TERMS & CONDITIONS
Last updated: February 1st 2023
“Agreement” means the agreement between the Customer and the Company for the provision of the Goods and Services in accordance with the Proposal;
“Company” means Concrete Solutions, 1 Castle View, Old Gaol Road, Montgomery SY15 6QS;
“Customer” means any person or company who purchases Goods and Services from the Supplier;
“Commencement Date” means the start date as notified to the Customer by the Company;
“Completion” means the finishing of the project according to the agreed-upon specifications, including any final touches or adjustments, and the confirmation that the Customer is satisfied with the work;
“Goods” means the materials specified in the Proposal;
“Invoice” means the invoice specifying the total cost of the Goods and Services provided by the Company;
“Price” is the fixed price for the supply of the Goods and Services as specified in the Invoice;
‘’Quotation’’ means the Company’s accurate costs of the supply of Goods and Services submitted to the Customer that lists the proposed prices for the Company’s Goods or Services;
“Provisional Estimate” means the Company’s best estimate of the supply of the Goods and Services. A Provisional Estimate will be provided in cases where no accurate cost can be given at the time the Quotation is provided;
“Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Company;
“Services” means the services specified in the Proposal;
“Terms and Conditions” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Company to which the Agreement between the Customer and the Company are subject;.
Table of Contents
2. THE PROPOSAL
3. PRICE AND PAYMENT
4. COMMENCEMENT DATE
5. GOODS, TOOLS AND EQUIPMENT
7. CUSTOMERS OBLIGATIONS?
12. OUR LIABILITY
16. LAW AND JURISDICTION
17. ENTIRE AGREEMENT
1.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Company to the Customer and shall prevail over any other correspondence from the Customer.
2. The Proposal
2.1 The Price specified in the Proposal is based on the cost of wages, materials, plant hire and taxes prevailing at the time of the Proposal and is valid for a period of 30 days from the date shown in the Proposal
2.2 The Customer shall be deemed to have accepted the Proposal and the supply of the Goods and Services in accordance with the Terms and Conditions upon payment of the deposit in accordance with clause 3.1.1.
2.3 The Company agrees to provide the Goods and Services set out in the Proposal at the Price specified in the Proposal except where any of the following situations arise:
2.3.1 In the event that the Proposal refers to a Provisional Estimate for the supply of Goods and/or Services. In such a case, the Customer will be sent an Invoice on Completion of the works representing the total cost of the supply of the Goods and Services.
2.3.2 The Proposal will be based on the assumption that excavation will be in normal sub-soils and that no hidden obstacles will be encountered during any part of the work. If any such obstacles arise including but not limited to rock or running sand, unstable ground, excess water or any other unforeseen circumstances and/or any service such as water, gas, telephone, drainage etc., not previously advised to the Company exist, the Company reserves the right to amend the Price and charge for any additional work involved including the cost of any additional materials, equipment and sub-contractors. Any such costs will be discussed with the Customer in advance of any such work being undertaken.
2.3.3 The Proposal assumes that, and is subject to the ground conditions being suitable for the supply of the Services. Should this not be the case then any additional costs incurred by the Company which the Company reasonably determines is necessary to properly repair the ground, shall be payable by the Customer. Any such costs will be discussed with the Customer in advance of any such work being undertaken.
2.3.4 In the event that the Customer accepts the Proposal in accordance with clause 2.2 and the Company has notified the Customer of a proposed Commencement Date but the Customer delays the Commencement Date for a period exceeding 3 months from the date of the Proposal, the Company reserves the right to review the Proposal in the event that the costs of supplying the Goods and Services including any equipment
and other materials have increased.
2.3.5 Where part of the work is being carried out by the Customer, the Price is based on this work being carried out in a workmanlike manner and strictly to the agreed time schedule with regards to the proper preparations so our work is not jeopardised in any way. This particularly applies to the excavation work. Additional costs involved in our work as a result will constitute an extra charge to the purchaser.
2.3.6 In the event that the Customer amends or varies the nature of the Goods and / or Services to be provided by the Company from that specified in the proposal, whether in writing or where such instructions are received verbally. The Company will where reasonably practicable and where requested by the Customer provide an amended Proposal which will be deemed accepted unless notified otherwise by the Customer
within 7 days. In the event that it is not practicable to provide an amended Proposal, any additional works and variations will be charged at a fair price, based on the cost of such variations.
3. Price and Payment
3.1 The Company shall be entitled to payment as follows:
3.1.1 Deposit of 50% on acceptance of Proposal;
3.1.2 40% on completion of the installation;
3.1.3 The outstanding balance as specified in the Invoice will be payable within 14 days of; Completion.
3.2 In the event that the Proposal specifies an alternative arrangement with regard to the payment for the Goods and Services, the terms specified in the Proposal shall prevail.
3.3 In the event of the Customer fails to make payment as required by these Terms and Conditions (or the Proposal), the Company shall be entitled to cancel any discount specified in the Proposal and the full amounts shall become due.
