Terms &
Conditions

1.1 These Terms and Conditions ("Terms") govern the sale and delivery of road planings and related materials ("Goods") by ABM Road Planings ("we", "us", or "Supplier") to the business purchaser ("you" or "Customer").

1.2 These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, including any terms implied by trade, custom, practice, or course of dealing.

1.3 A binding contract is formed when you accept our quotation, place an order, or accept delivery of the Goods.

1.4 These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.

"Business Day" means any day other than a Saturday, Sunday, or public holiday in England and Wales.

"Goods" means road planings, recycled aggregates, or other materials supplied as confirmed in our Purchase Order Confirmation.

"Price" means the price stated in our Purchase Order Confirmation, exclusive of VAT.

3.1 The description of the Goods is set out in our Purchase Order Confirmation.

3.2 Road planings and recycled materials are secondary recycled products and are subject to natural variation in composition, grading, colour, and moisture content.

3.3 Unless expressly agreed in writing, Goods are not supplied to any British Standard or specification and no warranty is given as to suitability for any particular purpose.

3.4 You confirm that you have not relied on any oral statements or representations not expressly set out in writing.

4.1 The Price is exclusive of VAT, which shall be charged at the prevailing rate.

4.2 Prices are valid only for the period stated in the quotation and may be withdrawn if orders are delayed.

5.1 Delivery dates are estimates only and may be affected by weather conditions, highways project schedules, or material availability.

5.2 Either party may cancel an order by giving not less than 24 hours' notice prior to the scheduled delivery time.

5.3 Cancellation Fee: Where cancellation is made with less than 24 hours' notice, you shall pay a £50 administration charge per load, which you agree represents a genuine pre-estimate of our administrative and operational costs.

6.1 We shall invoice you following delivery of the Goods, or when the Goods are allocated and made available for collection where you arrange your own haulage.

6.2 Payment is due on receipt of the invoice date unless otherwise agreed in writing.

6.3 All sums shall be paid in full, in cleared funds, without set-off, deduction, or withholding.

6.4 Late payments shall accrue interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, at 8% per annum above the Bank of England base rate. We reserve the right to recover statutory compensation and reasonable recovery costs.

6.5 We may suspend deliveries or terminate the contract if payment is overdue.

7.1 Delivery shall be made to the address specified in your order or as otherwise agreed in writing.

7.2 Vehicle Specifications: Our vehicles are typically 32-tonne, 8-wheel rigid tipper lorries approximately 3 metres wide and 10 metres long. You are responsible for ensuring suitable access, ground conditions, and a safe tipping location.

7.3 You must notify us in advance of any restrictions, overhead cables, soft ground, or site hazards.

7.4 We accept no liability for damage caused where vehicles are directed off the public highway or onto unsuitable ground.

7.5 Wasted Journey / Abortive Delivery: If delivery cannot be completed due to inadequate access, unsafe or unsuitable tipping conditions, refusal to accept delivery, inaccurate delivery instructions, or site not being ready, you shall be liable for a wasted journey charge, which may include the full load price and haulage costs.

7.6 Delivery is deemed complete once the Goods are tipped at the delivery location.

8.1 You must inspect the Goods immediately upon delivery.

8.2 Any claims for shortage or visible defects must be notified to us in writing within 2 Business Days of delivery.

8.3 Acceptance: The Goods shall be deemed accepted once they are tipped, mixed, spread, or otherwise used. No returns shall be accepted after acceptance.

8.4 Returns are accepted only by prior written agreement and where we determine that the Goods are defective. You shall bear all costs and risks associated with any return.

9.1 Risk in the Goods passes to you upon delivery.

9.2 Title to the Goods shall not pass until we have received full payment (in cleared funds) for: (a) the Goods supplied; and/or (b) any other sums owed by you to us.

9.3 Until title passes, you shall:

• hold the Goods as our bailee;
• store them separately and clearly identifiable;
• not remove identifying marks;
• keep the Goods insured at full replacement value.

10.1 We may terminate this agreement immediately if you:

• commit a material breach;
• fail to pay sums when due;
• become insolvent or enter administration, liquidation, or receivership;
• suspend or threaten to suspend business operations.

11.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

11.2 Subject to clause 11.1, our total aggregate liability arising out of or in connection with the supply of the Goods shall be limited to the Price paid for the Goods giving rise to the claim.

11.3 We shall not be liable for:

• indirect, consequential, or special losses;
• loss of profit, business, contracts, reputation, or goodwill;
• loss arising from your selection, use, or application of the Goods;
• delays or failures caused by events beyond our reasonable control.

12.1 Each party shall comply with applicable data protection laws.

12.2 We may act as a Data Controller or Data Processor depending on the nature of the processing.

12.3 Personal data shall be processed only for legitimate business purposes related to the supply of Goods.

For data protection inquiries, contact: info@abmroadplanings.co.uk

Neither party shall be liable for failure or delay caused by events beyond reasonable control, including but not limited to natural disasters, industrial action, pandemics, governmental actions, or failure of utilities or transport networks.

14.1 Subcontracting: We may subcontract delivery or haulage services.

14.2 Assignment: You may not assign this agreement without our prior written consent.

14.3 No Waiver: Failure to enforce any provision shall not constitute a waiver.

14.4 Severability: If any provision is held invalid, the remaining provisions shall remain in force.

14.5 Notices: Notices must be given in writing by email or post to the contact details provided.

These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.