Terms and Conditions of Use
Introduction
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Gills Building Supplies Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Gills Building Supplies Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Gills Building Supplies Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of Gills Building Supplies Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Gills Building Supplies Ltd.
Prohibited use
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Gills Building Supplies Ltd or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
- Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: and .
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that Gills Building Supplies Ltd makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Gills Building Supplies Ltd is under no obligation to update information on the Website.
- Whilst Gills Building Supplies Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Gills Building Supplies Ltd accepts no liability for any disruption or non-availability of the Website.
- Gills Building Supplies Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Gills Building Supplies Ltd accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
General
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
- The Contracts (Rights of Third Parties) Act 1999shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Walesand all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh
Gills Building Supplies Ltd details
- Gills Building Supplies Ltd is a company incorporated in England and Wales with registered number 12962241 whose registered address is unit 75 Brickyard Road, Aldridge, West Midlands, WS9 8SR and it operates the Website gillsbuildingsupplies.com. The registered VAT number is GB366887237.
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Gills Ultra Mix Concrete additional Terms and Conditions
WAITING TIME. Prices are quoted on the assumption that no unreasonable delay in discharge will occur. No waiting time will be charged for the first 30 minutes on site, waiting time applies thereafter unless otherwise agreed prior to delivery in line with current rates applied by Gills Ultra Mix Concrete. Please ensure that your building inspector has already signed off where required to mitigate delays where possible.
OUT OF HOURS: Our normal working hours are Monday to Friday 7:30 – 17:00 and Saturday 7.30 – 16:00, additional charges will be incurred outside these hours.
ACCESS. Each order is accepted by us on the understanding that your site can be approached by a hard road and it is a straight pour. Our driver is empowered to refuse delivery if in his opinion there exists a risk of damage to his vehicle, you being responsible for costs incurred if the delivery is aborted. We accept no liability for damage caused to your roads or property or other persons or property of others on the site by the use of the vehicle. You shall be liable to make good any damage caused to our vehicle, or harm to our personnel by reason of defects in the access road or negligence on the part of you or your employees.
WATER. Extra water affecting strength or workability will be noted on the Delivery Ticket/Invoice and is added only at the customer’s request and risk. Gills Ultra Mix Concrete accepts no responsibility for the quality of the concrete once water has been added above the requested workability instructed by the customer. Water in excess of the specification will render this mix non-conforming.
CANCELLATION. No charge will be made for cancellation by you up to 3 (three) hours before the time of departure except in the event where goods have been specially processed to meet your requirements, in this event you will be liable for expenses incurred by us. Consignments ordered and delivered to site must be paid for in full.
RETURNED CONCRETE. A disposal and handling charge will be charged for any volume returned as surplus to requirements. This is in addition to the charges for the ticketed volume of the material requested and produced.
DEFECTS. All concrete is supplied in accordance with a third-party quality management system. Concretes are described & quoted based on conformity with the ordered specification. Our liability in respect of defects in our ready mixed concrete (including failure to comply with specifications) is limited to the cost of removal and replacement. We can only accept such liability where you can establish that;-
No additional water or other material has been added to the product after it has been declared by our agent or employee as ready for acceptance.
The sample tested has been taken during discharge from our vehicle in accordance with the relevant clauses of BS1881 and BS5328.
All sampling, making, curing and testing of specimens has been carried out in accordance with the relevant clauses of BS1881 and BS5328.
Test results have been interpreted in accordance with BS5328 or any specification previously agreed by us. It should be recognised that for a well-controlled continuous production there is always a slight probability a result occurring below the compliance limit and that it is not normally possible to predict its occurrence.
References to the compressive strength in the specification shall unless otherwise agreed refer to compressive strength in concrete cubes, made, cured and tested in accordance with BS1881and BS5328.
You have notified us of any result indicating a possible failure to meet the specification as soon as the results are available to you.
We have been given the opportunity of investigating any alleged defect and of making any recommendations as to any remedial action to be taken.
CONSEQUENTIAL LOSS. We shall under no circumstances be liable for any consequential loss or damage.
DELAYS. We reserve the right to suspend or delay without penalty of any kind in the event of war, civil commotion, lockouts, fire, fog or any other inclement weather conditions, delays in any type of transport, non-availability, plant or truck breakdown or any accident or other case.
PRICE VARIATION. Quoted prices are based on the cost of materials and labour ruling at the date of quotation. In the event of fluctuation of costs we reserve the right to make corresponding variations in prices after giving due notice.
ACCEPTANCE. This quotation is conditional upon written acceptance to us within 7 (seven) days of the quotation date.
PAYMENT. We will on all orders take a holding amount on credit card. Quoted prices apply to payment by cash-on-delivery (COD) or previously agreed on credit arrangements or pre-payment on credit or debit card. We reserve the right to refuse to execute any order or discontinue any deliveries if the arrangements for payment or your credit is not satisfactory to us, or if your account is overdue for payment. You may not withhold payment.
CASH ON DELIVERY. The amount indicated on the face of the Delivery Ticket must be paid to the driver or sales office before materials can be discharged. Terms COD unless otherwise agreed.
CONDITIONS. Any contract resulting from acceptance of this quotation shall be subject to these Conditions of Sale and Delivery to the exclusion of any conditions which you seek to impose. No variation of these Conditions may be agreed except in writing over the signature of a Director of Gills Ultra Mix Concrete Limited.
AGREEMENT. Customer’s signature on our Delivery Ticket shall be deemed acknowledgement, agreement and acceptance of these Conditions of Sale and Delivery. By signing the Proof of Delivery, the customer is confirming that the product meets the requirement of their order, and that of the relevant regulatory and industry standards. Any concerns, defects, discrepancies or associated issues with our product and/or services must be reported to us within 24 hours of delivery.
All contracts for the sale of goods (which may be with or without services) between Gills Ultra Mix Concrete Limited and its customers incorporate exclusively the Gills Ultra Mix Concrete Limited Standard Terms and Conditions of Sale applicable to the relevant goods (and, if applicable, services). Contracts are concluded at the point of Order Acknowledgement and/or otherwise as specified in the standard Terms and Conditions of Sale.
You can contact Gills Building Supplies Ltd by email on sales@gillsbuildingsupplies.com.
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