3.4 In the event that the Customer fails to make payment as required by these Terms and Conditions (or the Proposal), the Customer shall pay interest on the overdue amount at the rate of 4% per annum above HSBC Bank PLC’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the actual payment of the overdue amount whether before or after judgement. The Customer shall pay the overdue amount together with the interest.
3.5 The Customer shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Company may at any time, without limiting its other rights or remedies set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
3.6 In the event of any dispute arising during the course of, or subsequent to, completion of work, the purchaser shall not be entitled to withhold payment in excess of an amount representing a reasonable evaluation of work required to rectify or replace the work which is specifically subject to the said dispute.
4. Commencement Date
4.1 The Commencement Date specified by the Company is an estimated date only. The timing of the delivery of the Goods and Services shall not be of the essence of the contract and the Company shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Commencement Date.
5. Goods, Tools & Equipment
5.1 All Goods, tools and equipment on site which form an integral part of the contract shall remain the property and shall be in the exclusive possession of the Company, until all outstanding amounts owed and as specified in the Invoice have been paid in full.
6.1 The Company shall not be liable for any delay or failure to perform any of its obligations under these Terms and Conditions for any reason whatsoever beyond the reasonable control of the Company, including without prejudice of the generality of the foregoing, inclement weather or unreasonable site conditions, strikes, lock outs accidents, breakdown of plant or machinery, shortage or unavailability or materials delay caused by other contractors, workmen or tradesman engaged or nominated by the Customer or for delays in performance of the Services which result from the Customer amending the nature of the Goods and Services to be provided by the Company as specified in the Proposal In the event that such delays arise, then the company shall not be liable to the Customer for any such delay in the completion of the work and a fair and reasonable extension of time shall be agreed for completion of the provision of the Goods and Services.
6.2 In the event that a dispute arises between the Customer and the Company, the Company reserves the right to suspend the provision of the Services and shall not be liable to the Customer for the delay in Completion pending resolution of any such dispute.
7. Customers’ Obligations
7.1 To enable the Company to supply the Goods and Services the Customer shall:
7.1.1 co-operate fully with the Company;
7.1.2 ensure that the Customer is available during the provision of the Services in the event that the Company needs to discuss any issues that may arise on site which impact the provision of the services and the Price;
7.1.3 Provide the Company with any information reasonably required by the Company;
7.1.4 Obtain all necessary permissions, building permits, licenses and consents which may be required from time to time and where so required the costs of any changes related thereto shall be paid directly by the Customer.
7.1.5 Comply with all other requirements as specified in the Proposal.
7.1.6 ensuring the Company has complete free and easy access to the working area of the site for materials, machinery and provisional of all necessary electrical, water and other services. Any additional costs incurred through the purchaser not providing such shall be chargeable to and payable by the purchaser.
7.2 Following the Commencement Date but prior to Completion, the purchaser will be required to take care to protect the site and its surroundings and in particular to prevent any person or animal not authorised by the company from trespassing in the working area or interfering with machinery, equipment or other materials stored there. Beyond such reasonable care being taken the company does not take responsibility for the cost of reinstatement. Any damage must be notified to the company in writing within seven days of the occurrence.
8.1 In carrying out preparatory work on-site, implementing the contract and cleaning the site on completion, every possible care will be exercised by the company to minimise the disturbance caused by vehicles, plant and all equipment using the access routes to reach the working areas and the area around the contract site which is required for the working space. The company will clear the working area on completion.
8.2 The Company will exercise all reasonable care to place pattern-aligned expansion and contraction joints at its discretion to minimise the chance of cracking but no guarantee is given against cracking.
8.3 The nature of the process causes variations in the depth of the imprint. Every effort will be made, however, to achieve the consistency of depth to the purchaser’s requirements.
8.4 The nature of materials and processes used make it unavoidable that apparent variation in texture and colour in the surfacing material may occur. Whilst every possible care will be exercised the company cannot guarantee colour and texture matching to a closer tolerance than those inherent in the materials and processes used.
8.5 Concrete products required a curing period after laying operations have been completed. The length of this period is usually governed by the weather and the type, volume and weight of traffic to be encountered. At the time of handing over the completed facility, the company will advise the purchaser on this and other precautions that are required to be taken. The company cannot be held responsible for any damage that may result from failure to follow these instructions, and such failure may invalidate the warranty given by the company under this contract.
8.6 The process tends to imitate the traditional finish of bricks and cobblestones, and all surface blemishes are part of the finished product and left at the company’s discretion.
1.1 Completion means the finishing of the project according to the agreed-upon specifications, including any final touches or adjustments, and the confirmation that the Customer is satisfied with the work.
1.2 At the project commencement we will provide a projected completion date for your project, but unforeseen circumstances may cause delays. If any delays are encountered, we will notify you and provide an updated completion date.
1.3 If we are unable to complete the project due to circumstances beyond our control, we reserve the right to terminate the contract and refund any payments made.
