1. Definitions and application
- "We", "us" and "the Supplier" means Surex Concrete, part of the Surex group, of Upper Leewood Farm Yard, Effingham Common Road, Effingham, Surrey KT24 5JQ.
- "You" and "the Customer" means the person or business whose order we accept.
- "Goods" means the concrete, screed, mortar or other materials we supply, and where booked, the concrete pumping services we provide.
- "Specification" means the mix described in our quotation or on the delivery ticket, batched in accordance with BS EN 206 and BS 8500 unless we have agreed something different in writing.
- "Business day" means any day other than a Sunday or a public holiday in England.
- These conditions apply to every quotation, order and delivery, to the exclusion of any terms you put forward in a purchase order or which might otherwise be implied by trade or previous dealings. Nothing here affects the statutory rights of a consumer.
2. Quotations and orders
- A quotation is not an offer and is valid for 14 business days from issue unless we say otherwise.
- Your order is an offer to buy on these conditions. A contract is formed when we acknowledge the order or, if sooner, when we deliver.
- You are responsible for making sure the volume, grade, slump and any specification you give us are complete and correct.
- Any advice we give on grade, mix or suitability is offered in good faith and free of charge. It is for you, your engineer or your contractor to satisfy yourselves that the Goods suit your application. Such advice does not form part of the contract.
- The quality, description and specification of the Goods are those set out in our quotation or, failing that, on the delivery ticket. The quantity is that recorded on the ticket.
3. Volume and measurement
- Concrete supplied on a volumetric mixer is batched on site and charged on the volume actually discharged, measured by the vehicle's calibrated meter and recorded on the delivery ticket.
- The volume calculator on this website gives an estimate only and is not a quotation.
- Where you take delivery of materially less than the volume booked, the balance may be charged at a higher unit rate or as a part load under clause 5.
4. Delivery, access and site conditions
- Any date, time or delivery window we give is an estimate. Time of delivery is not of the essence and we are not liable for loss arising from late arrival.
- You must specify the date and time of delivery and have the site ready to receive the Goods at that time.
- You must provide safe, legal and unobstructed access to the point of discharge, off the public highway, with adequate room for an 8-wheel rigid vehicle to manoeuvre, and obtain any permit, parking suspension or road closure needed. If access is unsuitable we may refuse to deliver and charge you for the costs we incur.
- Where you direct our vehicle onto private ground, paving, drainage or unmade surfaces, you do so at your own risk and you indemnify us against any resulting damage. You also indemnify us against injury or damage caused by the acts or omissions of you, your employees, contractors or agents while our vehicle is on or approaching your site.
- Someone authorised by you must be present to direct the pour and to sign the delivery ticket, confirming the volume and specification supplied, the arrival and completion times including any waiting, and any addition of water or other material made after our driver has declared the Goods ready.
- An unsigned ticket is not grounds for withholding or disputing payment.
- If you are in breach of this clause 4, or we cannot deliver on time because of your default, the Goods are treated as delivered, risk passes to you, and we may dispose of them at your cost.
5. Price and additional charges
- The price is that stated in our quotation or, where none was given, our rate at the date of delivery. All prices exclude VAT, which is added at the prevailing rate.
- We may vary quoted prices on notice, including by email, to reflect increases in the cost of materials, labour, fuel, transport, levies, taxes or compliance, or to reflect changes you ask for in date, quantity, grade or specification.
- Part-load charge. Orders below 3m³ are subject to a part-load charge, quoted at the time of order. For orders of 3m³ or more there is no part-load charge.
- Out-of-hours charge. Deliveries requested outside our normal working hours may carry an additional charge.
- Waiting time. A waiting-time charge may apply where the vehicle cannot discharge within a reasonable period of arrival. The rate is confirmed at the time of order.
- Additional volume. Volume added on the day beyond the materials carried may be treated as a further order, with any additional cost of serving it passed on.
- Other extras. Fibres, admixtures, hot water, surplus removal and similar requests are chargeable and are confirmed when ordered.
6. Changes and cancellation
- Because we batch on site, you may adjust volume, grade or slump up to the point of batching without penalty. That flexibility is the point of volumetric supply.
- Cancelling or moving a booking at short notice may incur a cancellation charge, and pump hire cancelled at short notice may be charged in full. The applicable notice period and charge are confirmed at the time of order.
- Once batching has begun, or where you prevent discharge within a reasonable time of batching, the Goods are chargeable in full together with the cost of their return and safe disposal.
- We may reschedule where weather, breakdown, traffic or other conditions outside our control make delivery unsafe or impracticable. We will tell you as early as we can and will not charge for a delivery we cancel.
7. Payment
- Unless you hold an approved credit account, payment is due on or before delivery.
