Terms & Conditions
Registered Company
Bliss Aggregates.com Ltd
Registered Address
30a Branton Hill Lane, Aldridge, Walsall, West Midlands. WS9 0NS
Company Reg. No,
6437877
TERMS & CONDITIONS OF SALE.
For the purpose of this document, the following definitions will apply:-
"The Company" = Bliss Aggregates.com Ltd.
"The Office" = The office of Bliss Aggregates.com Ltd. at 30a, Branton Hill Lane, Aldridge, Walsall, West Midlands, WS9 0NS.
"The Supplier" = A company or individual from whom Bliss Aggregates.com Ltd. may purchase a material and/or service.
"The Customer" = A company or individual to whom Bliss Aggregates.com Ltd. may sell a material and/or service.
"The Site" = The location as stipulated by The Customer as the point of delivery or where the work stipulated by the Customer is to take place.
"The Tip" = The Landfill facility operated by The Company at Branton Hill Lane, Aldridge.
"Chargeable Hire Period" = The number of hours on hire for which The Customer is chargeable.
"The Personnel" = Drivers, Operators, or other such personnel hired by The Company to The Customer.
SALES
S001.00 - Cancellation of Customers' orders placed with the Company.
S001.01
If a Customer wishes to cancel an order which has already left or, arises after the driver has been detailed to complete the order and cannot be contacted in order to prevent him completing the delivery or, the driver is in transit to collect the material from a source where no alternative material can be loaded to justify his journey, and thus unrecoverable costs are accrued, The Company reserves the right to levy a charge against the customer which will be payable in all instances deemed appropriate by The Company.
S002.00 - Deliveries to Customers' sites.
S002.01 - Tipping points.
All deliveries are made onto, or as to near to, the required tipping point as the Company's vehicles can approach with safety.
S002.02 - Delivery vehicles.
Unless The Customer specifies to the contrary when placing an order, the Company does not guarantee to exclusively use its own transport, or transport from an ISO9002, (or any other Quality Assurance System) haulier, or from a haulier that operates to the same standards as The Company. As a minimum requirement however, The Company only uses vehicles which reasonable investigations reveal to be operating legally and within parameters of reliability as deemed appropriate by The Company.
If a haulier who is not operating under The Company makes a delivery on behalf of The Company’s Quality Assurance System, this is indicated on the Delivery Ticket. This is denoted by ticking the box by the text which states "Tick box if Clause S002.02 of Bliss Aggregates.com Ltd. Terms & Conditions applies".
S002.03 - Suspension of Deliveries.
The Company reserves the right to suspend deliveries to sites, without prior notice, if it considers its position may be prejudiced. This event may occur in situations such as civil commotion, strikes, lockouts, fire, adverse weather conditions, non-availability of materials or transport, non-payment of account, or any other scenario considered by The Company to justify such action.
S002.04 - Damage caused whilst acting under The Customer's instructions.
The Company accepts no responsibility whatsoever for any damage caused to The Customer's property when gaining access to The Site, and operating under The Customer's instructions of either an explicit or implicit nature.
S002.05 - Tipping of loads.
Loads are deposited at, or as near to, the position required by The Customer as vehicles can approach with safety. If The Company's personnel consider that damage may be caused to property not belonging to The Customer, he/she has the authority of The Company to refuse to complete the delivery.
S002.06 - Delivery times.
Whilst every effort is made to comply with The Customers' requests for timed deliveries, The Company cannot accept responsibility for costs incurred which arise from late deliveries.
S002.07 - Waiting Time charges.
Where a vehicle is delayed either on the site, or gaining access to the site, or a combination of these, for a period in excess of fifteen minutes, The Customer will be liable for a "waiting time" charge at the discretion of The Company. The Customer is deemed to accept this charge by signing in the appropriate place on the Delivery Ticket. (See also Clause S009.03)
S002.08 - Responsibility for loads.
