Terms & Conditions
1.Definitions and Interpretations
In these conditions the following words have the following meanings:
- Customer/Buyer -The person(s), firm or company who purchases goods and services from the company.
- Company - Celtic Readymix Ltd (Registered in England & Wales Company Reg: 06898392)
- Contract - Any contract between the Company and the Customer for the sale of goods and provision of additional services incorporating these conditions.
- Additional Services - those services provided by the company.
- Goods - Any goods agreed in the contract to be supplied to the customer by the company.
- Material - Concrete products which the customer agrees to buy from the Company.
- Price List - The document setting out the company’s prices from time to time.
- Quotation - The document issued by the company which sets out the prices for goods and services.
- Cancellation Charge - The charge for cancellation set out in the price list.
- Site - The place the customer has requested the goods to be delivered.
- Delivery Ticket - Means the proof of delivery/collection signed by the customer accepting the goods. This will include quantity, description, delivery date and time.
- Part Load Charge - The charge for part load set out in the price list.
- Returned Material Charge - The charge for surplus material that the customer has returned for disposing as set out in Company’s price list.
- Waiting Time Charge - The charge for waiting at the disposal point over and above the time allowed by the company as set out in the company’s price list.
- Specification - Means the description of goods as set out in the British Standard.
- Supervisor - Customer representative, employee or agent on site responsible for deliveries and services.
- Minimix- Small loads up to 4 cubic metres.
2. Formation of Contract, Quotations and Orders
- The contract will be subject to these conditions to the exclusion of all other terms and conditions (including any terms and conditions which the customer purports to apply under any purchase order, confirmation of order, specification or other document whatsoever).
- No variation to these Conditions will be binding upon the Company unless agreed in writing by a director of the company and any other conditions sought to be imposed by the customer on the Company unilaterally are specifically excluded.
- The Company shall be entitled to assume that all orders for material shall be an offer by the customer to purchase materials on the basis of these conditions.
- The Customer is responsible for ensuring that the order and any applicable specification is complete and accurate.
- All quotations and estimates given in writing by the Company are subject to these conditions and will be valid for the period stated in such quotation or estimate and otherwise for 30 days, but may be withdrawn at any time by the Company.
- A quotation or estimate given by the Company does not constitute an offer to supply.
- Where the quotation makes reference to strength it is a reference to compressive strength assessed by (in accordance with the relevant British Standard); (i) making and curing cubes from composite samples taken from a delivery at the time of discharge either from the delivery truck or (where collected by the customer) from the Company’s plant or from the customer’s vehicle, (ii) carrying out compressive strength tests on such cubes (iii) interpreting the result of such tests.
- Any advice or recommendation given by the Company or its employees or agents to the customer or its employees or agents as to the strengths or use of the goods is followed or acted upon entirely at the Customer’s own risk, such advice should not be relied upon.
- The Company may make changes to the specification which are required to meet any applicable statutory or EU requirements or which do not materially affect their quality and performance.
- All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions, details or illustrations contained in the Company’s catalogues, brochures and website are issued or published for the sole purpose of giving an approximate idea of the Goods and Services described in them and will not form part of the Contract unless otherwise agreed in writing by the Company.
- Any clerical omission or error in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
- Any cancellation or delay of an order by the customer less than 24 hours before the order is due to be fulfilled, or if the Company cannot deliver an order due to a failure of the Customer to comply with its obligations is subject to payment by the Customer of the cancellation charge.
3. Delivery and Acceptance of Goods
- The Customer shall give no less than 48 hour’s notice to the Company of a request for delivery.
- The Customer is responsible to ensure that the Company is provided with sufficient address and details of the site and point of unloading to enable the Company to satisfactorily deliver the materials in normal working hours.
- Any times and dates quoted by the Company for delivery are approximate only and cannot be guaranteed.
- All deliveries are too hard road site only. Deliveries off the public highway are at the Customer’s risk. This includes puncture repairs and replacement truck tyres, (please see Company Tyre Policy) and recovery costs if the vehicle is immobilised.
- The Customer shall provide an authorised representative/supervisor to (i) accept the goods and services (ii) give appropriate instructions concerning delivery (iii) have applicable documents (iv) authorise any addition of water or any other materials and shall record this on the delivery note (v) confirm the times of arrival and departure. The Customer shall also provide a suitable washout area and oversee any disposal of excess material. The Company reserves the right to levy a returned material charge.
- Where the Goods are to be delivered to the Customer’s place of business or such other place as the Company and Customer may agree, the Customer shall provide a route over sound hard roads to the point at which the Customer wishes the goods to be discharged. This must be safe and proper and provide a means of access and adequate manoeuvring space. If, in the Company’s reasonable opinion such roads or access are unsuitable, the Company reserves the right to (i) refuse to deliver (ii) to deposit the goods at the nearest safe point closest to the intended point of delivery. The Customer shall be responsible for supervising completion of delivery. The Customer indemnifies the Company against all losses, costs, proceedings, claims, demands and expenses incurred by it as a result of failure to provide a safe and convenient access or delivery point and/or properly supervise delivery.
