Madmix Terms and Conditions

1.0 Website

1.1 Terms of use – These terms and conditions relate to the use of the Madmix website.  Please read these conditions carefully as, by using the website, you will be taken to have agreed to be bound by them.  We reserve the right to vary the conditions of use at any time.  You are advised to review the conditions of use on a regular basis, as you will be deemed to have accepted variations if you continue to use the website after they have been posted.

1.2 Disclaimer – We take every care and precaution to ensure that information published on the website is accurate when posted and regularly updated, but do not guarantee its accuracy.  You are advised to verify the accuracy of any information before acting upon it, which may include obtaining appropriate independent advice.

1.3 The information contained in the website could include technical inaccuracies or typographical errors.  We have made reasonable efforts to ensure that the information is accurate at the time of inclusion.  However, like any printed material, the information may be out of date at the time of access by the visitor.  We shall not be liable for any error or omission in, or any failure to update, such information and any decisions based on the information are the sole responsibility of the visitor.  We reserve the right to make changes to this website at any time without notice.

1.4 We publish the website “as is” without any warranty of any kind, express or implied, as to the operation of our website, the accuracy of the information or the products or services referred to on the website.  We shall not be liable for any losses or damage that may result from use of the website as a consequence of any inaccuracies in, or any omissions from, the information, which it may contain.  Madmix excludes all liability, to the full extent permissible by law, that may arise from your use of, or reliance on, the content of this website.

1.5 Cookies & Google Analytics – By using the Madmix website, you consent to the usage of data captured by the use of cookies. Cookies allow us to do multiple things to enhance and improve your browsing experience on our website. If you wish to turn off cookies, please adjust your browser settings. Our website will continue to function without cookies.  We use cookies to track visitors to our website; these details are in no way personal or identifiable details and will never be shared. Our cookies are for the sole purpose of improving the performance of our website for you, the user; this includes allowing us to geo-target our users, to make websites more personal and relevant to you.  Below are the third-party tools we use:

• Google Analytics – Page views, source and time spent on website are part of the user website activities information we can see with this cookie. This information cannot be tracked back to any individuals as it is displayed as depersonalised numbers; this is in order to help protect your privacy whilst using our website. Using Google Analytics we can take account of which content is popular, helping us to provide you with reading and viewing materials which you will enjoy and find useful in the future.  We also use Google Analytics Remarketing cookies to display adverts on third party websites to our past site users, based on their past visits. The data we collect will only be used in accordance with our own privacy policy and Google’s privacy policy.  Should you not wish for your website visits to be recorded by Google Analytics, you are able to opt-out with the addition of a browser add-on: Google Analytics Opt-out Browser Add-on
• Google Analytics Advertiser – We use Google Analytics Advertiser Features, which helps us to better understand site visitors, via anonymised data. This can include collecting information from:
• Google Display Network Impression Reporting
• DoubleClick Platform integrations
• Google Analytics Demographics and Interest Reporting
• Remarketing with Google Analytics

This information is collected via Google advertising cookies and anonymous identifiers, in addition to data collected through the standard Google Analytics implementation. It allows us to understand what type of users visit the site, which then allows us to improve the website’s offerings for a better user experience.

You can learn more about how Google uses cookies in advertising by viewing Google’s cookie policy.

• Google AdWords – We use Google AdWords to see which pages led to our users submitting contact forms to us, which allows us to create a more effective marketing campaign and make better use of our paid search budget.
• DoubleClick – We use DoubleClick cookies and remarketing codes on our website to record user activity. The information we collect allows us to create targeted advertising in future work and across Google’s network of partners.
• Website Optimiser – Our website optimiser uses cookies to remember your search history. The information collected is anonymous and not personally identifiable, and allows us to generate more relevant results for your searches in the future.
• Call Tracking – We use Call Tracking to set dynamic phone numbers on our site. These help us identify how you found the website when you call us and allows us to identify the source that you used to find the website. It gives a better idea of our users’ requirements and lets us tailor our advertising methods in the future. If you phone us, your call may be recorded for training and quality purposes.
• Visitor Tracking – We often record and monitor user’s behaviour around a website to analyse how we can improve its performance.