Any load deposited becomes the responsibility of The Customer once unloaded. Any claims, costs or otherwise arising from the tipping of loads as instructed by The Customer will be the sole responsibility of The Customer.
S003.00 - Customer's inspection and approval of materials and/or services.
All materials and/or services are sold as inspected and approved at the time of delivery to The Customer's site, or if collected, at the time of collection. The Customer's signature on the ticket signifies his/her approval.
Directors:
J.S Bliss, S.W Morgan
S004.00 - Legal title of goods.
Until full payment has been received by The Company for all goods whatsoever supplied, (and all services rendered) at the time by The Company to The Customer:-
[a] Property in the goods shall remain in The Company and The Customer at all times will be a fiduciary owner of the goods on behalf of The Company and therefore subject to sub-clause (c) below will not sell, pledge, charge or otherwise encumber the goods. On receipt of the goods, The Customer shall store them separately enabling their identification;
[b] Should the goods (or any of them) be converted into a new product, used in the manufacture or construction of some other goods, or processed in any way, whether or not such conversion, manufacture, construction or process involves the admixture of any other goods or thing in whatsoever proportions, then the conversion, manufacture construction or process shall be deemed to have been effected on behalf of The Company and The Company shall have full legal and beneficial ownership in the aforesaid goods and The Customer will be a fiduciary owner of the aforesaid goods. Provided always that The Customer does not accept any liability whatsoever in respect of such aforesaid goods in relation to any Third Party and The Customer hereby indemnifies The Company in relation thereto. The Customer shall store the converted, manufactured, constructed or processed goods separately enabling their identification;
[c] Subject to sub-clauses [d] and [e] below, The Customer shall be at liberty to sell the goods and the new goods referred to in sub-clause [b] above in the ordinary course of its business on the basis;
i. that the proceeds of sale shall belong to The Company to whom The Customer shall account; and
ii. that The Customer, if The Company so requires, shall hand over to The Company the claims it has against The Customer arising from the supply of goods to The Customer by The Company.
[d] The Company may at any time revoke The Customer's power of sale by notice to The Customer, if The Customer is in default in the payment of any sum whatsoever due to The Company (whether in respect of the goods or any other goods supplied or services rendered at any time by The Company to The Customer or for any other reason whatsoever) or if The Company bona fide believes the Customer to be insolvent;
[e] The Customer's power of sale shall automatically cease if a Receiver is appointed over any of the assets or the undertaking of The Customer or a Winding-Up Order is made against The Customer or The Customer goes into voluntary Liquidation (otherwise than for the purpose of reconstruction or amalgamation) or causes a meeting of or makes arrangements or composition with creditors or commits an act of Bankruptcy or allows execution to be levied against its goods;
[f] Upon the determination of The Customer's power of sale under sub-clauses [d] and [e] above, The Customer shall place the goods and the new goods referred to in sub-clause [b] above at the disposal of The Company who shall be entitled to enter upon the premises of The Customer for the purpose of removing and to remove the aforesaid goods and new goods from the premises.
S005.00 - Credit Terms.
S005.01 - Due dates for payment.
Any debt incurred by The Customer to The Company for goods and/or services supplied on a credit basis will be cleared by the end of the month following the month of invoice. The only exception to these terms will be when such an exception is given to The Customer by The Company in written form. In all other instances, the previously stated terms will apply. The Company reserves the right to charge interest on any monies not cleared within these terms at a rate of 3% over and above the current Bank of England Base Rate.
S005.02 - Invoice queries.
Any and all queries against invoices must be made within fourteen days of the date of invoice. Unless this occurs, The Company reserves the right to declare any query invalid.
S005.03 - "Set off" of debts.
Unless otherwise agreed in writing, The Company’s invoices shall not be liable to any set-off terms concerning reciprocal debts, credits, queries, retentions or any counter claim of any nature whatsoever.
S005.04 - Currency of Credit Accounts.
