ADDITIONAL INFORMATION
• QUOTATION IS SUBJECT TO THE ATTACHED TERMS & CONDITIONS.
• ALL CONCRETE SHALL BE DEEMED ‘DESIGNED FOR STRENGTH ONLY’ UNLESS SPECIFIED BY MIN CEMENT OR WATER CEMENT RATIO.
• OPENING CHARGES TO BE DISCUSSED AS AGREED.
• ALL PRICES ARE BASED ON QUANTITIES GIVEN AT TIME OF QUOTE. CREDIT TERMS STRICTLY TO BE DISCUSSED
If you have any other queries please don’t hesitate to contact Mike Ward 086 8533864
CONDITIONS OF SALE
1. Unless previously withdrawn quotations are open for acceptance within thirty days from their date, and the following terms and conditions apply to all sales to the exclusion of all previous proposals or communications. Variations or additional terms shall only have affect if approved in writing by a Director of Esker Readymix Ltd.
2. PRICE VARIATION: Prices are those ruling at the date of the quotation. Customers will be notified of price increases which will be applied to this quotation,
3. EXTRA COSTS: If the Company is required to make deliveries outside the normal working hours, the purchaser will be charged extra in accordance with the Company’s rates from time to time in force or as specified in the front hereof as appropriate. Such costs to be subject to variations in accordance with clause 2 above.
4. DELIVERY/OWNERSHIP:
(a) The Purchaser will provide a proper means of access to the Purchaser’s site, a safe and sound site and adequate manoeuvring space at the point of discharge. If in the opinion of the Company the access or site is unfit they may at their discretion refuse to complete the order. The full costs will be invoiced to the Purchaser in such an event.
(b) Save for death or personal injury or damage to property caused by the Company’s negligence, the Purchaser will indemnify the Company against damage or injury to the Company’s property or employees or the property or person of others including the Purchaser and its employees occurring whilst the Company’s delivery vehicles are on the Purchaser’s site or place of delivery or any
access thereto.
(c) The Purchaser or an authorised employee or agent of the Purchaser shall accept delivery and sign the delivery note. The Purchaser shall be bound by the signature on such notes of any person appearing to the driver of the delivery vehicle to be authorised to sign the same unless the Purchaser has previously notified the Company in writing that only specified persons are so
authorised. The Company reserves the right to charge for the provision of copy delivery notes subsequently required by the Purchaser as proof of delivery.
(d) Without prejudice to the provisions of Clause 4(c) above the Company shall not be liable in respect of complaints relating to delivery of incorrect quantities unless it is notified within one working day of the time of delivery, such complaint to be confirmed in writing within five working days. Where such complaints are found to be justified the Company’s liability shall be confined to making good any deficiency in quantity,
(e) The ownership of the material shall not pass to the purchaser until payment has been made in full.
(f) Delivery vehicle shall mean any vehicle owned, hired or contracted to or by the Company for the delivery of materials.
(g) To ensure compliance with specifications, deliveries of concrete must be discharged fully within two hours of time of batching as shown on the delivery ticket or such lesser time as may be dictated by the particular specification. Unless the Customer has some immediate use for concrete, drivers accordingly have instructions to return to the Company’s plant two hours after the time of
batching or such lesser time as dictated by the appropriate specifications. The full costs including the costs of disposal will be charged to the Purchaser in such circumstances.
5. SUSPENSIONS OF DELIVERIES: Deliveries may be totally or partially suspended during any period in which the Company may be prevented or hindered from manufacturing, supplying or delivering the materials, due to breakdown of plant, non-availability of materials, labour disputes, fire, accident, inclement weather, transport difficulties or delays or any circumstances outside the Company’s control. The Company will make every effort to inform the purchaser should such an occasion arise but shall be under no liability to the Purchaser through failure to deliver in such circumstances. Whilst every effort will be made to meet any delivery requirements, the Company shall not be liable for any loss or damage consequential or otherwise arising through its failure to meet
such requirements.
6. CANCELLATION:
(a) Without prejudice to its rights at common law or otherwise the Company reserves the right to charge the Purchaser for all costs incurred as a result of the cancellation or variation of the whole or a substantial part of an order at whatever stage together with loss of profit and all other consequential loss.
(b) No cancellation of any daily requirement for supply can be accepted unless such cancellation is received at the Company’s works in time to prevent that order being batched, mixed or loaded. The Customer will be charged in full for any materials batched, mixed or loaded at the time of cancellation together with any costs of disposal.
