Terms and Conditions

TERMS AND CONDITIONS OF SALES

APPLICATION OF TERMS AND CONDITIONS
These conditions govern the sale and purchase of the goods ordered by Buyer from the Seller (“the goods”) and shall override any terms and conditions whether previously or hereafter stipulated incorporated or referred to by Buyer whether orally, in its purchase order or other documents.
TIME FOR DELIVERY
Any time or date for delivery named by SEMIX SDN. BHD. or KCK KOK ENGINEERING SDN. BHD. (“the Seller”) is an estimate only, and the Seller shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay in delivery.
TIME FOR DELIVERY OF GOODS/SERVICES
a. Any time for delivery named by Seller is an estimate only and seller is not liable to make good any damages to make good any damages or loss arising out of any of any such delay.
PRICE
a. The quoted prices for goods/services are subject to change or adjustment in the event of any imposition or increase in taxes, levies or duties whatsoever on goods/services, its components or raw materials.
b. The quoted prices are based on our mix design and inclusive of normal retarders but exclude other admixtures such as super plasticizing and water proofing agents. A surcharge of RM30/m3 for each concrete grades will be imposed for Water Proofing Mixes.
c. Prices exclude of the costs of independent testing and waterproofing admixture, both which shall be borne and paid by customer.
d. The quoted prices is based on maximum time allowed by the Seller for discharge of concrete at the Project Site which is 45 minutes from arrival of the mixer truck. Customer shall pay us RM 50.00 per hour (or part thereof) of delay/waiting time beyond 45 minutes.
e. The quoted prices are valid for delivered made during and after working hours as Seller as on Sundays and public holidays. However, for orders booked and cancelled on Sunday / public holidays and after 7p.m on any days, a minimum surcharge of RM 800/day lump sum will be imposed.
f. The prices quotes exclusive of excess concrete return to our plant and it will be valued and charged the following rates for disposal: 0.1m3-1m3 = RM300; 1.1m3-2m3 = RM600; 2.1m3-3m3 = RM900; 3.1m3-4m3 = RM1200; 4.1m3-5m3 = RM1500; Above 5.1m3 = RM3000.
LATE OF PAYMENT INTEREST
In the event the Buyer fails to pay any sums as and when due, the Buyer shall pay interest thereon at the rate of 1.5% per month by any of damages from the due date until the date of full payment.
TIME OF ESSENCE
Time within which the Buyer is to pay the goods/services shall be of the essence of this Agreement.
DELIVERY
a. The seller shall be deemed to have made due delivery of the goods/services if the Seller delivers the goods/services at the site (‘Site’) or premises (‘Premises’) specified by the Buyer in the Purchase Order or otherwise and the Delivery order is endorsed by any person present at the Site or Premises. The Buyer shall be responsible for making all necessary arrangements to collect or take delivery of the goods/services at the Site or Premises.
b. Should Buyer fail to take delivery of goods, Seller shall be entitled (without derogation of its rights under Law) to charge Buyer for storage and insurance for the goods calculated from the date fixed for delivery until the date when Buyer takes delivery.
c. The concrete will be delivered to the Project Site/Delivery Location at all reasonable times subject to Customer providing accessible and Seller-compact roads to and within the Project Site/Delivery Location for ease of delivery. All damage to the mixer trucks due to poor access road(s) shall be made good by customer.
d. Seller shall not be responsible for any concrete delivered, misplaced or wrongly accepted after acceptance delivery orders or in cases where the concrete has been laid and cast.
e. In the event that any of the delivery orders is misplaced or not signed by customer representative during the supply, Seller reserves the right to invoice on the total progressive quantity on the delivery orders.
f. Seller reserves the right not to deliver goods if Buyer commits any default on any of the terms of sale as stated or if the amount outstanding at any time exceeds any credit limit granted by Seller, or fails to confirm or verify in writing any Monthly Statement of Accounts.
ACCEPTANCE
The Buyer, its servants or agents, shall inspect the goods immediately upon delivery. Unless Seller received notice that goods are not in accordance with the Buyer’s order and the goods returned to Seller within 24 hours from the date and time of delivery, the goods shall be deemed to have been accepted by the Buyer, provided always Seller will not accept return of used goods and Buyer shall not reject any goods which are in accordance with Buyer’s order.
DESCRIPTION
Notwithstanding any description of the goods given by the Seller, no sale of the goods shall constitute or be construed to be a sale by description.
WARRANTY
Save and except for written warranties (if any) given by the Seller, the Seller does not give any warranties as to quality, state, condition or fitness of the goods or their suitability for any purpose or for use under any specific conditions, notwithstanding that such purpose or condition may be known or made known to seller.