The Company reserves the right to withdraw any Credit account facilities offered to any Customer should it consider that either:-
[a] The account is not being maintained in a satisfactory condition.
[b] The account has not been used within a rolling twelve-month period.
S006.00 - Material designation.
There is no designation of material either implicitly or explicitly contained in the description stated on the Delivery or Collection Ticket other than that which is stated. No British Standard or similar standard is to be considered implicit unless this is clearly stated as part of the material description.
S007.00 - Site operations.
It is a condition of acceptance of an order that the Customer fully and unreservedly accepts the following:-
[a] Whilst working on The Site, either when delivering there or when undertaking work as directed by The Customer, The Company shall not in any way whatsoever be liable for any damage caused to property, mains, overhead or underground cables, or other such items when operating under The Customer's instructions, and The Customer will indemnify The Company against any claim for any such damage.
This therefore means that it is the sole responsibility of The Customer, or his/her agent, to ensure that activities which they request operatives of The Company to undertake will not cause damage, annoyance or any other problem which may otherwise be considered the responsibility of The Company.
[b] If a machine is hired by The Customer to work on The Site, it is The Customer's responsibility to ensure that The Site is in a fit and proper condition to allow the machine to operate safely. If a tyred machine is hired, and a puncture occurs on The Site, The Company reserves the right to levy any accruing costs for repair, loss of use or replacement from The Customer.
[c] Whilst a machine is on hire to The Customer, on The Site, or working under The Customer's direction, any damage caused to the machine due to following the instructions of The Customer is chargeable to The Customer.
S008.00 - The Tip.
S008.01 - Site Instructions.
The Customer must obey all instructions given by the employees of The Company.
S008.02 - Materials deposited on The Tip.
All materials deposited on The Tip are the property of The Company. The Company reserves the right to prosecute anyone caught removing items.
S008.03 - Site Licence compliance.
Anyone found to be depositing materials inconsistent with the regulations of The Tip may be liable to prosecution and to reimburse The Company for any and all costs accrued in the removal of such materials and their depositing on appropriate facilities.
S008.04 - Acceptance of Own Risk.
All drivers and other persons entering, and or using, The Tip do so at their own risk.
S008.05 - Loss, Damage and Injury.
The Company accepts no liability for any loss, damage or injury occurring whilst on The Tip.
S008.06 - Permission to enter facility.
Authorisation to enter The Tip is given when The Customer or his/her agent has reported to The Weighbridge Office, and has been issued with a Ticket.
S008.07 - Exclusion from The Tip.
The Company reserves the right to exclude any Customer or individual from The Tip whom they feel it necessary so to do, with, or without prior notice.
S008.08 - Documentation.
It is the responsibility of The Customer to ensure that he/she or his/her agents ensure that all documentation involved in the depositing of materials onto The Tip is correct. This includes an accurate description of the contents of all loads. If such information proves to be inaccurate in any way, The Customer is bound to remove the load if requested so to do by The Company. Alternatively, The Company reserves the right to levy any due costs for the removal of such material, and any other accruing costs from The Customer.
S008.09 - Observation of Licence conditions.
It is the responsibility of The Customer to ensure that he/she and/or his/her agents are fully aware of obligations to The Company when using The Tip.
S009.00 - Quotations.
S009.01 - Price identification.
Any quotation issued by The Company is relevant only for the site location and materials listed. No other prices should be inferred from the details given.
S009.02 - V.A.T.
All prices quoted are exclusive of VAT. Such VAT, where applicable, is chargeable at the current prevailing rate.
S009.03 - Waiting Time charges.
Prices quoted are given on the assumption that drivers and vehicles will not be delayed on site whilst making deliveries. Any Customer receiving a delivery where a driver or vehicle is delayed for a period of time exceeding fifteen minutes will be liable for a "waiting time" charge at the discretion of The Company. The Customer is deemed to accept this charge by signing in the appropriate place on the Delivery Ticket. (See also Clause S002.07)
S009.04 - Period of Currency.
