The Company means CRM (North East) Ltd.
The addressee of this quotation is the “Customer“ whether it is an individual, business or Company. All items quoted are referred to as “Materials“ in these conditions and any “Specification“ relating to such Materials will be as defined in the quotation. These conditions of sale shall be taken as the conditions referred to and will only include any additional terms and conditions which have previously been agreed in writing with the Customer in writing prior to any delivery of Materials or supply of services.
These conditions alone will dictate the supply of any Materials and will exclude any other terms and conditions which may from time to time be laid down by the Customer in all circumstances. Any variation to these conditions must be recorded in writing and authorised by a Director of the Company. Sixty days from the date of this quotation is allowed for acceptance. However, the quotation is given on the basis of the availability of the Materials quoted. Additionally the quotation can be withdrawn by the Company on written notice to the Customer at any time.
Any contract with the Company is as suppliers only. Furthermore, the Company will not be tied by any contract between the Customer and another third party, nor shall the Company accept that the Company has any knowledge of any contractual agreement between the Customer and any Third Party. All materials quoted for are offered subject to availability at the time of order.
a) All prices quoted herein are for deliveries during normal working hours defined as Mondays to Fridays – 7.30 to 17.00 hours.
b) Outside of the above hours we reserve the right to charge an additional sum and this would also apply to any deliveries on a Sunday or Bank Holiday.
c) Where a delivery is requested by the Customer, which is not a full load, a surcharge for any empty carrying capacity will be made.
d) Unless otherwise stated all prices quoted include aggregates levy surcharges but exclude VAT.
e) Where a delivery is requested by the Customer which involves multiple discharge points, a surcharge will be made to affect such within discharge delivery.
f) At all times we retain the right to amend our prices at any time prior to delivery but this will only be actioned after written notice has been given.
a) All delivery times given are estimated and shall not be of the essence of any contract between us and we will therefore not be liable to the Customer for delivery delays of the Materials.
b) At all times the Customer must inspect the Materials either on delivery or collection to ensure that the Materials are as ordered and fit for their intended use, signing the delivery note in acceptance of this. The Customer must inform the Company in writing of any alleged defects or shortages within 24 hours of delivery.
c) Delivery is conditional on good access and suitable ground for large lorries. It is the customers responsibility to ensure it is suitable. Any delays or returned loads will incur additional charges. We cannot accept any liability for damage to property during offloading. Delivery will be made as near to a requested delivery point as the driver is able or deems safe and suitable.
d) Where an ordered load is returned to source a charge will be incurred to cover haulage and material handling both ways.
Where materials are being collected it is required that all site users adhere to the relevant signage as well as legislation, rules and health and safety policies of the site being visited as available from the weighbridge.
a) The Customers credit facility with the Company may be changed at any time by the Company giving written notice of such change.
b) Payment for all Materials supplied shall be made not later than 30 days from the end of the month in which delivery is made and these terms of payment shall be of the essence of this contract.
An application where a Customer requires any special qualities or properties from Material then the Customer is under a duty to specify their special quality requirements or properties at the time of enquiry and prior to the acceptance of any quotation received from us. Where no such advice has been received from the Customer we shall not be liable for any loss or damage which may arise as a result of the quality of the Materials used, nor for the improper application of any supplied Material other than that for which specific application the Material has been designed.
We sell a natural aggregate product and as such a degree of natural variance is expected. Any sample of Materials passed to the Customer are an indication only of the general nature of the Materials and the Company does not accept any liability if the bulk of Material are not in accordance with the sample.
All warranties, conditions or other terms expressed or implied by statute or common law are hereby excluded to the fullest extent permitted by law. However, we warrant that the Materials supplied either at the point of collection or delivery will meet the Specification set out in the Quotation. It is incumbent for the Customer to satisfy himself that the Materials are fit for the purpose required as no representations or warranties are given by the Company as to the suitability or fitness of the Materials for any particular purpose.
Whilst every endeavour will be made to supply Materials to the Specification set out in the quotation, if any Materials are demonstrated to be defective and not in accordance with the Specification, our liability shall be limited to the direct costs of the replacement of such defective Materials only and we shall not be liable for any other loss or damage including but not limited to any loss of profit, custom or any indirect and consequential loss or damage howsoever arising.
If the Customer commits any breach of these conditions or shall go into liquidation either voluntary or compulsory or shall enter into composition with his creditors or shall suffer any distress or execution to be levied on his goods (or being an individual) shall commit any act of bankruptcy, we may without prejudice to our rights terminate this contract and refuse to effect any further deliveries of the Materials without any liabilities to us.
The risk for damage to or loss of the Materials shall pass to the Customer upon delivery but the property in the Materials shall not pass to the Customer until full payment for the Materials has been made to us.
14. Force Majeure
In the event or our inability to deliver Materials due to any Act of God, force majeure, riot, civil commotion, government order or legislation, fire, accident, strike, industrial action short of a strike, lock – out, adverse weather conditions, delays to our transport, breakdown of our plant or machinery, non – availability of Materials from our available sources or by any other matter over which we have no reasonable control we may suspend deliveries of Materials under this contract and we shall not be liable for any loss or damage howsoever arising.