Terms of service

BERWICK SAND SOIL & MINI MIX SUPPLY PTY. LTD.

1. Concrete is offered for sale under Australian Standard Specification AS 1379-1991 as amended unless otherwise stated on the face of the Delivery docket. Although the seller undertakes to supply concrete in accordance with A.S.Specification 1379-1991 as amended, if to do so necessitates the addition of a cooling agent, the cost therefore will be charges as an extra.

2. The concrete supplied is as detailed on the face of the Delivery docket, the seller is unable to accept responsibility in any respect of strength or any defect which may develop in any concrete supplied if:

a. Water is added to concrete on or before or after discharge from the delivery unit n instruction from the purchaser or his representative.

b. An admixture or dye is added to the concrete on site at the purchaser's instruction.

c. Such lack of strength or defect is due to faulty handling, placing or curing or defective job practice of the purchaser.

d. Plastic concrete is exposed to ambient temperatures of greater than 35C and/or strong drying winds.

3. The mix description will be detailed on the face of the Delivery docket and the customer must check same with concrete specifications supplied to the company, the company will accept no responsibility, it this check is not made at time of delivery.

4. The seller will not recognise test results from concrete supplied by it unless the concrete is sampled at the point of delivery and tested by a N.A.T.A. registered laboratory in accordance with Australian Standards A.S.1012. Production Testing in accordance with AS 3600 is automatically carried out. If "Project Testing" is requested the seller will institute a test programme which may be at the purchaser's expense. Unless otherwise agreed in writing, this service will be charged for in accordance with the seller's ruling rates at the time of delivery.

5. The seller cannot be liable for delay in delivery or non-delivery resulting from any cause beyond its control, including plant and delivery equipment breakdown, industrial stoppages and shortages of raw materials.

6. Delivery must be accepted and affected as soon as possible from the time of arrival of the delivery vehicle otherwise the seller shall be compensated for all detention at the seller's waiting time rate.

7. The seller reserves the right to charge:

a. for any concrete ordered of which the purchaser is unable to accept delivery, if the amended order is not received by the seller prior to the actual batching of the concrete;

b. for concrete rejected on the basis that the time between batching and discharge is in excess of that permitted by A.S. No. 1379-1971 as amended, or the specification covering the particular project.

c. for concrete which is returned from the site due to the purchaser's inability to use the full quantity ordered which will be subject to an additional charge at the seller's ruling rate to cover cartage, handling and disposal costs;

8. C.O.D. shall be deemed as cash or EFPOS before discharge of first truck unless prior arrangements have been arranged. Payment for delivery of concrete will be made on arrival before discharge in a form acceptable to the seller.

9. The seller undertakes to deliver the concrete to the kerb side of the job address stated at which point the seller's responsibility will cease. If, at the purchaser's request a vehicle crosses the kerb line in the course of effecting delivery, the purchaser is responsible for providing safe and adequate access and will pay for all damage to any public or private property and every injury or wrong which may result therefrom. Included in the purchaser's responsibility are costs associated with the seller's vehicle exiting the site.

10. The customer acknowledges and agrees that it is the responsibility of the customer to ensure that any concrete delivered by the company is on behalf of the company is placed within one and a half hours of leaving the company plant. The customer acknowledges that it is the responsibility of the customer to check each delivery vehicle as it arrives to ensure the placement of the concrete is aforesaid.

11. The customer agrees, for the purpose of washing down chutes, to provide areas complying with environmental legislation.

12. The company does not guarantee colour matching of concrete from load to load.

SPECIAL CONDITIONS FOR EXPOSED CONCRETE

13. The customer acknowledges and agrees that it understands and accepts that Berwick and Pakenham supply exposed concrete in a plastic or semi liquid form comprised of assorted materials including cement, aggregates, colour pigments, additives and admixtures mixed with the customer's selection or directions and the relevant Australian Standards.

