Terms and Conditions of Sale & Supply

 

Company	Easy Concrete Services Ltd
Address	Silverdale Road, Hayes, Middlesex, UB3 3BN
Company Registration Number	09702762
VAT Number	299477426
Website Address	https://easyconcreteservices.co.uk/

 

1. Parties, Status and Purpose

These Terms and Conditions of Sale apply to every quotation, order, supply, delivery, collection, concrete pumping service, screed supply, ancillary service and related transaction provided by Easy Concrete Services Ltd, a company registered in England and Wales under company number 09702762, with VAT number 299477426 and business address at Silverdale Road, Hayes, Middlesex, UB3 3BN.

These Terms are drafted on the basis that Easy Concrete Services Ltd acts as the principal contracting supplier to the Customer. The Company may use subcontractors, partner plants, third-party hauliers, concrete pump operators, batching facilities, volumetric vehicles or approved supply partners to fulfil an Order, but unless expressly stated otherwise in writing, the Customer’s contract is with Easy Concrete Services Ltd.

The purpose of these Terms is to allocate responsibility clearly and commercially between the Company and the Customer. The Company is responsible for supplying Goods and Services in accordance with the agreed Order, subject to these Terms. The Customer is responsible for ordering the correct specification and quantity, providing safe access and a prepared Site, ensuring suitable labour and equipment are available, and managing its own construction programme.

 

2. Key Trading Details

Company name: Easy Concrete Services Ltd.

Company number: 09702762.

VAT number: 299477426.

Business address: Silverdale Road, Hayes, Middlesex, UB3 3BN.

Telephone: 0800 912 4002.

Email: contact@easyconcreteservices.co.uk.

These details may be updated from time to time on the Company’s website or by written notice. A change in business address, telephone number or email address shall not affect the validity of these Terms or any Contract already formed.

 

3. Definitions and Interpretation

In these Terms, the following expressions have the meanings set out below unless the context requires otherwise.

Company, we, us or our means Easy Concrete Services Ltd. Customer, you or your means the person, business, contractor, developer, property owner, organisation or other legal entity purchasing Goods or Services from the Company. Commercial Customer means a Customer acting wholly or mainly for purposes relating to its trade, business, craft, profession, development, contracting activity, construction project or resale activity. Consumer means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

Goods means ready mix concrete, volumetric concrete, mixed-on-site concrete, screed, aggregates, admixtures, associated materials and any other physical product supplied by or through the Company. Services means delivery, discharge, concrete pumping, arranging third-party plant, scheduling, technical assistance, quotation support, online calculation tools, advice given in good faith and any ancillary or associated service. Site means the delivery address, access route, discharge location, working area, washout area and any other place where Goods or Services are to be supplied, accessed, parked, unloaded, pumped, placed or performed.

Order means the Customer’s request for Goods or Services as accepted by the Company. Contract means the legally binding agreement formed between the Company and the Customer when an Order is accepted. Delivery Vehicle means any mixer, volumetric vehicle, lorry, pump, line pump, boom pump, support vehicle, subcontractor vehicle or other vehicle used in connection with an Order. Delivery Ticket means any paper or electronic ticket, proof of delivery, invoice ticket, job sheet, pump record, driver note, site entry document or similar record produced by or on behalf of the Company.

Working Day means any day other than a Saturday, Sunday or public holiday in England and Wales. Force Majeure Event means any circumstance beyond the Company’s reasonable control, including those listed in Clause 38. Headings are for convenience only and do not affect interpretation. References to writing include email and electronic communication. Words in the singular include the plural and vice versa.

 

4. Application of These Terms

These Terms apply to the exclusion of any other terms or conditions that the Customer seeks to impose, incorporate or rely upon, whether contained in a purchase order, email, portal, contractor pack, site instruction, specification, main contract, subcontract, payment notice, delivery note or any other document.

No employee, driver, pump operator, subcontractor, sales representative or agent of the Company has authority to amend, waive or vary these Terms unless the variation is agreed in writing and signed by a Director of the Company. Acceptance of an Order, supply of Goods, attendance at Site or issue of an invoice shall not amount to acceptance of any Customer terms.

If there is any inconsistency between these Terms and a quotation, Order acknowledgement, Delivery Ticket or invoice, these Terms shall prevail unless a Director of the Company expressly confirms in writing that a specific contrary term is intended to override a specific clause of these Terms.

 

5. Formation of Contract

A quotation issued by the Company is an invitation to treat and not an offer capable of acceptance. The Customer places an Order when it requests Goods or Services verbally, electronically, by website form, by telephone, by email, by message, by purchase order or by any other method accepted by the Company.

A Contract is formed when the Company accepts the Order verbally, electronically, in writing, by commencing processing of the Order, by allocating a delivery slot, by arranging a supplier or vehicle, by taking payment, by dispatching Goods, or by commencing performance of Services, whichever occurs first.

The Company may refuse, reject or cancel an Order before acceptance for any reason, including lack of availability, unsatisfactory access information, credit concerns, payment failure, pricing errors, unsafe requirements, incomplete information, abusive behaviour or operational constraints.

 

6. Quotations and Price Validity

Unless stated otherwise, quotations remain open for seven calendar days from the date of issue. The Company may withdraw or amend a quotation at any time before a Contract is formed. A quotation is based on the information supplied by the Customer and on the Company’s understanding of the Goods, Services, Site, access, quantity, specification, delivery location, discharge method and timing required.

If the information supplied by the Customer is inaccurate, incomplete or changes after quotation, the Company may amend the price, refuse delivery, cancel the Order, charge additional costs or treat any additional requirement as a separate Order. Prices are based on material, fuel, labour, transport, plant, subcontractor, regulatory, environmental, taxation and operational costs prevailing at the date of quotation. The Company may vary prices before delivery where those costs increase or where additional costs become apparent.

Unless expressly stated otherwise, prices are exclusive of VAT and any applicable surcharges, minimum load charges, small load charges, delivery charges, pumping charges, waiting time charges, discharge overrun charges, disposal costs, parking charges, congestion charges, ULEZ charges, permit fees or other additional costs.

 

7. Customer Duty to Check Orders

The Customer must check every quotation, Order acknowledgement, invoice, Delivery Ticket and written confirmation carefully. This includes the delivery address, date, estimated delivery slot, concrete specification, strength class, slump, admixtures, quantity, pumping requirements, access requirements, contact details, payment terms and price.

Any error must be notified to the Company as soon as reasonably possible and in any event before batching, dispatch or allocation of a third-party supplier. If the Customer does not notify the Company of an error, the Company may rely on the details recorded in its systems, quotation, Order acknowledgement, Delivery Ticket or invoice.

The Customer remains responsible for ensuring that any person placing an Order on its behalf has authority to do so. Any Order placed by an employee, contractor, subcontractor, site manager, property manager, builder, family member or other person appearing to have authority shall be binding on the Customer.