The period of currency for quotations is sixty days. Unless otherwise stated in writing, after a period of sixty days from the date of quotation, any prices quoted will be considered invalid, and liable to re-quotation. Any price increases applied by The Company during the period of currency of any quotation will be applicable in full. The only exception to this is where an exemption is given in writing on any quotation. (See Clause S010.03).
S009.05 - Acceptance of Quotations.
Prices offered in quotations are deemed accepted by The Customer when an order is placed with The Company before the end of the period of currency of the quotation. Such placement of an order means that the prices offered and accepted extend beyond the period of currency of the quotation, and remain current until subject to any price increase.
S010.00 Price Increases.
S010.01 - General.
Price increases levied by The Company will apply to all Customers and all Sites without exclusion. The Customer is deemed to accept any and all price increases levied by The Company, by the continuing ordering or utilisation of The Company's services. The only exceptions to this, are where prior agreement has been made in writing.
S010.02 - Notification of Price Increases.
Notification to The Customer of price increases by The Company will normally be done by means of letter. The standard letter will be addressed to "The Buying Department" of The Customer's address. It is deemed that The Customer will then notify all other relevant persons of The Company's price increase.
Such method of notification by The Company is deemed as effective, and claims of non-receipt of notification of price increases will not be accepted as valid reasons for exemption.
The Company will always endeavour to make best efforts to ensure that The Customer is given maximum notification of any and all price increases. The Company however, does not guarantee to give any minimum period of notification.
S010.03 - Price Increases and Quotations.
Any price increase by The Company will be applied in full in all cases to any and all current quotations. The only exception to this will be where an agreement has been made in writing. (See Clause S009.04).
S010.04 - Refunds.
Refunds may be available at the discretion of the company management.
S011.00 - Hire of Vehicles.
S011.01 - General
The Customer fully, and without exclusion, accepts the conditions laid out in Clause S007.01.
S011.02 - Travelling Time, Single Day Hire.
On all periods of hire which are completed within one day, The Customer will be subject to a "Travelling Time" charge for the vehicle travelling from The Company's premises to The Site, prior to the Chargeable Hire Period commencing. Such charge will comprise of a minimum of 30 minutes. Any variation in this charge will be transmitted to The Customer, either at the time of quotation, or at the time the order for hire is placed with The Company, prior to the hire commencing. At the completion of the Chargeable Hire Period, The Customer will be subject to a "Travelling Time" charge for the vehicle returning from The Site, or point at which the period of hire is terminated, to The Company's premises. Such charge will comprise of a minimum of 30 minutes. Any variation in this charge will be transmitted to The Customer, either at the time of quotation, or at the time the order for hire is placed with the Company, prior to the hire commencing.
S011.03 - Travelling Time, Multi Day Hire.Where a period of hire extends further than one day, that is it occupies time covering two or more consecutive days, The Customer accepts totally and without reservation to pay the "Travelling Time" charges as described in Clause S011.02 on each and every day of the period of hire. The only exception to this situation will be where an agreement has been made between The Company and The Customer to leave the vehicle(s) on The Site. Such an agreement will, in all circumstances, involve The Customer guaranteeing the safety, security and integrity of the vehicle(s) whilst the Company's drivers are not in attendance. Further, it will also involve The Customer providing insurance cover for the vehicles to a level considered satisfactory by The Company. Written evidence of such insurance will be provided to The Company by The Customer as an integral part of the agreement. In the event of such an agreement being concluded, "Travelling Time" charges will only be chargeable for the initial journey from The Company's premises to The Site on the first day of the period of hire, and for the journey from The Site, or point at which the period of hire is terminated, to The Company's premises.
It is the sole responsibility of The Customer to instigate and pursue such an agreement as described above if they wish it. Failure to conclude such an agreement will automatically mean that The Customer accepts the "Travelling Time" charges as stated.
