TERMS & CONDITIONS
These Terms and Conditions (Terms) were updated on 24 April 2023, and apply to the order by you (Customer) and supply of goods by Master Mix Concrete Limited (Company / we / us) to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
1) PLACING AN ORDER AND TIME OF DELIVERY
If you are placing an order online, please follow the onscreen prompts under “contact information” to place an order, or you can either call us via our landline on 0800 014 6160 or Whatsapp us via the contact information on our website. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate. After you place an order, you will receive an email or text message from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. We will confirm our acceptance to you by sending you an email or text message that confirms that the Goods will be dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
The time for dispatch stated in the quotation and / or the Dispatch Confirmation is an estimate and shall date from receipt by us of definite instructions to proceed, with the necessary information. We undertake to adhere as closely as possible to the period stated, but can accept no liability for failure to deliver in that period stated; or for any loss or delay occasioned by strikes, lockouts, fire, storm and adverse weather, accident, delay in transit after leaving our works, delays in receiving supplies from our suppliers, or other contingency beyond our control (each an Event Outside of Our Control). Delivery is complete and you are responsible for the Goods once the Goods have been unloaded at the address for delivery as set out in your order, or when the Goods have been collected by you from the Company’s premises.
If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside of Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods or you have otherwise breached this Contract.
Cancellation will only be accepted by us on condition that all costs and expenses incurred by us up to the time of cancellation and all loss of profits and other loss or damage resulting to us by reason of such cancellation will be reimbursed by the Customer to us forthwith.
Standard cancellation charges occur when there is less than 24-hour notice, and are as follows:
- For a single vehicle order, a £350 charge for cancellation; and
- For any orders requiring two or more vehicles, 50% of the total order value.
All cancellation fees are subject to VAT. Once the Goods have been delivered on site and become part of the building project at that site there is no right to cancel the Contract.
3) WAITING TIME
Upon arrival for delivery and within the allocated time which was sent through to you in the
Dispatch Confirmation, 15 minutes are allowed to unload each cubic metre up to a maximum of 60 minutes. Any time spent beyond the allocated time will be charged at a rate of £2.50 per minute. This will be charged up until completion of the pour of the Goods. The site will be expected to be ready from the start of the allocated time and a waiting time charge will be charged for anytime spent by the Company’s representatives waiting to begin the delivery of the Goods.
All descriptions and illustrations contained in our catalogues, price lists and other advertising matter are intended merely to present a general idea of the equipment described therein for illustrative purposes only and shall not form part of the Contract.
Unless previously withdrawn, quotations remain valid for you to submit an order based on that quotation within the period stated in the quotation or if no period is stated, then the quotation remains valid for 2 weeks of the date thereof and are subject to written confirmation on receipt of instructions from you to proceed to order.
6) TERMS OF PAYMENT
Strictly payment upon completion of delivery via card or cash unless you hold an active account with the Company. If you hold an active account with the Company, then payments should be made adhering to account terms and conditions issued. The property title in Goods shall not pass to the Customer unless full payment has been made for the whole consignment. The Company reserves the right to enter any premises of the Customer or of any third party where the Goods are stored and to remove all Goods not paid for in full from the site. Any damage caused in removing the Goods not paid for in full from the site remain the liability of the Customer and/or the overseer of the property.
7) LATE PAYMENT FEES
Non-Account Customers are required to make full payment upon completion of delivery and will be charged a waiting time rate of £2.50 per minute should payment not be readily available upon completion of delivery. Account Customers must make payments within the terms of their account which will be specified by the Company when the account is granted. Should payments not be made within the specified account terms or upon completion of delivery (Non Account Customers), late payment fees will be added to the invoice and will accrue each day at the rate of 8% a year above the Bank of England’s base from time to time, but at 8% a year for any period when the base rate is below 0%plus the debt recovery costs set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time) until the invoice is settled in full. Late payment fees are also subject to VAT.
8) CONDITIONS AND WARRANTIES
All implied conditions, warranties and guarantees implied by statute, common law or otherwise are hereby excluded, save as expressly stated herein or on the face of the Company’s Offer.
The Company provides a warranty that on delivery, the Goods shall:
- subject to Clause (4), conform in all material respects with their description set out in the relevant Order;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and (d) be fit for any purpose held out by us.
Except where stated in this Contract or as set out in the Company’s acceptance of the Customer’s
Offer, the Company shall not be liable (including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise) for any loss, damage, injury or delay whatsoever except where that liability cannot be limited or excluded by law.