1.6 Privacy & Personal data – By using this website to contact us, any personal details that you provide may be used to directly contact you to provide information relevant to your enquiry.  Any information you provide may be stored and used to contact you in future regarding our services.

1.7 Links to external websites – Certain links on this website lead to other websites that will have separate privacy and data collection practices.  We have no responsibility or liability for those third-party policies.  A link from us to another website does not imply endorsement of that organisation or their information.  If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all necessary protective measures to guard against viruses or other destructive elements.

1.8 Applicable law – The laws of England govern these conditions of use, and you agree that the English Courts shall have exclusive jurisdiction in any dispute.

1.9 Copyright & Intellectual Property – All copyrights in this website are strictly reserved to Madingley Mulch.  All copyrights in this website including illustrations, pictures, sound, scripts, animation and other material appearing on this website, otherwise known as “content”, belong to Madingley Mulch or third parties authorising Madingley Mulch to use the copyrights. 

1.10 In accessing the Madmix website, you agree that you will use the contents for your own private use.  You may not make alterations, copy, store in any medium (including other websites), distribute, transmit any part of the website without the prior written permissions of Madingley Mulch in accordance with the Copyright, Designs and Patents Act 1988.

1.11 “Madmix” and “Madingley Mulch” are fully copyrighted trading names held exclusively by East Anglian Haulage Limited.

2.0 Quotations, Orders and Specifications

2.1 Quotations – Any quotation (written or verbal) is given by the Company on the basis that no Contract will come into existence until the Company accepts the order by either dispatching an acknowledgement of order to the Buyer or (if earlier) delivering the Goods. Any quotation is valid for a period of 30 days only from its date unless the Company has previously withdrawn it. The price quoted in any quotation may be varied by the Company at any time giving not less than seven days written notice and the varied price shall apply to all orders delivered in accordance with these Conditions after the date specified in the notice.

2.2 Orders – Each order for the Goods by the Buyer to the Company shall be deemed to be an offer by the buyer to purchase these Goods subject to these conditions. No order which has been accepted by the Company may be cancelled or postponed by the buyer except with the agreement in writing of the company and on terms that the Buyer shall indemnify the Company in full against all losses (including loss of profit), costs (including the cost of all labour, materials and tipping (where applicable), damages, charges and expenses incurred by the Company as a result of the cancellation or postponement. 

2.3 Price variations – Quoted prices are based on the cost of materials and labour ruling at the date of quotation (plus VAT). 

2.4 Payment – Quoted prices apply to payment by credit or debit card or by previously agreed credit arrangements. We reserve the right to refuse to execute any order or discontinue deliveries if the arrangements for payment in section 5 (below) are not satisfied.

2.5 Conditions – Any contract resulting from acceptance of this quotation shall be subject to these Conditions to the exclusion of any conditions which you seek to impose. No variation of these Conditions may be agreed except in writing over the signature of a Director of East Anglian Haulage Limited (the owner of Madmix) 

2.6 The Company reserves the right to charge the Buyer an additional charge where (i) the supply of goods is required by the Buyer outside the company’s normal working hours (ii) delivery of the Goods is required in part loads rather than full loads; (iii) for any reason, the delivery vehicle is unable to discharge its load within 30 minutes of arrival at the Buyers site and (iv) the Buyer purchases quantities of the Goods which are substantially different from the quantity specified in the quotation. 

2.7 The Buyer will be responsible to the Company for ensuring the accuracy of the terms of any order and any applicable specification. 

2.8 The quantity, quality, description and specification of the Goods shall be those set out in a quotation or where no quotation as set out in the delivery ticket. 

2.9 Sampling and testing shall be carried out in accordance with the appropriate British Standard, or specification shall be discharged by the Company at the time of supply of the Goods to the Buyer on the basis that the Company is the supplier and not the user of the Goods.

3.0 Deliveries, Access and Waiting Time

3.1 Delivery of the Goods shall take place either on discharge into the Buyer’s vehicle at the Company premises or on discharge from the Supplier’s vehicle at the Buyer’s site or as otherwise agreed by the parties.

3.2 The Buyer must provide safe and adequate access to the point of Discharge of the Goods, including adequate manoeuvring space for the delivery vehicle. Failure to comply may result in the Company refusing to make delivery and charging the Buyer with the costs incurred. 

