Speedy Concrete
Terms & Conditions

SPEEDY CONCRETE PUMPING SERVICES LTD TERMS & CONDITIONS OF SALE

 

These supplementary conditions are used, partly, to raise the awareness of the Hirer’s responsibility when requiring a concrete pumping service; and, to define contractually the extent of the Owner’s and Hirer’s responsibilities as between themselves.

For the avoidance of doubt, when the Owner is not a specialist sub-contractor and/or sub-contractor of the Hirer.  The Owner will supply Plant pursuant together with these Supplementary Conditions to form the contract between the Owner and the Hirer.

 

DEFINITIONS AND INTERPRETATION

 

1.1          These supplementary conditions are applicable to the fire of concrete pumps and associated plant only (Pump) and shall be referred to as the “Supplementary Conditions”.

 

RESPONSIBILITIES OF THE HIRER

 

2              CONCRETE SUPPLY

The hirer is solely responsible for the concrete specification and the provision of a suitable and sufficient supply of concrete of a consistency, which is readily pumpable at a suitable rate. The Hirer shall be responsible for informing the Owner of the nature and extent of any additives that may be incorporated into the concrete.  The Owner accepts no responsibility for delays in output arising from the Hirer’s failure in this respect.  The Hirer is also solely responsible for ensuring that the concrete supplies is of a quality and strength suitable and sufficient for the Hirer’s purposes.

 

3              MANAGEMENT OF THE CONCRETE PUMPING OPERATION

The Hirer will be fully responsible for the management of the entire pumping operation in accordance with the terms of this contract.  The Hirer shall provide at its own expense, and shall ensure that a competent supervisor is in attendance at the beginning, throughout and at the end of the pumping operation to assist the operator.

 

4              SAFETY

A safe system of work will be established by the Hirer and this must be followed for each concrete pumping operation, whether it is for an individual pour or a series of pours.

 

5              FACILITIES

The Hirer shall provide the following facilities without charge to the Owner for such times as is reasonably required during the Hire Period:

 

5.1          Cement for grouting the pipelines at the rate of 25kg per 20 metres between the Pump and the point of discharge.

5.2          An adequate piped water supply at the pump position.

5.3          Temporary light at the Pump position and along the pipeline when required.

5.4          Facilities for washing out the Pump and adequate assistance in cleaning any spillage.

5.5          The Hirer shall ensure that sufficient competent labour is made available to assist the Operator prior to pumping, during pumping & on completion of pumping; and if necessary when the pump leaves site of operations.

5.6          Any additional labour required in respect of pipeline erection or dismantling.

5.7          Suitable supports for pipelines and anchorage points for vertical pipelines.

5.8          All access scaffold and ladders necessary for the safe and proper execution and progress of the work.  The Owner has not included the cost of providing, erecting or moving any necessary scaffold.

5.9          The Hirer for Health and Safety reasons will provide a banksman who will assist the driver when the mixer lorry enters, traverses or leaves the site.

 

6              GROUND AND SITE CONDITIONS

The Hirer shall provide and shall clearly indicate to the Owner’s operator the suitable points where the pump is to be set up. The Hirer shall be entirely responsible for the ground upon which the Pump is to traverse and be set up.  The hirer shall be fully liable to the Owner for any damage to the pump caused by ground conditions and shall indemnify the Owner and hold the Owner harmless against any liability, expense, loss or damage caused by ground conditions.

 

7              PUMP CAPACITY

In the event that the Contract specifies a particular type of Pump, the Owner reserves the right to supply a suitable alternative Pump to that specified.  Acceptance of the Pump on site shall be acceptance of the variation of the Contract in respect of the Pump supplied and the Owner shall have no liability to the Hirer in respect of that variation.

 

8              BLOCKAGES

Any concrete blockage or chock either within the pump machine or pipeline will not be construed as a breakdown.

 

9              PREPARATION/COMPLETION OF PUMPING

9.1          The Hirer shall allow the pump to arrive on site up to sixty minutes before it is ready to commence pumping and to allow up to sixty minutes after it has ceased the pumping operation to de-rig, wash out and prepare for travel. These periods of time will be charged at the working rate as agreed.

9.2          Concrete shall not be delivered to site until such time as the Pump operator deems that he is ready to commence pumping operations.

9.3          If the Pump is delayed in leaving the site, which is outside the Owner’s control, this period will be charged at normal working rate to the Hirer.