The Company has the following insurance, public and employers’ liability insurance with Zurich, policy number PC163741 which at 24 April 2023 has a cover amount £5,000,000.
Except where it is not possible to limit liability under law, the Company will under no circumstances be liable to you for any:
- loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of or damage to goodwill or reputation; or (f) indirect or consequential loss.
The Customer is hereby warned that the addition of extra water will reduce the strength and durability of the concrete mix.
10) DELIVERY OFF PUBLIC HIGHWAY
If, in order to affect our delivery on behalf of the Company, the Company’s driver is required to leave the Public Highway and drive onto private property, this will be done at the sole responsibility of the over signed, who will become fully responsible for any consequential damage that may occur to the said property of any part thereof. In the event of the vehicle becoming stuck or bogged down, the Company will also look to the over signed for reimbursement of all vehicle’s recovery costs, repair or damage caused to the Company’s vehicle and loss of earnings whilst the Company’s Vehicle is out of use.
Shortages and complaints must be notified to the Company’s driver immediately on-site during delivery and by telephone to the office within 30 minutes of delivery, whereon, a complaint reference number will be given. Unless this procedure is followed the Company cannot accept responsibility for shortages, and then the Company may not be able to replace the defective Goods or resolve the shortage. The conditions and warranties contained in clause 8) also apply to any replacement Goods or Goods given to resolve shortages.
Testing of concrete should be made in accordance with BS 8500. The driver must be informed when a test is to be carried out and the concrete must be taken directly from the mixer in order for compliance procedures to be checked. Unless the procedure is followed the Company cannot accept responsibility for any defective concrete.
13) HEALTH & SAFETY WARNING – CONCRETE BURNS
Where skin contact occurs with wet concrete either directly or through saturated clothing, the clothing must be removed and the affected area thoroughly washed with clean water. If symptoms persist seek medical advice. The Company does not accept any responsibility/liability for any injuries sustained, save for that liability which cannot be excluded by law.
14) SITE PREPERATION PRIOR TO DELIVERY
It is the sole responsibility of the Customer and/or their builders/staff to have suitably prepared the site prior to our arrival upon delivery. Should the Customer require any protective materials i.e tarp, dpf, boarding etc to be laid out to prevent any mess from spillage or splashing, the Company does not provide these materials and cannot be held accountable or accept any liability for any excess mess/damage due to a lack of preparation. Any provided materials are the sole responsibility of the Customer and must be disposed of by the Customer, and not the Company.
A suitable washout area must also be provided by the Customer for any vehicles attending site. Site preparation also includes preparing any parking permits, road closures and/or further parking requirements prior to our arrival. Should any fines/tickets be incurred to us as a result of parking in any way, these costs will be forwarded in full on the Customer.
15) OUT OF HOURS CHARGES
Out of hours fees are charged at £500 +VAT per vehicle when pre-booked or scheduled for an out of hours delivery. Should any standard delivery overrun past 17:30pm, out of hours charges will be charged at a standard rate of £300 +VAT per hour, rounded up to the nearest hour block. This means that should your delivery be completed at 18:43pm for example, charges will be applied up to 19:30pm, rounded up to the closest full hour block.
16) INFORMATION FOR CONSUMERS
The Company is responsible for losses you suffer, as a consumer, caused by us breaking the Contract unless the loss is:
- It was not obvious that it would happen and nothing you said to us before we accepted your Order meant we should have expected it (so, in the law, the loss was unforeseeable);
- Caused by a delaying Event Outside Our Control;
- Something you could have avoided by taking reasonable action.
Where you are a Business then clause 8 shall apply instead of this clause 16.
How the Company uses any personal data you give to us is set out in our Privacy Notice.
Summary of your key legal rights
The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Goods your legal rights entitle you to the following:
- Up to 30 days: if your Goods are faulty, then you can get a refund.
- Up to six months: if your Goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your Goods do not last a reasonable length of time you may be entitled to some money back.
If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.
The Contract constitutes the entire agreement between you and the Company in relation to its subject matter, and any variation of the Contract only has effect if it is in writing and signed by you and the Company. The Contract is between you and the Company only and each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
The Company may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract. The Company will tell you in writing if this happens and if you are a consumer, we will ensure that the transfer will not affect your rights under the Contract. However, the Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Company.
If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if the Company delays in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
These Terms and the Contract are made only in the English language, and these terms are governed by English law and the courts of England have exclusive jurisdiction in the event of any dispute under this Contract.