Terms & Conditions of Use
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.365concrete.com website operated by 365 Concrete.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by 365 Concrete, and we have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
365 Concrete shall not be liable where performance of any of our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, lock outs, strikes, trade disputes, acts or restraints of Government, imposition or restrictions of imports or exports or any other cause not within the reasonable control of 365 Concrete.
If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.
All of the above terms and conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction over any disputes between us.
The contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
Each party acknowledges that, in entering into the contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract), as expressly provided in the contract.
Nothing in this condition shall limit or exclude any liability for fraud.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Conditions of Sale
Irrespective of the date of Order all products supplied are chargeable at the prices on the day of delivery.
1) TIME OF DELIVERY: The time for dispatch stated in this quotation is an estimate and shall date from receipt by as of definite 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 our works, or other contingency beyond our control.
2) CANCELLATION: Cancellation will only be 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 as by reason of such cancellation will be reimbursed by the customer to us forthwith.
3) ADVERTISEMENTS: All descriptions and illustrations contained in our catalogues, price lists and other advertising matter are intended merely to present a general idea of the equipment described therein and shall not form part of the contract.
4) QUOTATIONS: Unless previously withdrawn, quotations remain valid for acceptance within the period stated therein or if no period is stated until four weeks of the date thereof and are subject to written confirmation on receipt of order.
5) TERMS OF PAYMENT: Strictly C.O.D. unless stated otherwise overleaf, Visa or Cash. 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 the consignment are resold or otherwise disposed of by the Buyer before payment has been made in full for what consignment the Company shall have the right to trace those goods and/or the proceeds of such sale or disposal and to repossess the goods or recover the proceeds of sale as the case may be. 365 Concrete Ltd reserves the right to remove all goods not paid for in full from the sale. Any damage caused in doing so remain the liability of the customer.
6) CONDITIONS AND WARRANTIES: All implied conditions, warranties and guarantees implied by the statute common law or otherwise are hereby excluded, and, save as expressly stated herein or on the face of the Company’s offer gives no warranty or guarantee, and does not promise or undertake any obligation as a Condition, warranty of other item 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 a otherwise expressly stated herein or on 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 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
7) PROPER LAW: The Contract shall be in every respect governed by and interpreted in accordance with English law in England and Scottish law in Scotland.
8) DELIVERY OFF PUBLIC HIGHWAY: If, in order to affect his delivery on behalf of 365 Concrete Ltd, The Driver is required to leave the Public Highway and drive onto private property, this will be done at the sole responsibility of the over signed, who 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 365 Concrete Ltd will also look to the over signed for reimbursement of all vehicles recover costs, repair of damage caused to our vehicle and loss of earnings whilst out of use.
9) WATER: Addition of extra water will reduce the strength and durability of the concrete mix.
10) 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.
11) TESTING: Testing of concrete should be made in accordance with BS 5328. The Driver must be informed when a test is to be earned out in order that compliance procedures may be checked. Unless the procedure is followed the company cannot accept responsibility for any defective concrete.
Health & Safety for Ordinary Portland Cement
1) DESCRIPTION OF SUBSTANCE: A grey powder when mixed with water becomes a binder for building construction works.
2) SUPPLIER/MANUFACTURER: Breedon Cement – Tarmac Cement.
3) HAZARDS: When cement is mixed with water such as when making concrete/mortars, or when the cement becomes damp, a strong alkaline solution is produced, this is due to lime and alkalis within the cement. If the damp/wet cement comes in to contact with the skin or eyes it may cause serious burns or ulcerations. Eyes are very vulnerable and damage to the eyes will increase with contact time. High alkaline solutions in contact with the skin tend to damage nerve endings first before damaging the skin, therefore, chemical burns develop without pain being felt at the time.
4) FIRST AID EYES: Wash eyes immediately with plenty of clean water for at least 20 minutes and seek urgent medical advice without delay. To avoid permanent damage to eyes a quick response is essential.
SKIN: Wash the skin area that came into contact with the concrete/mortar with a mild soap and water before continuing work. If pain or irritation persists, seek medical advice. Wet concrete/mortar on clothing should be removed and washed before using again.
IF SWALLOWED: Wash mouth out with plenty of water. DO NOT induce vomiting. Make sure the patient drinks plenty of water. If in doubt – seek medical advice.
INHALATION: If you breathe cement dust move to an area of fresh air. If nose or throat airways become inflamed seek medical advice.
EYES: Eye protection should be worn at all times when working with cement/concrete/mortar and dust proof goggles around cement dust. If cement dust/concrete/mortar gets into eyes see Section 4 First Aid Eyes.
SKIN PROTECTION: Protective clothing should be worn at all times when working with cement/concrete/mortar. The protective clothing should ensure wet/damp concrete does not come into contact with skin. When laying concrete waterproof trousers, gloves, jacket and wellington boots may be necessary. Wet/damp concrete should not come into contact with unprotected skin; therefore care should be taken when kneeling. If cement gets into boots or other clothing – this should be removed, the clothing washed thoroughly before using again.
MASK: A face fitted mask should be worn in accordance with HSE 53 HSE 282/28.
6) FIRE: Cements are not flammable and will not facilitate combustion with other materials.
- Avoid contact with eyes and skin, wash immediately with clean water.
- Wear eye and skin protective clothing.
- Avoiding breathing in dust.
- Keep out of reach of children.
We accept no liability for any damage caused if customer(s) ask for our vehicles to be taken off the public highway. The customer shall provide and clearly indicate to our driver a SAFE route FROM THE PUBLIC HIGHWAY to the point of discharge and the customer shall indemnify us, our servants and agents for any damage or injury resulting from any failure to do so, An unsigned ticket is not a valid reason for non-payment of Invoice.
If you have any questions about these Terms, please contact us.