 

8. Concrete Calculator, Estimates and Measurements

The Company may provide an online concrete calculator, verbal quantity estimate, written estimate or informal guidance based on dimensions or information supplied by the Customer. All such calculations and estimates are for guidance only. They are not a survey, engineering calculation, design service or guaranteed measurement.

The Customer is solely responsible for verifying the quantity of concrete or screed required. This includes allowing for uneven ground, over-dig, voids, compaction, shuttering inaccuracies, reinforcement displacement, slope, falls, trenches, foundations, wastage, pumping losses, finishing requirements and any other project-specific variable.

The Company accepts no liability for under-ordering, over-ordering, wastage, additional loads, project delays, standing time, labour costs, pump costs, plant costs or other losses arising from incorrect dimensions or quantity estimates. Any additional concrete required due to under-ordering shall be treated as a separate Order, subject to availability, separate pricing, delivery availability and additional charges.

 

9. Customer Responsibility for Specification

The Customer is solely responsible for selecting and ordering the correct specification for the intended application. This includes, where relevant, concrete grade, strength class, cement type, consistency, slump, exposure class, design chemical class, aggregate size, admixtures, fibres, curing requirements, placing method and any project-specific technical requirement.

The Company may provide general guidance in good faith, but such guidance is not structural, engineering, architectural, geotechnical, building control, design or professional advice. The Customer must obtain advice from a suitably qualified engineer, architect, building control officer, project designer or other competent professional where the intended use requires it.

The Company shall not be liable where the Customer orders a specification that is unsuitable for the intended use, incompatible with the Site, non-compliant with project design, inadequate for exposure conditions, unsuitable for pumping, unsuitable for finishing, or inconsistent with drawings, calculations, Building Regulations, warranties, NHBC requirements or any other project requirement.

 

10. Commercial Customers and Consumer Customers

These Terms apply to both Commercial Customers and Consumers, but nothing in these Terms affects any statutory rights that a Consumer cannot lawfully waive or lose. Where a provision cannot lawfully be applied to a Consumer, it shall apply only to the extent permitted by law and the remaining provisions shall continue to apply.

Commercial Customers acknowledge that they are expected to have trade knowledge, site knowledge, access knowledge and responsibility for managing their projects. Commercial Customers agree that the exclusions, limitations, indemnities, payment terms and risk allocations in these Terms are reasonable having regard to the nature of construction materials, concrete delivery, pumping operations, Site risk, programme risk and the price charged.

Where the Customer is a Consumer, cancellation rights may be limited where Goods are made to the Customer’s specification, mixed specifically for the Order, perishable, liable to deteriorate rapidly, already batched, already dispatched, already discharged, or where Services have commenced with the Customer’s agreement or request. This does not affect statutory rights in relation to Goods or Services that are faulty, not as described or not supplied with reasonable care and skill.

 

11. Pricing, VAT and Additional Charges

The price payable is the price confirmed by the Company for the accepted Order, together with VAT and any Additional Charges. Additional Charges may include, without limitation, waiting time, discharge overrun charges, additional pipework, pump setup time, aborted delivery charges, wasted journey charges, returned concrete charges, disposal charges, small load charges, minimum load charges, extra labour, access charges, parking fines, penalty charges, permit costs, congestion charges, ULEZ charges, out-of-hours charges and any cost arising from Customer instructions or Site conditions.

The Company may correct typographical, clerical, arithmetic or obvious pricing errors at any time. If a pricing error is identified before delivery, the Company may offer the Customer the corrected price or cancel the Order and refund any amount already paid. The Company is not obliged to supply Goods or Services at an incorrect price.

Where a quotation is based on an estimated quantity and the actual quantity supplied differs, the Customer shall pay for the actual quantity discharged or supplied as recorded by the Company’s equipment, systems, calibration records, Delivery Ticket or driver record.

 

12. Payment Terms

12.1 Unless the Customer has an approved credit account, payment must be made in full before delivery, dispatch, pumping or performance of Services. The Company may require cleared funds before allocating a delivery slot or commencing an Order.

12.2 Where credit terms have been approved in writing, invoices must be paid in accordance with those agreed terms. Time for payment is of the essence. The Company may withdraw, suspend, reduce or amend credit facilities at any time and may require payment in advance for any future Order, even where credit has previously been granted.

12.3 The Company reserves the right to refuse to execute any Order, discontinue any delivery, suspend any Service, withdraw any delivery slot or place an account on stop where:

payment arrangements are not satisfactory to the Company;

credit facilities have not been approved or have been withdrawn;

• payment terms have been breached;
• the Customer’s account exceeds any agreed credit limit;
• any invoice remains overdue;
• the Company reasonably believes that payment may not be received;
• the Customer disputes previous invoices without reasonable evidence; or
• the Customer’s financial position appears to have deteriorated.

12.4 Suspension or refusal of further deliveries under this clause shall not amount to breach of Contract and shall not affect the Company’s right to recover any outstanding sums, interest, charges or costs.

12.5 The Customer shall not withhold payment by way of lien, set-off, counterclaim, deduction, retention, abatement or withholding unless such restriction cannot lawfully apply to a Consumer. All undisputed and disputed sums shall remain payable in accordance with the agreed payment terms to the fullest extent permitted by law.

12.6 If any sum is overdue, the Company may suspend or cancel further deliveries, refuse new Orders, withdraw discounts, require payment in advance, charge interest, recover costs, place the account on stop, and allocate any payment received to any outstanding invoice or debt as the Company considers appropriate.

 

13. Late Payment, Debt Recovery and Anti-Set-Off

Overdue sums may attract interest at the rate of 8% above the Bank of England base rate, or such other rate permitted by the Late Payment of Commercial Debts legislation or applicable law. Interest shall accrue daily from the due date until payment is received in cleared funds.

The Customer shall indemnify the Company on a full indemnity basis for all costs incurred in recovering overdue sums, including solicitor fees, court fees, debt collection charges, tracing agent fees, enforcement officer fees, administration costs, insolvency costs and internal recovery costs.

The Customer shall pay all sums due in full without deduction, counterclaim, set-off, withholding, abatement or retention. A dispute regarding quality, quantity, delivery, access, delay, pumping, invoice wording or any other matter shall not entitle the Customer to withhold payment. This anti-set-off clause applies to the fullest extent permitted by law.

 

14. Customer Responsibilities Before Delivery

Before delivery, the Customer must ensure that the Site is ready, accessible, safe, adequately staffed and prepared to receive the Goods and Services. This includes ensuring that excavations, formwork, shuttering, reinforcement, damp proof membranes, access routes, discharge points, pump setup areas, washout areas, lighting and all necessary equipment are ready before the Delivery Vehicle arrives.

The Customer must provide accurate information about access restrictions, width restrictions, low bridges, weak bridges, weight limits, school streets, red routes, permit requirements, parking limitations, overhead cables, steep gradients, narrow lanes, soft verges, restricted turning, underground services, low trees, scaffolding, cranes, temporary works and any other relevant Site condition.

