Axtell Concrete Terms & Conditions
The Conditions apply to:
- financial and non-financial offers, agreements or transactions between You and Us
- usage and permission to use all Sites owned and operated by Us
1. Interpretation
In these Conditions:
| 1.1. | “Aggregate” means Sands, Sub-bases, Tarmac, Stones, Soils, Landscaping Products and/or other bulk material. |
| 1.2. | “Volumetric Trucks” means any of Our vehicles carrying volumetric mixers for the production of concrete or screed. |
| 1.3. | “Pump Trucks” means any vehicle in Our fleet with onboard concrete pumping facility. |
| 1.4. | “Communications” means on-line, off-line and telephone/fax communication of any means between You and Us. |
| 1.5. | “Conditions” means these Terms and Conditions. |
| 1.6. | “Grabtrucks” means a vehicle or vehicles made for the purpose of loading, un-loading and transporting bulk Rubbish, Muckaway, Aggregate or other suitable material. |
| 1.7. | “Muckaway” means inert un-contaminated construction waste, such as Rubble, Soil, Sub- Soils and Clay. |
| 1.8. | “Privacy Policy” means the Privacy Policy that can be found on any or all Sites. |
| 1.9. | “Products” means products and services supplied by Us, including but not limited to, Ready Mix Concrete, Volumetric Concrete, Screed, Grabtrucks, Waste Skips and Aggregate. |
| 1.10. | “Ready Mix” and/or “Volumetric Concrete” means Our concrete product. |
| 1.11. | “Screed” means Our screed product. |
| 1.12. | “Restricted Material” means Fridges/Freezers, Tyres, Paint Cans, TV’s/Monitors, Asbestos, Clinical/Medical Waste, Florescent Tubes, Solvents, Liquids, Oil, Batteries, Plasterboard to a max of 10% of load, Hazardous/Toxic Material, Gas Cylinders |
| 1.13. | “Rubbish means but is not limited to waste materials such as Wood, Cardboard, Paper, Plastic, Metals, Textiles and Plasterboards. |
| 1.14. | “Site Address” means the address which you have instructed us to attend in order that we can provide Our Products. |
| 1.15. | “Sites means the websites knows as www.staging2.axtell.co.uk, grabtrucks.com, mixtrucks.com and all other websites owned or operated by Us. |
| 1.16. | “Our” or “Us” means Axtell Limited. |
| 1.17. | “You” or “Your” means an individual or corporate entity or un-incorporated entity. |
2. Provision of our Products
| 2.1 | We agree to provide You with Our Products in accordance with these Conditions. |
| 2.2 | Concrete pumps are hired under CPA conditions as per the links, | Model Conditions | Supplementary Conditions | Good Practice Guide | Guidance on Ground Conditions | |
| 2.3 | Products will be provided on an “as is” and “as available” basis. We cannot guarantee that the Products will be provided fault-free, and We do not undertake or warrant that the Products will be free from defects or available. |
| 2.4 | We may temporarily suspend Products either partially or completely for any reason. We will restore Products as soon as reasonably practicable after a suspension. We will not be liable to You for any loss which You incur as a result of any such suspension. |
| 2.5 | Waiting time. Prices are quoted on the assumption that no unreasonable delay of discharge will occur. Waiting time will be charged as per prevailing rates. |
| 2.6 | The operators of our Grabtrucks are permitted a maximum of 30 minutes to load Our vehicle from arrival at the Site Address. Further loading time will be charged at the prevailing waiting time rates. |
| 2.7 | Our Grabtrucks load capacity and weight is strictly governed by the Vehicle Operators Services Agency (VOSA) and Our Grabtrucks will only be loaded to the maximum weight permissible for each individual vehicle. |
| 2.8 | The pages contained in Our Sites may contain technical inaccuracies and typographical errors. The information in Our Sites pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. |
| 2.9 | The information contained in the material in the Sites is only for information purposes. The material on this site does not constitute advice and You should not rely on any material on such Sites to make (or refrain from making) any decision or take (or refrain from taking) any action. |
| 2.10 | Your Communications with Us may be monitored in the context of Our Privacy Policy, to allow support of Products or where we have reason to believe there may have been a breach of these Conditions or the stated Privacy Policy. |
| 2.11 | Upon receipt and or provision of Our Products, You are required to examine whether the Products are of reasonable standard to those requested. Should they not be of a reasonable standard, You should notify Us in writing without delay and in any case within fourteen days of receipt. |
3. Use of Our Products
You warrant and undertake to Us that:
| 3.1.1 | Your Rubbish or Muckaway is of such a nature that the regulations issued by the Secretary of State under the Environmental Protection Act 1990 (hereinafter called “the Act”) in force on the date of the removal exempt the material being removed under the provisions of the Act; or |
| 3.1.2 | That the required notice has been served under the provisions of Section 3(1) of the Act on the required Authorities in the form required by Section 3(2) of the Act covering the removed of Rubbish or Muckaway. |
| 3.2 | No Restricted Material will be onto Our Grabtrucks. |
| 3.3 | In the event that you instruct Us to remove Rubbish or Muckaway with Our Grabtrucks and upon arriving at the Site Address Your load is a combination of Rubbish and Muckaway, we will do so at the prevailing Heavy Mixed Waste rate and Your instruction to Us will be amended accordingly. |
| 3.4 | Amendments to the Volumetric Concrete and/or Screed mix requested on site. Extra water affecting strength or workability will be noted on the delivery ticket and is added only at the customer’s request and risk. |
| 3.5 | We reserve the right to charge a cancelled booking charge at the prevailing rate, regardless of whether we have attended Your Site Address for any bookings cancelled with less than 24 hours’ notice. |
| 3.6 | Access will be freely available for any Products to be delivered by Our Volumetric Trucks or Pump Trucks or collected by Our Grabtrucks will be within safe reach of the lifting equipment fitted to such vehicle. |
| 3.7 | In the event that You instruct Our vehicles and or their equipment to leave the Public Highway to provide Our Products You will re-imburse Us in full for any loss, costs, claims, damages, or expenses We or You may thereby sustain whether it is a result of damage to Our Products, Your property or the Site Address, including damage to the road margins and pavements. |