- If the materials are to be deposited on a street or public highway the Customer is responsible for compliance with all regulations which need to be taken for the protection at all times of persons or property and shall fully indemnify the Company in respect of all losses which the Company may incur as a result of such delivery.
- The Company shall not be liable for any loss resulting from non-delivery of materials on the estimated delivery date provided that wherever possible the Company will notify the Customer if it will not be possible to make the delivery on the day requested.
- Any failure on the part of the Company to deliver on the date requested by the Customer because of inadequate delivery instructions shall be at the cost of the Customer.
- If for any reason the Customer does not accept delivery of any Goods within the sum of 40 minutes for Minimix deliveries and 60 minutes for larger trucks when the Goods arrive and are available for discharge the Company reserves the right to charge the Customer waiting time as set out in the Company price list.
- Where delivery of the Goods shall take place at the Company’s place of business; (i) the Goods will be loaded into a vehicle that the Customer supplies at such suitable delivery point as the Company directs (ii) the Customer must obey the site rules and instructions of the Company and (iii) the Customer is responsible for the condition of the vehicle and carrying capacity in which it collects the Goods and the Company shall not be liable for loss or contamination of the Goods resulting from the condition of such vehicle or claims and demands resulting from overloading.
- The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
- The time for delivery shall not be of the essence of the contract.
- All Health and Safety requirements in respect of the site shall be the Customer’s responsibility and the Customer shall be liable for and indemnify the Company against any accident or damage The driver is deemed to be an agent of the Customer and will follow all reasonable instructions.
4 Risk and Title
- The risk in materials shall pass to the Customer upon delivery to the site.
- Until the Company has received payment in cleared funds of all sums owed by the Customer the title to the materials shall remain with the Company.
- The Company shall be entitled at all times to access the site to recover the materials until title has passed.
5 Price and Payment
- The Price is the price set out in the Company’s latest price list on the date of dispatch or as otherwise agreed between the parties in writing.
- Prices quoted are not fixed unless agreed in writing by the Company.
- The Company reserves the right to charge part load charges as set out in the Price list up to 10 cubic metres. Details of load capacities can be obtained from the Company upon request.
- The Company reserves the right to make a charge for delivery of the Goods and Services on the request of the Customer on a specific time or outside normal working hours.
- The Customer shall make all payments due under the contract without any deduction whether by way of set-off, withholding, counter claim, discount, abatement or otherwise.
- The Company reserves the right at any time before delivery to adjust the price to reflect any increase in the cost to the Company of materials, labour, equipment or operation.
- If any sum due from the Customer to the Company under the contract or any other contract is not paid on or before the due date for payment then all sums then owing by the Customer to the Company shall become due and payable immediately and the Company shall be entitled to; (i) cancel or suspend its performance of the contract or any order including suspending deliveries of the goods and services (ii) require the customer to pay for Goods prior to their dispatch or collection from the Company’s premises (iii) charge the customer interest calculated on a daily basis on all overdue amounts until actual payment is received at the statutory rate of interest for commercial debts prevailing from time to time and (iv) the cost of obtaining judgement or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure.
- Any credit facility given to the Customer by the Company may be altered or withdrawn by the Company at any time.
- All credit facilities shall become due within 28 days from date of invoice unless otherwise agreed in writing by the Company.
- No payment shall be deemed to have been received until the Company has received cleared funds.
- All payments payable to the Company shall become due immediately in the event the Customer defaults in the payment of any one invoice or breach of contract.
- The Company reserves the right in its absolute discretion at any time to demand security for payment or to insist upon payment by way of cleared funds for materials before delivery.
- The price of Goods is exclusive of VAT.
- Refunds will be made to the payment card/account that was initially used to make the purchase minus any charges occurred.
6 Force Majeure
- The Company reserves the right to suspend or cancel the contract in whole or in part (without liability to the Customer) if it prevented from or delayed in the carrying on of its business and its obligations under the contract due to any circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, lightning, war, revolution, act of terrorism, riot or civil commotion, strikes, lockouts or other industrial action ( whether of the Company’s own employees or others), failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services (an “event of Force Majeure”).
- If the Force Majeure event in question continues for a period in excess of 90 days, either Party may give notice in writing to the other terminating the Contract.
- The Company warrants that (subject to the other provisions of these conditions) upon delivery the Materials shall (i) be of satisfactory quality, (ii) be reasonably fit for purpose, (iii) be reasonably fit for any particular purpose for which the Materials are being bought if the Customer had made known that purpose to the Company.
- The Company agrees to manufacture the Materials in accordance with any applicable British Standards and Materials covered by harmonised European Standards will carry CE marking to the extent that this is practicable.