The Customer must ensure that competent personnel are present at Site with authority to direct the driver, sign documentation, accept delivery, make decisions, manage labour and resolve access or discharge issues. If no authorised person is present, the Company may rely on driver records, photographic evidence, GPS records or other evidence as proof of attendance, attempted delivery, delivery or abandonment.

 

15. Site Access and Heavy Vehicle Suitability

Each Order is accepted on the basis that the Site can be safely approached, accessed, manoeuvred on, parked at and exited by heavy commercial vehicles, including vehicles that may weigh up to 44 tonnes when loaded. The Customer warrants that roads, driveways, hard standings, kerbs, verges, footpaths, service covers, drainage covers, manholes, private roads, bridges, slabs, paved areas and ground conditions are suitable for the relevant vehicles and equipment.

The Company does not inspect, test or certify Site access. The presence of a previous delivery vehicle, skip lorry, builder’s merchant vehicle, grab lorry, pump vehicle or other vehicle at Site does not mean access is suitable for the Company’s vehicles. The Customer remains responsible for assessing access suitability.

If the driver or pump operator considers, in their sole opinion, that access is unsafe, unsuitable, unlawful, commercially unreasonable, likely to cause damage, likely to immobilise a vehicle or likely to risk injury, the Company may refuse, suspend or abort delivery without liability. The Order, delivery charge, wasted journey charge and any associated costs shall remain payable where the issue arises from Site conditions, Customer instructions or inaccurate information.

 

16. Damage to Property, Surfaces and Underground Services

Where the Customer requests or permits a Delivery Vehicle to leave the public highway, enter private property, cross a kerb, use a driveway, travel over paving, park on a verge, pass over covers, reverse into a Site or access any non-public area, the Customer assumes all risk of damage except to the extent caused solely by the proven negligence of the Company.

The Company shall not be liable for cracked driveways, damaged paving, damaged kerbs, broken slabs, damaged service covers, damaged drainage systems, damaged underground services, rutting, sinking, subsidence, damage to lawns or landscaping, damage to private roads, damage to weak structures, damage caused by vehicle weight, damage caused by ground conditions or damage caused by Customer directions.

The Customer shall indemnify the Company against all claims, losses, costs, expenses and liabilities arising from access over unsuitable ground, hidden obstructions, weak surfaces, underground services, third-party property, highway issues, neighbour claims or instructions given by the Customer or any person acting on its behalf.

 

17. Delivery Times, Delivery Slots and Scheduling

The Company will use reasonable endeavours to attend within any estimated delivery slot. Easy Concrete Services Ltd typically allocates a two-hour delivery window for scheduling purposes. Any delivery time, estimated time of arrival, booking time, requested time, scheduled time, two-hour delivery window or delivery slot is an estimate only and is not a guarantee, warranty, condition or contractual obligation.

Concrete supply operations are affected by traffic, previous jobs, batching times, pumping issues, site delays, customer delays, road closures, accidents, vehicle breakdowns, plant breakdowns, shortages, weather, supplier constraints and operational events. The Customer acknowledges that delays, cancellations, interruptions, rescheduling and aborted deliveries can occur despite reasonable efforts by the Company.

To the fullest extent permitted by law, the Company excludes all liability arising from delayed, late, postponed, interrupted, aborted, rescheduled, partial or cancelled deliveries, whether caused by negligence, equipment failure, supplier failure, traffic conditions, adverse weather, force majeure events, breakdowns, previous deliveries overrunning, access issues or any other cause whatsoever. Time shall not be of the essence for delivery or performance.

 

18. Construction Programme and Third-Party Cost Exclusion

The Customer acknowledges that the Company is not undertaking responsibility for the planning, sequencing, coordination, supervision or delivery of the Customer’s construction programme. The Customer’s programme, labour arrangements, subcontractor bookings, plant hire, pump hire, crane hire, scaffold hire, traffic management, road closures, permits, temporary works, inspections, deadlines and contractual commitments are arranged entirely at the Customer’s own risk.

The Company shall not be liable for labour costs, contractor costs, subcontractor costs, pump hire costs, crane hire costs, plant hire costs, scaffold costs, site shutdown costs, accommodation costs, financing costs, missed inspections, missed deadlines, programme delays, liquidated damages, delay damages, penalties, loss of profit, loss of revenue, loss of opportunity, loss of goodwill or third-party claims arising from any late, delayed, cancelled, postponed, rescheduled, partial or aborted delivery.

The Customer should not arrange labour, plant, pumps, cranes, inspections, road closures, concrete gangs or other dependent activities on the assumption that a delivery time is guaranteed. If the Customer does so, it accepts that such arrangements are at its own financial and operational risk.

 

19. Discharge and Pouring Times

Unless expressly agreed otherwise in writing, quoted prices include a standard discharge allowance calculated at ten minutes per cubic metre of concrete ordered. This allowance is intended to cover normal, continuous discharge where the Site is ready, access is clear, labour is available and the Customer is prepared to receive the concrete without interruption.

The discharge period begins when the Delivery Vehicle arrives at Site and is ready to commence discharge, or when the vehicle arrives at the agreed access point if it is delayed by Customer instructions, Site access, lack of labour, lack of preparation, blocked access, incomplete formwork, pump setup issues or any other Customer or Site-related matter.

Where discharge exceeds the included allowance of ten minutes per cubic metre, the additional time shall be charged at £150 per hour or part thereof. The phrase ‘or part thereof’ means that any part of an hour may be charged as a full hour. The Company’s driver records, GPS records, vehicle telemetry, electronic records or Delivery Ticket shall be conclusive evidence of arrival time, discharge start time, discharge completion time, waiting time and chargeable overrun time unless manifestly incorrect.

 

20. Waiting Time and Standing Time

Waiting time may arise where the Delivery Vehicle is prevented from discharging promptly or continuously because the Site is not ready, access is blocked, labour is unavailable, equipment is unavailable, formwork is incomplete, pumping equipment is not ready, the Customer has ordered too early, the Customer has ordered incorrectly, the Customer changes instructions or any other Customer or Site-related issue arises.

Waiting time, standing time and discharge overrun charges are separate from the price of Goods and Services and may be charged in addition to the Order value. The Company may suspend discharge, abort delivery or remove the vehicle from Site where excessive delay creates health and safety risk, operational disruption, concrete deterioration or commercial loss.

Any concrete rendered unusable, non-compliant, out of time, unworkable or unsuitable due to Customer delay, waiting time, Site conditions or Customer instructions shall remain payable in full, together with any disposal, transport, waiting, recovery or additional costs.

 

21. Concrete Pumping Services

Where concrete pumping Services are supplied or arranged, the Customer must provide safe access, adequate space, suitable hard standing, a suitable pump setup area, competent personnel, sufficient labour, suitable hose routes, protection for finished surfaces, exclusion zones, water supply where required, washout facilities and any necessary permits or permissions.

