Simply the Best Construction Materials and Services

Definitions:

The “Provider” means ATD Group Ltd

The “Sub-contractor” means the “Provider’s” appointed contractor

The “Customer” means the company or individual to whom the goods or services are supplied

The “Service” refers to the service booked and, where the context permits, means the supply of a vessel for waste removal ie Skip, Grab Lorry, Cage Lorry, Tipper etc or the supply of Aggregate, Concrete, Portaloos, Machinery, Transportation and Haulage.

The “Site” means the booked collection or delivery address.

The “Period of Hire” means the time period from the day of delivery up until and including the day of collection

“Working day” refers to Monday to Friday in any one week between the hours of 8am and 4pm

“Force majeure” means circumstances beyond the reasonable control of the Provider or Sub-contractor which include; but are not limited to, Strikes/Industrial action, inclement weather, power failure or breakdown, accident, malfunction of machinery or computers.

Terms and Conditions of Sale:

(i) The following Terms and Conditions cover ALL sales contracts between the Provider and the Customer without exception unless agreed with written consent from the director and shall apply for the benefit of all parties concerned including Sub-contractors of the Provider.

(ii) The Provider reserves the right to amend or withdraw any of these terms or conditions without notice. Any clerical or typographical error made by the Provider shall be subject to correction without any liability on the part of the Provider.

(iii) A contract is formed between the Provider and the Customer on acceptance of either a verbal or written purchase order and in doing so the Customer authorises the Provider to seek credit information, when required, on the Customer including directors, partners and principals

Services:

(i) The Customer will be wholly responsible for their own judgement on the services and/or goods supplied and will not treat any information supplied by the Provider as a warranty or guarantee.

(ii) All collections and deliveries will be made at the address supplied by the Customer and specific instructions noted. Customers are wholly responsible for site access and, if in the opinion of either the Provider or the Sub-contractorsafe passage is not deemed possible, the Provider or Sub- contractor are within their rights to cancel the job. Any damage caused as a result of unprepared ground for vehicle utilisation will be solely the responsibility of the Customer.

(iii) The standard time allowed for delivering materials or collecting waste to or from a site is 15 minutes for a Tipper Lorry and 30 minutes for a Grab Lorry, a Wait and Load Skip or Cage Vehicle. If the vehicle is kept waiting longer than this after arrival the customer shall be liable for reasonable demurrage. Waiting time for eight wheel tippers is chargeable at a rate of £60 per hour or proportion thereof and at a rate of £70 per hour or proportion thereof for all other vehicles mentioned above.

(iv) The Customer is responsible for any demurrage or waiting time caused by its own employees and will be advised of appropriate additional charges in such an event.

(v) The Provider will always endeavour to carry out the Customer’s requirements but can accept no responsibility for failure to supply or for delays caused as a direct or indirect result of circumstances beyond their control.

(vi) All delivery and collection times are approximate and the Provider can accept no responsibility for losses or delays caused by failure to deliver on or before specified dates, periods and times.

(vii) For every delivery and collection a job ticket should be signed by the Customer (or representative thereof) as proof that the order was carried out. This is also the time that any discrepancies or problems should be raised in order that attempts can be made to rectify the problem at the earliest opportunity.

(viii) The Provider cannot be held responsible for delays or cancellations due to reasons of Force Majeure.

Prices and Payments:

(i) All prices quoted are in Pounds Sterling unless otherwise stated.

(ii) Prices for services, hire and materials are quoted at the time of enquiry and are exclusive of Value Added Tax. Each job will be detailed on an invoice whereby the price will be final and subject to payment within 30 days from date of invoice for account customers. For non-account customers; pre-payment is required.

(iii) Prices quoted are for work carried out during the normal Working Day; however should work take place outside of these times additional charges could apply and will be advised to the Customer at the time of quotation.

(iv) Legal advice will be sort by the Provider on any outstanding Customer invoices.

Transfer of Property:

(i) Any goods or equipment once delivered to the Customer will be at the Customers risk but will remain the property of the Provider until such a time when payment has been received in full.

(ii) In the event that payment is due to the Provider; in whole or in part, the Provider may enter the premises to re-claim the goods or equipment and is at liberty to recover or re-sell it.

Claims:

(i) As stipulated under “Services (vii)” any discrepancies or problems should be brought to the attention of the Provider at the time of collection or delivery in order that the opportunity is given to rectify the situation at the earliest opportunity. Unless there are circumstances justifying a delay; any claims should be made within 24 hours and in any event should be in writing within 7 days of the delivery or collection.

All contracts between the Provider and the Customer shall be governed by English Law and are subject to the exclusive jurisdiction of the English Courts.

Updated May 2021