Terms and Conditions

Terms & Conditions of Trading with Fosterville Limited 

Unless otherwise stated terms apply to both Business Customers and Consumers. Consumers have certain statutory rights unaffected by these terms.

1. PRICE

1.1 All prices, quotes and estimates are exclusive of VAT (unless stated otherwise). VAT will be charged at the rate applicable at the time of supply.

1.2  All quotations are valid for 30 days (unless stated otherwise in writing).

1.3 Prior to supply we reserve the right to adjust the price to reflect any change in our costs of supplying or producing the goods. This includes changes to rates of tax and duties between quotation and supply.

2. ORDERS

2.1  All orders placed with us will be on these terms:

2.2 By placing an order, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

3. SUPPLY

3.1 Supply is the point of delivery. This may be at our premises (at the time of loading your vehicle) or at your premises if we have arranged delivery.

3.2  All supply times quoted are estimated.

3.3  If we fail to supply within a reasonable time you may cancel the order.

3.4  You may not cancel an order within 24 hours of the despatch date.

3.5 Where goods have been produced or sourced specifically for an order which is subsequently cancelled or aborted we reserve the right to charge for any goods/stock (finished or unfinished) we may then hold (or to which we are committed).

3.6 If you cancel an order you will have no further claim against us with respect to the order/contract. Acceptance of goods before or after the estimated time of supply removes any right to claim against us for delay, indirect or consequential loss and increase of the price of the goods.

3.7 We may supply a quantity within 3% (unless sold by unit) of the amount ordered and charge for the actual quantity supplied and:

3.7.1 Small bags (SML) may be assumed to have a mass of 25kg for manual handling purposes only.

3.7.2 Bulk bags have a minimum mass of approximately 820kg and may be assumed to have a mass of less than 1000kg for manual handling purposes.

3.8 We allow 30 minutes for off-loading goods on site. Unloading/waiting time in excess of this will be charged at the current waiting time charge. Where the delivery vehicle is still on site after an hour we reserve the right to charge for demurrage.

3.9 You are responsible for ensuring that any premises and its access are suitable for the type of delivery ordered.

3.9.1 We may abort or decline a delivery if we believe that carrying out the delivery may be unsafe, unlawful, unreasonably difficult or not suited to the type of delivery vehicle.

3.9.2 We reserve the right to charge for any aborted delivery, including but not limited to transport costs and restocking fees.

3.9.3 We reserve the right to charge or seek compensation for damage or injury resulting from deliveries to unsuitable premises and accept no liability for damage caused to buildings, property etc due to unsuitable access or site conditions.

4. RISK

4.1  The goods are at your risk from the time of supply.

4.2 You must inspect the goods and sign the conveyance ticket prior to leaving our premises or accepting delivery.

4.3 Leaving our premises or allowing the goods to be off loaded on site will be taken as acceptance and verification that the correct type and quantity of goods have been supplied.

4.4  We reserve the right to charge for removing, re-handling, and/or restocking any goods after acceptance.

4.5  You must ensure that any goods ordered will be fit for the purpose for which you intend to use them.

4.6 We reserve the right to make without notice any modifications to our goods as we think necessary or desirable.

5. PAYMENT 

5.1  Account payments are due 30 days after the end of the month in which the goods were supplied.

5.2  Any invoice queries should be raised on receipt of invoice.

5.3  If you fail to pay the full amount on the due date: 5.3.1 We may suspend or cancel your account.

5.3.2 You must pay us interest at the rate set under Late Payment of Commercial Debts Act 1998 calculated on a daily basis from the date of our invoice until payment is received (compounded on the 1^st day of each month)

5.4 You may not set off any money you may claim from us against anything you may owe us without our written agreement.

5.5 Until you pay all debts you may owe us:

5.5.1  All goods supplied by us remain our property.

5.5.2 Despite owning title of the goods we have the right to take legal action to recover the price of goods, payment interest and costs of debt recovery.

6. DEFECTIVE GOODS 

6.1 If goods are thought to be defective, you must inform us with full details as soon as possible. Allow us to inspect the goods and take samples as necessary. We will at our discretion either replace the defective goods or refund the purchase price. 

6.2 We are not liable for any other loss or damage (indirect, consequential, financial, loss of profits or loss of use) arising from the supply of goods (defective or otherwise) or their use.

7. WARRANTEES

7.1 We warrant that the goods comply with their description and are free from material defect at the time of delivery. We give no other warranty as to the quality of the goods or their fitness for any purpose. This warranty is in addition to your statutory rights.

8. FORCE MAGEURE 

8.1 Because of circumstances beyond our control we may cancel or suspend any of our obligations to you without liability. Eg; act of god, accident, explosion, transport delays and difficulty in obtaining supplies.

If you are more than one person each of you is liable for all your obligations under these terms (joint and several liability) if any of these terms are unenforceable it will not affect the enforceability of any other term. If it would be enforceable if amended, it will be treated as so amended.

HEALTH AND SAFETY (COSHH)

RECAST CONCRETE PRODUCTS AND AGGREGATES

PRODUCTS - All Precast Concrete and Aggregate products produced and/or sold by Fosterville Ltd. COMPOSITION - Aggregate (natural, recycled, modified, man-made), Cement, Admixture, Water.

RISK ASSESSMENT - All potential hazards created by the use or presence of the products need to be identified. Precautions must be taken to avoid or reduce any significant potential risk of injury associated with a hazard. Risk should be removed or if unavoidable reduced to an acceptable level. Risk reduction can be obtained through various means including the wearing of suitable PPE (Personal Protective equipment) often identified by the establishment of Safe Systems of Work.

COMMON HAZARDS - Products are dense therefore prevailing manual handling regulations may apply. Bulk storage. Product is dense therefore a suitable stable storage platform is required. Hazard potential may be increased by damage to or removal of bulk packaging. Cutting, modifying and generally using the products can produce dust¹. (potential long term health hazard) or fragmentation². (risk of eye injury). 

CHEMICAL COMPOSITION - Concrete compositions react during curing. Once cured/in a hardened useable condition, concrete products along with aggregates are considered to be inert. 

PERSONAL PROTECTIVE EQUIPMENT - Requirements vary depending on site hazards. Typical construction site PPE should be employed/considered. (E.g. safety helmet, safety footwear with protective toe caps, suitable gloves). The need for dust masks¹, ear defenders and suitable eye protection² may also be identified. Inhalation of any dust from all products should be avoided. It is also recommended that high visibility clothing is worn in the vicinity of bulk handling equipment such as delivery vehicles or forklifts.

DISPOSAL - Unwanted product including waste from concrete cutting is considered inert. Disposal should take place in accordance with local authority requirements. 

REGULATION - Reference should be made to current regulations or guidance at the time of use. Depending on circumstances this may include: 

HSE Manual Handling Operations Regulations

Health & Safety at Work Act 1974

Construction (Design and Management) Regulations 

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 Fosterville Limited - Company Reg. No. 3786239 - Registered Office: 6 Oaklands Court Tiverton Way, Tiverton Business Park, Tiverton, Devon, England, EX16 6TG - VAT Reg. No. 744 5366 19.