Standard Conditions of Contract of Leicestershire Concrete Pumping Ltd

These Standard Conditions of Contract (Standard Conditions) have been registered

under the Restrictive Trades Act 1976. If any amendments are

made to the Standard Conditions by the contracting parties, they will cease to

be the Standard Conditions and should not be referred to as such.

Standard Conditions of Contract for the Hire of a Concrete Pump.

PRELIMINARY

1. The conditions shall apply to and shall be incorporated in any contract

based on or arising out of the tender. The person, firm or company issuing the

tender is hereinafter referred to as ‘the Company’. No representative,

employee or agent of the Company has any authority to add or vary to these

conditions with the Company’s official confirmation in writing, no other conditions

or warranties shall be implied or deemed to be incorporated in the contract.

The person, firm or company placing an order or accepting a pumping service

pursuant to the tender is hereafter referred to as ‘the Customer’.

RESPONSIBILITY OF THE CUSTOMER

2. The Customer is solely responsible for the provision of a supply of concrete

of a suitable and readily pumpable consistency at a suitable rate and shall be

responsible for informing the Company of the nature and amount of any

additive incorporated in the concrete. The Company cannot accept any

responsibility for delays in output arising from failure in this respect. The

Customer is also solely responsible for ensuring that the concrete supplied is

of quality and strength suitable and sufficient for his purpose.

3. The Customer shall provide the following facilities without charge to the

Company: -

(a) Cement for grounding the pipelines at the rate of 50kg per 20

metres between the Pump and the point of discharge.

(b) An adequate piped water supply at the Pump position.

required.

(d) Facilities for washing out the Pump and adequate assistance in

clearing any spillage.

(e) Any additional labour required in respect of pipeline erection and (f)

Suitable supports for pipelines and anchorage points for vertical

pipelines.

(g) All access scaffolding and ladders necessary for the safe and

proper execution and progress of the work. The Company have not

included the cost of providing, erecting or moving any necessary

scaffolding.

4. The Customer shall provide and clearly indicate to the Company: -

(a) A safe and proper route from the metalled highway to the point

where the Pump is to operate;

(b) A suitable firm and level hardstanding at such point; and

Customer shall indemnify the Company (both for itself and as agent

and trustee for the Operator) against any damage to the Pump or loss

suffered by the Company or the Operator which may result from failure

to comply with this condition.

5. The Customers attention is drawn to the fact that the Company requires up

to sixty minutes at the beginning and end of a pumping operation to set up,

derig, wash out and prepare for travel. Unless otherwise agreed in writing: -

(a) The Customer shall be prepared to allow the pump to arrive on site

up to sixty minutes before it is ready to operate and to allow it to go of

site up to sixty minutes after it has ceased to operate;

(b) This period of time shall be charged for at the working rate.

(a) The Customer shall be responsible for compliance with the Building

(Safety, Health and Welfare) Regulations and with all other

Governmental, Local Authority and other regulations for the time being

in force relating to the works being carried out by him.

(b) The Company shall be responsible for compliance with the Advisory

Code for Safety in Concrete Pumping issued by the British Concrete

Pumping Association as from time to time in force.

7. Subject to the provisions of clauses 9, 11 and 12 below the Customer shall

make good to the Company all loss of or damage to the Pump from whatever

cause the same may arise, fair wear and tear expected, and shall fully and

completely indemnify the Company in respect of all claims by any person

whatsoever for injury to person or property caused by or in conjunction with or

arising out of the use of the Pump and in respect of all costs and charges in

connection therewith whether arising under statute or Common Law save in

accordance with the Unfair Contract Terms Act 1977 the Company shall

remain liable for claims for death or personal injury resulting from the

negligence of the Company.

(a) The Customer shall not repair the Pump without the written

authority of the Company.

(b) The Customer shall be responsible for all expenses involved arising

from any breakdown and all loss or damage incurred by the Company

due to the Customer’s negligence, mis-direction or mis-use of the pump,

whether by the Customer or his servants or agents.

9. If the Company’s pump is involved in any accident resulting in injury to

persons or damage to property, immediate notice must be given to the

Company and confirmed in writing, and in respect of any claim not within the

Customer’s agreement for indemnity, no admission, offer, promise of payment

or indemnity shall be made by the Customer without the Company’s consent

in writing.

10. Without prejudice to his liability to indemnify the Company, the Customer

shall effect and keep in force policies of insurance against his liabilities under

the contract in respect of personal injury or death and in respect of injury or

damage to property. As and when he is reasonably required to do so by the

Company, the Customer shall produce for inspection by the Company

documentary evidence that such insurances are in force and are properly

maintained.

