QUOTATION AND SUPPLY TERMS

BASECRETE ECO-MIX CONCRETE  LIMITED

Version: April 2026
BASECRETE ECO-MIX CONCRETE LIMITED reserves the right to update these terms and fees

OUR ROLE AND LIMITATIONS

BASECRETE ECO-MIX CONCRETE LIMITED (NZBN: 9429053557063)

IMPORTANT

By coordinating the production and delivery of concrete through independent suppliers, we serve as the primary supplier. We supervise the supply chain, make sure suppliers are legally obligated to fulfill predetermined requirements, and forward all warranties and correction procedures to you.

Our operational limitations: we do not

• Produce, mix, transport, or physically handle concrete.
• Control concrete quality, mix design, and specifications.
• Own and operate concrete plants, trucks, or equipment.
• Hire concrete truck drivers or plant operators.
• Have any control over the concrete once arranged with the supplier?

All concrete is manufactured and delivered by independent suppliers.

You acknowledge and agree that any rights, remedies, warranties, or claims arising from the manufacture, batching, transport, quality, or supply of the concrete are directly against the relevant Supplier, not us, unless we have expressly agreed in writing to accept such liability.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these conditions:

NZ3104 stands for the NEW ZEALAND Standard Specification and Production of Concrete NZ3104:2021 (as amended from time to time).

NZS 3112:1986(Parts1-4) refers to the NEW ZEALAND Standards for Methods of Testing Concrete (as amended from time to time).

Consumer Guarantees Act 1993(CGA) and Fair Trading ACT 1986 (FTA) refers to NEW ZEALAND consumer law which provides strong protection under CGA & FTA as well as any other relevant provisions of these Acts.

A Business Day is defined as any day other than a Saturday, Sunday, or public holiday at the place of supply.

Conditions refer to the quotation and supply terms, as well as any schedule, annexure, or Service Fees mentioned in the quotation.

Consequential Loss includes loss of revenue, loss of profits, loss of anticipated savings or business, loss of data, loss of equipment value (other than the cost of repair), loss of opportunity or expectation, and any other type of consequential, special, indirect, punitive, or exemplary loss or damage, however it arises (including as a result of negligence)

Consumer refers to what the NEW ZEALAND Consumer Law defines.

Delivery Point refers to the kerbside location at or close to the site unless we specify otherwise in writing prior to dispatch.

Delivery Unit is a vehicle that a supplier uses to transport concrete to the site.

Force Majeure Event means an event that is beyond a party’s reasonable control. Examples of such events include weather, traffic, supplier failure, plant breakdown, labor shortages, materials shortages, industrial action, epidemics, emergencies, war, terrorism, acts of God, changes in laws or regulations, or malfunctions of any equipment owned or operated by third parties.

Goods and Work refers to the concrete and any related materials or services that we have arranged for a Supplier to provide or carry out.

Intellectual Property refers to all registered and unregistered rights pertaining to current and future copyright, trade marks, designs, know-how, patents, confidential information, and moral rights.

Loss refers to any liability, regardless of how it occurs (including due to negligence), and it encompasses any loss, claim, damage, demand, injury, or death as well as a fine or penalty imposed by a statutory or other authority.

Normal Hours means Monday to Friday, 6:00am to 4:00pm., excluding public holidays, unless otherwise specified in the Service Fees.

Normal Point of Supply refers to the relevant Supplier’s regular batching plant or depot for the relevant delivery area.

Rates refer to the unit rates and prices shown on the face of a quotation or used to calculate the prices in the quotation, as adjusted in accordance with these Conditions.

Service Fees refers to the schedule of additional charges attached to or mentioned in the quotation.

Site refers to the location where the goods and work will be supplied/performed as specified in the quotation or order.

Supplier refers to the independent third-party supplier hired by us to supply the Goods and Work.

You, your, refers to the customer named in the quotation, or, if no name is given, the person to whom the Goods and Work are supplied.

We, us, and our refer to BASECRETE ECO-MIX CONCRETE LIMITED (NZBN: 9429053557063)

2. Role of BASECRETE ECO-MIX CONCRETE LIMITED.

2.1 We arrange for the supply and fulfillment of concrete and related services by independent third-party Suppliers, and all concrete is produced and delivered by these Suppliers.

