TERMS AND CONDITIONS OF SALES OF DIRECT MINI MIX LIMITED
Please note we can use up to 10% of recycled material within our products, this is to fall in line with the Governments bid to help the planet become more greener and Eco friendly. All calls to our office are recorded for safety and monitoring purposes.
Please Note: All calls are recorded
TIME OF DELIVERY
The time of dispatch stated in this quotation is an estimate and shall date from the receipt by us of definitive 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 do so; or for any loss or delay occasioned by strikes, lockouts, fire, accident, delay in transit after leaving works, or other contingency beyond our control.
CANCELLATION OR REARRANGEMENT OF GOODS
Cancellation or rearrangement 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. With every cancellation or rearrangement, we need at least 24-48 hours’ notice.
If you need to change the day of the booking or cancel your booking for any reason, we do require 24-48 hours’ notice, or a fee will be charged. You may receive a different cancellation/ rearrangement notice period due to the date you have booked in, but this will be discussed verbally on the phone at the time you make your booking.
Any cancellations or rearrangement of goods requested on the day of delivery will incur a full fee of the value of the order.
ADVERTISEMENTS
All descriptions and illustrations contained on our website, pricelists, and other advertising matter are intend merely to present a general idea of the equipment described therein and shall not form part of the contract.
QUOTATIONS
Unless previously withdrawn, quotations remain valid for acceptance for one week only. This applies if no period is stated until one week of the date therefore and are subject to written confirmation on receipt of order.
TERMS OF PAYMENT
Strictly C.O.D, unless stated otherwise overleaf. Credit or debit card only, or cash plus vat on arrival. this must be handed to the driver in full before your pour is to take place or this may subsequently delay your delivery. The property in goods shall not pass to the buyer until full payment has been made for the whole consignment of which the goods formed part and if any of the goods in a consignment are re-sold or otherwise disposed of by the buyer before payment has been made in full for that consignment the company shall have the right to trace those goods and to repossess the goods or recover the proceeds of sale as the case may be.
For any contract verbally agreed or signed with Direct Mini Mix Limited, the signee is personally liable for all invoices outstanding.
Card payment will be taken for security purposes and all jobs including pump hire, will be charged in or around the day of delivery.
Direct Mini Mix reserves the right to refuse to execute any order if the arrangements for payment or the Customer’s credit are not satisfactory to it, and to suspend or discontinue the Company’s service to any Customer whose account is overdue for payment. Notice of any such suspension or discontinuance shall be verbally given by the Company to the Customer as soon as reasonably possible.
PROPERTY LAW
The contract shall be in every respect governed by and interpreted in accordance with English law.
DELIVERY OFF PUBLIC HIGHWAY
If, in order to effect his delivery on behalf of Direct Mini Mix Limited, the driver is required to leave the public highway and drive onto private property, this will be done at the sole responsibility of the undersigned, whom will become fully responsible for any consequential damage that may occur to the said property or any part thereof in the event of the vehicle becoming stuck or bogged down Direct Mini Mix Limited will also look to the undersigned for reimbursement of all vehicle recovery costs, repair or damage caused to our vehicle and loss of earnings whilst out of use.
It is the responsibility of the customer to ensure ample room for the delivery of goods, vehicles will not access sites/addresses as to which they will sustain damage to the delivery vehicle. A cancellation fee will apply to the customer where access cannot be gained safely and you do not take any other alternative of moving the goods from the vehicle. If you do not sign the delivery/ invoice this will not affect your rights and you will still have to pay the fee, you have disclosed to the office via communication that there are no access issues.
Water quantity is also included in the disclaimer and is not guaranteed if the customer uses more than the design mix.
IMPORTANT
Concrete can cause burns. Please wash your skin thoroughly with soap and water after use. Make sure you protect yourself against this as Direct Mini Mix Limited cannot accept responsibility for any burns both during and after use.