DEFECTS
Save and except as notified pursuant to the Clause of Acceptance above, Seller shall be under no liability to Buyer either in contract or tort for loss, injury or damage sustained by Buyer or any third party by reason of defects in the goods whether latent or otherwise, but Buyer will keep Seller indemnified against such claim.
RISKS
Risk passes upon delivery of the goods/services by the Buyer as specified in the Clause of Acceptance and Clause of Risk herein.
DEFAULT BY BUYERS
If the Buyer fails to pay the Seller on the due dates any sum due and owing to the Seller, or commits a breach of any of its obligations under this Agreement, or if a receiver of the Buyer’s business is appointed, or a winding-up petition is presented or passed, or the Buyer becomes bankrupt or commits an act of bankruptcy, the Seller may, without prejudice to its other rights and without giving prior notice, suspend or cancel further deliveries, limit or cancel credit, or require payment in advance, and shall not be liable to the Buyer for any damages suffered as a result.
FORCE MAJEURE
Seller shall not be liable to Buyer for failure to deliver the goods by reason of any breakdown of plant, fire, explosion, Act of God, outbreak of hostilities, national emergency, industrial dispute, shortage of labour, raw materials, energy or other causes beyond Seller’s control which Seller is unable to prevent by the exercise of reasonable diligence.
INVOICES
All amounts stated in the invoices and the Statement of Account, unless disputed within 7 days of receipt thereof, shall be deemed conclusive of the amounts due and owing by the Buyer to the Seller and shall be binding against the Buyer in any legal proceedings.
SALE OF GOODS (MALAY STATES) ORDINANCE 1957
The terms and conditions in favour of the Seller hereunder shall be in addition to and not in substitution for any term, condition or warranty expressed or implied in favour of the Seller under the Sale of Goods (Malay State) Ordinance 1957 and/or any statutory modification and re-enactment thereto for the time being enforced.
NOTICE
Any notices, communication or demands shall be deemed to have been sufficiently given if sent by prepaid post to the address of the addressee stated herein or the addressee’s last known place of business, and shall be presumed to have been served after three (3) days of posting.
WAIVER
No failure or delay by the Seller in exercising any rights hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any further exercise thereof or the exercise of any other right.
SUSPENSION OR CANCELLATION OF DELIVERIES
Notwithstanding anything herein contained, the Seller reserves the right at any time to vary terms or terminate this Agreement or any Contract for the supply of goods, or suspend or stop delivery of any goods, or limit or cancel the credit of the Buyer as to time and/or amount, without giving any reasons whatsoever, and to demand full settlement immediately of all sums due at any point in time notwithstanding that the credit period for payment has not expired.
CREDIT LIMIT
The Seller shall have full and unfettered discretion and hereby reserves the right at any time to vary the credit limit and credit period contained in the Credit Application Form, or to suspend or revoke the credit facility granted, for any reasons whatsoever without giving any notice to the Buyer.
CERTIFICATE OF INDEBTEDNESS
Any statement of indebtedness in writing signed by any of Seller’s officers shall be conclusive proof of the amount of indebtedness of the buyer to the seller.
LIMITATION OF LIABILITY
Notwithstanding anything contained in these Terms and Conditions to the contrary or otherwise, the Seller’s sole and entire liability for any demands, claims or actions which the Buyer or any third party may have against the Seller at law or in equity, shall be limited to the amount of the transaction involved which gave rise to the claim, and the Seller shall not be liable for damages for negligence, breach of contract, loss of profits, savings, goodwill, or any type of special, exemplary, incidental, indirect or consequential loss or damage howsoever arising.
TITLE
Title to the goods remains vested in Seller until Seller receives the full purchase price. If such payment is overdue, the Seller may, without prejudice to any other rights, sue for the purchase price, recover or re-sell the goods, and the Buyer grants the Seller, its servants/agents the right and/or licence to enter the Buyer’s premises and/or any other premises where the goods are stored. If any of the goods are sold by Buyer before title has passed, Buyer shall hold the proceeds of sale and all rights against purchasers in trust for Seller.
CANCELLATION OF CREDIT
Notwithstanding anything herein contained, Seller reserves the right to limit/cancel the credit of the Buyer as to time and/or amount without giving any reasons thereof, and to demand full settlement immediately of all sums owing notwithstanding that the credit period has not expired.