S011.04 - Commencement of Chargeable Hire Period.
If a start time for the Chargeable Hire Period has been stipulated by The Customer and agreed to by The Company, the Chargeable Hire Period will commence at either the time The Customer has requested the vehicle(s) to arrive on The Site, or the time the vehicle(s) arrive on The Site, whichever is the later.
If no start time for the Chargeable Hire Period has been stipulated by The Customer and/or agreed to by The Company, the Chargeable Hire Period will commence at the time the vehicle(s) arrive on The Site.
Unless previously agreed to as here mentioned in this Clause, no Chargeable Hire Period will begin before 7.30 a.m..
S011.05 - Conclusion of Chargeable Hire Period.
The conclusion of the Chargeable Hire Period will be deemed to be the point at which the vehicle is no longer acting under the instruction of The Customer or his/her agent.
S011.06 - Breaks within Chargeable Hire Period.
The Chargeable Hire Period will contain a break of 45 minutes which will be taken at a time to allow the Driver to take a Lunch-Break. This break will be taken in all instances to facilitate the compliance with Drivers' Hours legislation. Such a break will not be chargeable to The Customer, and will be indicated as such on the ticket signed by The Customer or his/her agent at the completion of the Chargeable Hire Period.
Any other breaks within the Chargeable Hire Period will be chargeable in full.
S011.07 - Minimum chargeable period of hire.
Unless agreed to prior to the period of hire commencing, The Customer shall be liable to pay for a minimum period of hire of 9 hours. Such charge to include all Travelling Time charges, the Chargeable Hire Period, and taking into account the non-chargeable break as stipulated in Clause S011.06.
The only variation in this minimum period of hire charge will be where such a variation has been agreed to either at the time of quotation, or at the time the order for hire is placed with The Company, prior to the hire commencing.
S011.08 - Extra Charges.
The cost of repairing any damage caused to the vehicles due to the condition of The Site, or to acting under the explicit or implicit instructions of The Customer or his/her agent will be chargeable to The Customer. Further, if punctures occur to a vehicle in the above-stated circumstances of this Clause, The Customer, at the sole discretion of The Company, will be liable for a charge for Personnel Hire whilst the vehicle is inoperative. Such a charge will be equivalent to 50% of the hire charge of vehicle and driver.
S012.00 - Hire of Plant.
S012.01 - General
The Customer fully, and without exclusion, accepts the conditions laid out in Clause S007.01.
S012.02 - Plant Travelling Time, Single Day Hire.
On all periods of hire which are completed within one day, The Customer will be subject to a "Travelling Time" charge for the plant travelling from The Company's premises to The Site, prior to the Chargeable Hire Period commencing. Such charge will comprise of a minimum of 30 minutes. Any variation in this charge will be transmitted to The Customer, either at the time of quotation, or at the time the order for hire is placed with The Company, prior to the hire commencing. At the completion of the Chargeable Hire Period, The Customer will be subject to a "Travelling Time" charge for the plant returning from The Site, or point at which the period of hire is terminated, to The Company's premises. Such charge will comprise of a minimum of 30 minutes. Any variation in this charge will be transmitted to The Customer, either at the time of quotation, or at the time the order for hire is placed with The Company, prior to the hire commencing.
S012.03 - Plant Travelling Time, Multi Day Hire.
Where a period of hire extends further than one day, that is it occupies time covering two or more consecutive days, The Customer accepts totally and without reservation to pay the "Travelling Time" charges as described in Clause S011.02 on each and every day of the period of hire. The only exception to this situation will be where an agreement has been made between The Company and The Customer to leave the vehicle(s) on The Site. Such an agreement will, in all circumstances, involve The Customer guaranteeing the safety, security and integrity of the plant whilst The Company's drivers are not in attendance. Further, it will also involve The Customer providing insurance cover for the plant to a level considered satisfactory by The Company. Written evidence of such insurance will be provided to The Company by The Customer as an integral part of the agreement. In the event of such an agreement being concluded, "Travelling Time" charges will only be chargeable for the initial journey from the Company's premises to The Site on the first day of the period of hire, and for the journey from The Site, or point at which the period of hire is terminated, to The Company's premises.