EXTRA WATER ADDED ON SITE OR TO ANY CONCRETE MIX CAN AND WILL AFFECT THE STRENGTH OF THE CONCRETE, WHICH YOU AGREE TO THE TERMS OF UPON THE SEPARATE BOX FOR EXTRA WATER ADDED AT CUSTOMER REQUEST ON THIS INVOICE. AND CONCRETE WILL HAVE NO WARRANTY OR BE REPLACED AT ANY TIME
Remember… if you ask the driver to add 10 more litres of water to a cubic metre of properly designed concrete:
– You increase the slump by about 20mm
– You reduce the compressive strength by as much as 3 N/mm2
– You waste the effect of 15 kg of cement per cubic metre.
– You increase the shrinkage potential about 10 percent
– You increase the possibility of seepage through the concrete by up to 50 per cent
– You decrease the freeze thaw resistance by up to 20 per cent
– You decrease the resistance to attack by de-icing salt
That’s why we ask you to sign for more water! If you would like your concrete at a higher slump please contact the sales team who will be happy to arrange a more suitable concrete for you.
CONCRETE PUMPING
1. DEFINITIONS AND INTERPRETATION
1.1. These Supplementary Conditions are applicable to the hire of concrete pumps and associated Plant only (“Pump”) and shall be referred to as the “Supplementary Conditions”.
1.2. Unless the context suggests otherwise words and terms in the Supplementary Conditions shall have the same meaning as in the CPA Model Conditions.
1.3. If any conflict shall appear between any provisions of the Supplementary Conditions and the provisions of the CPA Model Conditions then the former shall prevail.
2. CONCRETE SUPPLY
The Hirer is solely responsible for the concrete specification and the provision of a suitable and sufficient supply of concrete of a consistency, which is readily pumpable at a suitable rate. The Hirer shall be responsible for informing the Owner of the nature and extent of any additives that may be incorporated into the concrete. The Owner accepts no responsibility for delays in output arising from the Hirer’s failure in this respect. The Hirer is also solely responsible for ensuring that the concrete supplied is of a quality and strength suitable and sufficient for the Hirer’s purposes.
3. MANAGEMENT OF THE CONCRETE PUMPING OPERATION
The Hirer will be fully responsible for the management of the entire pumping operation in accordance with the terms of the Contract. The Hirer shall provide at its own expense, and shall ensure that a competent supervisor is in attendance at the beginning, throughout and at the end of the pumping operation to assist the operator.
4. SAFETY
A safe system of work will be established by the Hirer and this must be followed for each concrete pumping operation under the Construction Plant-hire Association’s Best Practice Guide for the Safe Use of Concrete Pumps and in accordance with British Standard 8476:2007, whether it is for an individual pour or a series of pours.
5. FACILITIES
The Hirer shall provide the following facilities without charge to the Owner for such times as is reasonably required during the Hire Period:
5.1. Cement for grouting the pipelines at the rate of 50kg per 20 metres between the Pump and the point of discharge.
5.2. An adequate piped water supply at the Pump position.
5.3. Temporary light at the Pump position and along the pipeline when required.
5.4. Facilities for washing out the Pump and adequate assistance in cleaning any spillage.
5.5. The Hirer shall ensure that sufficient competent labour is made available to assist the Operator prior to pumping, during pumping and on completion of pumping; and if necessary when the pump leaves the site of operations.
5.6. Any additional labour required in respect of pipeline erection or dismantling.
5.7. Suitable supports for pipelines and anchorage points for vertical pipelines.
5.8. All access scaffold and ladders necessary for the safe and proper execution and progress of the work. The Owner has not included the cost of providing, erecting or moving any necessary scaffold.
5.9. The Hirer for Health and Safety reasons will provide a banksman who will assist the driver when the mixer lorry enters, traverses, or leaves the site.
6. GROUND AND SITE CONDITIONS
The Hirer shall provide and shall clearly indicate to the Owner’s operator the suitable points where the Pump is to be set up. Without prejudice to clause 7 of the CPA Model Conditions the Hirer shall be entirely responsible for the ground upon which the Pump is to traverse and be set up. The Hirer shall be fully liable to the Owner for any damage to the Pump caused by ground conditions and shall indemnify the Owner and hold the Owner harmless against any liability, expense, loss or damage caused by ground conditions.