14. PLEASE NOTE: No responsibility accepted or guarantee given for concrete that has an admixture or dye added at customer's request. No responsibility will be accepted for the early washing of the surface, which leaves the surface pitied and or uneven. No guarantee for colour can be given. Being a natural raw material the colour and grading will vary. Please be aware that there may be minor traces of small bluestone screening in the mix/twigs.

15. Aggregates vary in their reaction to exposure to the elements and that because of this Berwick or Pakenham Sand and Soil has no liability for any future colour changes or oxidation of aggregates that have been exposed.

WARNING: WORK SAFELY WITH CONCRETE

16. Why you should take care

When hardened concrete products are cut, drilled, sawed routed, chased, sanded, broken up or ground, silica dust may be released. Breathing silica dust over time may lead to lung diseases including bronchitis, silicosis and lung cancer.

Freshly mixed concrete may irritate eyes and skin and may cause dermatitis.

Protect yourself against breathing dust or getting it in your eyes, and against contact.

When cutting, drilling, sawing routing, chasing, sanding, breaking up or grinding hardened concrete products:

• Use suitable dust extraction equipment

• Wear protective clothing, wear a P2 dusk mask (AS/NZS 1715/1716) and eye protection (AS/NZS 1337)

When working with freshly mixed concrete:

• wear protective clothing, gloves (AS 2181) and eye protection (AS/NZS 1337)

First Aid:

• eyes and skin - wash with plenty of water

• dust breathed in - move straight to fresh air

Clean up every day:

• wash your work clothes often - it's best not to put them in the same wash with other clothes

• when working in an enclosed area wet and sweep OR dry-vacuum all dust collect solid waste and put all in a covered container - wear all protective gear

• follow local authority requirements for getting rid of waste.

17. During the washing process, contractors use water to wash off the top surface paste from the concrete. Ensure proper procedures are in place to capture and dispose of this product in an environmentally responsible manner. This must be implemented by the contractor. Berwick Sand and Soil and Pakenham Sand and Soil will not be held responsible should this water enter into the drainage system or waterways.

QUARRY/YARD PRODUCTS

1. Unless otherwise agreed in writing the company when giving any quotation or supplying any quarry materials shall not be taken to have approved any specification as given by the customer, or as representing that any quarry materials ordered or purchase are or will be suitable for any particular purpose and shall not be liable for any loss or delay (or any costs associated therewith) directly or indirectly resulting from any defects in or unsuitability of any specification or quarry material supplied by the company.

2. The seller undertakes to deliver to the kerbside of the job address stated at which pint the seller's responsibility will cease. If, at the purchaser's request the vehicle crosses the kerb line in the course of effecting delivery the purchaser is responsible for providing safe and adequate access and will pay for all damage to any public or private property and every injury or wrong which may result therefrom included in the purchasers responsibilities are costs associated with the sellers vehicle exiting the site.

3. Any product delivered with instructions to be left on the cross-over or footpath will become the responsibility of the customer. Berwick Sand & Soil and Pakenham Sand & Soil will not be held accountable for any loss, damages, injuries, council action that may arise from this delivery.

4. The delivery of materials involves exposure to inherent risks and dangers, including, without limitation:

• Cracked driveways

• Damage to grass/lawn, garden beds and any landscaping and fences

• Damage to structures and infrastructure, pavements

• Damages to power lines/phone lines

• Discoloration of driveways/walkways due to leaking fluids or other residue from delivery vehicle

• Discoloration of driveways/walkways where delivered materials are dispensed

QUARRY PRODUCTS

5. No responsibility will be accepted for any materials that leaves any discoloration on driveways or waterways.

6. Our soils are recycled products, blended using soil from excavation and may contain small traces or contamination. We therefore do not accept liability for direct or consequential costs associated with the detection and/or removal of any such contamination.

MULCHES

7. HEALTH WARNING: This product contains micro-organisms. Avoid breathing dust or mists - wear particulate mask if dusty. Wear gloves and keep product moist when handling. Wash hands immediately after use.

MATERIAL SAFETY DATA SHEETS

All material data sheets are available on request.

Please get in contact with your relevant retailer for this information to be sent to you.