TERMS AND CONDITIONS

Last Updated: 23/12/2025

Acon Industries Asphalt Supplies Limited T/A Acon Industries – Terms & Conditions

1 APPLICABLE TERMS

1.1 Notwithstanding any terms of trade of the buyer, these Standard Terms and Conditions of Sale will apply to all supplies of asphalt products (Goods) to a buyer by Acon Industries Asphalt Supplies Limited (Seller), unless the Seller and the buyer expressly agree otherwise in writing.

1.2 If the Seller 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 Acon Industries Asphalt Supplies Ltd 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 Acon Industries Asphalt Supplies Ltd Terms of Credit, the provisions of the Acon Industries Asphalt Supplies Ltd Terms of Credit will prevail.

1.3 The Seller may amend these Standard Terms and Conditions of Sale from time to time by notice in writing to the buyer.

2 PRICES AND QUOTATIONS

2.1 Unless the Seller has provided an alternative written quote to the buyer or otherwise agreed specific pricing with the buyer for the supply of Goods, the applicable prices for the supply of Goods will be the then current list price for the Goods at the relevant Seller asphalt plant from which the Goods will be supplied, as may be amended from time to time by the Seller.

2.2 A quote given by the Seller may be withdrawn by the Seller at any time prior to its acceptance in writing by the Buyer. All quotes not expressly withdrawn by the Seller become null and void unless the buyer’s written acceptance is received within thirty (30) days of the date of the quotation.

2.3 Quoted prices are based on rates, royalties and charges applicable at the date of quotation unless otherwise specified. The Seller reserves the right to pass on to the buyer all or any increases in rates, royalties and charges incurred by the Seller whatsoever that occur between the time the price is quoted and the time of delivery.

2.4 Quoted prices are for delivery to the buyer at the applicable relevant Seller asphalt plant (unless otherwise specified in the quote).

2.5 The provision by the Seller of a quote shall in no way be construed as a readiness to extend credit.

3 DELIVERY

3.1 Unless agreed otherwise, the Seller will deliver the Goods into the buyer’s (or the buyer’s carrier’s) possession at the applicable relevant Seller asphalt plant.

3.2 Where the Seller has agreed to deliver to a site on request by the buyer: (a) the Seller is not a common carrier and does not undertake the obligations or liabilities of a common carrier;

(b) the Seller shall use its commercially reasonable endeavours to ensure that any delivery day or date provided to the buyer is adhered to, however the Seller shall not be liable for any cost, damages, loss or expenses whatsoever arising from or related to any failure to deliver on the estimated day or dates; and

(c) any additional terms related to delivery of the Goods that are agreed to in writing by the Seller or are included in any quote by the Seller that is accepted by the buyer will also form part of these Standard Terms and Conditions of Sale.

3.3 Where the Seller has agreed to leave a public road or street in order to effect delivery of Goods to the buyer as requested then:

(a) if in the opinion of the Seller’s employee, contractor or representative there is not safe, sufficient and suitable means of access to and from the delivery point, it shall be the buyer’s responsibility to provide such sufficient and suitable means of access, and the buyer shall be liable for, and reimburse and fully indemnify the Seller for, all costs, damages, expenses and liability incurred by the Seller arising from or relating to access (or attempted access) by the Seller and the Seller’s delivery vehicles to and from the delivery point if the buyer fails to provide such safe, sufficient and suitable means of access; and

(b) the final decision on entry onto any site will be at the option and discretion of the Seller’s employee, contractor or representative. Failure to complete a delivery of Goods to the buyer due to the operation of this clause will be deemed to not be a breach of contract by the Seller.

3.4 Without limiting clause 5, the Seller shall not be liable for any damage to the Goods or other property during delivery of the Goods where such damage could not have reasonably foreseen by the Seller’s employee, contractor or representative prior to such damage occurring.

3.5 Hourly truck hire rates may (at the Seller’s option) be charged for excessive waiting times and delays caused by the buyer or its client.

4 PAYMENT

4.1 Unless the Seller expressly agrees to payment being made in accordance with clause 4.3, all sales shall be cash sales with payment in full at or prior to delivery.

4.2 Under no circumstances shall the buyer be entitled to apply any form of retention or set off from any monies due to the Seller.

