United Mix Concrete Terms and Conditions

1. Website

1.1 Terms of Use

These terms and conditions relate to the use of the United Mix Concrete website. Please read them carefully. By using this website, you agree to be bound by these terms. We reserve the right to amend these terms at any time. You should review them regularly, as continued use of the website after any changes are posted will be treated as acceptance of those changes.

1.2 Disclaimer

We take reasonable care to ensure that information published on this website is accurate and up to date at the time it is posted. However, we do not guarantee the accuracy, completeness or suitability of any information on the website. You should verify any information before relying on it and obtain independent advice where appropriate.

1.3

The information on this website may contain technical inaccuracies or typographical errors. We make reasonable efforts to ensure that information is accurate at the time of publication, but content may become out of date over time. We are not liable for any error or omission in, or failure to update, such information. Any decision made based on information on this website is made entirely at your own risk. We reserve the right to make changes to this website at any time without notice.

1.4

This website is provided on an “as is” basis without any warranty, express or implied, regarding its operation, the accuracy of its content, or the products or services referred to on it. To the fullest extent permitted by law, [United Mix Concrete Limited], trading as United Mix Concrete, excludes all liability arising from your use of, or reliance on, the content of this website.

1.5 Cookies and Google Analytics

By using the United Mix Concrete website, you consent to the use of cookies in accordance with our cookie practices. Cookies help us improve your browsing experience and the functionality of our website. You can disable cookies in your browser settings, although some website functions may be affected.

We use cookies to monitor website traffic and user behaviour in a way that does not directly identify individuals. The purpose of these cookies is to improve website performance, personalise user experience where appropriate, and support marketing and analytics activity.

Third-party tools we may use include:

Google Analytics
Google Analytics helps us understand how visitors use our website, including page views, traffic sources and time spent on pages. The data we receive is aggregated and does not identify individual users. This helps us improve our content and user experience. We may also use Google Analytics remarketing features to display adverts to previous site visitors on third-party websites.

Google Analytics Advertiser Features
We may use Google Analytics Advertiser Features to better understand our audience through anonymised data. This may include:

• Google Display Network Impression Reporting
• DoubleClick Platform integrations
• Google Analytics Demographics and Interest Reporting
• Remarketing with Google Analytics

This information is collected through Google advertising cookies and anonymous identifiers alongside standard Google Analytics data.

Google Ads
We may use Google Ads tracking to understand which pages or campaigns lead users to contact us or place orders, helping us improve our paid advertising performance.

DoubleClick
We may use DoubleClick cookies and remarketing codes to record website activity and deliver relevant advertising through Google’s advertising network.

Website Optimisation Tools
We may use cookies to remember search preferences or improve website results and usability. Any information collected for these purposes is anonymised.

Call Tracking
We may use call tracking technology to display dynamic phone numbers and better understand how users found our website. If you contact us by phone, calls may be recorded for training and quality purposes.

Visitor Tracking
We may monitor user behaviour on the website to help us understand how the site is being used and how it can be improved.

You can find out more about how Google uses data in advertising and analytics through Google’s own privacy and cookie documentation.

1.6 Privacy and Personal Data

If you contact us via this website, any personal data you provide may be used to respond to your enquiry and provide information relevant to our products and services. Your personal data may also be stored and processed in accordance with our Privacy Policy.

1.7 Links to External Websites

This website may contain links to third-party websites. Those websites operate under their own privacy policies and terms, and we accept no responsibility or liability for their content, practices or policies. A link from this website does not imply endorsement. If you choose to visit any third-party website, you do so entirely at your own risk.

1.8 Applicable Law

These terms are governed by the laws of England and Wales. Any dispute arising in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales.

1.9 Copyright and Intellectual Property

All content on this website, including text, graphics, logos, images, designs, layouts, scripts, software and other materials, is owned by or licensed to [United Mix Concrete Limited] unless otherwise stated. All rights are reserved.

1.10

You may access and use this website for your own personal and non-commercial use only. You may not copy, reproduce, modify, store, distribute, transmit or use any part of this website or its content for commercial purposes without our prior written consent.

1.11

United Mix Concrete is a trading name of [United Mix Concrete Limited].

2. Quotations, Orders and Specifications

2.1 Quotations

Any quotation, whether written or verbal, is given on the basis that no contract shall come into existence until the Company accepts the order, either by issuing an order acknowledgement or by delivering the Goods, whichever occurs first. Quotations remain valid for 30 days from the date of issue unless withdrawn earlier. The Company reserves the right to vary any quoted price by giving not less than seven days’ written notice, and the revised price shall apply to deliveries made after the date stated in that notice.

2.2 Orders

Each order placed by the Buyer shall be deemed to be an offer to purchase Goods subject to these conditions. No accepted order may be cancelled or postponed except with the Company’s written agreement. The Buyer shall indemnify the Company against all losses, including loss of profit, labour costs, material costs, tipping charges where applicable, damages, charges and expenses incurred as a result of cancellation or postponement.