Pump operators have absolute authority to refuse, suspend, modify or abort pumping where, in their sole opinion, conditions are unsafe, unsuitable, unlawful or commercially unreasonable. This includes concerns about overhead cables, unstable ground, insufficient space, inadequate exclusion zones, unsuitable mix, unsafe hose routes, lack of labour, lack of washout, excessive distance, inadequate lighting, unsafe excavations or risk to persons or property.

The Company shall not be liable for pump blockages, delays, pipeline failures, splashes, residue, washout issues, surface staining, hose movement, placement issues, finishing defects, concrete setting, labour delays or programme disruption arising from Customer instructions, Site conditions, unsuitable specification selected by the Customer, foreign objects, excessive standing time, interrupted discharge or lack of preparation. Any costs of clearing blockages, cleaning pipework, replacing parts, additional labour, additional pump time or aborted pumping caused by such matters shall be payable by the Customer.

 

22. Washout Facilities and Environmental Responsibility

The Customer must provide a suitable, lawful and safe washout area for concrete delivery and pumping equipment. Washout must not be directed into drains, watercourses, public highways, neighbouring land or any location where it may cause pollution, nuisance, blockage, contamination or damage.

If suitable washout facilities are not available, the Company may refuse, suspend or abort delivery or pumping without liability. Any resulting wasted journey, waiting time, pumping charges, disposal costs or other costs shall remain payable where the absence of washout facilities is the Customer’s responsibility.

Where washout is undertaken at a location directed, approved or made available by the Customer, the Customer accepts responsibility for that location and shall indemnify the Company against claims, clean-up costs, environmental costs, drainage costs, fines, penalties, neighbour claims or property damage arising from washout, except to the extent caused solely by the Company’s proven negligence.

 

23. Driver and Operator Authority

23.1 The Company’s drivers, pump operators, subcontracted drivers, subcontracted pump operators and authorised representatives shall have absolute authority to refuse, suspend, postpone, delay, modify or abort any delivery, discharge or pumping operation where, in their sole opinion, continuing would be unsafe, unsuitable, unlawful, impractical or commercially unreasonable.

23.2 This authority may be exercised where, without limitation:

• access is unsuitable, restricted, unstable, obstructed or unsafe;
• ground conditions are soft, weak, uneven, unstable or likely to immobilise or damage a vehicle;
• weather conditions create unacceptable risk;
• the safety of personnel, contractors, visitors, neighbours, pedestrians or members of the public may be compromised;
• Company vehicles, pump equipment, pipelines, hoses or ancillary equipment may be damaged;
• property, surfaces, kerbs, drainage covers, underground services or adjacent structures may be damaged;
• legal, highway, environmental, traffic, parking or regulatory requirements may be breached;
• adequate supervision, labour, lighting, exclusion zones, washout facilities or competent personnel are not available;
• the Customer or its representatives give unsafe, unclear, contradictory or unreasonable instructions;
• abusive, threatening, obstructive or unsafe behaviour occurs; or
• the Customer has failed to comply with these Terms or any reasonable operational instruction.

23.3 The exercise of such authority shall be entirely at the Company’s discretion. The driver’s or operator’s decision shall be final and binding in matters relating to health and safety, access, vehicle positioning, discharge, pumping, washout, waiting, Site suitability and operational feasibility.

23.4 A refusal, suspension, postponement, delay, modification or abortion of delivery or pumping under this clause shall not constitute breach of Contract, negligence, failure to deliver, repudiation of Contract or acceptance of liability by the Company.

23.5 The Customer shall not be entitled to any refund, compensation, damages, costs, expenses, programme-loss claim, labour-cost claim, plant-hire claim or other remedy arising from the proper exercise of this authority, except where liability cannot lawfully be excluded.

23.6 Any costs incurred by the Company prior to suspension, postponement, modification or abortion of the delivery or pumping operation shall remain payable by the Customer. This includes, without limitation, wasted journey charges, waiting time, discharge overrun charges, pumping charges, disposal costs and subcontractor costs.

23.7 The Customer must not abuse, threaten, intimidate, obstruct or interfere with Company personnel or subcontractors. The Company may immediately suspend or terminate an Order where abusive, threatening, unsafe or obstructive behaviour occurs. All costs incurred up to termination shall remain payable.

 

24. Vehicle Recovery, Towing and Downtime

Where any Delivery Vehicle, pump, support vehicle or subcontractor vehicle becomes immobilised, stuck, grounded, trapped, damaged or unable to leave Site due to access conditions, ground conditions, Customer instructions, hidden obstructions, weak surfaces, inadequate turning space, poor traffic management or any other Site-related matter, the Customer shall be responsible for all associated costs.

Recoverable costs include recovery contractor charges, towing, extraction, engineering attendance, vehicle inspection, repairs, cleaning, replacement parts, operator time, driver time, downtime, loss of use, missed deliveries, third-party costs, damage to equipment, administrative costs and any consequential operational costs incurred by the Company or its subcontractors.

The Customer shall indemnify the Company in full against such costs and against any third-party claim arising from the immobilisation, recovery or attempted recovery of a vehicle at or near the Site.

 

25. Addition of Water, Admixtures or Other Materials

25.1 Concrete is supplied to the specification ordered at the point of supply, subject to normal tolerances and these Terms. The addition of water, admixtures, fibres, cement, aggregates, chemicals or any other material after batching, mixing, arrival, discharge or acceptance is undertaken entirely at the Customer’s risk unless expressly directed in writing by the Company.

25.2 If water is added at the Customer’s request, by the Customer, by a contractor, by a pump operator at the Customer’s direction, or by any person other than the Company acting under authorised technical instruction, responsibility for strength, durability, consistence, finish, setting, shrinkage, cracking, compliance and performance transfers to the Customer.

25.3 Any addition of water, admixtures, cement, aggregates, fibres, chemicals or any other material after batching shall immediately transfer responsibility for the performance of the concrete to the Customer to the fullest extent permitted by law.

25.4 The Company accepts no liability for any resulting:

1. strength reduction;
2. durability issue;
3. cracking, shrinkage, dusting, crazing, scaling or spalling;
4. segregation, bleeding, delayed set or rapid set;
5. colour variation, surface variation or finishing issue;
6. failure to comply with specification;
7. structural defect;
8. non-compliance with any British Standard, design requirement, warranty requirement or project requirement; or
9. loss, cost or claim arising from alteration, dilution, contamination or reworking of the concrete after batching or supply.

25.5 Any such addition shall be recorded on the Delivery Ticket, invoice ticket, electronic proof of delivery, driver note or other delivery documentation where reasonably practicable. Failure to record the addition shall not make the Company responsible for the consequences of the addition where the addition occurred at the Customer’s request or after the concrete left the Company’s control.

25.6 The Customer acknowledges that adding water or other materials may materially affect strength, durability, workability, compliance, setting characteristics and surface finish. The Customer accepts these risks where such addition is requested, permitted or carried out by or on behalf of the Customer.