It is the sole responsibility of The Customer to instigate and pursue such an agreement as described above if they wish it. Failure to conclude such an agreement will automatically mean that The Customer accepts the "Travelling Time" charges as stated.
S012.04 - Delivery and Removal of Plant by Third-Party Equipment.
If plant is delivered to, or collected from, The Site, by Low Loader or similar third-party equipment, The Customer shall be liable to pay such delivery/collection charges as deemed appropriate by The Company. The Customer prior to the period of hire on request can obtain a quotation for this charge.
S012.05 - Commencement of Chargeable Hire Period.
If a start time for the Chargeable Hire Period has been stipulated by The Customer and agreed to by The Company, the Chargeable Hire Period will commence at either, the time The Customer has requested the plant to arrive on The Site or, the time the plant arrives on The Site, whichever is the latter.
If no start time for the Chargeable Hire Period has been stipulated by The Customer and/or agreed to by The Company, the Chargeable Hire Period will commence at the time that the plant arrives on The Site.
Unless previously agreed to as here mentioned in this Clause, no Chargeable Hire Period will begin before 7.30 a.m..
S012.06 - Conclusion of Chargeable Hire Period.
The conclusion of the Chargeable Hire Period will be deemed to be the point at which the plant is no longer acting under the instruction of The Customer or his/her agent.
S012.07 - Breaks within Chargeable Hire Period.
The Chargeable Hire Period will contain a break of 30 minutes which will be taken at a time to allow the Operator to take a Lunch-Break. This break will be taken in all instances, and will not be chargeable to The Customer. This will be indicated as such on the ticket signed by The Customer or his/her agent at the completion of the Chargeable Hire Period.
Any other breaks within the Chargeable Hire Period will be chargeable in full.
S012.08 - Minimum chargeable period of hire.
The Company operates a minimum chargeable period of hire system. Such periods are either four hours or eight hours. If The Customer hires the plant for a day, or a non-specified period, The Company will levy a minimum charge of eight hours where the Chargeable Hire Period, including all Travelling Time charges and taking into account the non-chargeable break as stipulated in Clause S011.06, does not exceed eight hours.
If The Customer specifies, and The Company agrees to, a hire period of either a morning or an afternoon only, then the minimum charge of four hours will apply where the Chargeable Hire Period, including all Travelling Time charges and taking into account the non-chargeable break as stipulated in Clause S011.06, does not exceed four hours.
If, when a hire of a morning only has been requested by The Customer, and agreed to by The Company, the hire period exceeds the requested period, The Company shall be entitled to charge for a minimum hire period of eight hours.
The only variation in this minimum period of hire charge will be where such a variation has been agreed to either at the time of quotation, or at the time the order for hire is placed with The Company, prior to the hire commencing.
S012.09 - Extra Charges.
The cost of repairing any damage caused to the plant due to the condition of The Site, or to acting under the explicit or implicit instructions of the Customer or his/her agent will be chargeable to The Customer. Further, if punctures occur to the plant in the above-stated circumstances of this Clause, The Customer, at the sole discretion of The Company, will be liable for a charge for Personnel Hire whilst the plant is inoperative. Such a charge will be equivalent to 50% of the hire charge of plant and driver.
S013.00 - Hire of Personnel.
S013.01 - General
The Customer fully, and without exclusion, accepts the conditions laid out in Clause S007.01.
It shall be at the sole discretion of The Personnel to decide whether an operation which he/she has been instructed to carry out by The Customer or his/her agent is safe. This refers to all aspects of the operation, including the safety, capability and condition of any plant being operated, and to the condition of The Site. Should The Personnel consider that any facet of the operation is, in any way, unsafe, The Customer will respect this judgement, and unless a satisfactory alternative can be found, the period of hire will terminate and The Customer will be liable to pay the minimum chargeable period of hire as laid out in Clause S012.08
S013.02 - Travelling Time.