7. SPECIFICATION:
(a) Materials sold by us shall be of the type shown on the front hereof and shall accord with the specification stated as relevant by usage of the industry for the type stated.
(b) No specific warranty or guarantee is given other than in (a) above unless by express arrangement agreed in writing by the Company and all other warranties and conditions are hereby excluded whether expressed or implied by law or otherwise and in particular the Company acts only as a supplier of materials to the order of the Purchaser and knowledge for the purposes for which
the materials are intended to be used does not imply any warranty on the part of that Company as to the quality or fitness for that purpose of the materials to be supplied.
8. DEFECTS:
(a) The Company will accept no responsibility for faults in or failure of the materials due to use in unsuitable applications or to the handling, treatment or methods of placing adopted by the Purchaser after the materials have been delivered to site or loaded into any vehicle or receptacle provided by the Purchaser.
(b) The Company will accept no responsibility unless the alleged defects are notified to the Company as soon as possible after their discovery (but in no case exceeding thirty days from the date on which the materials were supplied) and a written complaint quoting the number of this quotation is received at the appropriate Area or Regional Office of the Company promptly thereafter.
(c) The Company will accept no responsibility unless it has been given an opportunity of investigating any alleged defect and of making representations as to any remedial action to be taken.
(d) If a defect in the materials should have been revealed by examination on delivery, the Company’s responsibility in respect of such defect shall be limited to the delivery of a fresh supply of materials to replace the defective materials (without prejudice to the necessity for compliance with the other provisions of this paragraph).
(e) Under no circumstances shall the company be liable for consequential loss arising from defects in the materials howsoever caused.
9. WORKABILITY: The Company will accept no responsibility for the workability, strength or quality of its concrete it the Purchaser shall have added anything whatever to it. The Company’s drivers have instructions to make no alterations to a mix without specific authorisation by the Purchaser and such authorisation shall be at the Purchaser’s risk. In the event that the Purchaser or his representative demands the driver to mix and discharge the concrete at a workability different to that specified and ordered, the Company will accept no responsibility for the consequences of the concrete being supplied at a workability outside the tolerance of that specified in the quotation.
10. TESTING:
(a) Any sample tested shall be taken during discharge from the delivery vehicle or from a central mixer in the case of concrete collected from the Company’s batching depot, in accordance with the relevant clauses of I.S. EN 12350 and I.S. EN 206:2013+A2:2021 or any replacement thereof.
(b) Any sampling, making, curing and testing of specimens shall be carried out with the relevant clauses of I.S. EN 12350 and I.S. EN 206:2013+A2:2021 or any replacement thereof.
(c) Test results shall be interpreted in accordance With I.S. EN 206:2013+A2:2021 or any replacement thereof or any other specification previously agreed in writing between the Company and the Purchaser.
(d) All concrete block testing shall be interpreted in accordance with I.S. EN 771-1:2011+A1:2015 or any replacement thereof
(e) All aggregates testing shall be in accordance with I.S. 5 or any replacement thereof.
11. DISCHARGE: The time allowed for the discharge of the Company’s Ready-mix Concrete vehicles from arrival on site is 5 minutes for each cubic metre of the load plus ten minutes. The Company may charge for any detention in excess of the period allowed at the rate of € hour with a minimum charge of 2 per load. The time allowed for discharge of the company’s concrete block vehicles is forty-five minutes. The Company may charge for periods in excess of the period allowed, in accordance with the
company’s rates from time to time in force.
12. PAYMENT: Unless otherwise agreed, terms are nett thirty day account with payment to be received by the Company not later than the fifteenth day of the month following the month of delivery. The Company reserves the right to refuse to execute any order or to suspend or discontinue deliveries it the arrangements for payment or the Purchaser’s credit is not satisfactory to the Company or the Purchaser’s account is overdue for payment and to charge interest on any balances overdue for payment at the rate of 2% per month.
HEALTH WARNING
CEMENT AND CONCRETE CONTAIN LIME AND OTHER CHEMICALS WHICH CAN CAUSE IRRITATION, DERMATITIS AND BURNING. TO AVOID HARM TO SKIN MINIMISE CONTACT WITH WET CONCRETE AND WEAR SUITABLE PROTECTIVE CLOTHING. WHERE CONTACT OCCURS (WHETHER DIRECTLY OR THROUGH SATURATED CLOTHING) WASH THOROUGHLY IN CASE OF IRRITATION OR BURNS CONSULT A DOCTOR IMMEDIATELY