CONDITION OF SALE (OF AGGREGATES AND SIMILAR AND ASSOCIATED MATERIALS) AND OF COLLECTION (OF WASTE)
1.This Quotation is an offer which is subject to withdrawal on notice and to the materials being available when required and which is open to acceptance within 60 days after the date upon which it is made.
2.Any samples of the materials submitted to the customer are intended to indicate only the substance and the general character of the materials and we will not be liable if the colour, the grading or the particle shape of the bulk of the materials fail to correspond with any such samples.
3.In this quotation and in any contract between us and the customer any statements made by us as to the time or the date of delivery of materials or of collection of waste are to be treated as approximate estimates based on the current trading conditions. Although we make every reasonable effort to deliver and to collect at any times arranged, we will not be liable for any loss or damage or indirect caused by or arising out of any delay in our effecting any delivery or collection.
4.We do not undertake to deliver or collect any load over roads or other ground which we consider to be unsuitable.
If a vehicle used by use to delivers materials to or (as the case may be) collects waste from a place situated off a public road, the customer will be liable for any accident and any damage which may result.
5.The customer shall ensure that each vehicle used by us to deliver materials or collect waste will be unloaded or (as the case may be) loaded with all reasonable dispatch; and if it is detained for longer than ten minutes for each such operation we reserve the right to make a reasonable extra charge.
6.If the customer wishes to claim that there is any shortage on delivery in respect of any materials or that any materials have been damaged in transit or are defective or otherwise do not accord with the contract, he shall within forty eight hours after their delivery give written notice to us and (in the case of any such shortage or damage) to any carrier by whom the materials were delivered. If the customer fails to give such notice the full quantity of the materials shall be deemed to have been delivered in accordance with the contract in all respects. If the customer permits the unloading of the whole or any part of a load he shall be deemed to have accepted delivery.
7.Although we make every reasonable effort to supply good quality materials of the type specified in this Quotation or in any contract, if any materials supplied by us are shown in any way to be defective our liability shall be limited to the cost of their replacement; in no circumstances will we be liable for any other loss or damage direct or indirect caused by or arising out of the failure of any of the materials to accord with the type or quality of materials ordered or by reason of any other matter whatsoever.
8.Unless otherwise expressly agreed by us in writing our prices for the supply of materials and for the collection of waste are based on our costs (including the cost of conforming to obligations imposed by Statute or Government Order) at the date when such prices were quoted or otherwise agreed; and we reserve the right to make a proportionate increase in our prices if their should be any increase in such costs.
9.Unless otherwise expressly agreed in writing our prices only cover working, delivery and collection on our normal working days and during our normal working hours. If any working, delivery or collection should be at the customer's request be effected outside our normal working hours, we reserve the right to make a reasonable extra Charge.
10.We reserve the right to suspend deliveries or collections if the arrangements for payment or the customer's credit are not satisfactory to us. In the case of non-payment of any sum when due or in the case of death, incapacity, bankruptcy or insolvency of the customer or (when the customer is a limited company) in the case of liquidation or the appointment of a receiver, then the price of all materials and waste invoiced by us and/or supplied by us to the customer or collected by us from the customer up to that date shall immediately become due and payable by the customer to us and in addition we reserve the right to cancel each contract made with the customer or to suspend deliveries or collections in either case without prejudice to our right to recover any loss sustained.
11.Unless otherwise expressly agreed, our prices for materials only cover their supply from the normal run of production. Where the customer requires some different or special grading a reasonable extra charge will be made to cover any additional cost. A reasonable extra charge will also be made if at the request of the customer we deliver materials in quantities of less than a full vehicle load or we effect discharge of a load in any manner other then by immediate and continuous tipping at one point of discharge.
12.We will not be liable for any other breach of contract to any extent to which the same might be caused or might arise out of any matter beyond our control, including Act of God, force majeure, adverse weather conditions, war or hostilities, legislation. Government Order or direction, strike, lock-out, labour disturbance, civil commotion, fire, accident breakdown of machinery or lack or shortage of labour or materials or goods; and in any such case we will cease to be under any obligation to the customer to complete deliveries or collections under such contract by any particular time (but without prejudice to our right to recover payment for any materials already delivered or for any waste already collected).
13.Unless otherwise agreed by us in writing the above conditions shall apply to all contracts entered into by us. Any stipulations or conditions in the customer's order which would conflict with any of these conditions or in any way qualify or negative the same shall be deemed to be inapplicable to any contract entered into by us unless expressly agreed to by us in writing when we acknowledge the order in question.
14.Where this Quotation includes terms relating to the collection of waste the customer warrants that such materials are inert and non-toxic and will not contaminate water supplies or atmosphere in the region in which they are tipped.