3.3 Except in cases of negligence by the Company or its drivers the Buyer shall indemnify the Company and its drivers against damage or injury caused during the presence on the Buyer’s site or access thereto by the delivery vehicle.

3.4 On any delivery (howsoever effected) the buyer must (i) satisfy itself as to the condition of the Goods; (ii) allow delivery of the Goods when they come into the Buyers site; (iv) Sign any record produced by the Company or its drivers in respect of any delay after the arrival of the Goods at the Buyer’s site, Standing Time, authorised day work or other records.

3.5 Where the Buyer fails to comply with any of the conditions contained in Condition 3.4, or the Company is unable to deliver the Goods on time because of the Buyer’s default then (i) risk in Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence) and (ii) The Goods will be deemed to have been delivered. 

3.6 Any time, period or date specified by the Company for delivery of the Goods is intended to be an estimate only and the Company shall not be liable for any damages or losses (including as a result of negligence of the Company) arising out of failure to meet such time, period or date. 

3.7 Access – Each order is accepted by us on the understanding that your site can be approached by a hard road. Our driver is empowered to refuse delivery if in his opinion there exists a risk of damage to his vehicle, you being responsible for costs incurred if the delivery is aborted. We do not go off hard standing ground unless at your own risk. We accept no liability for damage caused to your roads or property or persons of others on the site by use of the vehicle. You shall be liable to make good any damage caused to our vehicles and/or any recovery costs should our vehicle be stuck on your site.

3.8 Provision should be made for our driver to wash down chutes after delivery is complete before entering the highway.

3.9 Waiting time – Prices are quoted on the assumption that no unreasonable delay in discharge will occur. Waiting time will be charged at £1.50 (plus VAT) per minute after the first 30 minutes on site.

3.10 Water – Extra water affecting strength or workability shall be noted on the Ticket/Invoice and is added only at the customer’s request and risk. Customer is advised that if extra water is added to the concrete this may result in non-conformance.

3.11 Delays – We reserve the right to suspend or delay without penalty of any kind in the event of war, civil commotion breakdown or any accident or other cause.

3.12 Where concrete is supplied, the concrete must be discharged within two hours of batching (or as otherwise agreed at the Company’s discretion but at Buyers risk) and if the Buyers prevent such discharge, the Buyer will be charged for the concrete, its delivery, return and disposal. 

3.13 Extreme temperatures – Your attention is drawn to the fact that during extreme ambient temperatures, we are unable to guarantee the concrete temperature will not fall outside EN206, BS8500 (below +5 to above + 30 degrees centigrade). Your signature on the ticket is your awareness/acceptance of the above.

3.14 Customer acknowledgement – Customers’ signature on our Delivery Ticket shall be deemed acknowledgement and acceptance of these conditions of sale.

3.15 Cancellation – Cancelled orders are charged at £30 per m³ ordered with a minimum charge of £180. No charge will be made for cancellation by you up to 3pm on the working day prior to delivery except in the event that goods have been specially processed to meet your requirements. In this event you will meet the expense incurred. Consignments ordered and delivered to site must be paid for in full. We reserve the right to impose a suitable charge on any other cancelled orders to compensate for reasonable losses.

3.16 Risk and title – Unless otherwise provided in these Conditions, the risk in the Goods shall pass on delivery as provided by these conditions.

3.17 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account and the Company shall be entitled to enter onto the Buyer’s site to recover the Goods.

4.0 Quality and Defects

4.1 Quality – The Company shall not be liable to the Buyer for any defect in the Goods or for any loss claimed to result, therefor unless the Buyer notifies the Company in writing of the alleged defect or failure within the 14 days of delivery; allows the Company all reasonable facilities to enable it to investigate any such defect or failure promptly, beginning with an analysis of the electronic batch report and to advise the Buyer of any remedial action which may be appropriate and follows the Company’s reasonable advice and carries out any reasonable action recommended to it by the Company.

4.2 The Company accepts no responsibility for the workability, strength or quality of its concrete if the Buyer shall have added anything whatever to it or authorised the alteration of the mix such that the workability of the concrete is different from that specified and ordered and outside the tolerances specified in the quotation. 

