TERMS & CONDITIONS

New Milton Sand and Ballast Limited – Conditions of Sale

These are the New Milton Sand and Ballast Terms and Conditions ("Terms") which apply to all orders for goods and services placed with us or with any of our trading names, including but not limited to New Milton Sand and Ballast Limited, New Milton Concrete, Holme Sand and Ballast. New Milton Sand and Ballast Limited ("NMSB", "we", "our" or "us") is a company registered in England and Wales under company number 00581821 with our registered office at Caird Avenue, New Milton, Hampshire BH25 5PX.

INTRODUCTION
1. We don't give business customers all the same rights as consumers. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying goods or services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
2. If you are a business customer these Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
QUOTATIONS
1. Unless previously withdrawn, quotations are open for acceptance in writing within 28 days from the date of the quotation and these Terms apply to all sales of goods and services to the exclusion of all previous proposals or communications. Any variations of these Terms must be agreed in writing.
2. Quotations are based on applicable costs at the date of the quotation. Prices may be adjusted to reflect any reasonable increase in applicable costs occurring after the date of quotation. You will be responsible for any extra cost incurred by any subsequent amendment of your requirements not provided for in the accepted order.
3. Any samples, drawings, descriptive matter or advertising produced by NMSB, including particulars or weights or dimensions, and any descriptions or illustrations contained in our catalogues or brochures or other company literature or quotations are produced for the sole purpose of giving an approximate idea of the goods or services referred to in them. They shall not form part of the contract nor have any contractual force unless confirmed in writing by us.
YOUR ORDER
1. We will contact you to confirm we've received your order and we accept it when we dispatch or supply the goods or services and confirm dispatch or supply to you.
2. The title to goods only passes when we receive full payment for the goods. The risk of damage to or loss of the goods passes to you when the goods have been delivered to you or discharged into any vehicle or receptacle provided by you.
DELIVERY
1. Any date given by us or specified by you for delivery is given and intended as an estimate only and time is not of the essence. You must accept the goods or services ordered when available unless the delay is due to circumstances within our reasonable control. You must be ready to take delivery of the goods or services on the estimated delivery date referred to in the quotation, order acknowledgement or any amended date notified to you.
2. You must provide safe and adequate access to the point at which you require us to discharge the goods or services, including adequate space to manoeuvre our delivery vehicle. If, in our reasonable opinion, the access is unsafe, inadequate or has insufficient manoeuvring space, we may at our discretion refuse to make the delivery. Any costs incurred to us as a result will be charged to you.
3. If you are a business you will indemnify us for any damage to our delivery vehicle and indemnify the driver of any such vehicle for any personal injury incurred by them whilst at the delivery site or on any access thereto not being a public highway, except to the extent that such damage or injury is due to the negligence of us or the driver.
4. You, or if you are a business, your employee or authorised agent, must promptly:
  1. Accept delivery or supply of the goods or services when they arrive at the site and provide necessary labour to unload or facilitate them in a timely manner.
  2. Inspect goods when they are discharged or unloaded.
  3. Sign the delivery note.
  4. Sign the record of any delay after the arrival or supply of the goods or services on site, standing time, authorised day work or other record.
5. Where there is any complaint about the quality or quantity of the goods or services, you must:
  1. Phone the office from which the goods or services were ordered on the day of delivery.
  2. Confirm the complaint in writing to our office within 1 week.
  3. Allow us all reasonable facilities to enable us to investigate any such complaint promptly and to advise you of any remedial action which may be appropriate.
6. Deliveries may be totally or partially suspended during any period in which we may be prevented or hindered from manufacturing, supplying or delivering the goods due to breakdown of plant, non-availability of materials, labour disputes, fire, accident, inclement weather, transport difficulties or delays, or any circumstances outside our control. We are under no liability to you through failure to deliver in such circumstances.
7. If we are required by you to make deliveries outside normal working hours or in part loads, or in the event that discharge is not completed within fifteen minutes from arrival of the delivery vehicle due to any fault by you or your failure to abide by these Terms, you will be charged extra in accordance with our published standard scale of charges. Wasted journeys may incur additional haulage charges (details available on request), subject to accommodation within the daily schedule.
8. If you order delivery vehicles off the public highway you do so at your own risk.