6.1 The aggregates are dredged from the harbour and a certain of percentage of recycled goods can be in the concrete.
6.2 The Hirer will disclose on the time of the boking that our vehicles will not be going over any soft ground.
6.3 Direct Mini Mix Limited will deliver any product whether this be concrete, screed or aggregates no matter the weather conditions, this will be entirely at the hirer’s risk. We provide no guarantees when delivering in freezing conditions and expect the hirer to provide their own aftercare of the product. Please note during certain weather conditions this may delay your delivery time, but we will always do our best to get to you within the estimated time provided upon booking.
7. CONDITIONS AND WARRANTIES
All implied conditions. warranties and guarantees implied by statute common law or otherwise are hereby excluded, and, save as expressly stated herein or on the face of the Company’s Offer the Company gives no warranty or guarantee, and does not promise or undertake any obligation as a Condition, warranty or other term of the contract or otherwise, as to the fitness for purpose. suitability, performance, quality or merchantability of the goods or any of them. Save in so far as otherwise
expressly stated herein or on the face of the Company’s Offer, the Company shall not be liable for any loss. damage. injury or delay whatsoever. However, the same may arise or be caused. whether by the negligence of the Company, its servants or agents or otherwise, and whether in the performance of the contract or otherwise, in no circumstances shall the Buyer be entitled to recover damages, whether direct, indirect. consequential or otherwise, from the Company. Direct Mini Mix is not registered with BSR and therefore is not able to guarantee our concrete.
8. PUMP CAPACITY
In the event that the Contract specifies a particular type of Pump, the Owner reserves the right to supply a suitable alternative Pump to that specified. Acceptance of the Pump on site shall be acceptance of the variation of the Contract in respect of the lied and the Owner shall have no liability to the Hirer in respect of that variation.
9. BLOCKAGES
Any concrete blockage or chock either within the Pump machine or pipeline will not be construed as a breakdown under clause 9 of the CPA Model Conditions and/or the Contract.
9.1 If the Hirer Sends the concrete pump away for blockage to be removed and the concrete vehicle remains. All waiting time accrued will be chargeable. Please note this will be disused on the phone
10. PREPARATION / COMPLETION OF PUMPING
10.1. The Hirer shall allow the pump to arrive on site up to sixty minutes before it is ready to commence pumping and to allow up to sixty minutes after it has ceased the pumping operation to de-rig, wash out and prepare for travel. These periods of time will be charged at the working rate as agreed.
10.2. Concrete shall not be delivered to site until such time as the Pump operator deems that he is ready to commence pumping operations.
10.3. If the Pump is delayed in leaving the site, which is outside the Owner’s control, this period will be charged at normal working rate to the Hirer.
11. HEALTH & SAFETY
The Customer shall be responsible for compliance with the Building (Safety Health and Welfare) Regulations and with all other Governmental, Local Authority and other regulations for the time being in force relation to the works being carried out by him.
The Company shall be responsible for compliance with the Advisory Code for Safety in Concrete Pumping issued by the British Concreting Pumping Association as from time to time in force.
12. COMPLAINTS
Shortages must be notified to the driver immediately on site and by telephone to the office within 30 minutes of delivery, whereon, a complaint reference number will be given. Unless the procedure is followed the company cannot accept responsibility for shortages.
13. DAMAGE
The Customer shall make good to the Company all loss of or damage to the Pump from whatever cause the same may arise, fair wear and tear excepted, and shall fully and completely indemnify the Company in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the use of the Pump in respect of all costs and charges in connection therewith whether arising under statute or Common Law save that in accordance with the Unfair Contract Terms Act 1977 the Company shall remain liable for claims for death or personal injury resulting from the negligence of the Company. Disclaimers signed on site cover all damage and injury to a person or property caused by or in connection with or arising out of the use of any Direct Mini Mix Limited vehicles. The disclaimer covers mechanical/operational failure. Once a disclaimer has been signed Direct Mini Mix Limited cannot be held liable for costs of damage to property or person via mechanical/operational failures. The Company accepts no liability nor responsibility for any consequential loss or damage due to or arising through any cause beyond its control.