 

26. Inspection, Acceptance and Deemed Acceptance

26.1 The Customer must inspect the Goods immediately on arrival and during discharge. Any visible defect, discrepancy, shortage, wrong specification, wrong quantity, access issue, delivery issue or other concern must be raised with the driver and recorded on the Delivery Ticket before discharge is completed wherever reasonably possible.

26.2 Signature of a Delivery Ticket, electronic proof of delivery, electronic signature, driver handheld device, site entry record, pump record or authorised acceptance by the Customer shall constitute acceptance of:

• the Goods supplied;
• the quantity recorded, subject to any written note made before completion of discharge;
• the specification recorded, subject to any written note made before completion of discharge;
• the delivery, attendance or attempted delivery recorded; and
• these Terms and Conditions.

26.3 Where no signature is obtained, acceptance shall be deemed to occur upon commencement of discharge, commencement of pumping, placement of the concrete, or incorporation of the concrete into the works.

26.4 Commencement of pumping, placing, pouring, tamping, levelling, floating, power floating, finishing, covering, curing, using or otherwise incorporating the Goods into permanent or temporary works shall constitute irrevocable acceptance of the Goods, except in relation to defects that could not reasonably have been apparent on inspection and that are notified in accordance with these Terms.

26.5 Following acceptance under this clause, no claim shall be made in respect of visible defects, shortages, wrong specification, wrong quantity or matters that ought reasonably to have been identified prior to discharge, pumping, placing, finishing or incorporation.

26.6 Any claim must be notified in writing within 48 hours of delivery or, where the defect could not reasonably have been apparent, within 48 hours of the defect becoming apparent. The Company must be given a reasonable opportunity to inspect, sample, investigate and make recommendations before any remedial works, removal, replacement, covering or destructive testing occurs.

 

27. Testing, Standards and Quality Claims

27.1 The Company’s liability for defective concrete, including alleged failure to comply with specification, shall be strictly limited to the provisions of these Terms and this clause.

27.2 Where concrete is supplied to a stated British Standard or specification, sampling, making, curing, storage, transportation, testing and interpretation of test results must be carried out in accordance with the applicable current British Standards, European Standards or agreed written specification. This may include, without limitation:

• BS1881;
• BS5328;
• BS EN 206;
• BS8500;
• BS EN 12350;
• BS EN 12390;
• BS EN 13791 where in-situ strength assessment is relevant; and
• any replacement, successor or project-specific standard applicable at the time of supply.

27.3 The Company shall only accept liability for alleged defects where the Customer can demonstrate, to the Company’s reasonable satisfaction, that:

• a) no water, admixture, aggregate, cement, fibre, chemical or other material has been added after the concrete was declared ready for acceptance or after it left the Company’s control;
• b) the sample tested was taken during discharge from the Delivery Vehicle in accordance with the relevant British Standard or agreed specification;
• c) all sampling, making, curing, storage, transportation and testing of specimens has been carried out in accordance with the relevant British Standard or agreed specification;
• d) all testing has been undertaken by a competent and suitably accredited independent laboratory, including a UKAS-accredited laboratory where applicable;
• e) test results have been interpreted in accordance with the relevant British Standards, applicable specification and recognised industry guidance;
• f) references to compressive strength are, unless otherwise agreed in writing, references to compressive strength in concrete cubes or specimens made, cured and tested in accordance with the relevant British Standard;
• g) the Company has been notified immediately upon any result becoming available which indicates a potential failure to meet specification;
• h) the Company has been given a reasonable opportunity to inspect, investigate, sample, review records and make recommendations before remedial works, demolition, removal, replacement or alteration have commenced; and
• i) the alleged defect has not been caused or contributed to by specification selection, placing, finishing, curing, protection, Site conditions, weather, water addition, contamination, workmanship, design, ground conditions or any act or omission outside the Company’s control.

27.4 The Customer acknowledges that even within well-controlled production systems there remains a recognised statistical possibility of individual test results falling below compliance limits despite overall compliance with specification requirements. Test results shall be interpreted in accordance with the relevant standard and not in isolation.

27.5 No claim shall be accepted where remedial works, demolition, breaking out, removal, replacement, covering, alteration or destructive testing have commenced before the Company has had a reasonable opportunity to inspect and investigate, unless immediate action was legally required to prevent danger and the Customer has preserved evidence as far as reasonably practicable.

27.6 For Commercial Customers, where a valid claim is established, the Company’s sole remedy shall be, at its option, replacement of the affected material or refund of the invoiced value of the affected material. The Company shall not be liable for breaking out, removal, reinstatement, labour, plant, delay, consequential loss or any other cost unless such liability cannot lawfully be excluded.

27.7 For Consumers, this clause applies only to the extent permitted by law and does not exclude any statutory rights that cannot lawfully be excluded.

 

28. Weather, Temperature, Curing and Protection

28.1 The Customer is responsible for all conditions affecting concrete after delivery, including temperature, weather, curing, protection, covering, insulation, finishing, compaction, evaporation, rain, frost, wind, heat, sun exposure, drying rate, ground conditions, water ingress and Site contamination.

28.2 Concrete should not generally be placed where ambient temperatures are below 3 degrees Celsius unless appropriate cold-weather concreting measures have been implemented by the Customer. The Customer must obtain appropriate technical advice and implement suitable measures for cold weather, hot weather, wet weather, windy conditions, aggressive ground, rapid drying, frost risk and curing requirements.

28.3 The Customer remains solely responsible for:

• frost protection;
• cold-weather protection;
• hot-weather protection;
• curing;
• insulation;
• coverings;
• weather protection;
• surface protection;
• prevention of premature drying; and
• management of Site conditions after delivery.

28.4 The Company shall not be liable for any defect, failure, cracking, scaling, spalling, dusting, crazing, surface weakness, delayed set, rapid set, reduction in strength, colour variation or finishing issue resulting from or contributed to by:

• low temperatures or frost;
• excessive heat, wind or rapid drying;
• rain, standing water or water ingress;
• inadequate curing or protection;
• inadequate covering or insulation;
• poor finishing practice;
• ground conditions, contamination or aggressive ground; or
• any Site condition or post-delivery event outside the Company’s control.

28.5 The condition of the Site at the time of delivery and all subsequent curing, protection and environmental conditions remain entirely the Customer’s responsibility. The Company shall not be deemed to have approved Site conditions by making a delivery.

 

29. Returned, Rejected and Unused Concrete

Concrete is generally produced, mixed, dispatched or allocated for a specific Order and is perishable. It cannot normally be resold once mixed, loaded, dispatched or delivered. The Customer remains liable for the full price of Goods that are returned, rejected, unused, wasted, over-ordered or made unusable due to Customer instructions, Site conditions, lack of readiness, unsuitable access or cancellation after batching or dispatch.

