TERMS & CONDITIONS OF BUSINESS

INTERPRETATION

In these conditions ‘the Company’ means Road Solutions Ltd or any associated company or agent authorized by them, and ‘the Purchaser’ the person or persons firm or company purchasing from or doing business with the Company. ‘The Goods’ means all products supplied by the Company to the Purchaser whether by means of sale, hire, rental or otherwise and whether the property of the company or distributed by the Company as agents for another.

GENERAL

These Terms & Conditions of Business should be read in conjunction with any Special Conditions included in the Company’s quotations. These conditions shall have precedence over any conditions appearing in the Purchasers Order form and any other documents emanating from the Purchaser or his agent. Any such Purchaser Conditions shall have no affected whatever unless expressly accepted in writing by the Company. The Company reserves the right to accept or refuse any order given based on a quotation and in the event of the refusal of any order no damages or expenses of any kind shall be payable by the Company. In purchasing Goods from the Company on these terms and conditions the Purchaser is deemed to acknowledge that they do not rely upon the skill or judgment of the Company or of its employees or agents as to matters connected with the Goods. The Company shall not be liable for any inaccuracy or mis-description of the Goods or for any loss or damage either direct or consequential resulting therefrom or from any other cause whatever including any defect whatsoever in the Goods.

DELIVERY

Any statement by the Company of a time of delivery is an estimate only. The Company shall not in any circumstances whatsoever be liable for direct, indirect or consequential costs or loss due to late delivery. These include (but are not limited to) standing time for labour and plant, loss of profit loss of market, or the consequences of delay however caused. Where circumstances beyond the reasonable control of the Company cause delivery to be impossible or impracticable, the Company will accept no liability for loss or damage resulting. Claims for non-delivery, damages, shortages or any complaints about the Goods supplied shall only be considered by the Company if made within three days of delivery date.

RISK / OWNERSHIP / PAYMENT

Risk in the Goods shall pass to the Purchaser on delivery notwithstanding that ownership shall not pass until payment is made in full. Legal and beneficial title in the Goods shall remain with the Company until payment in full has been received by the Company for all the Goods and in respect of all debts of whatsoever nature owed by the Purchaser to the Company. Until such time the Purchaser shall have such possession of Goods solely in a fiduciary capacity as bailee for the Company. For the purpose of recovery of the Goods the company may enter upon any premises where the Goods are situated or are reasonably thought to be situated and may repossess the same. The Purchaser shall make payment of all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set-off. If payment is delayed beyond the agreed terms the Company reserves the right to charge interest and compensation on the outstanding balance in accordance with the Late Payment of Commercial Debts Regulations 2002.

INDEMNITY

The Company shall not be responsible for any consequential loss of any description incurred by the Purchaser as a result of any failure or fault in the Goods or for any damages or personal injuries or other losses, howsoever caused directly or indirectly by the Goods.

The Purchaser shall indemnify the Company against all claims, demands, damages, penalties, costs, and expenses to which the Company may become liable as a result of Goods supplied in accordance with the Purchaser order which involves the infringement or alleged infringement of any letters patent trademarks, registered designs, industrial models or copyrights. The Company accepts no responsibility where specifications or particulars, supplied by the Purchaser, are inaccurate and the Customer shall indemnify the Company against any loss suffered by the Company by reason of such inaccuracy. In the event that the quoted and/or ordered goods are unavailable, for any reason whatsoever, the Company reserves the right to substitute the quoted and/or ordered goods with a similar alternative. In the event that the quoted and/or ordered goods are unavailable, for any reason whatsoever, the Company reserves the right to substitute the quoted and/or ordered goods with a similar alternative.

CONTRACTING

All goods must be stored, handled and installed in accordance with the COSHH Certificate, Method Statement. Adequate traffic management should be provided by the Purchaser to provide uninterrupted access for the Company operatives and plant.

The Company cannot give warranty to completed sections of the goods once complete in respect of, changing weather conditions, site traffic or public traffic disturbance or interference. The Purchaser is responsible for the management and direction of site traffic in such a way as to minimize the movement of vehicles over the goods at all times. It is the responsibility of the Purchaser to ensure the goods are still remaining correctly installed prior to construction. Any damaged goods must be brought to the Company’s attention. The damaged goods will be removed and replaced taking care to completely cover the damaged area prior to paving. Failure to notify the Company of damaged goods and/or proceeding with construction, absolves the Company of any liability for the work.

Elements of the installation process are weather sensitive. The Company are not liable for any delays or costs associated with unsuitable weather conditions. As part of the installation, use of specialist plant and equipment is required, the Company cannot accept any responsibility for any delay arising from the breakdown or poor performance of such plant and equipment and any cost associated there from. If site conditions change during installation so as they are not as stated in the method statement and the installation is abandoned, the Company reserves the right to invoice the Purchaser for the abandoned site visit. The Company must be informed prior to the installation day by the Purchaser if the installation will not take place. Failure to do so will result in the recovery of the Company costs for each abandoned site visit at the abandoned visit rate, as quoted. If for any reason the contract is abandoned, delayed or re-scheduled, the Company will recover costs from the purchaser at the abandoned visit rate, as quoted.

The Company rates exclude the following:

Traffic management and/or control thereof.
Surface preparation.
Protection of the work.
Testing and/or sampling of materials.

The Company require the free use of toilet, welfare and messing facilities where these are provided on site. Unless stated on the quotation, normal working hours are 07.30 to 15.30, Monday to Friday. The standard work shift is 8 hours onsite. Any time outside this will be treated and charged as overtime at the following rates:

Supervisor £28.50 per hour, Operative £21.00 per hour, Bitumen Tanker & Operator £64.00 per hour, JCB 3CX & Operator £39.75 per hour. The installed area will be measured on completion. If the area is less than the purchase order or as quoted, the Company reserves the right to revise the rate in accordance with the measured area.