Terms & Conditions

The customer’s attention is drawn in particular to the provisions of clause 8.

1. Interpretation

1.1 Definitions:

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 11.4.
Contract: the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from the Supplier.
Delivery Location: has the meaning given in clause 4.2.
Force Majeure Event: an event, circumstance or cause beyond a party’s reasonable control.
Goods: the goods (or any part of them) set out in the Order.
Order: the Customer’s order for the Goods, as set out in the Customer’s purchase order form.
Specification: any specification for the Goods that is agreed in writing by the Customer and the Supplier.
Supplier: Brice Aggregates Limited (registered in England and Wales with company number 08443424) including its wholly owned subsidiary Pomona Quarries Limited (registered in England and Wales with company number 15516834).

1.2 Interpretation:

(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its successors and permitted assigns.
(c) A reference to a statute or statutory provision is a reference to it as amended or re-enacted.
(d) Any words following the terms including, include, in particular shall be construed as illustrative and shall not limit the sense of the words.
(e) A reference to writing or written includes fax and email.

2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose.
2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions.
2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance.
2.4 Advertising and catalogues are for approximate ideas only and have no contractual force.
2.5 A quotation is only valid for 10 Business Days.

3.1 The Goods are described in the Specification.
3.2 The Supplier reserves the right to amend the Specification for statutory or regulatory requirements.

4.1 Supplier shall ensure each delivery is accompanied by a delivery note.
4.2 Delivery is completed on unloading at the delivery location.
4.3 Delivery dates are approximate; time is not of the essence.
4.4 Waiting Time Charges: Vehicles will be held on site for not more than:
- (a) 20 minutes for sand and aggregates.
- (b) 30 minutes for concrete.
- Any excess time will be charged at £1 per minute.
4.5 Customer is responsible for damage to roads/property off public highways and must indemnify the Supplier.
4.6 Supplier has discretion to determine if a delivery location is safe.
4.7 Returned Loads: Returned concrete carries a charge of £100 per cubic metre.
4.8 Collection must be made within 3 Business Days of notification from Colemans Quarry.

6.1 Risk passes to the Customer on completion of delivery.
6.2 Title passes only after payment in full is received.
6.3 Until title passes, Customer must store Goods separately and keep them insured.
6.5 If Customer faces insolvency, the right to resell Goods ceases immediately.

7.1 Price is as set out in the Order or current published price list.
7.2 Supplier may increase prices due to factors beyond control (taxes, materials, etc.).
7.4 Payment is due within 30 days of the invoice date.
7.5 Late Payment: Interest will accrue at 4% above the Bank of England base rate.

8.2 Nothing limits liability for death or personal injury caused by negligence.
8.3 Total liability shall not exceed the value of the Order.
8.4 Excluded losses: profit, sales, business, goodwill, and indirect/consequential loss.

9.1 Supplier may terminate or suspend provision if Customer commits a material breach or faces financial deterioration/insolvency.

Neither party is liable for delays caused by events beyond reasonable control. If delay exceeds 6 weeks, the unaffected party may terminate.

11.1 Assignment: Supplier can assign rights; Customer needs written consent.
11.2 Entire Agreement: This document supersedes all previous agreements.
11.3 Variation: Must be in writing and signed by both parties.
11.5 Severance: If any part is invalid, the rest remains in force.
11.6 Notices: Must be in writing (hand-delivered or post). Email is not valid for formal notices.
11.8 Governing Law: Law of England and Wales.
11.9 Jurisdiction: Exclusive jurisdiction of the courts of England and Wales.