STANDARD CONDITIONS OF SALE FOR RECYCLED CONCRETE PRODUCTS
1. The material supplied is detailed on the delivery docket, the seller is unable to accept responsibility in respect of any defect which may develop in any product supplied if:
(a) Such defect is due to faulty handling, or placing by the purchaser
(b) Such defect is due to faulty or defective job practice by the purchaser.
2. The material will be detailed on the face of the delivery docket and must be checked by the purchaser at the time of delivery for compliance with material ordered and the job specification. Use, spreading and /or compacting of the material will be deemed as acceptance of the material by the purchaser.
3. The seller will not recognise test results unless carried out in accordance with Australian Standard Specification, by a N.A.T.A. registered laboratory. Testing will not automatically be carried out, however, if so requested the seller will institute a test program at the purchaser’s expense. Charges for this service will be in accordance with the seller’s ruling rate at the time of delivery.
4. The seller reserves the right to charge for any material ordered of which the purchaser is unable to accept delivery if the amended order is not received by the seller prior to the dispatch of the material from the seller’s operation.
5.Delivery will only be made to the kerbside. If at the request of the purchaser the delivery vehicle enters the job area the purchaser is responsible for providing safe and adequate access for the delivery vehicle. The seller shall not be liable for, and is hereby indemnified by the purchaser for all damage and any injury to any person and to any public or private property which may result included any costs associated with enabling the delivery vehicle to leave the site.
6. The seller’s prices are based on minimal individual deliveries of twelve tonne. Additional charges will be for loads less than twelve tonnes at the seller’s ruling rate at that time.
7. Prices are quoted for delivery within normal working hours, ie. 7am to 4pm Monday to Friday and 7am to 2pm Saturday. Deliveries made outside these hours will be subject to a surcharge at the seller’s ruling rate at the time.
8. Price quoted are based on current costs for transport, labour and materials, and the seller may at its sole discretion adjust the price accordingly in the event to any of these costs prior to delivery.
9. Invoice charge will be based upon the quantity of material supplied as per delivery dockets. Any claim of alleged short delivery of material must be made in writing within seven days of delivery otherwise it will not be recognised by the seller and in the absence of any claim the purchaser shall be liable to pay for the full quantity of material stated on the delivery dockets.
10. Placement of an order either verbally or written based on a quotation implies acceptance of the seller's offer and these conditions.
11. Where a dispute arises between the seller and purchaser as to the performance by either purchaser or seller of any term, warranty or condition of any contract, the seller shall have the right to stop supply pending settlement of the dispute. The seller shall determine if there is a dispute and at what time the dispute is settled.
12. The payment for material will be cash before delivery unless the purchaser is an approved account with the seller. In such cases an approved account will mean payment is to be made strictly net at 30 days from the end of the month during which purchases were made. The seller reserves the right at all times to determine that an “approved account” is no longer so approved. Quotations remain open for acceptance for a maximum period of 60 days and are based on the indicated quantity of material required for the project. Provided always, that unless otherwise agreed between the parties in writing, delivery shall commence within a reasonable time after acceptance of the quotation and conditions, and shall entail a continuing supply of material.
13. The purchaser agrees the material is recycled and that it may contain foreign material and contaminants.
14. These conditions may be altered only by the seller’s management. Such alterations must be in writing and be signed by the duly authorised management person and no other employee of the seller, nor any lorry owner under contract to the seller, nor any person has any authority to alter any or all of these conditions.
15. A period of fifteen minutes per truck is allowed for unloading material. Time to be calculated from arrival at kerbside of job. Any detention in excess of this period will be charged at the seller’s ruling rate.