2.3 Price Variations

Quoted prices are based on the costs of labour, materials and overheads applicable on the date of quotation and are exclusive of VAT unless expressly stated otherwise.

2.4 Payment

Quoted prices apply where payment is made by credit card, debit card, bank transfer, or under previously agreed credit arrangements. The Company reserves the right to refuse to fulfil any order or to suspend further deliveries if the payment arrangements set out in section 5 are not met.

2.5 Conditions

Any contract arising from acceptance of a quotation shall be subject to these conditions to the exclusion of any other terms the Buyer seeks to impose. No variation to these conditions shall be binding unless agreed in writing and signed by a director of [United Mix Concrete Limited].

2.6

The Company reserves the right to apply additional charges where:
i) the Buyer requires supply outside the Company’s normal working hours;
ii) delivery is required in part loads rather than full loads;
iii) the delivery vehicle cannot discharge within 30 minutes of arrival on site; or
iv) the quantity ordered differs materially from the quantity specified in the quotation.

2.7

The Buyer is responsible for ensuring the accuracy of the terms of any order and of any applicable specification.

2.8

The quantity, quality, description and specification of the Goods shall be those set out in the quotation or, where there is no quotation, in the delivery documentation.

2.9

Any sampling and testing shall be carried out in accordance with the relevant British Standard or applicable specification. The Company supplies the Goods as supplier only and not as user or installer.

3. Deliveries, Access and Waiting Time

3.1

Delivery shall take place either by discharge into the Buyer’s vehicle at the Company’s premises or by discharge from the Company’s vehicle at the Buyer’s site, or as otherwise agreed in writing.

3.2

The Buyer must provide safe and suitable access to the point of discharge, including sufficient manoeuvring space for the delivery vehicle. If safe access is not available, the Company may refuse to deliver and charge the Buyer for any resulting costs.

3.3

Except where caused by the negligence of the Company or its drivers, the Buyer shall indemnify the Company and its drivers against any damage, loss, cost or injury arising during the presence of the delivery vehicle on the Buyer’s site or on access routes to it.

3.4

On delivery, the Buyer must:
i) inspect the Goods;
ii) permit the delivery vehicle to unload promptly on arrival; and
iii) sign any delivery note, delay record, standing time record, daywork sheet or similar documentation produced by the Company or its driver.

3.5

If the Buyer fails to comply with clause 3.4, or if the Company is unable to deliver on time because of the Buyer’s default, then:
i) risk in the Goods shall pass to the Buyer immediately; and
ii) the Goods shall be deemed to have been delivered.

3.6

Any delivery time, date or period given by the Company is an estimate only. Time for delivery shall not be of the essence. The Company shall not be liable for any loss or damage arising from delay in delivery.

3.7 Access

All orders are accepted on the basis that the site can be approached by a suitable hard road. The driver may refuse delivery if, in their opinion, there is a risk of damage to the vehicle, the site, surrounding property or persons. Vehicles will not leave hard standing except at the Buyer’s risk. The Buyer shall be liable for any damage to Company vehicles or for any recovery costs if a vehicle becomes stuck on site.

3.8

The Buyer must provide appropriate facilities for the driver to wash down chutes and equipment after discharge and before entering the highway.

3.9 Waiting Time

Prices are quoted on the basis that discharge will take place without unreasonable delay. Waiting time will be charged at £1.50 plus VAT per minute after the first 30 minutes on site, unless otherwise agreed in writing.

3.10 Water

Any addition of water requested by the Buyer may affect strength, durability or workability. If extra water is added at the Buyer’s request, this must be noted on the delivery ticket or invoice and shall be entirely at the Buyer’s risk. The Buyer acknowledges that adding water may result in non-conformance with the specification.

3.11 Delays

The Company reserves the right to suspend or delay deliveries without liability in the event of war, civil unrest, breakdown, accident, adverse weather, transport disruption or any other cause beyond its reasonable control.

3.12

Where concrete is supplied, it must be discharged within two hours of batching unless otherwise agreed by the Company in writing. If discharge is prevented or delayed by the Buyer, the Buyer shall be responsible for the full cost of the concrete, delivery, return and disposal.

3.13 Extreme Temperatures

The Buyer acknowledges that, during extreme ambient temperatures, the Company cannot guarantee that the temperature of the concrete will remain within EN 206 or BS 8500 parameters. Signature of the delivery ticket shall be deemed acceptance of this risk.

3.14 Customer Acknowledgement

The Buyer’s signature on the delivery documentation shall be deemed acknowledgement and acceptance of these terms and conditions.

3.15 Cancellation

Cancelled orders may be charged at £30 per m³ ordered, subject to a minimum charge of £180, unless otherwise agreed in writing. No cancellation charge will apply where cancellation is received before 3pm on the working day prior to delivery, unless Goods have been specially processed to meet the Buyer’s requirements. In that case, the Buyer shall reimburse the Company for all costs incurred. Any Goods already delivered must be paid for in full. The Company reserves the right to impose a reasonable charge for any other cancellation to cover losses incurred.

