Terms and Conditions
Safer Surfacing Ltd
Tel: 0151 357 1391
Fax: 0151 355 0275
Company Reg Number: 8154182
GENERAL TERMS AND CONDITIONS OF SALE
Terms & Conditions
1.1 All our coloured, rubber chippings are sold as our testing indicates as a loose fill material to either a 50mm depth or 100mm depth, this certification can be found on our website www.safersurfacing.co.uk . If you require a depth outside or between the tested depths then we can in no way imply the critical fall height simply by pro-rata it. To do so would just be an indication of the depth needed.
1.2 The customer is made aware of the conditions of sale for all our goods. We cannot guarantee that the appearance and/or colours of products shown on our website are an exact replica in the appearance and/or colours of the physical products themselves.
1.3 All products (however delivered) shall be at the customer’s risk from the time of collection (if so collected) or from the time of delivery. After such time Safer Surfacing Ltd, shall be under no liability for loss or damage or deterioration of the product from whatever cause arising.
1.4 Some of our rubber is suitable for a number of applications, it is the responsibility of the customer to carry out their own tests to ensure the different grades of rubber supplied meets with their application purpose, and where necessary compatible with any chemical binder they wish to add to their application.
1.5 If we supply binder then this comes direct from the manufacturer and we take no responsibility for the way in which the binder is used. It is the customer’s responsibility to follow the manufacturer’s specifications and guidance and to contact the manufacturer if in any doubt. Full details will be supplied with the delivery.
1.6 We take no responsibly for any bonded material once the rubber has been laid, or for any defects in any finished surface, as we have no control over:
the intended use
the percentage of binder
method of application
or any other components with which the goods are mixed with
1.7 It is the responsibility of the buyer to:
satisfy itself as to fitness for purpose, and no warranty shall extend to fitness for purpose.
to inspect all goods, services and works immediately on receipt.
1.8 Our uncoloured 20mm is suitable of a sub-base application, its composition cannot be guaranteed, customers should carry out their own testing to ensure the product supplied meets with their requirements.
1.9 The company requires any complaint to be made in writing by the customer within 14 days. If the customer is dissatisfied with the product then it must be returned to the company within 14 days of the complaint being logged in the standard to which it was delivered. A refund will then be made for the original purchase price. Should it be deemed that the product is satisfactory we reserve the right to charge for the cost of return.
1.10 Samples: We recommend you request samples before placing any orders if you are in any doubt what colour you require. Variations in our colours may occur, and photographs featured on our website should only be used as a guide. Free small samples are available on request. Please note if you haven’t asked for free samples before placing an order we won’t accept “item not as described” as a reason for refund.
1.11 We maintain a policy regarding continuous research and development to improve products hence Safer Surfacing has the right to amend/vary/change the Goods without the Customer having the right to terminate the contract so long as the change does not materially and prejudicially affect
(i) The nature of the Goods
2.1 An order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these conditions.2.2 The order shall only be deemed to be accepted when Safer Surfacing issues written acceptance of the Order at which point and on which date the Contract shall come into existence (the “Commencement Date”).
2.3 The contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Safer Surfacing which is not set out in the contract.
2.4 Any samples, descriptive matter or advertising issued by Safer Surfacing including illustrations or descriptions contained in brochures, flyers, website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
2.5 These conditions apply to the contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6 Any quotation given by Safer Surfacing shall not constitute an offer, and is only valid for a period of 60 Days from its date of issue.
2.7 Any order equal to or above 10 tonnes can only be quoted at the discretion of Safer Surfacing. If prices have already been given, those prices will not apply to orders over and above 10 tonnes. Instead a full cost analysis will be performed and a new price quoted which will consider but not be limited to overtime needed, capacity, additional storage costs. If credit payment terms are currently offered then Safer Surfacing have the right to request full payment on a proforma basis for such orders equal to or above 10 tonnes and not honour current payment terms
2.8 If the Customer makes any amendments to the agreed order after the contract has been formed, Safer Surfacing shall consider the proposed change and make any amendment to the price that is necessary.
DELIVERY OF GOODS
3.1 Safer Surfacing shall deliver the Goods to the location set out in the order or such other location as the parties may agree at any time after Safer Surfacing notifies the Customer that the Goods are ready.
3.2 Any dates quoted for delivery of the Goods and/or the commencement and completion of the Services are approximate only, and the time of delivery is not of the essence. In any event, Safer Surfacing shall not be liable for any failure to deliver that is caused by a Force Majeure Event or the Customer’s failure to provide Safer Surfacing with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
3.3 If the Customer fails to accept or take delivery of the Goods within 14 Days of Safer Surfacing notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Safer Surfacing’s failure to comply with its obligations under the Contract in respect of the Goods:
a) Then Safer Surfacing shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance), if the order is over and above 10 tonnes.