The Company may charge transport, disposal, environmental, cleaning, landfill, waste management, waiting time and administration costs in addition to the Order value. The Customer must not instruct the driver to dispose of concrete unlawfully or in a way likely to cause environmental harm, nuisance, blockage or damage.

If the Customer refuses delivery without lawful reason after the Goods have been batched, loaded, dispatched or brought to Site, the Company may treat the Goods as supplied and invoice the Customer in full.

 

30. Minimum Loads, Small Loads and Top-Up Orders

The Company may apply minimum load quantities, minimum charges, small load surcharges, part-load surcharges, additional delivery charges or out-of-area charges. Such charges may apply even where the actual quantity required by the Customer is less than the minimum operational quantity for the relevant vehicle, supplier or delivery area.

Where the Customer requires additional concrete because it has under-ordered, changed the scope, mismeasured the Site, encountered voids or requires more material for any other reason, the additional requirement shall be treated as a separate Top-Up Order. The Company does not guarantee availability, timing, matching specification, matching appearance or continuity for Top-Up Orders.

Top-Up Orders may be subject to separate pricing, minimum load charges, delivery charges, waiting time, pumping implications and programme delays. The Company shall not be liable for cold joints, delays, labour costs, pump costs, finishing issues or programme effects arising from the Customer’s under-ordering or need for additional material.

 

31. Calibration and Volumetric Measurement

31.1 Volumetric concrete deliveries shall be measured at the point of discharge using the Company’s or supplier’s calibrated equipment, vehicle systems, batching records, material usage records or other operational measurement systems.

31.2 Unless otherwise agreed in writing before commencement of discharge, all quantities supplied may be rounded up to the nearest 0.5 cubic metre (0.5m3) for invoicing purposes.

31.3 Calibration records, batching records, delivery records, electronic system records, material usage records and Delivery Tickets maintained by the Company or its supplier shall be deemed conclusive evidence of the quantity supplied unless proven otherwise by clear, objective and independent evidence.

31.4 The Customer shall not be entitled to dispute quantities solely on the basis of estimated site measurements, visual assessment, theoretical calculations, uneven excavations, inaccurate shuttering, wastage, over-dig, voids, compaction, slope, falls, pumping loss or assumptions made after the pour.

31.5 Any dispute regarding quantity supplied must be raised before completion of discharge wherever reasonably possible and must be recorded on the Delivery Ticket or other delivery documentation.

31.6 Once concrete has been discharged, placed, pumped, finished, covered, cured or incorporated into the works, the Company may rely on its calibration, delivery and batching records as conclusive evidence of quantity supplied unless there is clear evidence of manifest error.

31.7 The Customer acknowledges that volumetric measurement systems provide a practical and reliable assessment of quantity supplied in a live construction environment and agrees that estimated calculations undertaken after discharge shall not constitute evidence of under-delivery.

 

32. Third-Party Suppliers, Subcontractors and Partner Plants

The Company may perform any Contract itself or through approved subcontractors, concrete plants, volumetric operators, hauliers, pump operators, partner networks, agents or other third parties. Where the Company contracts as principal supplier, those parties are used to fulfil the Company’s obligations and the Customer remains bound by these Terms.

The Customer shall cooperate with any third-party supplier or subcontractor appointed by the Company and shall provide them with the same access, safety, washout, labour, information and Site cooperation required under these Terms. References to the Company in operational clauses shall include such subcontractors and suppliers where the context permits.

The Company shall not be liable for any loss caused by the Customer’s failure to cooperate with an appointed supplier, failure to follow reasonable instructions, failure to provide access, failure to provide washout, failure to provide labour or refusal to accept delivery from an approved subcontractor or supplier.

 

33. Delivery Records, Photographs, CCTV and Evidence

The Company may use delivery tickets, electronic proof of delivery, GPS tracking, vehicle telematics, timestamp records, pump telemetry, batching records, site photographs, dashcam footage, CCTV recordings, driver notes, operator reports, text messages, emails and call records for operational, evidential, quality, safety, billing and dispute resolution purposes.

Such records may be relied upon as evidence of quotation details, Order details, Site access, vehicle arrival time, waiting time, discharge time, completion time, quantity supplied, instructions given, Site conditions, existing damage, reasons for aborted delivery, Customer conduct, pumping issues and other relevant matters.

In the event of a dispute, the Company’s records shall take precedence over estimates, assumptions, recollections, handwritten notes or unverified records produced by the Customer unless the Customer provides clear, objective and compelling evidence that the Company’s records are materially incorrect.

 

34. Electronic Signatures and Delivery Tickets

34.1 Delivery Tickets may be issued, signed, acknowledged or stored electronically. An electronic signature, typed name, scanned signature, tick-box acknowledgement, driver confirmation, photographic proof, GPS record or electronic proof of delivery shall have the same effect as a handwritten signature where permitted by law.

34.2 Signature of a Delivery Ticket, electronic proof of delivery, electronic signature or authorised acceptance by the Customer shall constitute acceptance of:

• the Goods;
• the quantity supplied or recorded, subject to any written note made before completion of discharge;
• the specification supplied or recorded, subject to any written note made before completion of discharge;
• the delivery, attendance, waiting time, discharge time or attempted delivery recorded; and
• these Terms and Conditions.

34.3 Where no authorised representative is available to sign, refuses to sign, or leaves Site before signing, the Company may record delivery, attempted delivery, refusal, waiting time, aborted delivery or Site conditions using driver confirmation, photographs, GPS records, telematics, pump records or other operational records. Such records shall constitute proof of attendance, attempted delivery or delivery as applicable.

34.4 Any person at Site who signs a Delivery Ticket, gives instructions, accepts delivery, directs discharge, requests water, requests additional time, authorises pumping, confirms access or otherwise deals with the Company’s driver or operator shall be deemed to have authority to act on behalf of the Customer.

34.5 Commencement of discharge, pumping, placing, finishing, tamping, levelling, power floating or otherwise incorporating the Goods into the permanent works shall constitute irrevocable acceptance of the Goods for all visible matters and all matters that ought reasonably to have been identified before incorporation.

 

35. Health and Safety

The Customer must ensure that the Site complies with all applicable health and safety requirements and that all persons at Site are competent, supervised and properly equipped. Safe access routes, exclusion zones, lighting, edge protection, excavation safety, traffic management, reversing arrangements and working areas must be provided before the Delivery Vehicle arrives.

The Customer must notify the Company of hazards including overhead cables, underground services, unstable ground, excavations, restricted access, confined spaces, public interface, schools, pedestrians, traffic hazards, contaminated land, fragile surfaces, asbestos, structural instability or any other risk affecting delivery or pumping.

The Company may stop work, leave Site, refuse delivery, refuse pumping or require changes where health and safety concerns arise. Any resulting waiting time, wasted journey, abortive cost or additional cost caused by Site conditions or Customer omissions shall be payable by the Customer.

