Credit Application.
Please complete the online credit application form.
This application will take you approximately 10 minutes to complete. We aim to process all applications within 2 working days. Please read and accept the terms of sale to proceed to the online application form.
Please ensure you have the following information ready:
Director/Proprietor details
A copy of your Drivers License and/or Passport
The Urban Quarry Terms of Sale
1. Applicable Terms
Notwithstanding any terms of trade of the customer, these Standard Terms of Sale will apply to all supplies of Goods to a customer by The Urban Quarry, a business unit of Fletcher Concrete and Infrastructure Limited (the “Company”), unless the Company and the customer expressly agree otherwise in writing.
If the Company agrees that the Goods will be supplied on credit terms (and not as a cash sale with payment in full at or prior to delivery), the Fletcher Building Terms of Credit will also apply to that supply of Goods in conjunction with these Standard Terms and Conditions of Sale. In the event of any inconsistency between these Standard Terms and Conditions of Sale and the Fletcher Building Terms of Credit, the provisions of the Fletcher Building Terms of Credit will prevail.
The Company may amend these Standard Terms and Conditions of Sale from time to time.
2. Prices & Quotations
The customer may request a Quotation from the Company setting out the price and quantity of the Goods to be supplied.
All Quotes are based on the prices in effect at the time of quotation. Any increase in rates or charges shall result in an equivalent increase in the quoted price. Quotes do not include GST unless otherwise specified.
The Company reserves the right to implement a surcharge for alterations to specifications of Goods after a Quote has been accepted, or an Order has been placed, by the Customer.
Quotes are prepared in accordance with information provided by the Customer. The Company will not be liable nor will it be bound by the Quote where:
a) such information is inaccurate or any information is omitted; or
b) the Customer makes any variations to the Goods quoted for; or
c) a Quote includes an estimate of quantities and the actual quantity supplied is different from that provided for in the Quote.
An estimate as to price or quantity is not binding on The Urban Quarry (even if the estimate forms part of a Quote).
The Company may decline, in whole or in part, any Order in its sole discretion.
A Quote will be valid for 30 days from the date it is provided to the Customer unless otherwise specified on the Quote.
All Goods are sold by weight - cubic conversations are to be used as a guide only. A Customer’s acceptance of a Quote constitutes a binding promise to purchase the Goods the subject of the Quote.
These Terms may be modified or added to by specific terms specified by the Company in a Quote or an acceptance of an Order.
3. Delivery
Risk in the Goods shall pass to the Customer upon delivery. Delivery of Goods shall be deemed to occur when Goods are delivered to the address specified in an Order or Quote or, if no delivery address is specified, when:
a) the Goods arrive at the address specified by the Customer (whether or not the Customer is present to acknowledge receipt), or
b) the Customer takes possession of the Goods, whichever occurs first.
The Company may deliver Goods by instalments. If the Customer fails to pay for an instalment on the due date, the Company may suspend deliveries of future instalments.
Where the Company delivers the Goods, the Customer must:
a) ensure the Company has all-weather access to the site, to enable the Company to deliver the Goods safely;
b) obtain all necessary consents from the relevant local authority and inform the Company of all matters relating to such consents;
c) locate, mark and advise the Company of all pipes, cabling and other utilities that are on, or near, or adjacent to the delivery point, and of any actual or possible hazard on the land where Goods are to be delivered; and
d) indemnify the Company against any costs, claims and damages incurred by the Company in the delivery of the Goods including any cleaning, repairing of damage to the site or delivery equipment and returning of the delivery vehicle to the road.
The Customer assumes all liability for damages to footpaths, kerbs, drains or other property for any deliveries beyond the kerb line and is responsible for any salvage charges incurred in returning the vehicle to the roadway. The Customer is responsible for the removal of any mud, clay etc from the delivery truck wheels and for the removal of mud, clay etc tracked or on footpaths, roads etc by the trucks.
The final decision on entry onto any site will be at the Company’s discretion. Failure to deliver where the Company relies on this clause will not be deemed to be a breach of contract by the Company.
If the Customer collects the Goods from The Urban Quarry, the Customer agrees that it shall comply with the Company’s rules applicable to health and safety at the Company’s site, including ensuring that they are inducted to an appropriate induction standard at the site. The Customer shall also assist The Urban Quarry to provide and maintain a safe and healthy workplace where all hazards, unsafe acts and/or conditions are identified and analysed before being controlled by elimination/isolation or minimisation of the risk of harm.
The Customer must make any claims for short delivery within 48 hours of delivery of Goods by the Company, and must state the date of delivery of the Goods and the delivery docket number.