3.4 If 20 days has passed since Safer Surfacing notified the customer that the goods were ready for delivery/collection, the customer has not accepted delivery of them. Safer Surfacing may resell the goods and the contract shall be deemed to be terminated as a result of the Customer’s breach of contract.
3.5 Most of our deliveries will be via a kerbside tail-lift lorry by a UK pallet network, the network will do their utmost to place the pallet as near as possible to where you need it. The ground and road need to be flat and solid to use this service, If you have any doubts please contact us on 0151 357 1391. Broken concrete, gravel or sloping ground is unsuitable and pallets may only be left on the roadside at the drivers discretion if he deems it safe to do so.
3.6 If you would like a specific delivery date and/or time please give us a call on 0151 357 1391 and we can advise you of delivery rates. Please note if a hi-ab or crane is needed for unloading, please call for rates. If you have any doubts please contact us for further details.
3.7 Orders placed on Saturdays, Sundays and Bank Holidays will be processed on the morning of the next working day.
3.8 Please be aware that we cannot be held responsible for delays by the pallet network, we therefore ask that you take this into account when leaving feedback. We strive to maintain an outstanding level of customer service so if you have a negative delivery experience please make us aware so we can inform our pallet network who also pride themselves on being flexible and reliable.
3.9 Returned loads if cancelled whilst on route or returned due to ground/access conditions being unsuitable for pallet deliveries, will incur a return delivery and re-stocking charge of £50.00 per pallet. Where a delivery cannot be made on the arranged day due to access or unforeseen circumstances we will attempt a redelivery at your request for an additional charge per pallet which is dependent on the pallet network used. This charge will be communicated at the time the customer instructs us to redeliver. If you have any queries concerning this or any other issue please call us immediately on 0151 357 1391.
3.10 We hope that this doesn’t happen but if you wish to cancel your order please let us know prior to dispatch and we will issue you a full refund. If your order has already been dispatched and arrived at your property we will only refund you for 50% of the purchase price, please let us know the reason for your return.
3.11 We pride ourselves on our customer service and are happy to accommodate individual request for variations in our standard range, such as mixed colours. These products are specifically made to the customers specifications, therefore any such order should be made in writing and Safer Surfacing will then confirm all the details in writing with you prior to making the product. We hope it doesn’t happen but if you wish to cancel the order or alter the order in any way following the product being made then we reserve the right to charge the price as shown on the quotation/proforma invoice in addition to any extra products that you may have wished to replace the specially made products with.
4. QUALITY OF GOODS
4.1 Safer Surfacing warrants that on delivery the Goods shall:
(a) conform in all material respects with their description;
4.2 Subject to clause 4.3 if;
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 4.1;
(b) Safer Surfacing is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Safer Surfacing) returns such Goods to Safer Surfacing,
Safer Surfacing shall, at its discretion, replace the defective Goods.
4.3 Safer Surfacing shall not be liable for the Goods’ failure to comply with the warranty in
Clause 4.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance
With Clause 4.2;
(b) the defect arises because the Customer failed to follow the Safer Surfacing’s oral or written instructions as to the storage, installation, use or maintenance of the Goods;
(c) the defect arises as a result of Safer Surfacing following any drawing, design or Goods
Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods
(e) the defect arises as a result of unreasonable wear and tear, willful damage, negligence, or
Abnormal working conditions;
(f) the Goods differ as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
4.4 Except as provided in this clause 4, Safer Surfacing shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 4.1.
4.5 The Customer should be aware that Rubber Safety Surfacing is a recycled material which is coloured using a polyurethane coating. As such no guarantee is given as to the colourfastness of the product. Colours may vary between batches and no consistency of colour is guaranteed or warranted.
4.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Safer Surfacing under Clause 4.2.
5. TITLE AND OWNERSHIP OF GOODS
5.1 Title to the Goods shall not pass to the Customer until Safer Surfacing receives payment in full (in cleared funds) for all Goods that it has supplied to the Customer.
5.2 Until title to the Goods has passed to the Customer, the Customer shall:
(a) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on Safer Surfacing’s behalf from the date of delivery;
(b) notify Safer Surfacing immediately if it is the subject of any insolvency related event; and
(c) give Safer Surfacing such information relating to the Goods as Safer Surfacing may require from time to time.
5.3 If before title to the Goods passes to the Customer:
(i) the Customer becomes subject to an insolvency event and / or
(ii) Safer Surfacing terminates the contract, without limiting any other right or remedy Safer Surfacing may require the Customer to return the Goods to Safer Surfacing (at the Customer’s cost) and if the Customer fails to return the Goods within 5 days of Safer Surfacing demanding their return, Safer Surfacing may enter the Customer’s premises/property and recover the Goods.
6. CHARGES AND PAYMENT
6.1 Safer Surfacing may, at its sole discretion, ask for the payment of a deposit upon confirmation of the order. If Safer Surfacing makes such a request, it shall be under no obligation to take any further steps with regards the order until such time as the deposit has been paid in cleared funds.