 

36. Right to Refuse, Suspend or Terminate Service

The Company may refuse, suspend or terminate any Order, delivery or Service without liability where payment has not been made, credit limits are exceeded, access is unsuitable, Site conditions are unsafe, required information is missing, washout is unavailable, abusive behaviour occurs, instructions are unlawful, weather creates unacceptable risk, the Customer is in breach of these Terms or the Company reasonably considers performance to be unsafe or commercially unreasonable.

The Company may also suspend performance where the Customer becomes insolvent, appears unable to pay, disputes invoices unreasonably, refuses to provide information, refuses to sign required documents, prevents inspection, withholds payment, or attempts to impose terms inconsistent with these Terms.

Suspension, refusal or termination under this clause shall not release the Customer from liability to pay for Goods or Services already supplied, costs already incurred, wasted journey charges, waiting time, disposal costs, recovery costs or other sums due under these Terms.

 

37. Cancellation and Amendments

A Customer wishing to cancel or amend an Order must notify the Company as soon as possible in writing. Amendments are subject to availability, operational feasibility and price adjustment. The Company is not obliged to accept amendments after an Order has been scheduled, allocated, batched, loaded, dispatched or subcontracted.

Orders cancelled more than 48 hours before the scheduled delivery time may be cancelled without charge at the Company’s discretion, unless costs have already been incurred. Orders cancelled within 48 hours may be charged up to 50% of the Order value together with any costs incurred. Orders cancelled after batching, loading, dispatch, supplier allocation or vehicle attendance may be charged at 100% of the Order value.

Where Services have commenced, including arranging pump hire, allocating a third-party supplier, loading materials, dispatching vehicles, attending Site or setting up equipment, the Customer shall pay for the Services performed and any unavoidable costs incurred. Consumer rights are addressed separately in these Terms and shall apply where they cannot lawfully be excluded.

 

38. Force Majeure

The Company shall not be liable for any delay, failure, cancellation, reduction, suspension or non-performance caused by any Force Majeure Event or circumstance beyond its reasonable control. This includes adverse weather, flooding, fire, accident, road closures, traffic incidents, vehicle breakdown, plant breakdown, pump breakdown, fuel shortage, raw material shortage, cement shortage, aggregate shortage, labour shortage, supplier failure, industrial action, power failure, cyber incident, pandemic, epidemic, governmental action, war, civil disturbance, terrorism, regulatory restriction or any similar event.

Where a Force Majeure Event occurs, the Company may delay delivery, reschedule, reduce supply, cancel the Order, use an alternative supplier, amend the delivery method or suspend performance without liability. The Company will use reasonable endeavours to notify the Customer where practicable, but failure to notify promptly shall not create liability for losses arising from the event.

If performance becomes impossible, unlawful or commercially unreasonable due to a Force Majeure Event, the Company may terminate the affected Contract and refund any amount paid for Goods or Services not supplied, less any costs already incurred where lawful and appropriate.

 

39. Retention of Title and Risk

Risk in the Goods passes to the Customer upon delivery, discharge, collection, or the point at which the Company tenders delivery but the Customer fails or refuses to accept it. From that point, the Customer is responsible for loss, damage, deterioration, contamination, use, storage, handling, placing, curing and protection of the Goods.

Ownership of the Goods remains with the Company until the Company has received payment in full and cleared funds for all sums due from the Customer, whether under the relevant Contract or any other contract. Until ownership passes, the Customer shall hold the Goods as bailee for the Company where the Goods remain identifiable and separable.

The Company may recover unpaid Goods where legally permissible. The Customer grants the Company, its agents and representatives permission to enter premises where unpaid Goods may be located for inspection or recovery, subject always to applicable law and practical feasibility.

 

40. Limitation of Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory rights that cannot lawfully be excluded, or any other liability that cannot lawfully be excluded or limited.

Subject to the preceding paragraph, the Company’s total aggregate liability arising out of or in connection with any Order, Contract, Goods, Services, delivery, pumping operation, delay, defect, misdescription, breach, negligence, misrepresentation or other matter shall not exceed the invoiced value of the Goods and Services supplied under the relevant Order giving rise to the claim.

The Company shall not be liable for loss of profit, loss of revenue, loss of business, loss of contracts, loss of anticipated savings, loss of opportunity, loss of goodwill, business interruption, wasted management time, labour costs, contractor costs, subcontractor costs, plant hire costs, pump hire costs, crane hire costs, scaffold costs, accommodation costs, financing costs, delay damages, liquidated damages, penalties, third-party claims, indirect loss, consequential loss or special damages, whether foreseeable or not and whether arising in contract, tort, negligence, breach of statutory duty, misrepresentation or otherwise.

 

41. Exclusive Remedies for Defective Goods or Services

Where the Company is found liable for defective Goods, the Company’s sole obligation shall be, at its option, to replace the affected Goods, supply additional equivalent material, or refund the invoiced value of the affected Goods. Where the Company is found liable for defective Services, the Company’s sole obligation shall be, at its option, to re-perform the affected Services or refund the invoiced value of the affected Services.

No claim shall be valid where the concrete has been altered, diluted, contaminated, mixed with other materials, reworked, pumped, placed, finished, covered, cured, loaded, trafficked, damaged, cut, broken out, removed or incorporated into permanent works before inspection by the Company, unless the Company has expressly agreed in writing or inspection was impossible for reasons not caused by the Customer.

For Consumers, this clause applies only to the extent permitted by law and does not remove statutory remedies that cannot lawfully be excluded. For Commercial Customers, this clause is intended to provide the exclusive remedy for any valid quality claim.

 

42. Commercial Customer Indemnity

Each Commercial Customer shall indemnify and keep indemnified the Company, its directors, employees, subcontractors, suppliers, drivers, pump operators and agents against all claims, losses, damages, costs, expenses, liabilities, penalties and proceedings arising from or connected with the Commercial Customer’s breach of these Terms, inaccurate information, incorrect specification, incorrect quantity, Site conditions, unsafe access, Customer instructions, lack of permissions, lack of labour, lack of washout, failure to inspect, failure to notify, non-payment, abusive conduct or negligent act or omission.

This indemnity includes third-party claims by property owners, neighbours, main contractors, subcontractors, employees, visitors, public authorities, highway authorities, environmental regulators, insurers and any other person. It includes legal costs on a full indemnity basis and applies whether the claim is made directly against the Company or indirectly as a result of the Company’s involvement in the Customer’s project.

The indemnity shall be reduced to the extent that the relevant loss is caused directly by the Company’s proven negligence and cannot lawfully be excluded or limited.

 

43. Parking, Permits, Fines and Public Highway Issues

The Customer is responsible for obtaining and paying for any parking suspension, permit, traffic management approval, road closure, skip licence, highway licence, parking dispensation, access consent or other permission required for delivery or pumping. The Customer must notify the Company of any restrictions before the Order is accepted.