PAYMENT
1. Unless otherwise stated, net payment must be received by us no later than the 30th day of the month following the month of invoice.
2. We reserve the right to refuse to execute any order or to suspend or discontinue the order if the arrangements for payment or your credit is not satisfactory to us or your account is overdue for payment.
3. Unless otherwise stated, prices are exclusive of VAT, sales tax or any similar tax and import or other duties or Aggregate Levy and any other Government imposed taxes, which will be payable by you in addition to the quoted price.
4. If the goods or services have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
5. If you are a business and our credit terms are not adhered to and the period of settlement extends beyond the date for payment under clause 5(a), we reserve the right to invoke the terms of the Late Payment of Commercial Debts (Interest) Act 1998. In the case of cash sales, interest will be charged from the date of delivery.
6. Where we need to resort to an agency or solicitors for collection of debts, any reasonable charges that we incur will be charged to you.
7. If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law) notwithstanding that delivery may not have taken place due to your default.
RETURNS AND CANCELLATIONS
1. If you are a consumer and you bought goods at a distance, including but not limited to, via our website or over the telephone:
  1. You have a legal right to change your mind for any reason up to 14 days after delivery for a refund. The cancellation period will expire after 14 days from which you acquire, or a third party indicated by you acquires, physical possession of the goods.
  2. Except as expresslty permitted by clause 6(c) or clause 6(e) no refunds shall be given for any goods made to your specification or goods that have become mixed inseparably with other items after delivery.
  3. We only refund standard delivery costs of our delivery of the goods to you, we don’t refund any extra you have paid for express delivery or delivery at a particular time.
  4. It is your responsibility to ensure safe return of the goods at your own cost to us in exactly the same condition in which it was provided to you.
  5. To exercise your right to cancel, you must inform us of your decision to cancel our contract with you by a clear statement, such as a letter sent by post or e-mail. You may use the model cancellation form annexed at the end of these Terms, but it is not obligatory.
  6. Refunds will be made within 14 days of receiving the goods back from you. We refund you by the method you used for payment.
2. If you are a consumer and you bought services (excluding Fill-A-Bag, Muckaway, grab truck hire and other waste collection services) from us at a distance (including but not limited to, via our website or over the telephone):
  1. Subject to the remainder of this clause, you have a legal right to change your mind for any reason up to 14 days after the day we have confirmed acceptance of your order.
  2. We will not perform the service within the cancellation period unless you expressly request us to do so in writing and acknowledge that your cancellation rights are lost upon completion of the service. If you cancel the service before it has been fully performed, we will charge you for supply of the service for the period for which it has been supplied.
  3. To exercise your right to cancel, you must inform us of your decision to cancel our contract with you by a clear statement, such as a letter sent by post or e-mail. You may use the model cancellation form annexed at the end of these Terms, but it is not obligatory.
  4. You cannot change your mind once a service has been completed.
  5. Refunds will be made within 14 days of you telling us that you changed your mind. We refund you by the method you used for payment.
3. Unless permitted by clause 6(a) or clause 6(b), no cancellation request can be accepted by us unless it is received in time to prevent the order being mixed or loaded, and in any event no later than 2pm on the business day (being a day, other than a Sunday or public holiday in England) before delivery. Cancellations after this cut-off will be accepted by us at our absolute discretion and will be conditional upon you paying us any costs we incur as a result (including but not limited to the standard cancellation charges in clause 6(d)).
4. Our standard charges for cancellations made after the cut-off referenced in clause 6(c) above are:
  1. Skips & RoRos: £40.00 each;
  2. Concrete & screed £25 per m3 ordered (unless the concrete has already been loaded, in which case clause 6(e) shall apply instead);
  3. 8-wheeler and 6-wheeler loads: £75.00 each; and
  4. 4-wheeler loads and small loads (7T and below): £55.00 each.
5. For concrete orders once loaded, if the ordered volume is not fully poured on delivery (i.e. we are required to take away unpoured concrete), or we exercise our discretion to accept your request to cancel outside of the period stated in clause 6(c), then you agree to pay us £100 per cubic metre (rounded up to the nearest cubic metre) for the returned/cancelled concrete.
6. We shall be entitled to cancel any contract for the sale or supply of goods or services and / or suspend any further deliveries or services without any liability to you and without prejudice to any other remedies if you:
  1. Fail to pay any sum payable to us under these Terms, or any other contract with us, on the due date;
  2. Commit any breach of these Terms; or
  3. Make any voluntary arrangements with your creditors or become subject to an administration order or (being an individual or firm) become bankrupt or (being a company) go into liquidation or have a receiver appointed (otherwise and for the purposes of amalgamation or reconstruction).