- Whilst every effort is made to maintain consistency in the characteristics of the Materials some variation is unavoidable and the Company shall not be liable in respect thereof.
- If the Customer can establish to the reasonable satisfaction of the Company that (i) there is a defect in the workmanship of the Company in relation to the Materials, (ii) the Materials are not in accordance with the quality or Specification contained in the contract, (iii) there is some other failure by the Company in relation to the Materials to comply with the contract, then subject to the conditions set out below, any liability of the Company shall be limited to (at the Company’s discretion) either replacing the Materials within a reasonable time or issuing a credit note for the Materials.
- The Company will not accept responsibility for faults in or failure of the Materials due to unsuitable use, handling or application.
8 Limitation of Liability
- Subject to condition 7, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employee’s agents and sub-contractors) to the Customer in respect of; (i) any breach of these conditions (ii) any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
- All warranties, conditions and other terms implied by statute or common law which may be excluded by law are, to the fullest extent permitted by law, excluded from the contract.
- Nothing in these Conditions shall exclude or restrict the Company’s liability (i) for death or personal injury resulting from the Company’s negligence or fraudulent misrepresentation.
- The Company shall have no liability for any defect in the Materials to the extent that the losses suffered by the Customer or any third party results from (i) fair wear and tear (ii) wilful damage, negligence, abnormal working conditions, miss-use, alteration or repair of the Materials, failure to follow any British Standard the Company’s or industry instructions relevant to the Materials or storage of the Materials in unsuitable conditions (iii) use of the Materials following the expiry of the recommended shelf life (iv) in respect of ready mixed concrete, water or any other spoiling material being added to the Material (v) the Materials not being sampled and tested in accordance with the relevant British Standard specification.
- Subject to condition 8b, and 8c, The Company’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this contract shall be limited to the refund of the price of Goods and the Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract.
- If the Materials are manufactured, processed or mixed by the Company to the specification of the Customer or its agents the Customer fully indemnifies the Company against all losses awarded against, incurred by, paid or agreed to be paid by the Company in settlement of any claim for infringement of any industrial or intellectual property rights of any other person.
- The legal rights of a Customer dealing as a consumer are not affected by these conditions.
The Company shall be entitled to cancel the Contract or suspend any further deliveries under the contract without any liability to the Customer if any of the following occur (without prejudice to any other right or remedy available to the Company)
- The Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or convenes a meeting of creditors (whether formal or informal) or enters into liquidation (whether voluntary or compulsory) or has an administrative receiver appointed of its undertaking or any part therof, or documents are filed with the court for the appointment of an administrator of the Customer or its directors or by a qualifying floating charge holder, or a resolution is passed or a petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer,
- The Customer suffers or allows any execution, whether legal or equitable, to be levied on his property or obtained against it, or fails to observe/perform any of its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 1234 of the insolvency act 1986 or the Customer ceases to trade or
- The Customer commits any breach of the Contract or any other contract between the Customer and the Company or between the Customer and any companies within the same group of companies or which the Company is a member.
If the Company cancels or suspends any further deliveries under the Contract under Condition 9 and if the Goods have been delivered but not paid for the price shall become immediately due and payable regardless of previous agreement or arrangement to the contrary.
- Governing law and jurisdiction: The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
- Severance: If any clause or sub-clause of these conditions is held by any court or other authority of competent jurisdiction to be wholly or partly void or unenforceable the validity of the other clauses or sub-clauses of these conditions shall not be affected and they shall remain in full force and effect.
- Assignment: The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
- The Company may assign the Contract or any part of it to any person, firm or company.
- Waiver: A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
- Third Party rights: The Parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not party to it.
- Communication: The Company may record phone calls it makes to, or receives from the Customer. All notices between the Parties in respect of the Contract must be in writing and delivered by hand or sent by first class post to, in the case of the Company, the address set out above and in the case of the Customer, to its registered address.
1. The information and material provided on this website is provided free of charge (except where otherwise stated) and solely for illustrative purposes. It is not intended to and does not establish a business, contractual or employment relationship with Celtic Readymix.
2. The information, contents, text, images, including but not limited to html code, scripts, and photography is the property of Celtic Readymix (otherwise acknowledged) and may not be copied, reproduced, republished, posted, transmitted, or distributed in any way without our express, advance, written consent.
3. This site is provided "as is" and Celtic Readymix expressly disclaims all warranties of any kind whether express or implied including the warranties of merchantability and fitness for a particular purpose. In no event shall Celtic Readymix or any of its employees or contractors be liable for any damages whatsoever in connection with the information or material on this website, including but not limited to actual, consequential, direct, exemplary, incidental, indirect, punitive or special damages.
4. Links on this site may lead to services or sites not operated by Celtic Readymix. No judgement or warranty is made with respect to such other services or sites and Celtic Readymix takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.
5. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.