from a failure to advise of such requirements or where the route for delivery advised by the Customer or the access points are not as described and results in damage to the delivery vehicle or to third party property or in the vehicle requiring recovery assistance or in any fine or penalty being imposed on the Company.
8.8. The Company's operatives are experienced in assessing the safety and practicality of delivery locations and will refuse to deliver in the event that the location is unsafe or impractical in their opinion. This will be without liability or responsibility on the part of the Company. In such circumstances the Customer must nominate a more suitable location to be agreed by the operative, failing which the delivery will be cancelled at the Customers expense (see Clause 8.5).
8.9. The Customer accepts full responsibility for the complete clean down of the working & parking areas along with all public areas once the Company's vehicles have finished dispensing the Goods and have left site. This includes any sand, stone, oil or cement / binder residue left in any public or private areas. The Customer shall indemnify the Company (and any person operating the vehicle making a delivery) against damage or loss which may result from a failure to do so including but not limited to a full indemnity in respect of any fine or penalty imposed on the Company.
9. Inspection and shortages
9.1. The Customer is under a duty to inspect the Goods on delivery and will be deemed to have inspected the Goods where a person who ostensibly is representing the Customer at the site or location at which the Goods are being delivered accepts the Goods.
9.2. The Company shall be under no liability for any shortages that would be apparent on reasonable careful inspection if the provisions of this Clause 9 are not complied with and, in any event, will be under no liability if a written complaint is not delivered to the Company within 24 hours of delivery detailing the alleged shortage.
9.3. In all cases where shortages are complained of, the Company shall be under no liability unless:
9.3.1. the shortage in question exceeds 5% (whether by weight, quantity, or volume) of the Goods delivered; and
9.3.2. an opportunity to verify the shortage is given to the Company before any use is made of the Goods or any alteration or modification is made to it by the Customer.
9.4. Subject to Clauses 9.2 and 9.3, the Company shall make good any shortage in the Goods as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage.
10. Defective Goods
10.1. If the Goods are defective in any material respect and the Customer gives written notice of such defect to the Company as soon as reasonably possible, and provided that the Customer has then given the Company prompt access to the Goods as delivered in order to test the Goods and assess what defects (if any) are present, then:
10.1.1 Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the Goods at a reduced price, or to a repair or replacement;
10.1.2 After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace any defective Goods or, if a repair or replacement is not practicable or possible, or if a repair or replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the Goods at a reduced price. This right may not apply if We can prove, for example, that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by the Company or as included with the Goods - please see further below at Clause 10.5;
10.1.3 After the first six months, if any Goods develop a fault, You must prove that the Goods in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund depending upon the nature of the Goods and how long it can reasonably be expected to last.
10.2. PLEASE NOTE: testing may have to be destructive. An example of what might be involved is that a sample of Concrete is cut out sufficient to allow the Company to take 4 No. 4 inch x 4 inch full depth cube samples to independently test them at a British Standard registered facility. This could take more than 30 days for the results to come back once the material has been submitted and under no circumstances will the Company accept any holding up works charges from the Customer or any third party.
10.3. In the event that:
(a) the Company is requested to investigate a potential defect in the Goods; and
(b) the Company undertakes necessary exploratory work including, for example, opening up and destructive testing; and
(c) subsequent testing or enquiries reveal that the Goods on the balance of probabilities complied with the warranty given at Clause 5.1 above;
then the reasonable and transparent costs thereof will be invoiced to and payable by the Customer and no further remedial work or making good work will be carried out unless requested and paid for by the Customer. These costs will include the estimated sum of 650 GBP (plus VAT) broken down as: 2 men on day rate to excavate (250 GBP each), and haulage to the testing facility, and testing (150 GBP plus VAT). In addition, the Company will quote for and raise reasonable and transparent charges in respect of any works carried out at the Customer's request to subsequently make good the site of the testing.
10.4. Goods may not be returned to the Company without the prior approval in writing of an authorised representative of the Company.
10.5. The Company shall be under no liability in respect of any defect in the Goods arising from abnormal working conditions, fair wear and tear, unsatisfactory working practices (e.g. failure to comply with BS 8110 (British Standard for laying concrete), wilful damage, negligence, the failure to protect the Goods properly, failure to follow the Company's instructions (whether given orally or in writing), misuse or alteration of the Goods without the Company's prior approval, or any other act or omission on the part of the Customer, its agents, sub-contractors or any third party.
10.6. Subject as expressly provided in these Conditions, all warranties, conditions, or other terms implied by statute or common law are excluded to the fullest extent permitted by applicable consumer law.
10.7. The Customer shall be responsible for ensuring that any use of the Goods by the Customer (including the Customer's agents or sub-contractors) is in compliance with all applicable statutory requirements and that the handling of the Concrete by the Customer (and the Customer's agents or sub- contractors) is carried out in accordance with directions given by the Company (including instructions contained in the safety data sheet supplied to the Customer at or prior to delivery of Concrete) or any competent governmental or regulatory authority (including the wearing of appropriate protective clothing), and the Customer will indemnify the Company against any liability loss or damage which the Company might suffer as a result a failure to comply with this Condition.
11. Risk and retention of title
11.1. All risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods.
11.2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Customer until the Company has received in cleared funds payment in full of the price of the Goods together with any additional sums to cover VAT, and the Company reserves the right to repossess any Goods in which it retains title without notice.
11.3. The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remains the property of the Company, but, if the Customer does so, all money owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
12. Customer's default
12.1. If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
12.1.1. cancel the order or suspend any further deliveries to the Customer; and/or
12.1.2. levy interest and other charges to which it is entitled on all unpaid amounts at the rate of 4% above the base lending rate of Barclays Bank PLC; and/or
12.1.3. withdraw any credit facilities extended and require immediate payment of all outstanding invoices issued whether or not they were due for payment.
12.2. If:
12.2.1. the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or
12.2.2. the Customer becomes subject to any bankrupt process or is subject to similar legislation in any other jurisdiction; or
12.2.3. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
12.2.4. the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly, then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and, if the Goods have been delivered but not paid for, the price of the Goods (including VAT) shall become immediately due and payable notwithstanding any previous Contract or arrangement to the contrary.
13. Limitation of liability
13.1. The following provisions set out the entire liability of the Company (including any liability for the acts or omissions of its employees, agents, and sub-contractors) to the Customer in respect of:
13.1.1. any breach of these Conditions or the Contract;
13.1.2. any use made by the Customer of the Goods;
13.1.3. the provision of Services; and
13.1.4. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
13.2. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by consumer law, excluded from the Contract.
13.3. Nothing in these Conditions excludes or limits the liability of the Company:
13.3.1. for death or personal injury caused by the Company's negligence;
13.3.2. for any matter where it would be illegal for the Company to exclude or attempt to exclude its liability; or
13.3.3. for fraud or fraudulent misrepresentation.
13.4. Subject to the other provisions of this Clause 13, and specifically Clause 13.5 below, We will be responsible for foreseeable loss or damage that You may suffer as a result of Our breach of this Contract or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.
13.5 Our liability under Clause 13.4 will be limited to the extent of insurance available to respond to any claim in respect of the loss or damage complained of. We undertake to maintain suitable and valid insurance including product and public liability insurance up to a value per claim of £5 million (subject to standard aggregate limitations) in respect of risks of the type usually insured against by reputable suppliers in Our field of operations. In the event of no or no adequate insurance Our liability howsoever arising under the Contract and/or in negligence and/or under statute shall be limited to the value of the Contract.
13.6 We provide Goods and Services for domestic and private purposes only. We make no warranty or representation that the Goods and Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
( See page 2 here )