- Account customers must pay in cleared funds within the period agreed in writing. Time of payment is of the essence.
- Credit facilities are granted at our discretion and may be reduced, suspended or withdrawn. We may decline or suspend supply where a credit limit would be exceeded or where you are in breach of these conditions.
- Overdue sums carry interest and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, together with our reasonable costs of recovery.
- You may not withhold or set off any payment on account of a dispute.
8. Risk, title and placing
- Risk in the Goods passes to you on discharge. Title passes on payment in full.
- Once the Goods leave our equipment, placing, compaction, levelling, finishing, jointing, curing and protection from weather are your responsibility.
- We accept no liability for surface finish, for cracking, or for strength affected by water or other material added to the Goods on site after our driver has declared them ready.
9. Quality and claims
- We warrant that the Goods will conform in all material respects with the Specification. Minor deviations that remain compliant with the applicable standard are not a breach.
- Raise any concern about volume or quality with the driver on site, and confirm it to us in writing as soon as possible. A discrepancy between the volume delivered and the volume on the ticket must be notified within one business day of delivery; any other apparent defect within 24 hours; and a defect not reasonably apparent at delivery within two business days of when it should have been discovered.
- You must give us a reasonable opportunity to inspect and test the Goods in situ before further work is carried out over them, follow any remedial steps we reasonably recommend, and provide evidence that the Goods did not meet the Specification.
- Sampling and testing must follow the relevant British or European Standard. Compliance is assessed at the point of supply.
- Where Goods are proved defective, our obligation is, at our option, to replace them or to refund the price paid for them.
- We are not liable where the defect arises from your specification or mix design, from additions or alterations made on site, from placing, curing or workmanship, from unsuitable application or abnormal conditions, or where you continue to build over the Goods after notifying us.
- Except as set out above, and to the fullest extent the law allows, no warranty is given that the Goods are fit for any particular purpose, even where that purpose was made known to us.
10. Concrete pump hire
- Pump hire is quoted for an agreed period on site and an agreed maximum pipeline length. Time or pipeline beyond that is chargeable.
- Waiting time on the pump is charged separately from any waiting time on the concrete vehicle.
- You must provide firm, level standing clear of overhead cables and underground services, with room for outriggers to be set out on spreader plates.
- You must provide a suitable washout point on site for the pipeline at the end of the pour, away from drains and watercourses.
- Concrete deliveries run to our daily schedule and will not be held back pending a pump's arrival. Delays on site may result in standing time being charged for vehicles and plant, together with the cost of concrete already batched or in transit.
11. Liability
Nothing in these conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979, for defective products under the Consumer Protection Act 1987, or for any other liability that cannot lawfully be limited.
Subject to that, we are not liable in contract, tort, breach of statutory duty or otherwise for loss of profit, loss of contract, delay or disruption to your programme, the cost of labour or plant standing idle, or any indirect or consequential loss. Our total liability in connection with any order is limited to the price paid for the Goods to which the claim relates. You are responsible for insuring against losses above that figure, and you must take reasonable steps to mitigate any loss.
12. Suspension and termination
We may suspend supply, withhold delivery or terminate the contract on written notice if you fail to pay any sum when due, commit a material breach that you do not remedy within a reasonable period after being asked to, cease or threaten to cease trading, or become subject to any insolvency event, including an inability to pay debts as they fall due, an arrangement with creditors, a winding-up petition or resolution, or the appointment of an administrator or receiver. Termination does not affect rights or liabilities that have already accrued, and all outstanding invoices and interest fall due immediately.
13. Events outside our control
Neither party is liable for a failure or delay in performing its obligations caused by an event beyond its reasonable control, including adverse weather, flooding, fire, industrial action, civil unrest, epidemic, failure of transport networks, breakdown of plant or machinery, shortage of materials, or the default of a supplier or subcontractor.
14. General
- You may not assign or transfer the benefit of the contract. We may subcontract or assign our rights and obligations.
- No variation or waiver is effective unless confirmed in writing by us. A delay in enforcing a right is not a waiver of it.
- If any provision is held unenforceable, the remainder continues in force.
- A person who is not a party to the contract has no right to enforce it.
- Notices should be sent in writing to the address above.
- The contract is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
15. Health and safety
Fresh concrete, screed and mortar are alkaline and can cause serious burns and eye damage. Personal protective equipment, including gloves, eye protection and waterproof boots, must be worn by anyone handling the Goods. Wash any skin contact off immediately with clean water and seek medical advice for eye contact or persistent irritation. Our mixes may contain hydration-controlling and other admixtures; safety data is available on request.
Questions about these conditions: call 0800 669 6500 or write to us at the address above.
