1.0 GENERAL
1.1
These conditions apply to all agreements for the supply of products and services by Rock Recycling and supersede any previous terms and conditions. No additions or modifications to, or terms inconsistent with these conditions shall be binding upon Rock Recycling unless specifically agreed in writing by Rock Recycling.

1.2
Rock Recycling may require a credit application from the customer. In processing the credit application, the customer consents that Rock Recycling may make enquiries of credit reference agencies or other sources, who may keep a record of Rock Recycling’s enquiry, and that Rock Recycling may use any information obtained for the purposes of risk assessment, fraud prevention, and occasional debt tracing.

1.3
The rights and obligations of the customer under this agreement shall be personal and shall not be assignable without the express consent of Rock Recycling.

1.4
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

2.0 PAYMENT TERMS
2.1
Charges will be calculated as stated on the quotation or price list. The amounts stated are exclusive of VAT, and the customer shall pay all sums due in respect of VAT in accordance with the invoice. Rock Recycling will ensure that each invoice contains adequate details of the VAT charged.

2.2
All payments shall be due and payable within 30 days of the invoice date. Payments must be made in full without any set-off or counter-claim, and time of payment shall be of the essence.

2.3
Unpaid sums after the due date will attract interest daily at 4% per annum above the Bank of England base lending rate. If the customer defaults, Rock Recycling may withhold further performance until arrears are cleared.

2.4
The customer shall not dispute any payment made. Records maintained by Rock Recycling will serve as proof of service provided.

3.0 PRICE
Rock Recycling reserves the right to increase charges at any time to reflect variations in costs, including wages, administration, materials, equipment, fuel, taxes, duties, and compliance with legislation. Rock Recycling will endeavour to give at least one calendar month’s notice of any price change, but the customer remains liable for the increased charge from the specified date.

4.0 DELIVERY/COLLECTIONS
4.1
The customer must provide safe and adequate access for delivery, including sufficient manoeuvring space and safety for Rock Recycling’s personnel. Failure to do so may result in refusal of delivery and associated charges.

4.2
The customer shall indemnify Rock Recycling and its employees, drivers, and agents against any damage or injury caused by the customer or its representatives during delivery or collection.

4.3
Upon delivery, the customer must:
• Inspect the goods;
• Allow unhindered delivery;
• Sign for receipt, including acceptance of any additional charges due to delays, standing time, or cancellations.

If no signatory is available, Rock Recycling may take photographic evidence. COVID-19 UPDATE: To reduce contact, drivers and weighbridge operators will log the customer’s name and time and sign on their behalf until further notice.

4.4
If delivery is delayed due to customer default, the goods will be deemed delivered, and Rock Recycling may store them at the customer’s expense (including storage and insurance).

4.5
Delivery times are estimates only. Rock Recycling is not liable for delays.

4.6
Risk in the goods passes on delivery.

4.7
Ownership remains with Rock Recycling until full payment is received. If payment is not made, Rock Recycling may recover the goods and charge the customer for associated costs.

4.8
In the event of weighbridge failure, Rock Recycling may use alternative weighing methods, including weigh loaders on site or delivery vehicles.

5.0 QUALITY AND GUARANTEE
5.1
If the customer proves to Rock Recycling’s reasonable satisfaction that materials do not meet contract specifications, Rock Recycling may:
• Supply replacement materials; or
• Refund part or all of the purchase price.

5.1.1
Rock Recycling accepts no responsibility for claims arising from lignite.

5.2 Guarantee Limitations
5.2.1
Claims must be made in writing within 48 hours of delivery.

5.2.2
Rock Recycling is not responsible for faults due to incorrect placement, frost, heat, or weather.

5.2.3
No liability for defects due to incorrect specification.

5.2.4
If testing is required, the customer must notify Rock Recycling when ordering and conduct tests upon delivery. Materials should not be placed until compliant results are received. Rock Recycling is not liable for costs related to replacement.

6.0 LIMITATION OF LIABILITY
6.1
Nothing in these conditions limits Rock Recycling’s liability for death or personal injury due to negligence or for fraudulent misrepresentation.

6.2
The maximum aggregate liability of Rock Recycling is limited as per these conditions.

6.3
For defective goods, liability is limited to the value of the materials sold.

7.0 GOVERNING LAW
7.1
This agreement is governed by English law. Parties submit to the exclusive jurisdiction of the English Courts.

7.2
References to legislation include amendments, replacements, or modifications.

8.0 FOREBEARANCE
Any indulgence or relaxation by Rock Recycling does not waive its rights or customer obligations under this agreement.

DEFINITIONS
• Customer: The person or company whose order is accepted by Rock Recycling.
• Rock Recycling: The supplier of goods and services under this agreement.
• Relevant Legislation: Applicable laws, directives, and codes of practice.
• Vehicle: Any vehicle operated by Rock Recycling or its agents for delivery or collection.