The despatch docket will set out the specifications of the Goods ordered by the Customer. The Customer shall be responsible for signing the despatch docket and for checking that such specifications are correct prior to the discharge of the Goods from the Company’s truck.
If the Customer refuses all or part of any Order upon delivery at the Customer’s site, the Customer shall be bound to make full payment for the Goods, together with all disposal costs in respect of the returned Order (or any part of it).
The Customer shall pay all freight and cartage charges, and any additional costs or expenses incurred by the Company in delivering the Goods to the address requested by the Customer (including charges for waiting time, unloading equipment and labour, or delivery outside of normal business hours).
Unless otherwise agreed between the parties, the Company will supply the Goods during normal working hours. Any costs attributable to the Company being required by the Customer.
4. Returns & Cancellations
The Company is under no obligation to accept the cancellation of any Contract or the return of Goods, unless agreed to in writing by the Company. A failure or refusal to sign a despatch docket shall not be evidence of rejection of any Goods or cancellation of any Contract.
Provided: a) the Goods are in their original condition and packaging as supplied; and
b) the Goods have not been used; and
c) The Customer pays any charges due for the delivery of the Goods, plus a handling charge; and
d) if the Company collects the Goods from the Customer, the Customer pays the Company’s charges for doing so, then the Company may (at its discretion) agree in writing for Customer to return some of the Goods for credit by quoting the date of delivery and the relevant despatch docket numbers or invoice number.
Goods which are damaged before delivery to the Customer may be returned to the Company, at the Company’s cost, for replacement or credit by quoting the date of delivery and the despatch docket numbers or invoice number provided that:
a) the Customer notifies the Company in writing of the damage, and requests the Company to uplift the Goods, within 48 hours of delivery of the Goods, and
b) the Goods are in their original condition and packaging as supplied.
c) the Goods have not been used.
5. Warranty
To the fullest extent permitted by law, the Company excludes its liability for business-to-business transactions under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, in particular sections 9, 12A, 13 and 14 of the Fair Trading Act 1986 and any other applicable consumer law. Where the customer is a “Consumer” as defined by the Consumer Guarantees Act 1993, the Consumer Guarantees Act will apply, and nothing in this clause is intended to limit any applicable rights of a customer (including the benefit of any applicable statutory warranties) under the Consumer Guarantees Act in relation to the supply of Goods to that customer.
The Company expressly excludes all statutory, express or implied warranties in respect of the Goods including, without limitation, the implied warranties of merchantability and fitness for any particular purpose of the Goods (to the extent permitted by law). Colour and texture variations may occur in Goods and from samples due to:
(a) The use of natural materials in the manufacturing process;
(b) Normal manufacturing tolerances and processes; and
(c) Weather.
The Customer agrees that such variations do not constitute a defect in the Goods and the Company shall not be liable for any loss or damage suffered by the Customer as a result of such variations.
6. Intellectual Property
All intellectual property rights in the Goods or arising out of the performance of the Services are and shall remain the property of the Company.
The Customer warrants that to the best of its knowledge after making reasonable inquiries any design or drawing provided by it does not infringe any intellectual property rights of any other person.
7. Clean Fill
All material presented to the Company for disposal must be Clean Fill and must comply with the Clean Fill Limits.
Prior to disposal of material at the Company, the customer must complete a Clean Fill waste acceptance declaration form in the form set out in the schedule to these Terms.
The Company reserves the right to reject any material presented for disposal. Material presented for disposal that does not comply with the Clean Fill Limits will be rejected by the Company.
The Customer shall indemnify the Company against all loss, damage and expense suffered by the Company and associated with disposal of material and making good any property /premises operated by or on behalf of the Company as a result of material disposed of that does not comply with the Clean Fill Limits.
The Customer must ensure that all information provided to the Company is correct and accurate and will indemnify the Company against any loss, damage cost or expense suffered by the Company as a result of a breach of this clause, including (without limitation) costs of removal or disposal of material, or cleaning of vehicles or other equipment.
8. General
In these Terms, unless the context otherwise requires:
Clean Fill has the same definition as set out in Rule 5.5.48 (a) of the Auckland Regional Plan (“ARP”) and as described in the cleanfill definition and acceptance criteria set out in the schedule to these Terms.
Clean fill limits means the acceptance limits for Clean Fill tipping set out in the schedule to these Terms and marked “Clean fill limits”.
Customer means the person buying the Goods from The Urban Quarry. Where the Customer comprises two or more persons, those persons shall be liable under these Terms jointly and severally.