1. Interpretation

The following terminology applies to these Terms and Conditions: 

“Customer”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions.

“The Company”, “Us”, “We”, “Borleys” and “Our” refers to K Borley & Son Ltd.

2. Acceptance of Terms and Conditions

It is not necessary for any Customer to have signed an acceptance of these Terms and Conditions for them to apply. If a customer accepts our quote or pays any fee, then the Customer will be deemed to have satisfied themselves as to the terms applying and have accepted these Terms and Conditions in full.

Please read these Terms and Conditions carefully. Any purchase or use of the Company’s services or products implies that you have read and accepted these Terms and Conditions.

These Terms and Conditions are always available on this website for review. From time to time, it will be necessary to update these Terms and Conditions, and the Customer agrees to be bound by the new terms and conditions by the use of the Company’s services.

The Customer is responsible for reviewing information regularly posted online on this website.

 3. Waiting Time: Our prices assume that there will be no unreasonable delays during unloading. The first 60 minutes on-site are free of charge, but any waiting time beyond that will be charged according to our current rates unless otherwise agreed before delivery.

4. Ready Mix Concrete Delivery Method: Our standard delivery methods are:

Wheel Barrow; Concrete can be dispensed into your fully functional wheel barrows.

Barrow Assist; At our discretion and subject to availability, we will assist your workforce by providing a member of our staff with a wheel barrow to help offload your concrete. In this scenario the customer will be fully liable for the health and safety of our staff until they leave the site.

Straight Pour; Your concrete can be dispensed in its entirety onto a suitable floorspace. The customer will be fully liable for the condition of both the delivered concrete and the ground on which it has been dispensed.

Pump Delivery; Subject to availability, we can arrange the use of a 3^rd part licensed concrete pump operator to pump your concrete on to your site. The customer agrees to be bound by the terms and conditions of the selected pump operator. The company accepts no liability for the operation, performance or reliability of any independent concrete pump operators.

Other Ready Mix Concrete Delivery Methods: The company may from time to time agree to your concrete being delivered into alternative receptacles. The company accepts no liability for the performance of any receptacles, nor any damage nor loss because of using receptacles provided by the customer.

5. Ready Mix Concrete Delivery Charges: The company may charge for delivery of ready mix concrete based on the distance from our address to the customer’s delivery address and the requested delivery method. If the agreed delivery method is changed when the delivery arrives on site then the company reserves the right to add a surcharge.

6. Out of Hours: Our regular operating hours are Monday to Friday, from 7:30 AM to 5:00 PM, and Saturday, from 8:00 AM to 12:00 PM. Deliveries requested outside these hours will be subject to acceptance and incur additional charges.

7. Access: Orders are accepted on the condition that your site is accessible via a road suitable for heavy goods vehicles. Our driver reserves the right to refuse delivery if they believe that proceeding could damage the vehicle. In such cases, you will be responsible for any costs if the delivery is cancelled. We are not liable for any damage caused by our vehicle to your property, roadways, or any third parties on site. You will be held accountable for any harm or damage caused to our vehicle or personnel due to access road conditions or negligence on your part or that of your employees.

8. Water Addition: Any request for extra water to adjust the concrete’s strength or workability will be recorded on the delivery ticket or invoice. The addition of water is done solely at the customer’s request and risk.

9. Cancellation: Cancellations can be made up to three hours before the scheduled departure without charge. However, if the goods have been specially processed to meet your requirements, you will be liable for the associated expenses. Once materials are in transit to the site, full payment is required.

10. Part Load: After delivering one full 8m³ load of the same mix on the same day, the company reserves the right to issue a surcharge based on the volume not carried will apply to the first part load.

11. Returned Concrete: Any returned concrete that exceeds your requirements may incur a disposal and handling fee. This charge is in addition to the cost of the requested and produced material.

12. Defects: All concrete is supplied according to an external quality management system unless stated otherwise. Our liability for any defects in the ready-mixed concrete, including failure to meet specifications, is limited to the removal and replacement costs. We will only accept liability if the following conditions are met:

1. 1. No additional water or materials were added after the product was declared ready for acceptance by our representative.
   2. Samples tested were taken during discharge from our vehicle.
   3. All sampling, making, curing, and testing of specimens was carried out.
   4. Test results were interpreted or any agreed-upon specifications.
   5. Compressive strength references are based on concrete cubes made, cured, and tested in accordance with BS1881 and BS5328 by a UKAS Approved Test House.
   6. We were notified promptly of any test results indicating potential failure to meet specifications.
   7. We were given the opportunity to investigate alleged defects and provide recommendations for remedial action.

13. Consequential Loss: Under no circumstances will we be held liable for any consequential losses or damages.

1. Delays: We reserve the right to delay or suspend deliveries without penalty due to events such as war, civil unrest, strikes, accidents, fire, severe weather, transportation delays, material shortages, equipment breakdowns, or other unforeseen circumstances.
2. Price Variations: The quoted prices are based on material, labour and delivery costs at the time of quotation. We reserve the right to adjust prices in line with any changes in these costs, with notice provided in advance.
3. Acceptance: All quotations are only valid if verbal or written acceptance is received within seven days from the quotation date.
4. Payment Terms: Prices quoted are based on cash-on-delivery (COD) or pre-agreed credit arrangements. We reserve the right to halt or cancel orders if payment arrangements or credit conditions are deemed unsatisfactory, or if any account is overdue. Payment withholding or lien is not permitted.
5. Cash on Delivery: Payment for the amount shown on the delivery ticket is required before materials can be discharged unless alternative arrangements have been agreed upon.
6. Conditions: Any contract resulting from the acceptance of this quotation is subject to these Terms of Sale & Delivery, excluding any conflicting conditions you may propose. Any changes to these conditions must be confirmed in writing by a Director of K Borley & Son Ltd.
7. Indemnity: The Customer’s use of the Company’s products and services is at their own risk and for lawful purposes only.

The Customer agrees to defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, costs, losses and claims including but not limited to legal fees against the Company that may arise directly or indirectly from any service provided or agreed to be provided to the Customer.

1. Severability

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms and Conditions (unless the substantive purpose of these Terms and Conditions are then frustrated, in which case either party may terminate these Terms and Conditions on written notice).

1. Entire Agreement

These Terms and Conditions constitutes the entire agreement between the Company and the Customer and supersede all prior or contemporaneous communications and proposals, whether oral or written, with respect thereto.

Each party acknowledges that in entering into these Terms and Conditions it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

1. Governing Law

These Terms and Conditions shall be governed by English Law and are under the exclusive jurisdiction of the English Courts.