Any parking fine, penalty charge notice, congestion charge, ULEZ charge, toll, permit charge, clamping charge, removal charge, access penalty, highway fine or similar cost incurred because of the Customer’s Site, instructions, delivery location, access requirements or failure to obtain permissions shall be payable by the Customer in full.

If the Company is unable to deliver because permissions are not in place, access is restricted, parking is unavailable, a road is closed, traffic management is absent or a vehicle cannot lawfully stop, the Order may be treated as an aborted delivery and all relevant charges shall apply.

 

44. Insolvency and Credit Risk

The Company may immediately suspend or terminate any Contract without liability if the Customer becomes insolvent, enters administration, enters liquidation, proposes or enters a company voluntary arrangement, has a receiver appointed, ceases trading, suspends payment of debts, is unable to pay debts as they fall due, has a bankruptcy petition presented, is subject to enforcement action, or if the Company reasonably believes that any such event may occur.

Upon any such event, all sums owed to the Company shall become immediately due and payable. The Company may cancel further deliveries, refuse further Orders, require payment in advance, recover unpaid Goods where legally permissible and exercise any other right available under law or contract.

The Customer must notify the Company immediately if its financial position materially deteriorates or if any insolvency-related event occurs or is likely to occur.

 

45. Intellectual Property and Website Use

All website content, text, images, graphics, logos, branding, calculators, product descriptions, downloads, documents, technical content, marketing materials and other intellectual property used by the Company are owned by or licensed to the Company and are protected by copyright, trade mark and other intellectual property laws.

The Customer may print or download extracts from the Company’s website for personal or internal business use relating to a potential or actual Order, provided that the material is not modified, reproduced commercially, published elsewhere, used to mislead, copied into another website or used in a manner that infringes the Company’s rights.

The Company may amend website content, product information, pricing, availability, specifications and service descriptions at any time without notice. Website content is provided for general information and does not replace project-specific professional advice.

 

46. Data Protection and Marketing

The Company will process personal data in accordance with applicable UK data protection legislation, including UK GDPR and the Data Protection Act 2018. Personal data may be used for quotations, order processing, delivery, payment, credit control, dispute resolution, safety, legal compliance, customer service and related operational purposes.

The Company may share necessary information with subcontractors, suppliers, hauliers, pump operators, payment providers, debt recovery agents, professional advisers, insurers, regulators or other third parties where reasonably required for the performance of a Contract, legal compliance or legitimate business purposes.

Marketing communications will be sent only where permitted by law. The Customer may opt out of marketing communications in accordance with the Company’s privacy procedures. Further information should be set out in the Company’s Privacy Policy.

 

47. Complaints, Invoice Queries and Dispute Handling

47.1 Any complaint, invoice query, delivery query, quality concern, billing discrepancy or dispute must be notified to the Company in writing as soon as possible.

47.2 Any invoice query, dispute, complaint or billing discrepancy must be submitted in writing within seven calendar days of the invoice date.

47.3 Failure to notify the Company within this seven-day period shall constitute acceptance of the invoice for operational and credit control purposes unless there is clear error or unless such deeming provision cannot lawfully apply to a Consumer.

47.4 Submission of a complaint, invoice query or dispute shall not entitle the Customer to withhold payment. All undisputed sums and, for Commercial Customers, all sums subject to the anti-set-off provisions of these Terms shall remain payable in accordance with the agreed payment terms.

47.5 The Customer must provide full details of the issue, including as applicable:

• Order number;
• delivery date;
• Site address;
• photographs;
• Delivery Ticket;
• batch details;
• test results;
• names of persons involved;
• description of the issue; and
• all relevant supporting evidence.

47.6 The Customer must mitigate losses and must not carry out remedial works before giving the Company reasonable opportunity to inspect unless immediate action is required to prevent danger or further damage. Where immediate action is required, the Customer must preserve evidence as far as reasonably practicable.

47.7 The parties shall attempt to resolve disputes commercially and in good faith. However, the existence of a dispute shall not entitle the Customer to withhold undisputed sums or sums due under the anti-set-off provisions of these Terms.

 

48. Notices

Any notice under these Terms must be in writing and may be delivered by hand, prepaid post or email to the last known address or email address notified by the receiving party. Notices to the Company should be sent to contact@easyconcreteservices.co.uk unless the Company has provided a different address for legal notices.

A notice sent by email shall be deemed received at the time of transmission if sent during normal business hours on a Working Day, or at 9:00am on the next Working Day if sent outside those hours, provided that no bounce-back or delivery failure notification is received. A notice sent by post shall be deemed received two Working Days after posting by first class post within the United Kingdom.

This clause does not prevent the Company from communicating operational updates, delivery changes, arrival estimates, payment reminders or other routine matters by telephone, text message, WhatsApp, email or other practical communication methods.

 

49. Entire Agreement

These Terms, together with the accepted Order and any written variation signed by a Director of the Company, constitute the entire agreement between the Company and the Customer in relation to the supply of the relevant Goods and Services.

The Customer acknowledges that it has not relied on any statement, promise, representation, assurance, sample, image, website wording, sales statement or advice that is not expressly set out in the Contract. Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

Any samples, descriptions, images, illustrations, marketing materials or website content are provided to give a general impression of the Goods or Services and shall not form part of the Contract unless expressly incorporated in writing by a Director of the Company.

 

50. Severability, Waiver and Assignment

If any provision of these Terms is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

No delay, failure or omission by the Company in exercising any right, power or remedy shall constitute a waiver of that right, power or remedy. A waiver shall only be effective if given in writing by a Director of the Company and shall apply only to the specific circumstances for which it is given.

The Customer may not assign, transfer, charge, subcontract or otherwise dispose of any rights or obligations under a Contract without the Company’s prior written consent. The Company may assign, subcontract, novate or transfer its rights and obligations where reasonably required for business, operational, restructuring or supply purposes.

 

51. Third Party Rights

Except for the Company’s directors, employees, subcontractors, hauliers, drivers, pump operators, suppliers, agents and insurers, who may rely on protections, exclusions and indemnities intended for their benefit, no person other than the Company and the Customer shall have rights to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

The Company and the Customer may vary or terminate a Contract without the consent of any third party. The protections given to subcontractors, suppliers, hauliers, drivers, pump operators and agents shall not create a direct contractual relationship between such persons and the Customer unless expressly agreed in writing.

Where a third-party supplier or subcontractor is used, the Customer shall not pursue that party separately for matters that are properly governed by the Contract with the Company, except where the law provides otherwise or the Company has expressly confirmed a different arrangement in writing.

 

52. Governing Law and Jurisdiction

These Terms, any Contract and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of England and Wales.

Subject to any mandatory rights available to Consumers, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, any Contract, Goods, Services, delivery, pumping operation or related transaction.

The Company does not warrant that Goods, Services, website content or documents are suitable for use outside the United Kingdom. If the Customer uses Goods, Services or website content outside the United Kingdom, it does so at its own risk and is responsible for compliance with local laws.