FAULTY GOODS OR SERVICES
1. If you are a consumer and you have ordered goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Subject to clauses 7(d) to 7(h), during the expected lifespan of your goods you are entitled to the following:
  1. Up to 30 days: if your goods are faulty, then you can get a refund.
  2. Up to 6 months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  3. Up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some money back.
2. If you are a consumer and you have ordered services, the Consumer Rights Act 2015 says:
  1. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  2. If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
  3. If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
3. If you are a business, and subject to clauses 7(d) to 7(i) we shall, at our option, repair or replace the defective goods, resupply or fix deficiencies within the defective service, or refund the price of the defective goods or services in full and this will be your only remedy for any breach of warranty.
4. No warranty, guarantee or specification is valid unless given in writing by us and signed by a manager or director.
5. Our knowledge of the purpose for which the goods are intended to be used does not imply any warranty on our part as to the quality or fitness for that purpose unless confirmed in writing and signed by a manager or director of NMSB.
6. We will accept no responsibility for faults in or failure of the goods due to use in unsuitable applications or in unsuitable climatic conditions or to the handling, treatment or methods of placing adopted by you after the goods have been delivered to site or loaded in any vehicle or receptacle provided by you.
7. We accept no responsibility for faults in or failure of the goods due to the effects of frost, heat or inclement weather.
8. If the materials used in the production of the goods contain naturally occurring inclusions which result in cosmetic blemishes or surface depressions no liability for such blemishes or depressions can be accepted by us unless you have expressly indicated that you require goods without cosmetic blemishes or surface depressions for use in connection with a specific purpose and we have accepted this in writing signed by a manager or director of NMSB.
9. If you are a business:
  1. We accept no responsibility unless the alleged defects are notified to us as soon as possible after their discovery (but in no case exceeding 7 days from the date on which the goods were supplied).
  2. We accept no responsibility unless we have been given an opportunity of investigating any alleged defect and of making representations as to any remedial action to be taken.
  3. If a defect in the goods should have been revealed by examination on delivery, our responsibility in respect of such defect shall be limited to the delivery of a fresh supply of the goods to replace the defective materials (without prejudice to the necessity for compliance with other provisions of this clause 7).
10. Any quality issues, remuneration or making good that derives from your error, or an alleged error of ours which cannot be evidenced in writing to our reasonable satisfaction, shall be at our absolute discretion.

LIABILITY
1. If you are a consumer, we are responsible for losses you suffer caused by us breaking these Terms unless the loss is:
  1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  2. Caused by a delaying event outside our control.
  3. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own property, which was caused by goods that we supplied and you which you could have avoided by following our guidance.
2. If you are a business, then, except in respect of losses described in clause 8(c):
  1. We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
  2. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited the total sums paid by you for goods and/or services under such contract.
  3. Except to the extent expressly provided for elsewhere in these Terms, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
3. Nothing in these Terms shall limit or exclude our liability forL
  1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable).
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  4. defective goods under the Consumer Protection Act 1987; or
  5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

GENERAL
1. No employee or agent of the company is authorised to make any representation concerning our offered goods and services. Only representations in writing, signed by a manager or director are binding.
2. How we use any personal data you give us is set out in our Privacy Policy which you can find at the following link: nmsb.co.uk/privacy-policy.
3. These Terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
4. No third party has any rights under these Terms. This Terms are between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
5. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
6. Even if we delay in enforcing these Terms, we can still enforce them later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.