“Buyer” means the party which accepts a quotation given to it by the Seller for the sale of the Goods.

“Conditions” means the standard terms and conditions of supply set out in this document as amended from time to time, and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller.

“Contract” means the contract for the sale and purchase of the Goods in accordance with these conditions.

“Credit Limit” means the credit limit, where applicable, granted to the Buyer from the Seller for the purchase of Goods.

“Delivery Charges” means, in respect of any delivery of the Goods otherwise than at the Seller’s premises, the Seller’s charges in connection with such delivery (including transportation, packaging and insurance) payable by the Buyer.

“Goods” means the goods set out in the Quotation (including any instalment of the goods or any part of them) which the Seller is to supply in accordance with these Conditions.

“Order Confirmation” means confirmation given by the Seller to the Buyer that the Seller agrees to supply an order of the Buyer on these Conditions.

“Price” means the price of the Goods.

“Quotation” means a quotation given by the Seller to the Buyer on the basis of these Conditions.

“Schedule” means any schedule submitted by the Buyer to the Seller in respect of Goods comprising Rebar, setting out the Buyer’s bending requirements for such Goods.

“Seller” means BRC Limited of Corporation Road, Newport, South Wales NP19 4RD Registered in England No. 6662824.

“Specification” includes any plans, drawing, data, formulae, instructions, Schedules or other information relating to the Goods.

“Writing” includes email, facsimile transmission and comparable means of communication.

1. if the Price of Goods delivered is £400 or less, the minimum Delivery Charge shall be £100 per such delivery;
2. if the Price and Delivery Charges in respect of any delivery of Goods is less than £200, an additional charge shall be made of the amount by which such Price and Delivery Charge is less than £200;
3. an additional charge of £100 shall be made for each crane off-load delivery;
4. an additional charge of not less than £100 shall be made in respect of any delivery of Rebar of less than 8 tonnes or any delivery of Fabric of less than 2 tonnes;
5. the Seller reserves the right to make a “waiting time” charge if any lorry making a delivery is held on site for more than one hour.

1. cancel the Contract or suspend any further deliveries to the Buyer, without any liability whatsoever to the Buyer in connection with such cancellation or suspension;
2. appropriate any payment made by the Buyer to such of the Goods or the services (or the Goods or services supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
3. charge the Buyer interest on such amount from the date on which payment became due until the date on which the Seller recovers payment in full of such amount (both before and after any judgement has been obtained by the Seller against the Purchaser) at the rate of fifteen per cent (15%) per annum above Barclays Bank base rate from time to time or (if applicable) to claim interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, whichever the Seller in its absolute discretion decides and such interest shall accrue on a daily basis and be compounded quarterly.

1. to suspend any deliveries; and/or
2. to cancel any order; and/or
3. to demand security for payment or payment guarantees before continuing with any order or delivery

   without any liability whatsoever if the Seller at any time has concerns regarding the Buyer’s financial circumstances or the Buyer’s ability to pay.

1. and the Seller, at its absolute discretion, subsequently agrees to a request from the Buyer to change such place of delivery, the Seller shall be entitled to charge and the Buyer pay any additional Delivery Charges or other additional costs incurred by the Seller;
2. the Seller reserves the right to change such agreed place of delivery, in which event the Seller will bear any costs necessitated by such change (whether by deduction from the Price or otherwise) except where such change is due to circumstances for which the Buyer is reasonably responsible.

1. deliver the Goods to the Buyer’s address on the Buyer’s order; or
2. store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
3. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the Buyer for any shortfall below the Price under the Contract.

1. in the case of the Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
2. in the case of Goods to be delivered otherwise than at the Seller’s premises, after the time the Goods have left the Seller’s premises.

1. the Seller shall be under no liability in respect of any defect in the Goods arising from any Specification supplied by the Buyer;
2. the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, improper or unsuitable storage conditions, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in Writing), misuse or alteration of the Goods without the Seller’s approval;
3. the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total Price has not been paid by the due date for payment;
4. the above warranty does not extend to goods or materials not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.

1. Act of God, explosion, flood, tempest, fire or accident;
2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
3. acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
4. import or export regulations or embargoes;
5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7. power failure or breakdown in machinery or computer equipment;
8. failure of sub-contractors.

1. the Buyer is in breach of any obligation under a Contract or these Conditions; and/or
2. a meeting is convened, a petition presented, an order made, an effective resolution passed, or notice given for the Buyer’s winding up or dissolution (other than for the sole purpose of amalgamation and reconstruction); and/or
3. an application is made, or resolved to be made by any meeting of the Buyer’s directors or members, for an administration order in relation to it or any party gives or files notice of intention to appoint an administrator of it or such an administrator being appointed; and/or
4. an incumbrancer takes possession, or a receiver or manager or administrative receiver is appointed, of the whole or any part of the Buyer’s assets; and/or
5. the Buyer ceases or suspends payment of any of its debts or is unable to pay its debts as they fall due within the meaning of section 123 of the Insolvency Act 1986; or
6. a proposal is made for a composition in satisfaction of the Buyer’s debts or a scheme or arrangement of its affairs including a voluntary arrangement within the meaning of Part 1 of ther Insolvency Act 1987; and/or
7. no suitable alternative place of delivery can be agreed where the Seller has previously agreed to deliver the Goods other than by making the same available for collection at the Seller’s premises and, in the Seller’s opinion, a change to such agreed place of delivery is required due to circumstances attributable to the Buyer.

1. is at the date of disclosure or becomes at any time after that date publicly known other than by the Buyer’s breach of this Condition;
2. can be shown by the Buyer to the Seller’s satisfaction to have been known by the Buyer before disclosure by the Seller to the Buyer;
3. is or becomes available to the Buyer otherwise than from the Seller and free of any restrictions as to its use or disclosure;
4. is required to be disclosed by law.