Terms of service

TERMS AND CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01922452221.

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customeror you).
2. We are Gills Building Supplies Ltd a company registered in England and Wales under number 12962241 whose registered office is at Unit 75 Brickyard Road, Aldridge,  Walsall,  West Midlands, WS9 8SR  with email address sales@gillsbuildingsupplies.com; telephone number (01922452221) (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

Interpretation

1. Consumermeans an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
2. Contractmeans the legally-binding agreement between you and us for the supply of the Services;
3. Delivery Locationmeans the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
4. Goodsmeans any goods that we supply to you with the Services, of the number and description as set out in the Order;
5. Ordermeans the Customer's order for the Services from the Supplier as set out  in the Customer's order or in the Customer's written acceptance of the Supplier's quotation; 
6. Servicesmeans the services, including any Goods, of the number and description set out in the Order.

Services

1. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.
2. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3. All Services are subject to availability.
4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Basis of Sale

1. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
2. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
3. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted  or, if earlier, the Supplier's delivery of the Services to the Customer.
4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7   days  from its date, unless we expressly withdraw it at an earlier time.
5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Fees and Payment

1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
2. Fees and charges include VAT at the rate applicable at the time of the Order.
3. Payment for Services must be made at least  7  days in advance of delivery.   You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

1. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
   1. in the case of Services, within a reasonable time; and
   2. in the case of Goods, without undue delay and, in any event, not more than 30 calender days from the day on which the Contract is entered into.
2. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
3. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
   1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
   2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
4. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
5. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.
6. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
7. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
8. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
9. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
10. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal

1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

Conformity

1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
2. Upon delivery, the Goods will:
   1. be of satisfactory quality;
   2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
   3. conform to their description.
3. It is not a failure to conform if the failure has its origin in your materials.
4. We will supply the Services with reasonable skill and care.
5. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

1. The Contract continues as long as it takes us to perform the Services.
2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
   1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
   2. is subject to any step towards its bankruptcy or liquidation.
3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found The policy can be found on our website.
3. For the purposes of these Terms and Conditions:
   1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
   2. 'GDPR' means the UK General Data Protection Regulation.
   3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
4. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
5. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
   1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
   2. we will only Process Personal Data for the purposes identified;
   3. we will respect your rights in relation to your Personal Data; and
   4. we will implement technical and organisational measures to ensure your Personal Data is secure.
6. For any enquiries or complaints regarding data privacy, you can e-mail: sales@gillsbuildingsupplies.com.

Successors and our sub-contractors

1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

1. In the event of any failure by a party because of something beyond its reasonable control:
   1. the party will advise the other party as soon as reasonably practicable; and
   2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.

Excluding liability

1. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
3. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days

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.