| 3.8 | Whilst providing Our Products to You, you will remain liable for any loss, costs, claims, damages, or expenses We or You may thereby sustain whether it is a result of damage to Our employees, Products, Your property or the Site Address, including damage to the road margins, pavements and/or overhead obstructions. |
| 3.9 | In the event that you instruct Us to deliver Our Products, to a position on the Public Highway (including grass verges, footpaths, pavements, or anywhere else where damage to property or injury to third parties is reasonably foreseeable), You will, unless specifically otherwise agreed in writing provide three marker cones by day (More if deemed required in order to provide a clear marker) and a minimum of three cones plus adequate warning lights during the hours of darkness as required by the Highways Act 1980. |
| 3.10 | You may only download, use, reproduce and print materials appearing on Our Sites and/or Products for Your own personal, non-commercial purposes and where explicitly permitted. |
4. Rate and Payment Terms
| 4.1 | The rates of Our Products offered are stated in British Pounds and are exclusive of VAT, unless explicitly stated otherwise. |
| 4.2 | Price Variation. Quoted prices are based on the cost of materials and labour ruling at the date of quotation, in the event of fluctuation of costs we reserve the right to make corresponding variations in prices after giving due notice. |
| 4.3 | Payment should be made without discount, compensation, or delay and in any event within the terms of the invoice date, unless agreed otherwise in writing. Products and the rights/title to them, remain Our property until payment has been made. |
| 4.4 | Invoice queries should be made within 14 days of receipt. |
| 4.5 | Quotations are conditional upon written acceptance to Us within 7 (seven) days of the quotation date. |
| 4.6 | Quoted prices apply to payment by cash-on-delivery (COD) or by previously agreed credit arrangements. We reserve the right to refuse to execute any order or discontinue any deliveries if the arrangement for payment or Your credit is not satisfactory to Us, or if Your account is overdue for payment. You may not withhold payments due as a lien. |
| 4.7 | Any contract resulting from acceptance of this quotation shall be subject to these Conditions of Sale and Delivery to the exclusion of any conditions which You seek to impose. No variation of these Conditions may be agreed except in writing over the signature of a manager of Axtell. |
5. Liability
| 5.1 | In performing any obligation under these Conditions, Our duty is only to exercise reasonable care and skill of a competent provider of such Products and Sites. |
| 5.2 | We shall not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of Your use of Our Sites and/or Products or in respect of any of Your actions or omissions taken in reliance on any of the advice or information contained in such Products or Sites or any site to which Our Sites are linked. |
| 5.3 | Nothing in these Conditions limits Our liability for death or personal injury resulting from Our negligence. |
| 5.4 | We are not liable for any failure to perform any of our obligations under these Conditions caused by matters beyond Our reasonable control. |
| 5.5 | Our liability in respect or defects in Our Ready Mix and/or Volumetric Concrete (including failure to comply with specifications) is limited to the cost of removal and replacement. We can only accept such liability where You can establish that: – No additional water or other material has been added to the product after it has been declared by Our agent or employee as ready for acceptance. The sample tested has been taken during discharge from Our vehicle in accordance with the relevant clauses of BS1881 and BS5328. All sampling, making, curing, and testing of specimens has been carried out in accordance with the relevant clauses of BS1881 and BS5328. Test results have been interpreted in accordance with BS5328 or any specification previously agreed by Us. It should be recognised that for well controlled continuous production there is always the slight probability of a result occurring below the compliance limit and that it is not normally possible to predict its occurrence. References to the compressive strength in the specification shall unless otherwise agreed refer to compressive strength concrete cubes, made, cured, and tested in accordance with BS1881 and BS5328 by a UKAS Approved Test House. You have notified Us of any result indicating a possible failure to meet the specification as soon as the results are available to You. We have been given the opportunity of investigating any alleged defect and of making any recommendation as to any remedial action to be taken. |
6. Indemnity
| 6.1 | You shall indemnify and hold Us harmless from all losses, liabilities, costs, and expenses in connection with any claim by any third party with respect to any alleged or actual infringement of copyright, trademark, Service mark or any other proprietary rights or any false or misleading statements or breach of advertising standards resulting from the use of Our Products by You. This clause shall survive termination of this agreement for any reason whatsoever. |
7. Privacy & Security of Personal Information
| 7.1 | We may use and hold Your personal information as described in Our Privacy Policy. |
8. Intellectual property rights
| 8.1 | All rights, including copyright, in the content of Our Products and/or Sites from time to time are owned or controlled for these purposes by Us. |
| 8.2 | All trademarks, names, and logos are the proprietary marks of Us or of Our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on You any licence or right under any trademarks, names, or logos. |
9. Assignment
| 9.1 | You are not allowed to transfer or attempt to transfer this agreement in whole or in part to any other Person. |
10. Matters beyond Our reasonable control
| 10.1 | If we are unable to provide Products for reasons beyond Our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, legislation of government or other competent authority or industrial disputes of any kind (whether involving Our employees). We will not be liable for this. |
11. Jurisdiction
| 11.1 | This agreement is governed by English Law, and both You and We submit to the non- exclusive jurisdiction of the English courts. |