APPROPRIATION OF PAYMENTS
All payments received from the Buyer will be applied towards settlement of the Buyer’s oldest debts comprising of the earliest invoices, debit notes (including debit notes for overdue interest) and other charges howsoever arising, provided always Seller may appropriate any payments towards account of interest before principal in respect of any debt as the Seller shall in its absolute discretion deem fit.
STATEMENT OF ACCOUNT
All amounts stated in the invoices and statements of account of Seller shall be conclusive of the amounts due and owing by Buyer to Seller and shall be binding against Buyer in legal proceedings.
RIGHT OF SET-OFF
Seller is entitled to set-off against Buyer’s debts all monies now or hereafter standing to the credit of Buyer’s account with Seller or with any company within SEMIX subsidiaries, and for this purpose Buyer shall give irrevocable authority to Seller to collect on behalf of Buyer and give valid receipt and discharge in respect of all such monies owing to the Buyer.
SALE OF GOODS ACT 1957 (REVISED 1989) (“the Act”)
The terms and conditions in favour of the Seller hereunder shall be in addition to and not in substitution for any term, condition or warranty expressed or implied in favour of the Seller under the Act or any statutory modification and re-enactment thereto for the time being enforced.
INFRINGEMENT OF PATENTS, DESIGNS
Buyer shall indemnify Seller against all damages, claims, costs and expenses which Seller may become liable for as a result of work done or goods sold in accordance with Buyer specifications which involve infringement of any patents, registered designs or trademarks.
GOVERNING LAW
This Contract shall be construed in accordance with the Laws of Malaysia and the parties hereto hereby agree to submit to the jurisdiction of the Malaysian Courts.
CREDIT WORTHINESS CHECK
The Buyer consents and warrants that the Buyer has obtained the consent of all persons named in this application, or such other document submitted to the Seller in support of this application (jointly referred to as “Relevant Person”), for the Seller, its agents and representatives to conduct credit checks and verification of information given pursuant to this application with any credit bureau or corporation set up for the purpose of collecting and providing credit or other information.
ANTI-BRIBERY AND CORRUPTION POLICY
The Seller adopts a zero tolerance policy against corruption. The Seller’s Anti-Bribery and Corruption Policy and the Whistle Blowing Policy and Procedure can be viewed at the Seller’s address stated herein, and the contents therein shall be deemed to have been read and accepted by the Buyer.
QUANTITY DETERMINATION
The quantity of delivered concrete shall be based on the delivery orders. Any disagreement of the quantity of concrete supplied must be notified in writing within three (3) days after delivery and before the structure is covered where applicable, after which no claims shall be entertained. A joint measurement at site shall be conducted and the following wastage allowance must be included in the final calculation of volume supplied: 3% for above-ground structures (e.g. columns, formed slabs), and 13% for ground and below-ground structures (excluding bored piles).
CONCRETE SPECIFICATION
a. Seller's Ready-Mixed Concrete is manufactured in accordance with the relevant requirements stipulated in BS5328:1990 for Ready-Mixed Concrete; the grade(s) of concrete quoted constitute the minimum compressive strength at 28 days, based on test cube results in accordance with BS 1881:1983. If the concrete quality is conclusively found to be below the required strength, our liability shall be limited to delivering concrete equivalent to the volume of defective concrete, and we shall not be liable for any other losses or damages.
b. Seller shall not be responsible for concrete failure or rejects attributable to: addition of water and/or admixture to the concrete by the customer's employees, agents, contractors or third parties either before or after discharge from the mixer truck; poor handling and placing from the mixer truck; placing of concrete while raining; or delay in placement time beyond 2 hours from the concrete batching time.
TERMINATION
Where the customer makes any voluntary arrangement with its creditors, becomes subject to an administration order or winding-up petition, is adjudicated bankrupt or goes into liquidation (other than for amalgamation or reconstruction); or an encumbrancer takes possession or a receiver is appointed over any property or assets of the purchaser; or the Customer ceases or threatens to cease carrying on business; or Seller reasonably apprehends any of the foregoing is about to occur and notifies the customer; or in the event of any default in payment or breach of any other terms herein — Seller shall have the right to terminate this agreement without prejudice to any other right or remedy available, and if delivery has been effected but the invoice is unpaid, the invoice shall become immediately due and payable.

