Definitions
In these terms and conditions the following words
will have the following meanings.
"The
Company"
shall mean Bonnar Sand & Gravel Co Ltd. or
Bonnar Ready Mix Concrete Ltd.
"The
Goods" shall mean the material offered for sale by the
companies.
"The
Buyer" shall mean the corporate Entity, Firm or Person
seeking to purchase the goods from the company.
All orders
received and accepted by the company only on these
Terms & Conditions.
PRICE:
1)
Unless
otherwise stated, all prices quoted are exclusive
of 17% VAT
2)
Unless
otherwise stated, all prices quoted as
"delivered" are for delivery to site or
as near there to as safe roadway permits.
3)
Unless
otherwise expressly agreed by the Company in
writing, prices cover only delivery and working on
normal days and during normal working hours.
Deliveries requested out with these hours will be
subject to extra charges.
4)
Extra
charges will be made when the buyer requests
deliveries to be made in quantities of less than a
full load.
5)
Extra charges
will be made if the buyer retains the vehicle for
a length of time in excess of that allowed.
Excessive delays, which in the opinion of the
driver are unnecessary and avoidable, may result
in the goods remaining in the truck being
discharged without further delay. All costs
arising from this action will be the
responsibility of the Buyer.
PAYMENT:
1)
All
sums become due and payable under these terms not
later than 30 days from the date of the invoice.
2)
The
buyer shall not be entitled to withhold payment of
any amount payable to the Company by reason of
dispute or claim by the Buyer, and in case of any
incorrect or short delivery, shall remain liable
to pay the full Invoice price of all the goods
delivered.
AVAILABILITY:
All
offer to supply materials are made in good faith
in accordance with the circumstances applying on
the date of quotation and all orders are accepted
by the Company subject to the materials or goods
ordered being available when required by the Buyer
in the quantities needed. If for any reason
whatsoever, material is not available, or not
available in sufficient quantities, or if the
Company is obliged to close down or reduce output,
the Company will not be liable for any loss
sustained by the Buyer due to the Companies
inability to supply materials as quoted.
DELIVERY:
1)
Delivery
shall be to the address specified in the
quotation.
2)
Delivery
dates mentioned in the quotation, order, or else
where are approximate only and have no contractual
effect. The Company shall not have any liability
for loss or damage (including loss of profit
and consequential loss) to the Buyer in
respect of any failure to deliver on any
particular date or dates.
3)
Delivery of
goods may be totally or partially suspended by the
company during the period in which it is prevented
or hindered from such delivery by reason or circumstances
beyond its control. Any suspension shall not give
rise to any claim by the Buyer against the
Company.
4)
The
Company's obligation is to deliver as near to the
site as a safe hard road permits. If delivery is
made off of public road, the Buyer will be solely
responsible for any accident or damage resulting
in consequence. If the Company's vehicle is kept
on site for an unreasonable time or has to return
to the depot without completing delivery through
lack of the Buyers assistance appropriate
additional charges will be made. If the Buyer does
not accept delivery of goods ordered for any
reason, costs incurred will be charged to the
Buyer. It is the Buyers responsibility to
establish the suitability of the goods and to
ensure that discharge is properly made at the
correct place. Goods returned or not accepted
because of alleged non-conformity, will be
further, will be further tested by the Company and
if conformity is confirmed all costs incurred in
the rejection by the Buyer, including subsequent
testing will be charged to the Buyer.
5)
Time allowed
for discharge of Ready Mix Concrete will be plus
five minutes per cubic meter.
(i) Time detained on site in excess of the
above allowed time will be subject to additional
charges.