RESPONSIBILITY OF THE COMPANY

11. The Company shall supply a person competent in operating the Pump

(herein called ‘The Operator’) and such a person shall be under the direction

and control of the Customer. The Operator shall for all purposes in connection

with his employment in the working of the Pump be regarded as the servant or

agent of the Customer, and whenever the Operator is acting under the

direction or control of the Customer then the Customer alone shall be

responsible for all claims arising in connection with the operation of the Pump

by the Operator. The Customer shall not allow any other person to operate

the Pump without the Company’s previous consent in writing.

12.

(a) No allowance will be made to the Customer for any stoppage due to

a breakdown of the Pump caused by the Pump being defective, for any

stoppage due to a breakdown of the Pump caused by fair wear and

tear, and for any stoppage for normal running repairs in accordance

with the terms of the contract.

(b) Subject to the provisions of Clause 8 above, the Company will be

responsible for the cost of repairs to the Pump involved in breakdowns

and will bear the cost of providing spare parts.

13. No claims will be admitted (other than those allowed for as herein

provided), for stoppages through causes outside the Company’s control,

including bad weather or ground conditions nor shall the Company be

responsible for the cost or expenses of recovering the Pump from soft ground.

14. Each pump specified in the Contract is hired as a separate unit and the

breakdown or stoppage of one or more Pumps (whether the property of the

Company or otherwise) through any cause whatsoever, shall not entitle the

Customer to compensation or allowance for loss of working time by any other

Pump or Pumps working in conjunction therewith.

15. Save in respect of the Company’s liability, if any, under Clauses 11 and 12

the Company accepts no liability nor responsibility for any consequential loss

or damage due to or arising through any cause beyond it’s control.

CHARGES

16. The Customer shall ensure that a person authorised by him will sign any

delivery docket presented in respect of the delivery of any ready mixed

concrete (whether in relation to it’s mix, description to the addition of water or

of any other materials to the time of its arrival or the completion of its

discharge to its receipt and otherwise) which the Company may be required to

pump and in default the Customer authorise the Operator to sign any such

paper.

17. Unless otherwise agreed the quantities of concrete pumped by the Pump

shall be assessed (except to the extent that the Company shall show that any

such assessment is not responsibly accurate) by reference (in the case of

ready mixed concrete) to its supplier’s delivery docket and (in the case of site

mixed concrete) to the quality of concreting materials used by the Customer

and to the mix–proportions on which the Customer has based his production

to concrete. Where assessment is made by reference to mix-proportions the

Customer shall afford the Company all such facilities as the Company may

responsibly require for the verification of quantities of materials used and of

the accuracy of the mix-proportion figures.

18. The Company shall present daily to the Customer a worksheet showing

the volume of concrete pumped by it and the times when it arrived on site

when it was ready to operate when it started pumping and when it went off

site and the Customer shall ensure that an authorised person will sign a copy

of such worksheet to confirm the correctness of the information shown on it.

19. The Customer’s order is accepted on the basis that the Customer will

book his requirements on a daily basis in accordance with such arrangements

as made from time to time be agreed between the Company and the

Customer. One clear working day’s minimum notice of cancellation is

required, and the Company reserves the right to charge the Customer for any

loss incurred due to insufficient notice being given.

20. Quotations are submitted on the basis of the normal working week

industry and the Company reserves the right to amend the rates quoted if

special hours of working and/or conditions are required or prove to be

necessary.

GENERAL

22. Unless otherwise stated terms of payments are:

Payment in full in advance or on the day of delivery/pumping either by

debit or credit card, Internet bank transfer or cash. We regret that payment

by cheque is not accepted.

23. The Company reserves the right to refuse to execute any order if the

arrangements for payments or the Customer’s credit are not satisfactory to it,

and to suspend or discontinue the Company’s service to any Customer whose

account is overdue for payment. Notice of any such suspension or

discontinuance shall be given by the Company to the Customer in writing as

soon as responsibly possible.

24. If during the continuance of the contract or at any time thereafter any

dispute, difference or question shall arise between the Company and the

Customer in regard to the contract or the construction of the condition or

anything herein contained or the rights of liabilities of the Company or the

Customer such dispute, difference or question shall be referred pursuant to

the Arbitration (Scotland) Act 1984 as the case may be or any Statutory

modification thereof to a sole Arbitrator to be agreed upon by the Company

and the Customer and failing agreement, to be appointed at the request of

either the Company or the Customer by the President for the time being of the

Institution of Mechanical Engineers.

SPECIAL CONDITIONS

Leicestershire Concrete Pumping Ltd will not incur any costs for any loses of materials

(concrete) due to breakdown of machinery or injury to operators.

Standard Conditions of Contract of Leicestershire Concrete Pumping Ltd

These Standard Conditions of Contract (Standard Conditions) have been

registered under the Restrictive Trades Act 1976. If any amendments are