The Seller reserves the right to vary this Contract at any time and manner as it may deem fit and necessary.

8 December 2022

TERMS AND CONDITIONS OF SALES

APPLICATION OF TERMS AND CONDITIONS

These conditions govern the sale and purchase of the goods ordered by Buyer from the Seller (“the goods”) and shall override any terms and conditions whether previously or hereafter stipulated incorporated or referred to by Buyer whether orally, in its purchase order or other documents.

TIME FOR DELIVERY

Any time or date for delivery named by SEMIX SDN. BHD. or KCK KOK ENGINEERING SDN. BHD. (“the Seller”) is an estimate only, and the Seller shall not be liable to make good any damage or loss whether arising directly or indirectly out of any delay in delivery.

TIME FOR DELIVERY OF GOODS/SERVICES

a. Any time for delivery named by Seller is an estimate only and seller is not liable to make good any damages to make good any damages or loss arising out of any of any such delay.

PRICE

a. The quoted prices for goods/services are subject to change or adjustment in the event of any imposition or increase in taxes, levies or duties whatsoever on goods/services, its components or raw materials.

b. The quoted prices are based on our mix design and inclusive of normal retarders but exclude other admixtures such as super plasticizing and water proofing agents. A surcharge of RM30/m3 for each concrete grades will be imposed for Water Proofing Mixes.

c. Prices exclude of the costs of independent testing and waterproofing admixture, both which shall be borne and paid by customer.

d. The quoted prices is based on maximum time allowed by the Seller for discharge of concrete at the Project Site which is 45 minutes from arrival of the mixer truck. Customer shall pay us RM 50.00 per hour (or part thereof) of delay/waiting time beyond 45 minutes.

e. The quoted prices are valid for delivered made during and after working hours as Seller as on Sundays and public holidays. However, for orders booked and cancelled on Sunday / public holidays and after 7p.m on any days, a minimum surcharge of RM 800/day lump sum will be imposed.

f. The prices quotes exclusive of excess concrete return to our plant and it will be valued and charged the following rates for disposal: 0.1m3-1m3 = RM300; 1.1m3-2m3 = RM600; 2.1m3-3m3 = RM900; 3.1m3-4m3 = RM1200; 4.1m3-5m3 = RM1500; Above 5.1m3 = RM3000.

LATE OF PAYMENT INTEREST

In the event the Buyer fails to pay any sums as and when due, the Buyer shall pay interest thereon at the rate of 1.5% per month by any of damages from the due date until the date of full payment.

TIME OF ESSENCE

Time within which the Buyer is to pay the goods/services shall be of the essence of this Agreement.

DELIVERY

a. The seller shall be deemed to have made due delivery of the goods/services if the Seller delivers the goods/services at the site (‘Site’) or premises (‘Premises’) specified by the Buyer in the Purchase Order or otherwise and the Delivery order is endorsed by any person present at the Site or Premises. The Buyer shall be responsible for making all necessary arrangements to collect or take delivery of the goods/services at the Site or Premises.

b. Should Buyer fail to take delivery of goods, Seller shall be entitled (without derogation of its rights under Law) to charge Buyer for storage and insurance for the goods calculated from the date fixed for delivery until the date when Buyer takes delivery.

c. The concrete will be delivered to the Project Site/Delivery Location at all reasonable times subject to Customer providing accessible and Seller-compact roads to and within the Project Site/Delivery Location for ease of delivery. All damage to the mixer trucks due to poor access road(s) shall be made good by customer.

d. Seller shall not be responsible for any concrete delivered, misplaced or wrongly accepted after acceptance delivery orders or in cases where the concrete has been laid and cast.

e. In the event that any of the delivery orders is misplaced or not signed by customer representative during the supply, Seller reserves the right to invoice on the total progressive quantity on the delivery orders.

f. Seller reserves the right not to deliver goods if Buyer commits any default on any of the terms of sale as stated or if the amount outstanding at any time exceeds any credit limit granted by Seller, or fails to confirm or verify in writing any Monthly Statement of Accounts.

ACCEPTANCE

The Buyer, its servants or agents, shall inspect the goods immediately upon delivery. Unless Seller received notice that goods are not in accordance with the Buyer’s order and the goods returned to Seller within 24 hours from the date and time of delivery, the goods shall be deemed to have been accepted by the Buyer, provided always Seller will not accept return of used goods and Buyer shall not reject any goods which are in accordance with Buyer’s order.

DESCRIPTION

Notwithstanding any description of the goods given by the Seller, no sale of the goods shall constitute or be construed to be a sale by description.

