TERMS & CONDITIONS OF DELIVERY AND SALE

IMPORTANT NOTICE: If you do not agree with or understand our terms and conditions, please call our office prior to the delivery of the concrete to avoid any misunderstanding.

1. Booking and Delivery Changes

• Pump on Site: You must advise our office at the time of booking if a concrete pump will be on site.
• Location Transfers: Rescheduled orders cannot be transferred to a new location or job site.

2. Cancellations and Weather Rules

• No Email Cancellations: Cancellations must be phoned through directly to our office. We do not accept cancellations via email.
• Administration Fee: All cancellations will incur a $20 administration charge.
• Under 24 Hours Notice: No refund or credit will be issued for cancellations made within 24 hours of your scheduled delivery time.
• Weather Cancellations: If you need to cancel due to heavy rain or bad weather, you must still phone us at least 2 hours before your scheduled delivery time. Failure to notify us before the truck leaves the plant will result in full charges.

3. Order Postponement

• Standard Weekday Cutoff Times
  All postponements of scheduled concrete deliveries for standard weekday operations (Monday to Friday) and Saturdays must be formally submitted to and acknowledged by Midland Minicrete (The Company) by no later than 1:00 PM on the weekday business day prior to the scheduled delivery date.
• Late Postponement (Prior to Batching)
  Where a Customer requests a postponement within twenty-four (24) hours of the scheduled delivery time the Customer shall be liable for a Late Rescheduling Fee of $200. Midland Minicrete (The Company) reserves the right to charge these fees directly to the credit card on file if a late postponement occurs.
• Schedule Forfeiture and Re-Booking Penalty
  In the event of a late postponement or cancellation the original delivery time slot is immediately forfeited.
  • Loss of Priority: The Company is under no obligation to guarantee an immediate or next-day replacement delivery slot.
  • Queue Re-Placement: The rescheduled order will be treated as a new booking and placed into the next available opening in the Company’s delivery queue, which may result in a delay of three (3) to five (5) business days during peak operational periods.
  • Indemnity against Site Delays: The Company shall not be held liable for any consequential losses, liquid damages, trade standby costs, or project delays incurred by the Customer as a result of this schedule forfeiture and subsequent re-booking timeline.

Severe Weather Exemptions
Conditions for Fee Waivers
The Late Postponement Fees shall be waived solely if severe, verifiable weather conditions render the structural pour physically impossible, structurally non-viable, or unsafe for operational personnel. Valid conditions are strictly limited to:

• Continuous torrential rainfall that compromises the concrete water-to-cement ratio.
• Ambient temperatures exceeding 38°C or dropping below 5°C.
• Lightning storms or sustained wind speeds exceeding safe limits for onsite plant or concrete pumping equipment.

The Batching Cutoff Rule
This weather exemption applies only if the Customer formally requests the postponement and receives confirmation from the Company’s dispatch desk prior to the concrete being batched (loaded into the delivery vehicle) at the supply plant.
Material and Disposal Liability
If the delivery vehicle has already been loaded or is in transit to the site when the Customer cancels or rejects the load due to weather, the weather exemption is voided. The Customer shall remain liable for 100% of the material contract price and the Wasted Concrete Disposal Fee. The Company accepts no financial liability for sudden, unpredictable changes in weather radar or local track conditions once chemical mixing has occurred.
Right of Verification
The Company reserves the absolute right to verify weather claims using data from the nearest official Bureau of Meteorology (BOM) weather station mapping to the delivery postcode. General or light rain showers that do not structurally compromise the integrity of the concrete mix do not qualify for a fee waiver.

4. Site Access and Damage Waiver

• Safe Access: You must provide safe, clear, and legal access for our delivery vehicles.
• Kerb and Footpath Rules: Our drivers will not cross kerbs or footpaths without your clear direction.
• Damage Waiver: We accept no liability for damage caused to footpaths, driveways, underground pipes, or property when driving past the kerb line under your instruction. You are responsible for any towing or recovery costs if a truck becomes bogged on your site.

5. Waiting Time and Truck Charges

• Time Calculation: Time on site starts when our truck arrives at your site. It finishes when the truck departs. You must include the time it takes to wash down the chute on site within this calculation.
• GPS Tracking: All our trucks are equipped with GPS tracking devices to accurately record time.

• Waiting Fees: Extra fees apply if a truck is kept waiting past the free time limits listed below:
  • Load sizes under 1.1m³: 15 minutes free. After 15 minutes, you will be charged $2.50 per minute.
  • Load sizes 1.1m³ to 2.9m³: 30 minutes free. After 30 minutes, you will be charged $2.50 per minute.
  • Load sizes 3m³ and over: 45 minutes free. After 45 minutes, you will be charged $3.50 per minute.

6. Product Liability and Leftover Concrete

• Water Addition: If you request our driver to add extra water to the mix on site, this is done at your own risk. Adding water voids our product strength warranty.
• Strength and Slump: We guarantee our concrete meets the ordered strength specifications at the point of delivery. We are not responsible for how the concrete is placed, handled, or cured after it leaves our truck.
• Leftover Concrete: You are responsible for ordering the correct amount of concrete. If you have leftover concrete that cannot be used on your site, a return-to-plant and disposal fee will apply to cover the handling costs.
• You must provide a safe wash-down area on-site for our trucks.

7. Fees, Surcharges, and Payments

• Environmental Disposal Fees: Environmental disposal fees apply to all orders and will be added to your invoice.
• After-Hours Surcharges: Extra charges apply for deliveries made outside our standard operating hours, including Saturday, Sundays, and Public Holidays. Please confirm these fees with our office when booking.
• Automatic Card Charges: All additional charges (including waiting times, disposal fees, return fees, after-hours fees, and admin costs) will be automatically charged to the credit card you provided at the time of placing your order.