14. TESTING
Please be aware that we will need notice before the concrete is poured if you require cube testing. We will provide a fully qualified technician to carry out the procedure, but we will not take responsibility for any cube test taken by any third party.
15. BREAKDOWN
Any concrete blockage or chock within the Pump Machine or pipeline will not be construed as a breakdown under the hire agreement. Full allowance will be made to the Customer for any stoppage due to breakdown of the Pump caused by the Pump being defective, for any stoppage due to a breakdown of the Pump caused by fair wear and tear and for any stoppage for the normal running repairs in accordance with the terms of the contract.
Subject to the provision of the Clause above, the Company will be responsible for the cost of repairs to the Pump involved in breakdowns and will bear the cost of providing spare parts.
Each Pump specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more Pumps (whether the property of the Company or otherwise) through any cause whatsoever, shall not entitle the Customer to compensation or allowance for the loss of working time by any other Pump or Pumps working in conjunction therewith.
16. INSURANCE
The Hirer shall take out and maintain insurance against any and all liabilities the Hirer might incur under the Contract. The Owner reserves the right at any reasonable time to require confirmation that the Hirer is complying with their insurance obligations.
17. CAUTIONARY NOTICE
We would wish to draw your attention to the potential dangers that are present when pumping concrete. We would therefore, strongly recommend that the attention of your staff and suppliers be drawn to the following list of hazards that could exist.
a) Concrete can only be pumped under pressure. Always act as if each part of the Pump and its pipeline is under pressure unless our Operator confirms that it is not.
b) Firm level ground must be made available to enable the Pump to be sited safely.
c) No one (other than the employees of this Company) is allowed to operate the Pump or get into the cab.
d) Do not allow the Pump to be operated in any public place until members of the public have been excluded from the area of the Pump, its pipeline and its boom.
e) Do not work, under the boom or any of the pipelines or pass under them without wearing a safety helmet.
f) Do not allow the flexible discharge hose at the end of the pipeline to become kinked at any time. The amount of flexible discharge hose, which can be freely suspended from the boom of the concrete pump, is limited by the manufacture. Our Operators have strict instructions not to exceed this limit.
g) Do not attempt to couple or uncouple sections of the pipeline unless our Operator confirms that it is safe to do so.
h) There may be a slight blowback of concrete from the charging hopper in certain circumstances; you must, therefore, ensure that anyone close to it exercises caution.
I) Drivers of vehicles near the Pump, particularly concrete supply vehicles, must exercise great care when manoeuvring, as the Pump Operator is working in the area.
j) Please ensure that you warn everybody handling concrete that, to avoid harm to sensitive skins, they should minimise contact with wet cement and concrete (e.g. wear suitable protective clothing) and, where contact occurs, should wash thoroughly.
k) Please ensure that your Site Representative liaises fully with our Pump Operator and remains on site for the duration of our visit including the time for cleaning out the unit at the termination of concreting.
18. DELIVERY AUTHORISATION
The Hirer shall provide a competent person to sign any delivery docket presented in respect of the delivery of any concrete and/or materials pertinent to the pumping operation.
19. CONTINUING HIRE
The Hirer’s order is accepted on the basis that the Hirer will book his requirements on a daily basis in accordance with such arrangements as may from time to time be agreed between the Owner and the Hirer. One clear Working Day’s minimum notice of cancellation is required, and the Owner reserves the right to charge the Hirer for any loss incurred due to insufficient notice being given.
20. ASSESSMENT
Unless otherwise agreed the quantities of concrete pumped by the Pump shall be assessed (except to the extent that the Owner shall show that any such assessment is not reasonably accurate) by the reference (in the case of ready mixed concrete) to its supplier’s delivery dockets and (in the case of site mixed concrete) to the quantity of concreting materials used by the Hirer and to the mix-proportions on which the Hirer has based his production of concrete. Where assessment is made by reference to mix-proportions the Hirer shall afford the Owner all such facilities as the Owner may reasonably require for the verification of quantities of material used and of the accuracy of the mix-proportion figures.
