Terms and Conditions of Sale
These Terms and Conditions (“Terms”) apply to all orders for the supply and delivery of ready-mixed concrete and related products (“Goods”) by Base Concrete(“we”, “us”, “Company”) to the person or business placing the order (“you”, “Customer”). By placing an order or accepting delivery, you agree to these Terms. No other terms apply unless we agree to them in writing.
1. Orders and Specifications
You are responsible for ensuring that the mix, strength grade, slump/consistence class, quantity and any other specification you order is correct and suitable for your project. We will supply the Goods in accordance with the details confirmed on the order and delivery ticket. Delivery times given are estimates only. We are not liable for delays caused by weather, traffic, plant issues, or other events outside our reasonable control.
2. Delivery and Acceptance
Delivery is complete when the Goods have been discharged from our vehicle at the delivery address (or collected by you). Risk in the Goods passes to you at that point.
By signing the delivery ticket (or by allowing discharge to commence if no signature is obtained), you acknowledge and confirm that:
- the mix, strength grade and slump/consistence shown on the ticket match your order and were acceptable at the time of delivery;
- the durability class (or equivalent designation) was as ordered and appeared satisfactory on inspection; and
- you accept the Goods as delivered.
Any concerns about quantity, mix, slump or visible quality must be raised with the driver before discharge is completed and before the ticket is signed. Once the ticket is signed (or discharge has taken place), the Goods are deemed accepted.
3. Customer Responsibility After Delivery
Once our delivery vehicle has left site, we have no further responsibility for the Goods. You (and any builders or contractors acting for you) are solely responsible for:
- placement, compaction, finishing, curing and protection of the concrete;
- any addition of water, admixtures or other materials after delivery;
- site conditions, formwork, shuttering, base preparation and any subsequent work.
We accept no liability for defects, reduced strength, cracking, segregation, surface issues or any other problems arising from how the concrete is handled, placed or treated after our vehicle has left site.
4. Waiting Time and Site Readiness
A reasonable unloading time is allowed (typically 10–15 minutes per cubic metre, up to a maximum of 60 minutes unless otherwise agreed). Additional time is charged at £[amount] per minute.
You must ensure the site is ready, accessible and free of obstructions so the vehicle can deliver in the normal way. Waiting time will be charged from the agreed arrival window if the site is not ready.
5. Cancellation
Orders cancelled with less than 24 hours’ notice may incur a cancellation charge (typically £[amount] + VAT for a single load, or a percentage of the order value for larger orders). Once the Goods have been delivered and become part of the works, no cancellation or return is possible.
6. Price and Payment
Prices are as quoted and confirmed. Unless you have an approved credit account, payment is due on completion of delivery (cash or card). Title to the Goods remains with us until paid in full. Late payment may incur interest and recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
7. Quality and Warranty
We warrant that, on delivery and subject to these Terms, the Goods will:
- conform in all material respects to the description on the order/delivery ticket;
- be of satisfactory quality; and
- be free from material defects in materials and workmanship at the point of discharge.
This warranty does not cover issues caused by water added after batching, poor placement or compaction, inadequate curing, frost, rain on the surface, or any other action or omission after our vehicle has left site.
8. Limitation of Liability
Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot legally be limited.
Subject to that, our total liability for any claim relating to the Goods is limited to the price paid for the relevant load. We are not liable for loss of profit, business interruption, consequential loss, or any defect arising after the vehicle has left site or resulting from your (or your contractors’) handling, placement or treatment of the concrete.
9. Additional Water and Site Additions
Adding water (or any other material) to the concrete after it has left the plant will reduce strength and durability. If you request additional water, this will be noted on the delivery ticket. By requesting it, you accept full responsibility for any resulting effect on the concrete’s performance. We accept no liability for strength, durability or any other defect where additional water has been added.
10. Complaints and Testing
Any shortage or quality complaint must be notified to the driver on site and confirmed to our office by telephone within 30 minutes of delivery. Testing of concrete must be carried out in accordance with the relevant British Standards (including BS 8500 / BS EN 206). Samples must be taken directly from the mixer with the driver present. Failure to follow these procedures may mean we cannot accept liability.
11. Health and Safety
Wet concrete can cause skin burns and irritation. You must ensure appropriate protective clothing is worn and that any contact is washed off immediately. We accept no liability for injuries arising from contact with the concrete except where we cannot legally exclude it.
12. Consumer Rights
If you are a consumer, nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015. Goods must be as described, fit for purpose and of satisfactory quality. You may have rights to repair, replacement or refund in certain circumstances, subject to the limitations above regarding post-delivery handling.
13. General
These Terms form the entire agreement relating to the supply of the Goods. We may update them from time to time; the version on our website at the time of your order will apply. English law applies and the English courts have jurisdiction.