6.2 The price for Goods shall be the price set out in the Order or, if no price is quoted, the price set out in Safer Surfacing’s published price list as at the date of the Order.
6.3 If Safer Surfacing is required to supply any Goods over and above those which form part of the original order, Safer Surfacing reserves the right to charge for those additional Goods in accordance with the standard rates in force at the time.
6.4 Safer Surfacing may:
(a) increase the price of the Goods, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods to Safer Surfacing that is due to:
(i) any factor beyond the control of Safer Surfacing(including foreign exchange fluctuations, increases in taxes and duties);
(ii) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or
(iii) any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give Safer Surfacing adequate or accurate information or instructions in respect of the Goods.
6.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of VAT.
6.6 If the Customer fails to make any payment due to Safer Surfacing under the Contract by the due date for payment, then Safer Surfacing shall reserve the right to charge Compensation and Interest in Accordance with the Late Payment Commercial Debts (Interest) Act 2013 at the advertised rate until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
6.7 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. Safer Surfacing may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by Safer Surfacing to the Customer.
6.8 Where a special discount, payment or other terms have been agreed, these shall be strictly subject to the Customer’s compliance with these conditions, and such special terms shall cease and revert to these normal standard terms upon your non-compliance.
6.9 If a trade account with a credit limit is honoured this will be issued in writing in the first month of the year and will be reviewed quarterly. If noncompliance exists regarding the credit terms agreed then Safer Surfacing reserve the right to remove all credit facilities and future orders will be offered on a pro-forma basis
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights in or arising out of or in connection with the Goods manufactured by Safer Surfacing shall be owned by Safer Surfacing.
A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Conditions shall limit or exclude Safer Surfacing’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title
and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
9.2 Subject to Clause 9.1:
(a) Safer Surfacing shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and
(b) Safer Surfacing’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by the Customer for the Goods and/or Services.
9.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract. Safer Surfacing gives no warranty as to the suitability of the Goods for the Customer’s particular requirement or objective.
10.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 10 Days after receipt of notice in writing.
to do so;
(b) the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business;
(c) the other party’s financial position deteriorates to such an extent that in Safer Surfacing’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
10.2 Without limiting its other rights or remedies, Safer Surfacing may terminate the Contract with immediate effect if (i) the Customer fails to pay any amount due under this Contract on the due date for payment, and/or (ii) any insolvency related event occurs, or proceeding is taken, in connection with the Customer that has an effect equivalent or similar to an insolvency event.
10.3 Without limiting its other rights or remedies, Safer Surfacing may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Customer and Safer Surfacing if the Customer fails to pay any amount due under this Contract on the due date for payment, or Safer Surfacing reasonably believes that the Customer is about to become subject to any of them.
10.4 Upon termination of the Contract for any reason:
(a) the Customer shall immediately pay to Safer Surfacing all of the its outstanding unpaid invoices and interest and, in respect of Goods supplied but for which no invoice has yet been submitted, Safer Surfacing shall submit an invoice, which shall be payable by the Customer immediately;
(b) the Customer shall return all of Safer Surfacing Materials. If the Customer fails to do so, then Safer Surfacing may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use
them for any purpose not connected with this Contract;
11.1 This agreement is personal to the Customer cannot be assigned without Safer Surfacing’s prior written consent. Safer Surfacing may assign, subcontract, transfer or deal in any other manner with all or any of its rights or obligations under this agreement.
11.2 Each right or remedy of Safer Surfacing under this agreement is without prejudice to any other right or remedy of Safer Surfacing whether under this agreement or not.
11.3 Safer Surfacing shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from a Force Majeure Event. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Safer Surfacing including but not limited to weather related events, strikes, lock-outs or other industrial disputes (whether involving the workforce of Safer Surfacing or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
11.4 This agreement and the accompanying purchase order constitute the whole agreement between Safer Surfacing and the Customer and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement.
11.5 The Customer acknowledges that, in entering into this agreement it does not rely on any statement, representation, assurance or warranty of any person (whether a party to this agreement or not) other than as expressly set out in this agreement.
11.6 Nothing in this agreement is intended to, or shall be deemed to, establish any agency, partnership or joint venture between any of the parties
11.7 If any provision of this agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of this agreement and the remainder of such provision shall continue in full force and effect.
11.9 Failure or delay by Safer Surfacing in enforcing or partially enforcing any provision of this agreement shall not be construed as a waiver of any of its rights under this agreement.
11.10 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
11.11The parties to this agreement do not intend that any term of this agreement shall be enforceable by virtue of this agreement (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.12The formation, existence, construction, performance, validity and all aspects of this agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
11.13 Our terms and conditions are updated every six months, please check the website for the most up to date version
Website Usage Terms and Conditions
The term ‘Safer Surfacing Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Canalside, Ellesmere Port, Cheshire, CH65 4EN. Our company registration number is 8154182. The term ‘you’ refers to the user or viewer of our website.
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
• We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
• You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.