Fraser Polhill Limited T/A Terms of Business

GENERAL†††††††††††† Any order received is understood to be in acceptance of the following terms and conditions. In the event of your official order forms containing special printed conditions, it is understood that such conditions are only binding in so far as they are not at variance with the terms and conditions contained herein. No variation to these terms and conditions of sale is permitted unless such variation has been authorised in writing by a director of Reference herein to goods shall include all goods and services sold to you.

DRAWINGS AND SPECIFICATION††††††††††††† All drawings and specifications, dimensions and weights provided by us are approximate unless otherwise stated. Therefore, we accept no liability for damage or injury arising from any error or omission in the data provided.

PERFORMANCE††††††††††††††† Any performance details given by us are based upon our experience and are such as we expect to obtain on test.

We accept no liability for any failure to achieve stated performance figures unless the performance data has been confirmed in writing by the proprietor of You assume responsibility for the capacity and performance of the goods being sufficient and suitable for your purpose.

DESPATCH††††††††† Any times quoted for despatch are from the receipt by us of an order to proceed. Elapsed times of despatch are submitted without liability for delay however occasioned, but every effort will be made to achieve them.

DAMAGE/LOSS IN TRANSIT/NON DELIVERY/LATE DELIVERY††† It is your responsibility to inspect the goods promptly on arrival. Any claims for damage, non-delivery, loss in transit or late delivery must be made within 4 days of receipt.

When signing for your consignment, it is your responsibility to check that the number of parcels being delivered corresponds with the number of parcels stated on the consignment note. If not, the note should be amended accordingly before signature.

If the consignment is being delivered later than specified, it is your responsibility to write the time of receipt on the consignment note.

If there is any apparent damage to the parcel, it is your responsibility to annotate the consignment note accordingly.

GUARANTEE†††††† Should any defects develop under proper use of the goods supplied within a period of 12 months after delivery (6 months in the case of manufactured plant and components) as a consequence of design, materials or workmanship then we will make good by repair or replacement any such defect providing the defective goods are returned to us promptly.

All goods must be adequately packaged. Under no circumstances should goods to be returned without prior arrangement.

We shall not be liable in anyway for consequential damage or loss or injury resulting from:

i defects in goods supplied

ii differences in performance to specification

iii Failure on the part of our employees and sub-contractors

COMPLAINTS††† You are specifically required to examine the goods within 4 days of the Advice Note date and any complaint regarding faulty goods must be made in writing prior to the expiry of 7 days from the Advice Note date and should be accompanied by samples to illustrate the fault. We shall have the option of replacing or crediting the value of goods in respect of which we accept a complaint and thereby terminate our liability. We cannot be held responsible for charges incurred by you in attempting to rectify or modify goods without our written agreement.

Any pricing or carriage queries must be reported within 4 days of the date of invoice. No credits will be raised outside of this time period.

RETURNS AND HANDLING CHARGES†††††† Requests by you to return standard stock items to us will be accepted subject to a handling charge if all of the following criteria are met:

i the goods are unused and are items normally stocked by CONCRETE-EQUIPMENT.CO.UK and not specifically ordered forthe customer.

ii the goods are in good order

iii the goods were supplied within 28 days of the date of return

iv carriage is organised by us

v the return includes a completed goods return note

Handing charges will be levied as follows:

i goods invoiced within 14 days of the date of return will be subject to either a 15% handling charge or £20 whichever is the greater

ii goods invoiced between 15 and 28 days of the date of return will be subject to either a 25% handling charge or £20, whichever is the greater

All goods must be adequately packed and clearly labelled:


For the avoidance of doubt, returned goods will only be accepted if the above requirements are met. CONCRETE-EQUIPMENT.CO.UK cannot accept responsibility for returns forwarded by customers using their own carriers. Under no circumstances should goods to be returned be given to a local CONCRETE-EQUIPMENT.CO.UK representative.

CONCRETE-EQUIPMENT.CO.UK is unable to accept any return of goods sourced on a customerís behalf which are non stock items. Such orders for specially ordered non stock goods are non-cancellable and non returnable and as such are accepted entirely at the customerís own risk.

LEGAL CONSTRUCTION††††††††††††††††††††††††††††††† The contract shall in all respects be construed and operated as an English contract and in conformity with English Law.

PRICES All price lists, quotations and estimates are subject to alteration without notice, and goods will be invoiced at prices ruling on date of despatch. Carriage and packing will be charged in accordance with the delivery costs incurred. Prices and charges are listed exclusive of Value Added Tax, which will be added in line with prevailing legislation.

SPECIAL CONTRACT PRICES††††† When special contract prices are agreed, we reserve the right to add 5% per month to the invoice price of any batch which is held on your instructions, or if payment is not made within the agreed period shown on the quotation.

GOODS SUPPLIED††††††††††† All goods supplied by us to you remain the property of CONCRETE-EQUIPMENT.CO.UK until the goods have been paid in full.

DEFAULT†††††††††††† In the case of default, you agree to allow us or our agent to enter your premises where the goods are kept and remove same. You will be responsible to us for all costs incurred in reclaiming the goods.

PAYMENT TERMS†††††††††††† Payment terms are strictly 30 days Nett (7 days Nett in the case of plant). If any sum is not paid on the due date for payment, all sums then outstanding from you will immediately become due and payable notwithstanding that such sums would not otherwise be due until a later date.