EMIRATES BETON READYMIX L.L.

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Terms & Conditions of Trade
1. DEFINITIONS:
1.1. Company means Emirates Beton Readymix L.L.C. or its authorized representatives.
1.2. Customer means the person, firm or company who has agreed to purchase the Materials
from the Company as set out in the Quotation.
1.3. Materials means the ready mixed concrete which the Company has to produce and supply
in accordance with these conditions.
1.4. Contract means the written document made and signed between the Company and
Customer, who has agreed to purchase materials from the Company for the sale and
purchase of Materials by the acceptance/approval of the Quotation and issuance of LPO
(Local Purchase Order) or LOA (Letter Of Agreement) that is enforceable by law.
1.5. Business day means any working day other than Friday and Government declared holidays.
1.6. Quotation means a written document issued by the Company stating the cost of Materials
and other service charges.
1.7. Incidental charges means fees billed to the Customer associated with the production,
delivery, sale and other services of ready mixed concrete.
1.8. Additional charges means any additional charges provided for in Clause (4) and not
mentioned in first page of the Quotation.
2. QUOTATION:
2.1. The Quotation has been prepared based on the available documents (BOQ, Drawing
General Notes and Concrete Specification) provided by the Customer.
2.2. The Company shall not be responsible for any variation in the quoted rates due to
incomplete documents provided by the Customer.
2.3. The validity of Quotation is as shown on the first page of the Quotation unless the
Company has previously withdrawn it.
2.4. The prices quoted are subjected to vary depending on the price variation of raw materials,
maintenance spare parts and fuel, which will be notified to the Customer in advance.
2.5. A Quotation given by the Company does not alone constitute an offer to supply.
3. ORDERS & DELIVERY
3.1. The order for concrete shall be made through proper format approved and agreed by both
the Company and Customer.
3.2. The Customer shall provide safe and adequate access to the point of delivery including
adequate maneuvering space for truck mixers, and safe and firm space for fixing concrete
pumps. Failure to comply may result in the Company refusing to make delivery and charging
the Customer with the cost incurred.
3.3. The Customer shall be liable for and shall fully indemnify the Company against any
loss/fines arising from any accident or damage occurring due to unsuitable/unsafe access.
3.4. If the Material has to be delivered on a street, public highways or anothers property, the
Customer shall be responsible for all consequences and shall indemnify the Company in
respect of all losses/ damages/fines incurred as a result of such delivery.
3.5. The Customer shall ensure that the Company has prior notice (a minimum 24 hours for any
orders <500m3, 48 hours for orders above 500m3, three days for orders above 1000m3
and one week for raft pours) of the required date, time and estimated quantity of the order.
3.6. On delivery the customer shall sign the delivery docket, and by signing the customer
becomes bound by the information shown thereon.
4. PRICE & ADDITIONAL CHARGES:
4.1. The price payable for the Materials shall be the price stated in the Quotation or its latest
revision.
4.2. The quoted price is exclusive of any Value Added Fees/Tariff, other applicable fees/tariff
and any Additional Charges.
4.3. The amount charged is based on the quantities shown on the face of the delivery ticket.
4.4. The rates are based on regular delivery hours except the 6:30 am to 8:30 am RTA ban time
and summer mid day break time, Saturday to Thursday. Plant opening charge of Dh.
1000/- shall be applicable for deliveries on Fridays and Government declared public
holidays for any quantity less than 500m3.
4.5. The Company shall have the right to charge waiting time penalty at the rate of Dh.50/per hour or part thereof above the two hours allowed discharge time from the truck arrival
time at site. Waiting charge for mobile pumps shall be calculated (Dh.100/- per hour)
from the arrival time to the starting time, where the allowed time is two hours.
4.6. Small load charge will be applicable to any quantity less than 6m3/truck at the rate of
Dh.50/- for every cubic meter less of the minimum allowed.
4.7. Dh. 50/- shall be applicable for every additional piece of steel pipe (3m or less) fixed to
mobile pump boom or placing boom.
5. PAYMENT:
5.1. Payment for the Materials must be received by the Company not later than the period
mentioned in page 1 of this Quotation with interest payable on overdue accounts at the rate
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of 4.0% per month.
5.2. The Company may refuse any order, suspend supply or cancel the Contract, when the credit
limit or payment term is exceeded.