WARRANTY

Save and except for written warranties (if any) given by the Seller, the Seller does not give any warranties as to quality, state, condition or fitness of the goods or their suitability for any purpose or for use under any specific conditions, notwithstanding that such purpose or condition may be known or made known to seller.

DEFECTS

Save and except as notified pursuant to the Clause of Acceptance above, Seller shall be under no liability to Buyer either in contract or tort for loss, injury or damage sustained by Buyer or any third party by reason of defects in the goods whether latent or otherwise, but Buyer will keep Seller indemnified against such claim.

RISKS

Risk passes upon delivery of the goods/services by the Buyer as specified in the Clause of Acceptance and Clause of Risk herein.

DEFAULT BY BUYERS

If the Buyer fails to pay the Seller on the due dates any sum due and owing to the Seller, or commits a breach of any of its obligations under this Agreement, or if a receiver of the Buyer’s business is appointed, or a winding-up petition is presented or passed, or the Buyer becomes bankrupt or commits an act of bankruptcy, the Seller may, without prejudice to its other rights and without giving prior notice, suspend or cancel further deliveries, limit or cancel credit, or require payment in advance, and shall not be liable to the Buyer for any damages suffered as a result.

FORCE MAJEURE

Seller shall not be liable to Buyer for failure to deliver the goods by reason of any breakdown of plant, fire, explosion, Act of God, outbreak of hostilities, national emergency, industrial dispute, shortage of labour, raw materials, energy or other causes beyond Seller’s control which Seller is unable to prevent by the exercise of reasonable diligence.

INVOICES

All amounts stated in the invoices and the Statement of Account, unless disputed within 7 days of receipt thereof, shall be deemed conclusive of the amounts due and owing by the Buyer to the Seller and shall be binding against the Buyer in any legal proceedings.

SALE OF GOODS (MALAY STATES) ORDINANCE 1957

The terms and conditions in favour of the Seller hereunder shall be in addition to and not in substitution for any term, condition or warranty expressed or implied in favour of the Seller under the Sale of Goods (Malay State) Ordinance 1957 and/or any statutory modification and re-enactment thereto for the time being enforced.

NOTICE

Any notices, communication or demands shall be deemed to have been sufficiently given if sent by prepaid post to the address of the addressee stated herein or the addressee’s last known place of business, and shall be presumed to have been served after three (3) days of posting.

WAIVER

No failure or delay by the Seller in exercising any rights hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any further exercise thereof or the exercise of any other right.

SUSPENSION OR CANCELLATION OF DELIVERIES

Notwithstanding anything herein contained, the Seller reserves the right at any time to vary terms or terminate this Agreement or any Contract for the supply of goods, or suspend or stop delivery of any goods, or limit or cancel the credit of the Buyer as to time and/or amount, without giving any reasons whatsoever, and to demand full settlement immediately of all sums due at any point in time notwithstanding that the credit period for payment has not expired.

CREDIT LIMIT

The Seller shall have full and unfettered discretion and hereby reserves the right at any time to vary the credit limit and credit period contained in the Credit Application Form, or to suspend or revoke the credit facility granted, for any reasons whatsoever without giving any notice to the Buyer.

CERTIFICATE OF INDEBTEDNESS

Any statement of indebtedness in writing signed by any of Seller’s officers shall be conclusive proof of the amount of indebtedness of the buyer to the seller.

LIMITATION OF LIABILITY

Notwithstanding anything contained in these Terms and Conditions to the contrary or otherwise, the Seller’s sole and entire liability for any demands, claims or actions which the Buyer or any third party may have against the Seller at law or in equity, shall be limited to the amount of the transaction involved which gave rise to the claim, and the Seller shall not be liable for damages for negligence, breach of contract, loss of profits, savings, goodwill, or any type of special, exemplary, incidental, indirect or consequential loss or damage howsoever arising.

TITLE

Title to the goods remains vested in Seller until Seller receives the full purchase price. If such payment is overdue, the Seller may, without prejudice to any other rights, sue for the purchase price, recover or re-sell the goods, and the Buyer grants the Seller, its servants/agents the right and/or licence to enter the Buyer’s premises and/or any other premises where the goods are stored. If any of the goods are sold by Buyer before title has passed, Buyer shall hold the proceeds of sale and all rights against purchasers in trust for Seller.

CANCELLATION OF CREDIT

Notwithstanding anything herein contained, Seller reserves the right to limit/cancel the credit of the Buyer as to time and/or amount without giving any reasons thereof, and to demand full settlement immediately of all sums owing notwithstanding that the credit period has not expired.

