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Terms and Conditions of Sale Minimize

Please review Hanson's Terms and Conditions of Sale for all premixed concrete and aggregates products.

A. General information (concrete strength, aggregates etc)

1. These terms and conditions of sale of Hanson Construction Materials Pty Ltd (ABN 90 009 679 734) (“Hanson”) apply whenever concrete and/or aggregates are supplied by Hanson. At the time of ordering the Customer shall specify those properties, such as strength grade, aggregate size, and all other properties which the concrete and/or aggregates is required to possess. The concrete and/or aggregates supplied shall generally comply with the relevant Australian Standard. Compliance with any temperature limitations is excluded unless specifically agreed in writing by Hanson.

 

2. Unless otherwise agreed in writing, Hanson when giving any quotation or supplying any concrete and/or aggregates shall not be taken to have approved any specification as being suitable for any particular purpose and shall not be liable for any loss or delay or any costs associated therewith resulting from any defects in or unsuitability of the specification.

 

3. Testing of concrete and/or aggregates will not necessarily be carried out, unless ordered by the Customer. If ordered, the Customer will pay Hanson's ruling rates. If the results of any testing are to be used in any claim against Hanson, the testing shall comply with the applicable Australian Standard.

 

4. Hanson shall not be liable for and is hereby indemnified by the Customer in respect of any direct or indirect loss or damage or any claimsmade by or through the Customer or any third party which arise out of these terms and conditions or any defects, shrinkages or other faults which may exist or develop in the concrete and/or aggregates and which are due to:

 

(a) faulty handling, placing or curing of the concrete and/or aggregates by the Customer or any other person;

 

(b) the addition of any water or othermaterial to the concrete either before or after discharge from the delivery vehicle without the written instructions of an authorised representative of Hanson. Drivers of delivery vehicles shall not, for any purpose arising under these terms and conditions, be deemed to be representatives of Hanson;

 

(c) the addition of any additives to the concrete at the request of the Customer, unless an authorised representative of Hanson confirms the request in writing;

 

(d) the time taken for the placement and compaction of concrete delivered to the Customer not being in accordance with AS 1379;

 

(e) delay in delivery or non-delivery which is attributable to transport delays, plant or equipment breakdowns or malfunction, unavailability or shortage of materials, industrial stoppages, governmental actions or any other cause which is beyond the control of Hanson;

 

(f) the effect of any weather conditions including but not limited to heat, rain,wind or hail; or

 

(g) the construction or site practices of the Customer or any other act or omission of the Customer or a third party.

 

5. Concrete contains materials of Hanson's choice, unless otherwise stated. The strength characteristics of the concrete are those shown on the face of the delivery docket. The Customer is solely responsible for ensuring that the strength shown accordswith the required specification.

 

6. Unless otherwise stated, concrete prices are based on a nominal slump of 80mm. Nominal slumps other than80mmwill be charged at Hanson's ruling rates.

 

B. Delivery

 

1. Delivery must be accepted by the Customer and discharge completed as soon as possible after the arrival of the delivery vehicle on site. If discharge is not completed within Hanson's set time limit after arrival on site, waiting time in excess thereof will be charged at Hanson's ruling rates.

 

2. Delivery will only be made to the kerbside. If at the request of the Customer the delivery vehicle enters the job area Hanson shall not be liable for, and is hereby indemnified by the Customer in respect of any claimsmade by or through the Customer or any third partywhich arise out of such entry or by the presence of the vehicle in the job area.

 

3. Returned concrete shall be charged to the Customer at Hanson's ruling rates, together with any cartage costs and/or dumping fees.

 

C. Price and payment

 

1. The price stated is based on current costs for transport, labour and materials, and Hanson may at its sole discretion adjust the price accordingly in the event of any variation to any of these costs prior to delivery.

 

2. Surcharges at Hanson's ruling rates are payable in the event of the Customer requiring loading outside normal hours and/or small loads.

 

3. The amount charged is based upon the quantities shown on the face of the delivery docket. Prior to delivery the Customer shall sign the delivery docket and by signing the Customer becomes bound by the information shown thereon and any claims in relation to quantity delivered must bemade in writing to Hansonwithin 7 days of delivery.