5.3. All price quotations are strictly subject to the Requesters credit approval on terms
satisfactory to the Company.
6. QUALITY & QUANTITY:
6.1. Any claims related to the quantity delivered must be made in writing to the Company within
24 hours of delivery otherwise the Material will be deemed to have been delivered in the
quantities shown on the delivery ticket in good condition.
6.2. Any rejections shall be notified to the Company within 4 hours from batching time.
6.3. The Company shall not be responsible for any variation in quantity caused due to settlement
of ground, over excavation, spreading of forms, settlement of wet mix, truck mixer holdback,
pumping wastage, spillage, sampling and testing, and change in volume (volume of hardened
concrete is 1% to 2% less than that of fresh concrete).
6.4. The temperature of fresh concrete shall be tested immediately at the time of arrival and
slump shall be tested within 30 minutes from arrival. The Company shall not be responsible
for any rejection due to non-compliance on slump and temperature if it is not checked
within the above mentioned time frame and will charge for the Material.
6.5. The temperature of fresh concrete is normally controlled below 32 0C throughout the year
and charges will apply to maintain the same or if a lower temperature is required.
6.6. If the Customer does not require Temperature Control, a waiver is required to be submitted
by the Customer before production. Otherwise, the Customer shall be fully responsible and
shall bear the cost of rejection or any cost incidental/relative to such absence of waiver.
6.7. Preliminary testing charges i.e. trial mix and trial mix specimens testing for the Consultants
approval shall be on the Companys account. Any test on raw material (initial or during the
project) and supplied concrete by independent third party laboratory shall be borne by the
Customer.
6.8. Any non-compliance on strength and durability shall be reported to the Company within 50
days from the date of delivery and all such non-compliances shall be investigated and
resolved in accordance with relevant ASTM/ACI/BS/BS EN standards and methods by
the Company.
6.9. No additional charges/fines/penalty shall be imposed on the Company for closed out
NCRs.
6.10. Whilst every effort is made to maintain consistency in the characteristics of the Materials,
some variation is unavoidable and the Company shall not be liable in respect thereof.
6.11. Site testing, site technicians, testing equipments and specimen casting moulds shall be the
responsibility of the Customer. However, the Company may assist in providing such
facilities depending on the availability of manpower and equipments, quantity of order and
work schedule of the day.
6.12. The Company shall not be responsible for and is hereby indemnified by the Customer in
respect of any claims made by the Customer which arise out of any defects in concrete due
to the addition of water/any additive/any foreign material to the concrete either before or
after discharge from the truck mixer without written instruction of the Company.
6.13. The Company shall not be liable in any manner whatsoever for any defect/non-compliance
on test specimen or structure due to improper curing at site practiced by the Customer. This
includes, but not limited to shrinkage cracks, strength and durability.
7. HEALTH, SAFETY & ENVIRONMENT:
7.1. It shall be the responsibility of the Customer to arrange Safety Inspectors and Flag Man (if
required) during the concrete delivery and casting.
7.2. The Customer has to arrange proper washout area for truck mixers and concrete pumps.
7.3. The Company shall not be responsible for cleaning and clearing out any concrete waste
spilled during delivery or pumping.
7.4. The customer shall be responsible for arranging all HSE related NOCs/approvals/permits
(if required) from the Government agencies prior to delivery and casting.
8.

RISK & TITLE:

The risk in the Materials shall pass to the Customer on delivery as detailed in Clause (3).

9.

FORCE MAJEURE:
Deliveries may be totally or partially suspended during any period in which the Company
may be prevented or hindered from manufacturing and/or delivering the Materials due to
breakdown of batching plants, non-availability of materials, labour disputes, fire, flood,
storms, earthquakes, acts of terrorism, acts of war, civil unrest, accident, governmental action
or any other event that is beyond the Companys control. Whilst every effort will be made
to meet any agreed requirements of the Customer, the Company shall not be liable for any
loss or damage arising from its failure to meet requirements due to force majeure.

10. LAW & JURISDICTION:

Unless otherwise agreed in writing, the terms and conditions contained herein shall be
governed by and construed under the laws of Dubai, United Arab Emirates. Any dispute
arising from or in connection with these Standard Terms and Conditions will be brought
before the competent court in Dubai.
11. CONSUMER RIGHTS
Nothing in these Terms & Conditions shall affect the Customers statutory right as a
consumer.