Terms and Conditions

  1. Definitions
    1. ‘Wellmix Concrete’ means Wellmix Concrete Supplies Pty Ltd ABN 34 677 490 069. A reference to ‘Wellmix Concrete’ includes a reference to it’s employees, servants, agents or contractors ‘you’ means the person or persons, partnership, corporation, trust or any other entity to whom we supply the materials, as named in the quotation or the delivery docket.
  2. Agreement
    1. Except to the extent otherwise agreed in writing between the parties, these terms and conditions govern the relationship between Wellmix Concrete, and you will prevail over any other document (including any purchase order terms or procurement terms) provided by you.
    2. You acknowledge that you have not relied on any representation inducement, warranty or promise which is not set out below.
    3. These terms and conditions may only be varied by agreement in writing by both parties.
  3. Materials
    1. The materials are the goods supplied or to be as described on the delivery docket or quotation, including but not limited to concrete, cement, sand, additives and crushed rock.
    2. Concrete will be supplied by Wellmix Concrete in accordance with the relevant SAA Codes and, unless otherwise stated on the delivery docket, the SSA ‘Concrete Structural Codes’: AS 1379-2007 or AS 3600-2009’ (or amendments thereto) will apply.
    3. It is your responsibility to seek written approval for any applicable concrete mix design or concrete mix details, from relevant third parties, namely, your client, your client’s consulting engineer or architect, prior to the supply by Wellmix Concrete. Wellmix Concrete will accept no liability for supply without prior third-party approval, when supply is in accordance with the delivery docket or quotation.
  4. Site Access
    1. Wellmix Concrete will deliver and you will receive the materials at kerb-side alignment.
    2. If you require Wellmix Concrete to enter onsite and deliver materials otherwise than at kerb alignment, then you will provide timely access to the site and you will indemnify Wellmix Concrete for any loss or delay incurred by Wellmix Concrete as a result of the failure to provide such access.
    3. If Wellmix Concrete is required to enter onsite for the purpose of delivering the materials, then you warrant that the conditions onsite are suitable, safe and adequate for our materials, personnel and equipment and you shall indemnify Wellmix Concrete for any loss or damage arising either directly or indirectly from such access; including but not limited to, damage to equipment, recovery of equipment or any loss or delay caused by poor or unsuitable onsite conditions.
    4. You will ensure that a representative is at the delivery site to sign the delivery docket, the signature which will serve as an acknowledgement by you that the quality of the materials noted on the docket was delivered and that the materials comply with your order and that you accept the T&C’s of this delivery.
    5. If Wellmix Concrete laves equipment onsite in relation to the supply of materials or the performance of services by Wellmix Concrete, you shall take all reasonable steps to secure the site to prevent loss or damage to the equipment or any injury to the persons entering onto the site.
    6. Maintenance, cleaning and repair of entry and exit points from site, over any third-party property or public roadways are at all times, your responsibility. Wellmix Concrete will accept no liability for any maintenance, cleaning or repair of entry and exit points from site, including any local or state government charges or fines relating to mud or debris on the roadway.
  5. Site Safety
    1. You are responsible for ensuring safety precautions, equipment and procedures are in place onsite and the appropriate training has been made available to your personnel. You acknowledge warnings contained on our delivery docket and that Material Safety Data Sheets are available on request from Wellmix Concrete.
  6. Terms of Payment
    1. You must pay for the materials in immediately available funds prior to the discharge of the materials unless Wellmix Concrete agrees otherwise in writing, without set off or retention.
    2. If Wellmix Concrete’s invoice is not paid in full within 30 days of the end of the month, then Wellmix Concrete reserves the right to remit the account to our debt collection agency. All costs and charges, including any legal costs, incurred by Wellmix Concrete to recover any outstanding amount will be payable by you.
    3.  You will pay for all costs incurred by Wellmix Concrete on cancellation of your order.
    4. You acknowledge that quotations are provided on the basis of the rates of our normal suppliers. You acknowledge that should there be any variations in those rates, there will be a resultant increase in the cost of our quotations, which will be paid for by you.
  7. The Price
    1. The price charged is for the concrete batch, delivered between the hours of 6am and 3pm on weekdays (excluding public holidays) A surcharge applies for concrete batched or delivered outside these hours. Concrete batch and delivery on Saturdays are between 7am and 12pm. You understand that a surcharge will be applied on every load on a Saturday. Any specially requested order on a Sunday will incur an opening fee charge to you, to cover for the operations of the plant. You acknowledge that the operating hours of the plant may be limited by statutory requirements.
    2. The price is based on a minimum of 4 cubic meters of concrete (an additional charge will apply for deliveries of lesser quantities) and may also include a separate delivery charge, incorporating and based on appropriate cartage rates at the date of delivery, together with any other incurred costs by Wellmix Concrete as a result of arranging delivery.
    3. Additional charges will apply for delivery to more than one discharge point during the course of one load.
    4. Additional charges will apply for the waiting time in excess of 45 minutes on site at a rate of $3.30 plus GST per minute.
    5. Additional charges will apply to returned surplus materials.
    6. Additional charges will apply when Wellmix Concrete is required to add extra additive agents to your ordered materials e.g. accelerator or retarder.
    7. Unless otherwise specified on the delivery docket or invoice, the price is based on slumps not exceeding 80mm, using 20mm normal size dense aggregate. Additional charges will apply where the slump is in excess of 80mm and/or other sized aggregates. Additional charges will apply where the slump is in excess of 80mm and/or other sized aggregates.
    8. Wellmix Concrete reserves the right to review its charges and surcharges from time to time, within its absolute discretion.
  8. Testing
    1. The price does not include the cost of testing and providing an ‘assessment report’ as may be required for ‘standard grade’ concrete. Reports will be provided on request, for additional charges.
    2. Unless otherwise specified, the price does not include reporting the strength of concrete as per AS 3600, Clause 20.6 Production Assessment.
    3. You may request a project assessment testing program in accordance with AS 3600, for additional charges. Test samples will only be taken at the agitator chute and tested in accordance with AS 1012.1-1993 (as amended). The results of the tests carried out by a third party will only be recognized if conducted by a NATA accredited testing authority, in accordance with these standards.
  9. Limitation of Liability
    1. Wellmix Concrete accepts no liability in relation to the strength of materials or any defect which may develop in the materials if:
      1.  water is added to the materials either before or after discharge from the equipment without Wellmix Concrete’s approval;
      2. an admixture is used to your request or specification;                                                                                        
      3. discharge from the agitator occurs more than 90 minutes from the time ex plant in accordance with AS 1379 -2007 Clause 4.2.5 or;                     
      4. unless otherwise specified, delivered concrete falls out of  temperature acceptance point of less than 5°c or greater than 35°c. Ambient temperature is below 10°c or above 30°c in accordance AS 1379-2007 clause.
    2. Wellmix Concrete shall not be liable for any loss or damage arising from delivery or non-delivery of materials as a result of any reason beyond Wellmix Concrete’s reasonable control or any cause that you are aware of, or you should reasonably have been aware of. All such loss will be your responsibility, and you shall indemnify us in respect of any such loss.
    3. Wellmix Concrete shall not be liable for any loss, damage or injury arising from your handling, placing or curing of the material or physical contact with the materials by you or any of your employees, agents or contractors and you shall indemnify and keep indemnified Wellmix Concrete  against all liability and any such action, demands or claims whatsoever which may be taken against Wellmix Concrete.
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