 

4. (a) The Customer shall pay the price to Hanson prior to delivery or within any credit period agreed in writing. All amounts not paid within the agreed credit period shall bear interest at the reference rate charged by Hanson's principal bankers from invoice date until payment, plus all costs which may be incurred by Hanson in relation to the exercise of its rights under these terms and conditions. All amounts received by Hanson will be credited first against costs and then against the said interest and costs.

 

(b) If the Customer fails to comply with its obligations under these terms and conditions Hanson shall have the right at its option: (i) to suspend further performances of its obligations hereunder until the later of payment (plus interest as aforesaid) or settlement of the dispute; and/or (ii) to terminate the contract of sale at any time, in either case without affecting any right or remedy of Hanson.

 

(c) In the event of orders being placed and then cancelled the Customer will pay to Hanson the costs incurred up to the time of cancellation.

 

5. Property in the goods shall not pass to the Customer until payment in full of all monies owed by the Customer to Hanson, and Hanson reserves the right to take possession of and dispose of the goods as it sees fit, at any time, until full payment has been made. Immediately upon delivery, the Customer accepts responsibility for the goods supplied.

 

6. In the event of any dispute arising between Hanson and the Customer, the Customer shall forthwith pay to Hanson the amount claimed by Hanson to be held by Hanson until settlement of the dispute.

 

7. For aggregates, if price is stated on a volumetric basis, the pricewill be based on a loose uncompacted volume as measured in the truck body at the place of loading.

 

8. All payments under these terms and conditions have been calculated without regard to GST, unless otherwise stated. If the whole or any part of any payment is the consideration for a taxable supply for which the payee is liable to GST, the payermust pay to the payee an additional amount equal to the GST amount, on receipt of a tax invoice. Terms used in this clause have the meaning given to them in the GST Law, as defined in A New Tax System (Goods and Services Tax) Act 1999.

 

D. General

 

1. Any reference to the Customer in these terms and conditions includes the employees, agents, sub-contractors, successors, assignees of, and any entity claiming through or under the Customer. The actions or signatures of any person appearing to have the authority of the Customer so to do shall bind the Customer to the extent permitted by law.

 

2. For deliveries to "Consumers" as defined by section 4B of the Trade Practices Act 1974, Hanson's liability for a breach of a condition orwarranty implied by Division 2 of Part V of that Act (other than section 69) is limited to any of the following, at Hanson's election: (i) in the case of goods, the replacement, repair or payment of the cost of replacement or repair of the goods; and (ii) in the case of services, supplying the services again or payment of the cost of having the services supplied again.

 

3. Subject to Clause D2, Hanson's maximum liability to the Customer in tort or contract or in any way whatsoever for loss or damage of every kind in relation to defective or nonconforming or non-complying goods is limited to supplying replacement of any defective or non-conforming or non-complying goods, and steel reinforcement and formwork directly affected. Hanson shall not be liable for any claim by the Customer in respect of any matter arising out of the supply of goods unless a fully particularised claim is lodged in writing with Hanson not later than three months after the occurrence of the events or circumstances on which the claim is based. All conditions or warranties which would be implied into these terms and conditions by law or statute are excluded unless such exclusion is forbidden or made void by statute. Hanson shall not in any circumstances be liable for any loss of revenue, income, rents, profit, use, opportunity, productivity, delay costs, liquidated damages or for any indirect or consequential loss incurred by the Customer arising from the supply of the goods by Hanson.

 

4. A statement signed by Hanson's authorised representative certifying the amount of any increased costs or other claim by Hanson shall in the absence of manifest error be conclusive and binding.

 

5. If the whole of any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction, the provision (or part thereof, as the case may be) is severed for that jurisdiction. The remainder of these terms and conditions will have full force and effect and the validity or enforceability of that provision (or part thereof) in any other jurisdiction is not affected.

 

6. Hanson may record telephone conversations between the Customer and Hanson and the Customer consents to such recordings being made and disclosed by Hanson.

 

7. A copy of Hanson's privacy policy is available on request.

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