3.16 Risk and Title

Risk in the Goods shall pass to the Buyer on delivery in accordance with these conditions.

3.17

Ownership of the Goods shall not pass to the Buyer until the Company has received payment in full, in cleared funds, for the Goods and all other sums due from the Buyer to the Company on any account. Until ownership passes, the Company may enter the Buyer’s site or premises to recover the Goods where legally entitled to do so.

4. Quality and Defects

4.1 Quality

The Company shall not be liable for any defect in the Goods or any resulting loss unless the Buyer:
i) notifies the Company in writing of the alleged defect within 14 days of delivery;
ii) allows the Company reasonable opportunity to inspect and investigate the issue, including review of any electronic batch records; and
iii) follows any reasonable recommendations made by the Company regarding remedial action.

4.2

The Company accepts no responsibility for the workability, strength or quality of concrete if the Buyer adds anything to it, or authorises any alteration to the mix, such that the concrete differs from the specification ordered or falls outside permitted tolerances.

4.3 Defects

The Company’s liability for defective Goods shall be limited to the cost of removal and replacement only, and only where the Buyer can establish that:
a) no additional water or other material was added after the Goods were declared ready for acceptance;
b) the concrete was handled, placed, finished and protected correctly and professionally; and
c) the Company was given the opportunity to investigate the alleged defect and recommend remedial action.

4.4 Consequential Loss

The Company shall not be liable for any indirect or consequential loss, including loss of profit, loss of business, loss of goodwill or similar losses, except where such exclusion is not permitted by law.

4.5 Warranty and Liability

No warranty or representation is given that the Goods are fit for any particular purpose unless expressly agreed in writing. All warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law, except those which cannot lawfully be excluded.

4.6

If the Goods are proven to be defective and the Buyer has complied with clause 4.1, the Company shall, at its option, replace the Goods or refund the price paid for them. The Company may also reimburse the Buyer for reasonable and directly incurred costs of removal and replacement where legally liable to do so. Nothing in these conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability which cannot legally be excluded or limited.

4.7

The Company shall not be liable for any failure in performance, transmission or data exchange arising from incompatibility between the Company’s systems and those of the Buyer.

5. Payment for Goods

Non-account Customers

5.1

Payment must be made on or before the day prior to delivery by credit card, debit card, bank transfer or another payment method agreed in advance.

5.2

Card details may be taken in advance and entered into a secure payment portal. The Company reserves the right to carry out pre-authorisation checks to verify the validity of the card before taking payment.

5.3 Additional Payments

The same card or payment method may be used to charge for any additional Goods, waiting time or other charges connected with the same order.

5.4 Authorisation

By providing payment details, the Buyer agrees to these payment terms and authorises the Company to take payment in accordance with them.

Account Customers

5.5

Applications for credit accounts must be made using the Company’s standard account application process. Approval is subject to satisfactory references, credit checks and internal approval.

5.6 Credit Limits

On opening an account, the Company will set a credit limit based on its assessment of risk. This may be lower than any amount requested by the Buyer. The Company may review or vary credit limits at any time.

5.7

If an order would cause the Buyer to exceed its agreed credit limit, the Company may refuse or delay delivery until sufficient payment has been made to bring the account within limit.

5.8 Payments on Account

Unless otherwise agreed, payments received on account will be allocated against the oldest outstanding invoices first.

5.9

The Company may refuse to fulfil any order where the Buyer’s account is overdue or where a credit review indicates that the Buyer’s creditworthiness is no longer satisfactory.

5.10 Payment Terms

Unless otherwise agreed in writing, account invoices are payable within 30 days from the end of the month in which the invoice is issued. The Company reserves the right to charge interest and compensation on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and related regulations.

5.11 Invoice Queries

Any query regarding an invoice must be raised within 14 days of the invoice date. After that period, the invoice shall be deemed accepted and payable in full in accordance with the agreed payment terms.

5.12

If an invoice is genuinely disputed, only the disputed amount of that invoice may be withheld pending resolution. All other invoices remain payable in accordance with the agreed terms. The Buyer may not withhold payment on other invoices by way of set-off or lien unless required by law.

6. General and Miscellaneous

6.1 Force Majeure

The Company may suspend or delay manufacture, supply or delivery of the Goods where it is prevented or hindered by events beyond its reasonable control, including plant breakdown, transport disruption, shortage of materials, labour disputes, weather events, acts of God, governmental action or other unforeseen circumstances. The Company shall not be liable for any resulting failure or delay in performance.

6.2 Notices

Any notice required or permitted to be given under these conditions shall be in writing and sent to the other party’s registered office, principal place of business, or such other address as that party may notify in writing.

6.3 Third Party Rights

A person who is not a party to a contract governed by these terms shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that contract.

6.4 Severance

If any provision of these terms is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed severed to the minimum extent necessary, and the remainder of the terms shall remain in full force and effect.