APPROPRIATION OF PAYMENTS

All payments received from the Buyer will be applied towards settlement of the Buyer’s oldest debts comprising of the earliest invoices, debit notes (including debit notes for overdue interest) and other charges howsoever arising, provided always Seller may appropriate any payments towards account of interest before principal in respect of any debt as the Seller shall in its absolute discretion deem fit.

STATEMENT OF ACCOUNT

All amounts stated in the invoices and statements of account of Seller shall be conclusive of the amounts due and owing by Buyer to Seller and shall be binding against Buyer in legal proceedings.

RIGHT OF SET-OFF

Seller is entitled to set-off against Buyer’s debts all monies now or hereafter standing to the credit of Buyer’s account with Seller or with any company within SEMIX subsidiaries, and for this purpose Buyer shall give irrevocable authority to Seller to collect on behalf of Buyer and give valid receipt and discharge in respect of all such monies owing to the Buyer.

SALE OF GOODS ACT 1957 (REVISED 1989) (“the Act”)

The terms and conditions in favour of the Seller hereunder shall be in addition to and not in substitution for any term, condition or warranty expressed or implied in favour of the Seller under the Act or any statutory modification and re-enactment thereto for the time being enforced.

INFRINGEMENT OF PATENTS, DESIGNS

Buyer shall indemnify Seller against all damages, claims, costs and expenses which Seller may become liable for as a result of work done or goods sold in accordance with Buyer specifications which involve infringement of any patents, registered designs or trademarks.

GOVERNING LAW

This Contract shall be construed in accordance with the Laws of Malaysia and the parties hereto hereby agree to submit to the jurisdiction of the Malaysian Courts.

CREDIT WORTHINESS CHECK

The Buyer consents and warrants that the Buyer has obtained the consent of all persons named in this application, or such other document submitted to the Seller in support of this application (jointly referred to as “Relevant Person”), for the Seller, its agents and representatives to conduct credit checks and verification of information given pursuant to this application with any credit bureau or corporation set up for the purpose of collecting and providing credit or other information.

ANTI-BRIBERY AND CORRUPTION POLICY

The Seller adopts a zero tolerance policy against corruption. The Seller’s Anti-Bribery and Corruption Policy and the Whistle Blowing Policy and Procedure can be viewed at the Seller’s address stated herein, and the contents therein shall be deemed to have been read and accepted by the Buyer.

QUANTITY DETERMINATION

The quantity of delivered concrete shall be based on the delivery orders. Any disagreement of the quantity of concrete supplied must be notified in writing within three (3) days after delivery and before the structure is covered where applicable, after which no claims shall be entertained. A joint measurement at site shall be conducted and the following wastage allowance must be included in the final calculation of volume supplied: 3% for above-ground structures (e.g. columns, formed slabs), and 13% for ground and below-ground structures (excluding bored piles).

CONCRETE SPECIFICATION

a. Seller's Ready-Mixed Concrete is manufactured in accordance with the relevant requirements stipulated in BS5328:1990 for Ready-Mixed Concrete; the grade(s) of concrete quoted constitute the minimum compressive strength at 28 days, based on test cube results in accordance with BS 1881:1983. If the concrete quality is conclusively found to be below the required strength, our liability shall be limited to delivering concrete equivalent to the volume of defective concrete, and we shall not be liable for any other losses or damages.

b. Seller shall not be responsible for concrete failure or rejects attributable to: addition of water and/or admixture to the concrete by the customer's employees, agents, contractors or third parties either before or after discharge from the mixer truck; poor handling and placing from the mixer truck; placing of concrete while raining; or delay in placement time beyond 2 hours from the concrete batching time.

TERMINATION

Where the customer makes any voluntary arrangement with its creditors, becomes subject to an administration order or winding-up petition, is adjudicated bankrupt or goes into liquidation (other than for amalgamation or reconstruction); or an encumbrancer takes possession or a receiver is appointed over any property or assets of the purchaser; or the Customer ceases or threatens to cease carrying on business; or Seller reasonably apprehends any of the foregoing is about to occur and notifies the customer; or in the event of any default in payment or breach of any other terms herein — Seller shall have the right to terminate this agreement without prejudice to any other right or remedy available, and if delivery has been effected but the invoice is unpaid, the invoice shall become immediately due and payable.

The Seller reserves the right to vary this Contract at any time and manner as it may deem fit and necessary.

8 December 2022

Terms and Conditions