4.3 Defects – Are limited to the cost of removal and replacement. We can only accept such liability where you can establish: – 

a) no additional water or other material has been added to the product after it has been declared by our agent or employee as ready for acceptance.

b) where the concrete has been worked, laid and covered in the correct and professional manner.

c) we have been given the opportunity of investigating any alleged defect and of making recommendations as to any remedial action to be taken.

4.4 Consequential loss – We shall in no circumstances be liable for consequential loss or damage.

4.5 Warranty and liability – No warranty or representation is given that the Goods are suitable for any particular purpose and all warranties, conditions and the other terms implied by statue or common law (save for all the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended) are, to the fullest extent permitted by law, excluded from the Contract.

4.6 Where the Goods supplied by the Company are proved to be defective and the Buyer has complied with Condition 4.1 the Company will replace the Goods as promptly as possible without charge and will reimburse the Buyer for any expense proved to have directly incurred in the removal and replacement of the defective Goods. Save as aforesaid and save in respect of death or personal injury caused by the negligence of the Company, the Company shall not be liable whether in Contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise to the buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with the supple of Goods or their use by the Buyer except as expressly stated in these Conditions. Without limitation to the generality of the forgoing, the unsuitable application, wrongful handling or placing or from any fault in a design or specification provided by or on behalf of the Buyer.

4.7 The Company accepts no liability for any failure in performance of any contract or the provision of any data in connection therewith arising from any incompatibility in between the computer systems of the Company and the Buyer.

5.0 Payment for goods

Non-account customers

5.1 Payment will be taken on the day before delivery by credit or debit card, or by another previously agreed payment method (i.e. BACS).  

5.2 Card details are taken in advance and entered directly onto a secure web-based payment portal.  We reserve the right to carry out a pre-authorisation of the card to verify its authenticity prior to taking any payment.

5.3 Additional payments – the same card may be charged for any additional goods or waiting time as part of the same order.

5.4 Authorisation – by providing card details you agree to be bound by these payment terms and give your express authorisation for the card to be charged as above.

Account customers

5.5 Anyone may request a credit account with us.  All applications must be submitted using our standard Account Form and approval to open an account is subject to satisfactory trade references and credit checks. 

5.6 Credit limits – following approval to open an account an initial limit will be set based on our assessment of credit risk.  This may be lower than the limit requested in your application. We reserve the right to review credit limits at any time.   

5.7 If an order you make would take your account above your agreed credit limit, we reserve the right to not deliver your order until payment has made that will reduce your balance (including the current order) below the agreed credit limit.

5.8 Payments on account – unless otherwise agreed all payments on account will be allocated to the oldest outstanding invoices first.

5.9 We may also refuse to deliver on an order if your account is overdue for payment, or if a credit review reveals that your credit rating is no longer satisfactory.

5.10 Payment terms – our standard payment terms are 30 days following the end of the month when an invoice is raised.  However, we reserve the right to charge interest and late payment charges after 30 days of the invoice date under The Late Payment of Commercial Debts Regulations 2013 if payment is consistently being made beyond our standard terms

5.11 Invoice queries – all queries regarding any invoice should be made within 14 days of the invoice date, otherwise it will be deemed that all charges on the invoice are valid, and payment will be due as per our standard payment terms.

5.12 If an invoice is in dispute, only payment for that invoice may be withheld until the dispute has been resolved.  All other invoices will be due as per our standard terms.  In the case of any technical disputes around quality or defects, you may not withhold payments due on other invoices as a lien.

6.0 General and Miscellaneous

6.1 Force Majeure – Deliveries may be totally or partially suspended during any period which the Company may be prevented or hindered from manufacturing, supplying or delivering the good due to breakdown of plant, transport difficulties or delays or any circumstances outside the Companies control. The Company will inform the Buyer should any such occasion arise but shall be under no liability to the buyer for failure to deliver in such circumstances. Whilst every effort will be made to meet any agreed requirements of the Buyer, the Company shall not be liable for any loss or damage arising through its failure to meet such requirements.

6.2 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this condition to the party giving notice.

6.3 The parties do not intend that any terms of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

6.4 Any provision of the Contract held by any competent authority to be illegal, invalid, void, voidable, unenforceable or unreasonable, in whole or in part, shall be deemed severable and all remaining conditions of the Contract shall be affected thereby