4.3 Where the Seller agrees to a sale not being a cash sale, the Acon Industries Asphalt Supplies Ltd Terms of Credit will apply to that sale in conjunction with these Standard Terms and Conditions of Sale, including in relation to due date for payment and applicable provisions in the event of non-payment by the due date.

4.4 The Seller may decline at any time to make any further deliveries to the buyer and may require payment in cash or satisfactory security before delivery of any further order. The Seller reserves the right at any time to deliver on a cash basis only.

5 LIABILITY

5.1 Subject any express warranties given by the Seller, all warranties, representations and statements as to fitness or suitability for purpose, workmanship, tolerance to any conditions or otherwise in relation to the Goods are expressly excluded to the fullest extent permitted by law.

5.2 The liability of the Seller to the buyer or any third party, whether in tort (including negligence), contract or otherwise, for any loss, cost, damage, expenses or injury arising directly or indirectly from any non-compliance of the Goods with applicable standards or specifications will be strictly limited to a refund of the price of any non-compliant Goods or the supply of replacement Goods that comply with applicable standards and specifications. The Seller will not be liable to the buyer or any third party in any way whatsoever for:

(a) any amounts whatsoever relating to Goods supplied to the buyer once the Goods have been installed in any building or construction works or otherwise co-mingled with another product;

(b) any indirect losses or consequential damages of any kind, loss of production, loss of profits, loss of anticipated savings, loss of use, loss of business or punitive damages arising from or related to the supply of any Goods; and

5.3 The Seller accepts no liability for any non-compliant Goods unless it is notified of any such non-compliance within fourteen (14) days from the date of delivery of the Goods to the buyer.

5.4 To the fullest extent permitted by law, the Seller will not be liable to the buyer or any third party in any way whatsoever for:

(a) loss caused by any factor beyond the Seller’s control;

(b) any cost, damages, loss or expenses whatsoever arising from or related to any delay or failure to deliver Goods to the buyer on the estimated or specified day or dates;

(d) any Goods to be treated as becoming wastage or scrap;

(e) the loss of or damage to any of the buyer’s chattels left within the Seller’s possession or control (whether such loss or damage results from the Seller’s negligence or default or otherwise howsoever);

(f) deterioration of Goods as a result of exposure to the elements after delivery;

(g) Goods that have been tampered with or modified by the buyer;

(h) Goods that have been stored in an improper manner by the buyer.

5.5 To the fullest extent permitted by law, the Seller 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 buyer 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 buyer (including the benefit of any applicable statutory warranties) under the Consumer Guarantees Act in relation to the supply of Goods to that buyer.

6 NOTICES

6.1 Any notices to the buyer may be given by posting the notice to the buyer’s last known postal address or faxing it to the buyer’s last known facsimile number, or by e-mail message sent to the buyer’s last known e-mail address.

7 GENERAL

7.1 An account not traded for two years will automatically be closed. A new application form will be required to resume trading.

7.2 Dockets will be issued by the Seller electronically on the date of sale and copies can be requested by the buyer for up to a year after the date of purchase.

8 COVID-19

8.1 It is important to note that the public health measures due to the COVID-19 (Coronavirus) pandemic will impact on the Seller’s ability to supply product as normal and could cause unavoidable disruption and delays in delivery (including due to personnel availability and government-imposed restrictions in movement of people). Where the Seller agrees to supply any Goods to the buyer during this period of disruption, and until the Seller has confirmed to the buyer that its supply chain is back to normal, the buyer agrees that:

(a) the Seller will use reasonable endeavours to deliver or make available to the buyer the Goods at the agreed time; and

(b) the Seller will not be liable to the buyer or to any third party for any loss, costs or damage (including any indirect or consequential loss, business interruption, loss of revenue, loss of income, loss of production, loss of use, loss of product, loss of business, loss of profits, loss of opportunity, loss of contracts, loss of investment or third party-claims) directly or indirectly arising from:

(i) any delay in the supply (including delivery) of the Goods, reduction in volume supplied or inability to supply the Goods as agreed;

(ii) any statement, representation or recommendation made or advice, or assistance given, by the Seller, its employees, agents, transport contractors or representatives in relation to the availability or timing of supply of the Goods, whether oral or written.

8.2 Should the COVID-19 virus or any law, restriction, direction or action by a government or regulatory body in response to the COVID-19 virus increase the costs of supplying or delivering the Goods, the Seller reserves the right to, acting reasonably and in good faith in consultation with the buyer, increase the price payable for the products quoted.