Terms of Trade
TERMS AND CONDITIONS OF SALE FOR Fletcher Concrete and Infrastructure Limited trading as Dricon (Dricon).
Please contact 0800 374 266 for a Credit Application.
1. APPLICABLE TERMS
You acknowledge that these Terms of Trade are to be read in conjunction with the Dricon Specific Terms & Conditions agreed to by you, any Dricon Quotation provided to you, and the Fletcher Building Terms of Credit, which shall apply to each sale of the Goods to you as Dricon’s customer.
2. GENERAL
For the purposes of these terms:
"Goods" means all bagged premixed concrete products, additives, oxides and other related products (as may be sold from time to time) supplied by Dricon, including all goods referred to in any invoice issued by Dricon to you at any time; and
"GST' means goods and services tax within the meaning of the Goods and Services Tax Act 1985.
3. GOODS AND PRICE
Goods will be supplied at the prices set out in your Specific Terms & Conditions or, if not otherwise set out or agreed in writing with you, at the price contained in Dricon’s price list, current on the date of order (plus GST, if applicable). Dricon may alter its price list at any time without prior notice.
Dricon may, at any time, add products to its product range, remove products from its product range or amend particular products in its product range without prior notice.
4. DELIVERY
4.1 Except where Dricon has agreed to deliver or arrange for the delivery of Goods, delivery of Goods will be deemed complete when the Goods are available for collection from Dricon’s premises on the specified delivery date, and you shall be responsible for arranging the carriage of the Goods to your premises.
4.2. Where Dricon has agreed in writing to deliver or arrange the carriage of the Goods:
(a) loading or deliveries carried out outside the normal operating hours set out in the relevant Dricon Quotation (or as otherwise notified to you) must be by special arrangement and will incur an extra charge;
(b) delivery will in all cases be deemed complete when the Goods arrive at the delivery address specified by you;
(c) you are responsible for ensuring, at your cost, that the delivery address has safe, sufficient and suitable means of access. Dricon shall, at its discretion, determine whether there is safe, sufficient and suitable access and may leave the Goods as near to the delivery address as a safe, hard public road permits or refuse delivery. It is your responsibility to provide a spotter if the delivery truck is required to reverse while on site;
(d) if the Goods cannot be delivered due to unsafe, insufficient or unsuitable access or otherwise) or if you fail or refuse to take delivery of any Goods at any specified delivery time, Dricon may (without limiting any other right that it may have) charge you for any of the following expenses incurred:
i. hourly truck and driver rates for waiting time; and
ii. transportation and/or disposal of the Goods or any other additional expenses incurred in relation to the Goods; and
(e) delivery of the Goods will be undertaken at your risk and Dricon will be deemed to be acting as an agent for and on behalf of you and not as a “carrier” for the purposes of the Carriage of Goods Act 1979.
4.3 Dricon supplies Goods on a reasonable endeavours basis and will not be liable for any loss, costs, general or liquidated damages resulting from a delay in the delivery of the Goods. Any stated time for delivery is an estimate only. Late delivery or failure to deliver any Goods does not entitle you to cancel any order or part order. All claims for errors or short delivery must be made to Dricon in writing within five days of delivery. Without limiting any other provision in these terms, Dricon is not liable for any shortages or damage to Goods where the Goods are left on-site unattended, following delivery.
4.4 Unless Dricon agrees otherwise in writing, delivery charges are to your account. You will pay to Dricon any additional and/or consequential costs or expenses incurred by Dricon in delivering the Goods where it is asked, guided or instructed by you, or otherwise required in the circumstances, to leave a public road or street or paved or sealed road or street to deliver the Goods to the address requested by you, or where safe, suitable and sufficient access is not provided. Such costs or expenses include (but are not limited to) the following:
(a) any claims against Dricon for damage to third party property;
(b) the cost of repairs to the delivery vehicle or any property of Dricon if damaged during such delivery;
(c) cost of recovery of the delivery vehicle
(d) additional labour or transport costs incurred in such delivery.
5. TESTING
5.1 Unless stated otherwise, product testing is based on our normal quality testing schedule for our ISO accreditation. If you require specific testing, please contact a Dricon Customer Development Representative for pricing.
5.2 Notwithstanding that testing may be requested in the project specification, Dricon products will only be sampled for testing on any project when you specify this to the Dricon account manager at the time of quoting that project. Dricon will conduct any quality testing in accordance with specified building code requirements.
5.3 Rejected concrete that is within the tolerances for slump defined by NZS3109 will be invoiced.
6. AESTHETIC FINISH OF THE GOODS
6.1 Concrete and concrete products are manufactured from natural materials and may produce varied shades and surface textures. Dricon will not accept responsibility for variation in shades and surface textures caused by factors outside of its control.
6.2 Concrete cracking is common and to be expected to some extent. Cracking is caused by factors significantly out of Dricon’s control, and Dricon will not be liable whatsoever for early aged or hardened concrete cracking or subsequent loss of function or amenity, unless it can be shown concrete compressive strength is less than levels set in NZS3104 and concrete strength is the significant cause for concrete cracking or breakdown of concrete element.
6.3 Efflorescence, both white and brown, is a naturally occurring phenomenon caused by moisture movement through concrete and other cement based products. Dricon does not accept responsibility for efflorescence as it is outside of Dricon’s control.
7. PALLETS
Where pallets are supplied by Dricon, Dricon may impose an additional charge on you for such supply as a bond, as set out in the applicable Specific Terms & Conditions. Dricon may refund the bond charged on the pallets previously supplied by Dricon and issue a credit to you as the account holder on return of the pallets, such credit being at the sole discretion of Dricon but will take account of the condition of the pallets and the cost of collection where appropriate.
8. ENVIRONMENTAL COMPLIANCE
You acknowledge that you must comply with all laws (including without limitation the Resource Management Act 1991) in respect of the use, storage and/or disposal of any Goods.
9. MISCELLANEOUS
9.1 If at any time Dricon does not enforce any of these terms or grants you time or other indulgence, Dricon will not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.
9.2 If any of these terms or any part of them, are held or found to be void, invalid, unenforceable or otherwise ineffective by operation of law, they shall (to the extent necessary) be deemed to be severed from these terms but the remainder shall remain in full force and effect.
9.3 The right of Dricon to sub-contract the whole or any part of any order for Goods is hereby reserved.
9.4 All customary construction industry tolerances will apply to the dimensions and measurements of the Goods unless Dricon agrees otherwise in writing.
9.5 The terms of supply are governed by, and will be construed in accordance with, the laws of New Zealand.