Conditions Of Sale

Irrespective Of The Date Of Order All Products Supplied Are Chargeable At The Prices Ruling On The Day Of Delivery

1) TIME OF DELIVERY

The Time Of Dispatch Started In This Quotation Is An Estimate And Shall Date From Receipt By Us Of Definite Instructions To Proceed With The Necessary Information. We Undertake To Adhere As Closely As Possible To The Period Started, 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 Out Works, Or Other Contingency Beyond Our Control.

2) CANCELLATION

Cancellation 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 Of Damage Resulting To Us Be Reason Of Such Cancellation Will Be Reimbursed By The Customer To Us Forthwith.

3) ADVERTISEMENTS

All Descriptions And Illustrations Contained In Out Catalogues, Price Lists And Other Advertising Matter Are Intended Merely To Present A General Idea Of The Equipment Described There In And Shall Not For Part Of The Contract.

4) QUOTATIONS

Unless Previously Withdrawn, Quotations Remain Valid For Acceptance With The Period Stated Therein Or If No Period Is Stated Until Four Weeks Of The Date Thereof And Are Subject To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 Cheque With Bankers Card, 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 A 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 Tract 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. WHAL Reserves The Right To Remove All Goods Not Paid For In Full From The Site. Any Damage Caused In Doing So Remain The Liability Of The Customer.

6) 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 N 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 Merchant Ability 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 Negligence Of The Company, Its Servants Or Agents Or Otherwise, And Whether In The Performance Of The Contract Or Otherwise. In No Circumstance 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 Effect This Delivery On Behalf Of WHAL, The Driver Is Required To Leave The Public Highway And Drive Onto Private Property, This Will Be Done At The Sole Reason Ability 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 WHAL Will Also Look At The Over Signed For Reimbursement Of All Vehicles Recovery 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 Tot The Driver Immediately On Site And By Telephone To The Office Within 30 Minutes Of Delivery, Where On A Complaint Reference Number Will Be Given. Unless The Procedure Is Followed The Company Cannot Accept Reason Ability For Shortages.

11) DECLARATION OF CONFORMITY

This Concrete Complies With BS8500-2 Where Specified And/Or The Specifications Received. The Driver Must Be Informed When A Test Is To Be Carried Out In Order That Compliance Procedures May Be Checked. Unless The Procedure Is Followed The Company Cannot Accept Responsibility For Any Defective Concrete.