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The Concrete People Ltd

TERMS AND CONDITIONS

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Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 02080510077.

Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).

  2. We are The Concrete People Ltd a company registered in England and Wales under number 11656715 whose registered office is at 95 The Street, Ashwell Thorpe, Norfolk, NR16 1EZ with email address info@theconcretepeople.co.uk; telephone number (02080510077); (the Supplier or us or we).

  3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

  4. The Concrete People uses suppliers who have signed up to our company in order to supply their goods and services to our customers.

Interpretation

  1. means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

  2. means the legally-binding agreement between you and us for the supply of the Services;

  3. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;

  4. means any goods that our suppliers supply to you, with the amount and description as set out in the Order;

  5. means the Customer's order for the services from our supplier as set out overleaf;

  6. means the services, including any Goods, of the amount and description set out in the Order.

Our Services  Contract between The Concrete People and you the consumer

  1. When an order has been placed it is your responsibility to ensure that any information or specification you provide is accurate. This includes any concrete pumping services and any other services which we agree to provide.

  2. Once a quote has been made for services and you the consumer accepts you are making an offer to us for the purchase of the services subject to these terms. All Services are subject to availability.

  3. We will make a verbal confirmation that we accept your offer for services and will then email the order confirmation. We can make changes to the services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

  4. These terms will be compulsory once we provide a written or verbal confirmation of the order and payment has been made for the services. We will then commence processing of the order. Whichever comes first, at which point the “contract” shall be enforced.

  5. If after an order has been accepted, you wish to make changes to the goods or services ordered this may be requested in writing. Any changes will only be accepted at our discretion and we can change the price or rates accordingly. You will be advised of the new price and can accept or decline the quote or continue with the original order.

  6. If you require additional goods or services after you have placed your order because you have under-ordered, you can place a supplementary order, Where you wish to place an additional order you will need to contact us direct rather than the network supplier, as you may be charged twice for the same order.

Customer responsibilities and Delivery

  1. You must co-operate with us in all matters relating to accepting of the goods and Services in the agreed delivery time that has been organised with our suppliers. If the delivery of good or services exceeds the time slot which has been agreed in the initial order. If this is the consumers fault including failure to take delivery, then you may be charged a reasonable additional fee. This may include removal of waste product which is no longer useable and the cost of any additional hours our suppliers must wait.

  2. Provide us and our concrete suppliers with access to a premises under your control as required, provide us with all information required to perform the services and obtain any necessary licences and consents (unless otherwise agreed).

  3. The goods are the consumers responsibility from the time they are delivered to the address you gave us.

  4. The consumer will own the goods supplied but not the machinery, once they have been delivered by our supplier and paid for. Including all material delivered by suppliers even if the customer has ordered surplus to requirement. If the supplier chooses to dispose of or return the customers unwanted material this may result in additional charges.

  5. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

  6. The consumer will need to provide a full address for delivery, contact details and details of any road restrictions or restricted access which may affect delivery by our suppliers.

  7. Please make us aware on booking if the delivery location is not on a public highway or if the accesses will make it difficult for our supplier to deliver your goods.

  8. Indemnify us and our suppliers against any damages or loss that either the consumer or our suppliers incur as a result of the delivery location not being on a public highway or on unsuitable ground.

i) The consumer must acknowledge that we and our suppliers will not be liable for any damages or loss that we suffer as a result of you not complying with the above conditions. Basis of Sale

  1. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

  2. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier's delivery of the Services to the Customer.

  3. Any quotation or estimate of fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.

  4. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered unless the variation is agreed by the Customer and the Supplier in writing.

Fees and Payment

  1. The fees (Fees) for the Services, the price of any Goods will be quoted to you on your initial phone call or otherwise notified to you in writing in the order confirmation. We will endeavour to make sure the price is correct at the time of the order however in circumstances where an error has been made with the pricing, the correct price will be re-sent to the customer. If the customer wishes to accept the payment will be taken, or the difference. Should the correct price be declined then a full refund will be given.

  2. The price will not include the following:

    • Delivery costs

    • A waiting time fee

    • Service fee

    • Any additional work that was not quoted in original price

  3. Fees and charges are all VAT chargeable at the rate applicable at the time of the Order.

  4. Additional services that are incurred due to your default , including but not limited to lack of or incomplete instructions or as a result of the need for additional work becoming apparent during the course of us providing the services, we reserve the right to charge you for any such additional services as an additional cost.

    • Additional costs will be discussed with you and an additional invoice will be raised.

  5. If you intentionally make a fraudulent claim to re-in burse your purchase charges we are entitled to claim the full payment plus interest for the time period whilst we was waiting for the case to be settled.

  6. Payment for Services must be made when you place your order. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Withdrawal and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. We will refund you the amount paid using the method the consumer used to pay.

  2. After we have sent your order confirmation you must then cancel the contract within before the date our suppliers are due to deliver any goods. This cancelation must be made by email so the date and time is recorded.

  3. If you wish to cancel the contract at the point where our suppliers have started to make delivery to you, the consumer must pay for the services. We may charge you an additional fee for any unused or waste product.

Conformity and Guarantee

  1. Any substandard material supplied will be at the fault of our suppliers and we shall provide the consumer with their terms and conditions along with their guarantee. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights. We do not offer any warranty or guarantee other than as set out in the conditions.

  2. Our suppliers will supply the Services with reasonable skill and care.

Duration, termination and suspension

  1. The Contract continues as long as it takes us to perform the Services.

  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

    • commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

    • is subject to any step towards its bankruptcy or liquidation.

  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website.

  3. For the purposes of these Terms and Conditions:

    • 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

    • 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

    • 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

  4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

  5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    • before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

    • we will only Process Personal Data for the purposes identified;

    • we will respect your rights in relation to your Personal Data; and

    • we will implement technical and organisational measures to ensure your Personal Data is secure.

  6. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: info@theconcretepeople.co.uk.

Circumstances beyond the control of either party

 49. In the event of any failure by a party because of something beyond its reasonable control: 

  • the party will advise the other party as soon as reasonably practicable; and

  • the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel.

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.

  3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs or you wish to make a complaint, whether about our brokerage service or our concrete suppliers you can contact us by telephone on 02080510077 or info@theconcretepeople.co.uk. We will aim to respond with an appropriate solution within 5 days.

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