On all periods of hire, The Customer will be subject to a "Travelling Time" charge for The Personnel travelling from the Company's premises to The Site, prior to the Chargeable Hire Period commencing. Such charge will comprise of a minimum of 30 minutes. Any variation in this charge will be transmitted to the customer, either at the time of quotation, or at the time the order for hire is placed with the Company, prior to the hire commencing. At the completion of the Chargeable Hire Period, the Customer will be subject to a "Travelling Time" charge for the personnel returning from The Site, or point at which the period of hire is terminated, to the Company's premises. Such charge will comprise of a minimum of 30 minutes. Any variation in this charge will be transmitted to the customer, either at the time of quotation, or at the time the order for hire is placed with the Company, prior to the hire commencing.
S013.03 - Commencement of Chargeable Hire Period.
If a start time for the Chargeable Hire Period has been stipulated by The Customer and agreed to by The Company, the Chargeable Hire Period will commence at either the time The Customer has requested The Personnel to arrive on The Site, or the time that The Personnel arrives on The Site, whichever is the latter.
If no start time for the Chargeable Hire Period has been stipulated by The Customer and/or agreed to by The Company, the Chargeable Hire Period will commence at the time that the personnel arrives on The Site.
Unless previously agreed to as here mentioned in this Clause, no Chargeable Hire Period will begin before 7.30 a.m..
S013.04 - Conclusion of Chargeable Hire Period.
The conclusion of the Chargeable Hire Period will be deemed to be the point at which The Personnel is no longer acting under the instruction of the Customer or his/her agent.
S013.05 - Breaks within Chargeable Hire Period.
The Chargeable Hire Period will contain a break of 30 minutes which will be taken at a time to allow The Personnel to take a Lunch-Break. This break will be taken in all instances, and will not be chargeable to The Customer. This will be indicated as such on the ticket signed by The Customer or his/her agent at the completion of the Chargeable Hire Period.
Any other breaks within the Chargeable Hire Period will be chargeable in full.
S013.06 - Minimum Chargeable Period of Hire.
Unless agreed to prior to the period of hire commencing, The Customer shall be liable to pay for a minimum period of hire of 9 hours. Such charge to include all Travelling Time charges, the Chargeable Hire Period, and taking into account the non-chargeable break as stipulated in Clause S011.06.
The only variation in this minimum period of hire charge will be where such a variation has been agreed to either at the time of quotation, or at the time the order for hire is placed with The Company, prior to the hire commencing.
S013.07 - Extra Charges.
If, during the course of the hire, The Personnel is unable to continue to operate due to conditions not attributable to negligence or error on his/her part, the minimum chargeable period of hire will apply. See Clause S013.06.
S013.08.
Any damage or injury occurring during operations being carried out by The Personnel under the instruction, either explicit or implicit, of The Customer or his/her agent, not attributable to error or neglect by The Personnel will be the full and sole responsibility of The Customer.
S014.00 - Defective Materials.
S014.01
Whilst all care is taken to ensure that materials are supplied to the specification required, should any material prove to be defective, The Company's liability is strictly limited to the replacement of such material, or the cost thereof. No claim relating to further costs incurred due to defective material being delivered will be considered in any way, shape or form.
S999.00 - Amendments to Terms & Conditions.
S999.01
The Company retains the right to amend these Terms & Conditions as it deems appropriate without prior consultation, negotiation or discussion of any kind with its Customers. Any such amended conditions will apply in full to all Sites and Customers as described in the clauses above.
999.02
Unless specifically requested to in writing, The Company will not circulate Customers with amended Terms & Conditions. A copy of any amended Terms & Conditions will however remain available upon request.
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