 

10           INSURANCE

The Hirer shall take out and maintain insurance against any and all liabilities the Hirer might incur under the contract.  The Owner reserves the right at any reasonable time to require confirmation that the Hirer is complying with their insurance obligation.

 

11           DELIVERY AUTHORISATIONS

The Hirer shall provide a competent person to sign any delivery ticket presented in respect of the delivery of any concrete and/or materials pertinent to the pumping operation.

 

12           CONTINUING HIRE

The Hirer’s order is accepted on the basis that the Hirer will book his requirements on a daily basis in accordance with such arrangements as may from time to time be agreed between the Owner and the Hirer.  One clear working day’s minimum notice of cancellation is required and the Owner reserves the right to charge the Hirer for any loss incurred due to insufficient notice being given. Standard cancellation charges are as follows £150 charge for cancellation without 24hrs notice

 

13           ASSESSMENT

Unless otherwise agreed the quantities of concrete pumped by the Pump shall be assessed (except to the extent that the Owner shall show that any such assessment is not reasonably accurate) by the reference (in case of ready mixed concrete) to its supplier’s delivery tickets and (in case of site mixed concrete) to the quantity of concreting materials used by the Hirer and to the mix-proportions on which the Hirer has based his production of concrete.  Where assessment is made by reference to mix-proportions the Hirer shall afford the Owner all such facilities as the Owner may reasonably require for the verification of quantities of material used and of the accuracy of the mix-proportion figures.

 

14           WORKING DAY

The Hirer shall be charged for a full Working Day where necessary, including lunch and rest breaks taken by the Driver or Operator or any person supplied by the Owner.

 

RESPONSIBILITIES OF OWNER

 

15           SAFETY

The Owner shall be responsible for compliance with the Best Practise Guide for the Safe Use of Concrete Pumps and where appropriate British Standard 8476:2007

 

16           COMPETENCE

If the Owner provides an operator with the concrete pump, the operator will be deemed to have the appropriate qualifications, training and experience to operate the Plant.

 

17           DELIVERY

Any dates specified by the Hirer and/or the Owner for delivery of the Pump are estimates only and time for delivery shall not be made of the essence by notice.  We adhere as closely as possible to the period stated, but can accept no liability for failure to do so; or for any loss or delay occasioned by strikes, lockouts, fire, accident, delay in transit after leaving our works, or other contingency beyond our control.

 

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SPEEDY CONCRETE PUMPING SERVICES LIMITED SUPPLEMENTARY CONDITIONS

• Unless otherwise stated, a deposit to be taken up front and terms of full payment are on completion of work unless you hold an active account with Speedy Concrete Pumping Services Ltd – payments should then be made adhering to account terms and conditions issued. The property in goods shall not pass to the buyer unless full payment has been made for the whole consignment. Speedy Concrete Pumping Services Ltd reserves the right to remove all goods not paid for in full from the site. Any damage caused in doing so remain the liability of the customer and/or overseer of the property.

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• The Owner reserves the right to refuse to execute any order if the arrangement for payment or the Hirer’s credit is not satisfactory to it, and to suspend or discontinue the Owner’s service to any Hirer whose account is overdue for payment. Notice of any suspension or discontinuance shall be given by the Owner to the Hirer in writing as soon as possible.

• The Owner reserves the right to set off against any sums due to the Hirer from the Owner

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• We reserve the right to claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. Non-Account customers are required to make full payment upon completion of delivery and will be charged a waiting time rate of £1.75 per minute should they exceed the agreed time duration and payment not be readily available upon completion. Account customers must make payments within the terms of their account which will be specified by Speedy Concrete Pumping Ltd when the account is granted. Should payments not be made within the specified account terms or upon completion of delivery (non-account customers), late payment fees will be added to the invoice at the rate of £25 per overdue day recurring until the invoice is settled in full.

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• If for any reason any payment is not made when due, the Owner reserves the right to be paid on an indemnity basis any costs the Owner incurs in recovering any money due under this contract (and the costs of recovering such costs) including the Owner’s administration costs and any costs incurred with lawyers or debt collection agencies. The Owner’s administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent.  In calculating the Owner’s administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.

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• If proceedings are issued a minimum contribution of £300 (in addition to the fixed costs of issue) will be claimed towards any costs incurred with lawyers.