N.A.P Grab Hire Ltd Terms & Conditions of Sale
1. Definitions
- 1 In these conditions “We”, “Us”, Our” shall refer to N.A.P. Grab Hire Ltd “You”, Your”, “Yours” shall refer to the Buyer or Customer “Contract” means the contract for the sale and purchase of the Goods (in which these conditions apply). “delivery or collection” means the delivery, collection or transport by vehicle of any aggregate, soil, waste as agreed by N.A.P Grab Hire Ltd (including any instalment of the Goods or any part of them) which the Seller is to supply pursuant to or in connection with the Buyer’s purchase order and the contract. “Service” means the service which the seller is to supply pursuant to or in connection with the Buyer or Customer’s purchase order and the contract. “vehicle” means N.A.P Grab Hire Ltd Grab Lorry or Tipper “equipment” means every item hired out to the Customer
- 2 Any reference in these Conditions to any provision of a statute shall be construed are a reference to that provision as amended, re-enacted or extended at the relevant time.
2. Acceptance and Amendment
- 1 These Terms & Conditions of Sale shall apply to all quotations, acceptances, agreements, deliveries and agreement/supply of services by Us and supersede any previous terms & conditions.
- 2 No other conditions, additions or modifications of these Conditions shall be binding on Us unless we agree thereto in writing and We shall not be deemed to accept such other conditions nor to waive any of these Conditions by failing to object to provisions contained in any purchase order or other communication from You.
- 3 We will require a credit application from You and in processing the credit application, You consent that We may make enquiries of credit reference agencies and other sources, who may keep a record of Our enquiry and that We may use any information obtained for the purpose of risk assessment, fraud prevention and occasional debt tracing.
3. Cancellation
- 1 We reserve the right to cancel a Contract between us if
- 2 We cannot obtain full payment for the Goods or Service You have ordered prior to delivery or collection.
- 3 We are unable to obtain enough stock as per order. In this instance We may offer an alternative but will seek authorisation from You prior to commencement.
4. Prices
- 1 Unless otherwise agreed in writing or stated on Our written quotation, the price payable by You for each delivery of Goods or Service shall be confirmed at the time of booking.
- 2 All prices quoted exclude VAT and will have VAT added at the appropriate rate
- 3 We shall have the right to increase prices at any time subject to reflect any increases in costs to Us (including without limitation costs of materials, labour, transport and services) prior to delivery or collection. Any change in delivery dates, quantities or specifications for the Goods/Service You request, or any delay caused by Your instructions or Your failure to give Us adequate or correct information or instructions.
5. Payment
- 1 Unless otherwise agreed in writing or stated on Our quotation or order acknowledgement, the full invoice amount shall be paid by You either prior to delivery or same day. The time of the payment shall be the essence of the Contract.
- 2 We reserve the right at any time before proceeding further with an order to demand full payment of monies due and payable under the Contract and under any other contract between Us and You.
- 3 If you default in any payment We may in addition to exercising the right contained in Condition 6.2 below suspend work, delay or withhold delivery or cancel the Contract or suspend work, delay or withhold delivery under or cancel any other Contract between Us and You and retain any progress payments or payments on account already received under the Contract or under any other Contract between Us and You.
- 4 If credit facilities have previously been agreed between Us and You, then We reserve the right to withdraw these at any time and without prior notice. We will periodically review any credit facilities and We reserve the right to make changes without prior notice. Failure to maintain regular payments or to settle the account and bring within agreed credit limit may result in legal action.
6. Delivery
- 1 Time of delivery is not of the essence of the Contract and any time or date specified by Us at the time at which or the date on which the Goods will be delivered or collected is given and intended as an estimate only and We shall not be liable for any loss, damage or expense howsoever arising from delay in delivery or collection.
- 2 Our equipment used for delivery or collection to the site in the quantity specified on order, if You fail to take delivery of Goods/Service or fail to give Us adequate delivery instructions at the time stated for delivery we will charge for a wasted journey charge cost of approximately £100 depending on location
- 3. You shall provide suitable access to the site, a suitable area for siting the vehicle and suitable facilities for turning the vehicle around. By accepting the booking, You will accept liability for any damage caused to site or Our owned equipment or vehicles
- 4 Our driver of Our vehicle may in his discretion refuse delivery or collection if he believes access to the site, turning facilities or the site in general is unsafe or likely to cause damage to thevehicle or Our equipment or if the proposed area for siting the equipment is unsuitable, a wasted journey charge cost of approximately £100 depending on location will be charged.
- 5 It is an offence to overload our Grab Lorries
- 6 You shall be responsible for the safety of any person (including employees of Ours) whilst on or about the site.
- 7 Should delivery or collection result in closure or part closure of a public highway, You shall be liable for application to do so
- 6 We allow up to 30 minutes collection time, any additional time on site maybe be charged as extra at Our discretion.
- 8 All deliveries are charged as load tipped or as per tonnage at point of order. Additional charges will apply for a crane delivery.
7. Risk
- 1 Risk of any damage to Our equipment or vehicles and any loss of Goods shall pass to You from the time that the equipment first arrives on site and remain with You until work is completed and Our vehicle and equipment leaves the site.
8. Vehicle Loading
- 1 You shall conform to any statutory enactments, bye-laws and regulations of local or other statutory authorities which apply to the vehicle.
- 2 You shall not overload or overfill the vehicle.
- 3 You have agreed that the vehicle is suitable to contain and transport the waste in the quantities specified. We rely on Your order as to the quantities and weight of waste being collected. Anything miscalculated or outside of this may be subject to further load charges.
- 4 You shall sign a Transfer Note per load.
- 5 We will be entitled to refuse to deal with any material for which we have reason to believe is toxic, poisonous, flammable, explosive or otherwise dangerous.
9. Disposal
- 1 We will use all reasonable endeavours to satisfy ourselves that any disposal site used to dispose of Your waste, is disposed of in accordance with statutory requirements, however, We accept no liability whatsoever for any third party’s failure to operate.
10. Cancellation Policy
- 1 We reserve the right to cancel the contract between us if
- 2 We cannot obtain payment for the Goods/Service You have ordered
- 3 We are unable to obtain sufficient stock of the product ordered
- 4 We reserve the right to charge for a failed delivery or collection charge of approx £100 depending on location if You do not cancel the order/delivery/collection prior to the vehicle being dispatched.
- 5 We take no responsibility for excess aggregate orders. Should You require the excess to be removed, a removal charge will be applied.
11. Liabilities
- 1 You shall make good any loss or damage to Our vehicle or equipment caused by You, any act, omission or negligence of You, You’re agents or employees
- 2 refer to 6 and 6.1
12. Notices
Any notice given hereunder must be in writing, given to the party for whom it is intended for the address for that party has provided and may be effected by personal delivery, fax or by registered posted mail and (subject in each case, to proof that such notice was properly addressed and dispatched) if effected by fax shall deemed to be received on the day of sending and if effected by post shall be deemed to be received 48 hours after the date of posting, if effected by email one working day after the date of the email.
13. No Assignment
The Contract shall be personal to You and shall be considered as a waiver of any subsequent breach of the same or any other provision.
14. No Waiver
No wavier by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent of the same or any other provision.
15. Governing Law
The Contract (and these Conditions) shall be governed by and construed in accordance with the laws of England.
16. Complaints Procedure
In the unlikely event of any damages reported, photographic evidence is required on same day via email.