Terms & Conditions

Terms and Conditions of Sale

1. The following terms and conditions of sale apply to all contracts for the supply of goods and service entered into by us, Lovie Quarry & Concrete Products LLP: with any customer on or after 1st May 2005.
2. No terms, reservations or conditions stipulated by the Customer verbally or in any document, including, without limiting the foregoing generality, any offer or acceptance, and no course of dealings between us and the Customer shall in any way qualify, vary, negative or add to these Terms except in so far as expressly accepted in writing by one of our directors or the General Manager.
3. It is expressly stated that we reserve the right to alter or add to these terms at any time, declaring however that no representations made by any of our employees or agents to the customer shall constitute, or be deemed to constitute, a variation of these terms unless subsequently confirmed by us in writing. In entering into the contract the Customer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.
4. These conditions (and any variation thereof made pursuant to clause 3 hereof) comprise all the express terms of the contract.
5. Any samples of the Materials submitted to the Customer are intended to indicate only substance and the general character of the Materials and we will not be liable if the colour, the grading or the particle shape of the whole or any part of the Materials fails to correspond with any such samples.
6. Any statements made by us as to the time or date of delivery of Materials are to be treated as approximate estimates based on then current trading conditions, and are not subject of any guarantee, warranty or representations. Although we will use reasonable endeavours to deliver at any times arranged, we will not be liable for any loss or damage of whatsoever nature directly or indirectly caused by or arising out of any delay in our effecting or failure to effect delivery of the Materials in whole or part.
7. We do not undertake to deliver over roads or other ground which we consider to be unsuitable. If a vehicle used by us delivers Materials to a place situated off a public road, the Customer will be liable for any accident and any damage which may result and will indemnify us accordingly.
8. The Customer shall ensure that each vehicle used by us or our appointed carrier to deliver Materials will be unloaded with all reasonable despatch; and if it is detained for longer than ten minutes for each such operation we reserve the right to make a reasonable extra charge.
9. If the Customer wishes to claim that there is any shortage on delivery in respect of any Materials or that any Materials have been damaged in transit or are defective or otherwise do not accord with the contract, he shall within forty-eight hours after their delivery give written notice to us and, in the case of any such shortage or damage to any carrier by whom the materials were delivered. A claim being made shall not entitle the Customer to defer payment of any monies due by it to us. If the Customer fails to give such notice the full quantity of the Materials shall be deemed to have been delivered in accordance with the contract in all respects. If the Customer permits the unloading of the whole or any part of a load he shall be deemed to have accepted delivery.
10. Although we make every reasonable effort to supply good quality Materials of the specified in our Quotation or otherwise in the contract between us, if any Materials supplied by us are shown in any way to be defective our liability shall be limited to the cost of their replacement; in no circumstances will we be liable for any other loss or damage of whatsoever nature directly or indirectly caused by or arising out of the failure of any of the Materials to accord with the type or quality of Materials ordered or by reason of any other matter whatsoever.
11. Unless otherwise expressly agreed by us in writing our prices for the supply of Materials are based on our costs (including the cost of conforming to obligations imposed by Statute or Government Order) at the date when such prices were quoted or otherwise agreed; and we reserve the right to make a proportionate increase in our prices between receipt and despatch of an order without notice if there should be any increase in such costs. All orders are subject to V.A.T and any other applicable taxes and levies at the rate ruling at the date of despatch.
12. Unless otherwise expressly agreed in writing our prices only cover working and delivery on our normal working days and during our normal working hours. If any work or delivery should be affected outside our normal working hours at the Customer's request, we reserve the right to make a reasonable extra charge at our relevant overtime charges.
13. All invoices fall due for payment within 30 days of the end of the month in which goods or services supplied to Customer. We reserve the right to require cash with order and to withhold further orders pending settlement of overdue accounts or if the arrangements for payment or the Customer's credit are not satisfactory to us in the case of non-payment of any sum when due or in the case of death, incapacity, bankruptcy or insolvency of the Customer or (when the Company is a limited company) in the case of liquidation or the appointment of a receiver or if an administration order comes into effect in respect of the Customer or if the Customer is unable to pay its debts (within the meaning of Section 123 of the Insolvency Act 1986) then the price of all Materials invoiced by us and /or supplied by us to the Customer up to that date shall immediately become due and payable by the Customer to us and in addition we reserve the right to cancel each contract made with the Customer or to suspend deliveries in either case without prejudice to our right to recover any loss sustained.
14. If the customer fails to make payment of the full sum due by it within the period allowed in clause 13 hereof, then without prejudice to the terms of said clause 13 or to any other right or remedy available to us, we shall be entitled to charge the customer interest (from the date of expiry of the period allowed for payment in terms of said clause 13 on the amount unpaid at the rate of eight per centum per annum above Bank of Scotland base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
15. Risk in the Materials passes to the Customer on delivery, but, notwithstanding delivery and the passing of risk, the Materials sold hereunder shall remain our property until the purchase price for such Materials, including VAT and other applicable taxes, has been paid in full by the Customer. Until the passing of property in the Materials, the customer shall keep the Materials on his own premises in safe custody and separate from any goods which are the property of the Customer or any third party.
16. Unless otherwise expressly agreed in writing our prices for Materials only cover their supply from the normal run of production. Where the Customer requires some different or special grading a reasonable extra charge will be made to cover any additional cost. A reasonable extra part load charge at the rates specified in our Quotation will also be made if, at the request of the Customer we deliver Materials in quantities of less than a full vehicle load or we effect discharge of a load in any manner other than by immediate and continuous tipping at one point of discharge.
17. We shall not be liable for any loss (including, without limitation, loss of profits or loss of goodwill or other economic loss) or damage caused by or arising directly or indirectly from force majeure. By force majeure is meant all events or circumstances beyond the control of the parties which by their nature could not be reasonably foreseen, of if they could reasonably have been foreseen, are unavoidable, and which prevent or hinder the total or partial performance of any obligation under the contract including, but not limited to, loss, delay and/or damage during transit, trade disputes and other industrial action, acts of any civil or military authority, fire, shortage of power or act of God.
18. Any notice, demand or other written communication required or permitted to be given hereunder shall be deemed to have been validly given if served personally, or sent to the party to be served by first class pre paid post, or by fax if served from outwith the United Kingdom. Any such notice, demand or other communication shall be conclusively deemed to have been served 48 hours after the time of posting where sent by post, or at the time of delivery if delivered by hand, or at the time of issue of the fax where sent by fax.
19. Each clause, sub clause paragraph and sub paragraph in these Terms shall be separate and severable and enforceable accordingly.
20. No relaxation, delay or indulgence by us in enforcing any of our strict rights hereunder shall affect, prejudice or restrict such rights and waiver by us of any breach of contract, or failure to insist upon the performance of any provision of our contract with the Customer, shall not constitute or be construed as a waiver of any subsequent or continuing breach or as a waiver of any such provision.
21. These conditions of sale shall be governed by and construed in accordance with the law of Scotland and, except in so far as already subject thereto, the parties each prorogate the non-exclusive jurisdiction of the Scottish Courts.
22. All products supplied are in accordance with relevant specifications.