1.4 Any changes to the original scope of work may result in additional charges and may impact the completion date.
1.5 Failure to make payments as agreed may result in a delay in completion.
1.6 Once the project is complete, we will conduct a final walkthrough with you to ensure your satisfaction.
10.1 The agreement between the Company and the Customer shall terminate immediately upon the happening of any one or more of the following:
10.1.1 The Customer is dissolved or has a bankruptcy order made against them or the Customer enters into any arrangement or composition with creditors; or
10.1.2 The Customer (being a body corporate) convenes a meeting of creditors or enters into liquidation (whether voluntary or compulsory); or
10.1.3 The Customer has a receiver, manager, administrator or administrative receiver appointed of the whole or any part of the Customers undertaking, property or assets; or
10.1.4 a resolution is passed or a petition presented to any court for the Customers winding up or for the granting of an administration order over you; or
10.1.5 any proceedings are commenced relating to the Customers insolvency or possible insolvency in any jurisdiction to which the Customers assets are subject.
10.2 The Contract shall terminate immediately upon service by us of written notice of termination on you on the happening of any one or more of the following:-
10.2.1 The Customer commits a material breach of any of the Customer’s obligations (which shall, for the avoidance of doubt, include the payment of any sums due to us under the Agreement) under the Agreement; or
10.2.2 The Customer is unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986; or
10.3 Termination of the Contract shall not affect rights and duties accrued before the termination.
10.4 Without limiting any of other rights or remedies, the Company may suspend the provision of the Services under the Agreement or any other contract between the Company and the Customer if the Customer is in breach of these Terms and Conditions or if the Customer fails to pay any amount due under the Contract on the due date for payment.
10.5 In the event of the cancellation of the Services by the Customer, the Company reserves the right to recover such costs as have been incurred, however so incurred.
11.1 The company has at its own expense adequate insurance cover for Public Liability and all types of contracting work.
12. Our Liability
12.1 The Company’s liability for losses which the Customer suffers as a result of any breach by us of these terms and conditions is strictly limited to the Price.
12.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for the death or personal injury caused by our negligence, for fraud or false representation or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12.3 The Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of the Contract (or these Terms and Conditions), be liable for any loss of profit or contract, loss of income or revenue, loss of business, or any indirect, special or consequential loss, damage, costs, expenses or other claims howsoever arising and whether caused by tort (including negligence) breach of contract or otherwise even if foreseeable.
12.4 The Company cannot be responsible for any damage to the concrete after they have applied the system, i.e. such things as animal damage, weather damage or human damage etc.
12.5 The Company shall not be held responsible for minor departures from the contract specification or drawings made necessary by the site conditions or unforeseen circumstances.
12.6 No responsibility can be taken for Customers spreading salts over the finished surface area.
12.7 The Company shall not at any time be liable for upgrading or relocating or existing surfaces.
12.8 The Company shall not at any time be liable for any instructions given by the Customer that may contravene any requirements of the Local Authority.
13.1 The Customer shall indemnify the Company against any loss, claim, damage, costs, claims and / or expenses suffered by the Company as a result of the performance by us of the Services and / or the delivery of the Goods save where such loss, claim, damage, costs or expenses arise wholly or in part from negligence on our part.
14.1 In addition to its statutory obligations, the company warrants that within a period of five years of the date of completion of the contract, the company will make good, free of charge, any defects which are due to faulty workmanship or materials provided the facility is treated with reasonable care and any maintenance instructions have been adhered to. Written notice of any claim against this warranty must be received within fourteen days of the expiry of the warranty period.
14.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
15.1 In the event that the Customer is dissatisfied with any aspect of the provision of the Goods and / or Services provided by the Company the Customer shall give the Company an opportunity to inspect and if appropriate rectify any issues prior to the Customer publishing any feedback or which specifically refers to the provision of the Goods and Services provided by the Company.
15.2 In the event that any such dispute cannot be resolved then any such dispute arising under it shall be referred to the arbitrator to be appointed by the parties and, in default of the agreement, by the president of the time being of the R.I.B.A. and whose decision shall be final and binding. Such a reference shall be a submission to arbitration under the ‘Arbitration Act 1950’ or any statutory modification or re-enactment thereof.
15.3 The Customer agrees that pending the outcome of any dispute referred for arbitration under clause 15.2, the customer shall not publish any feedback or comments which specifically refer to the provision of the Goods and Services provided by the Company.
16. Law and Jurisdiction
16.1 The contract shall be subject to the exclusive jurisdiction of the English/ Welsh courts and constructed according to English/Welsh law.
17. Entire Agreement
17.1 These Terms and Conditions together with the Proposal represent the entire agreement between the Customer and the Company and supersede any prior agreement, understanding or arrangement between us whether oral or in writing. In entering into the Terms and Conditions it is agreed that the Customer has not relied on any representation, undertaking or promise given by the Company or be implied by anything said or written in negotiations unless expressly stated in these Terms and Conditions or in the Proposal.
18.1 The Customer is not permitted to assign any of its obligations under these Terms and Conditions. The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
19.1 Any variation in these conditions must be agreed by the Company and Purchaser before Commencement Date and any such variation will only be valid where it is signed by the parties.
20.1 If any part of the Contract is held to be invalid, illegal or unenforceable, that part shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Terms and Conditions shall not be affected.