21. WORKING DAY
The Hirer shall be charged for the full Working Day, including lunch and rest breaks taken by the Driver or Operator or any person supplied by the Owner.
RESPONSIBILITIES OF OWNER
22. SAFETY
The Owner shall be responsible for compliance with the Construction Plant-hire Association’s Best Practice Guide for the Safe Use of Concrete Pumps and where appropriate British Standard 8476:2007.
23. COMPETENCE
If the Owner provides an operator with the concrete pump, Clause 8 of the CPA Model Conditions will apply and the operator will be deemed to have the appropriate qualifications, training, and experience to operate the Plant.
24. DELIVERY
Delivery of the Concrete shall be made by the Company conveying the Concrete to the place specified or, if no place of delivery is specified, to the address that the Customer gave the Company during the booking. The buyer must provide safe, adequate access to the point of discharge of the Concrete, ensuring the Companies employees/agents are safe during the delivery. Failure to comply shall entitle the company to refuse to make the delivery and to charge the buyer for any costs and or losses incurred.
The delivery date given by the Company is approximate only, and time for delivery shall not be of the essence. In respect of each delivery, the Customer shall ensure that an authorised person is present to sign the delivery ticket for the Concrete. The signature will confirm that the Customer authorises any additions to the Concrete of water or of any other materials considered suitable at the time of delivery; and the time of the vehicle’s arrival on site, the time that the Concrete discharge commences, the time of the completion of the Concrete discharge and the time that the vehicle leaves the site.
If the Customer fails or is unable to take delivery of the Concrete or any part of it on the delivery date, the Customer will be liable to the Company for all costs and expenses arising from the aborted delivery.
Any dates specified by the Hirer and/or the Owner for delivery of the Pump are estimates only and time for delivery shall not be made of the essence by notice. If no dates for delivery are so specified, delivery shall be within a reasonable time.
25. The Owner reserves the right to set off against any sums due to the Hirer from the Owner any sums which may be due from the Hirer to the Owner.
26. The Owner reserves the right to charge interest on any outstanding monies outside of the agreed payment terms (Bank of England base rate + 4%). No claims will be admitted (other than those allowed for as herein provided), for stoppages of a quality and strength suitable and sufficient for his purposes. through causes outside the Company’s control, including bad weather or ground conditions .
27. Once concrete pump has been ordered it will be charged at full rate even if the job cannot be done .
28. Minimum charges apply to all booking; this will be discussed at the time of making your booking and is a standing verbal agreement. Direct Mini mix reserve the right to take payment anywhere from 48-24 hours before delivery.
Direct Mini Mix Special Conditions
1. The Customer will be responsible for the cost of any tyre damage or punctures that occur on the site of operations.
2. The Customer shall ensure that sufficient competent labour is made available to assist the operator to prepare the pump for leaving the site of operations at the completion of pumping.
3. The Customer will be responsible for all the costs involved in recovering and subsequent damage caused should the pump be unable to leave the site due to ground conditions or any other reasons outside the control of the company or operator.
4. The Customer will be responsible for the replacement cost of any ancillary equipment (pipes, clips etc.) damaged or lost during the period of hire of the pump and equipment.
5. The Company reserves the right to fulfil the Customers order with whatever pump it feels is suitable for the hire.
8. All times quoted by the Company for the arrival of the Pump at the Customer’s premises or on site are approximate and, in this respect, time shall not be of the essence and no claim of any nature will be accepted in respect thereof.
Price
The price of the Concrete is the Company’s quoted price exclusive of VAT and, unless otherwise stated out in the Contract, includes carriage and delivery. The price is based on the Customer’s estimate of the quantity of Concrete it requires, and an additional cost will be levied where further Concrete is needed in order to fulfil the Customer’s actual requirements. This applies to waiting time on site, but extra can only be provided where the Company can provide it, if it has not been booked in advance there is no guarantee that the additional waiting time can be supplied.
The Company reserves the right to make any increase in the cost to the Company which is due to any factor beyond its control and any change in delivery dates, quantities or specifications for the Concrete which are requested by the Customer