2.2 While we may subcontract any portion of the supply, we will remain the primary supplier of the Goods and Work to you.

2.3 Although we do not manufacture, batch, transport, or physically handle concrete, we are still responsible for ensuring that the supply meets the agreed-upon specifications under this Agreement, subject to clauses 11, 13, and 14.

2.4 We will pass on all manufacturer/supplier warranties and support reasonable testing/rectification processes as outlined in clause 11.

2.5 Nothing in this Agreement excludes any condition, warranty, or guarantee that cannot be legally excluded; however, you acknowledge that your rights or any claims relating to the manufacture, batching, or quality of the concrete are primarily against the Supplier, but we will monitor Supplier compliance and support rectification processes as outlined in this agreement.

2.6 We will ensure that our subcontractors are subject to the same specification, testing, and rectification obligations as we are under this Agreement.

3. PRECEDENCE ORDER AND AGREEMENT

3.1 Unless otherwise specified in writing, our agreement consists solely of the following documents (in order of precedence to the extent of any inconsistency):

(a) these conditions; and

(b) our written quote, which includes the Service Fees.

3.2 Excluded from this agreement:

(a) any prior/earlier quote;

(b) the terms of the Supplier’s delivery docket that govern manufacturing, transportation, and discharge between you and the Supplier; however, this Agreement takes precedence over the CGA if those terms diminish your rights under this Agreement;

(c) any purchase order, delivery receipt, procurement document, or comparable document issued by you from time to time (including any document post-dating the quotation) to the extent of any inconsistency with these conditions, including the terms and conditions on the back of such documents.

3.3 You acknowledge that you have not relied on any promise, warranty, inducement, or representation that is not included in this agreement.

3.4 Only a formal agreement signed by both parties may change these terms.

3.5 You understand that, upon order acceptance, you and the Supplier enter into a direct contract for manufacturing, transportation, and delivery on the Supplier’s standard terms (as modified by this Agreement), and the Supplier may enforce this Agreement as a third-party beneficiary for those aspects.

4. QUOTATION, ACCEPTANCE AND VALIDITY

4.1 This quotation is an offer that you may accept within 28 days of the quotation date; however, any acceptance must be contingent upon the commencement of the supply or performance of the goods and work within three months of the quotation date.

4.2 The offer is contingent upon you fulfilling the requirements for credit approval set forth by the supplier and/or us.

4.3 The offer is accepted if you give us or the supplier a written order to start the supply or performance of the goods and work.

4.4 Our Process is:

(a) You request a quote;

(b) You accept the quote;

(c) You pay the quoted sum (or any deposit we specify);

(d) upon receipt of payment, we commence scheduling with the supplier.

4.5 Scheduling must be confirmed until the supplier confirms; quotation times are merely estimates.

4.6 We may reject any order at our discretion and will require prepayment prior to dispatch.

5. SPECIFICS AND CLIENT RESPONSIBILITIES

5.1 Your responsibilities include:

(a) ensuring that the specification that you provide to us is appropriate for the intended use;

(b) conducting your own inquiries before placing any order;

(c) prior to discharge, check the delivery docket and confirm the mix specifications.

(d) Providing accurate site information such as gradients, access restrictions, and hazards.

5.2 We do not provide design advice and will not review the adequacy or appropriateness of any order you request.

5.3 Unless otherwise stated on the face of the quotation, the Supplier will generally supply concrete in accordance with the relevant sections of NZS 3104:2021.

5.4 If concrete is to be placed by pump, please notify us in advance.

5.5 While we will make reasonable efforts to accommodate such a request, we cannot guarantee that concrete will be pumped due to variations in pumps and the concrete process.

6. PRICING, TAXES, AND PAYMENT

6.1 Unless otherwise stated, prices include GST.

6.2 The Goods and Work will be charged at the Rates for the actual quantities supplied as shown on the delivery docket, plus Service Fees and any applicable Supplier pass-through charges.

6.3 You must pay in immediately available funds before being discharged at the Site.

6.4 You must pay all amounts without any set-offs, deductions, retention, or counterclaims.

6.5 Interest is compounded monthly on overdue amounts at a rate that is 10% higher than the Reserve Bank of New Zealand’s cash rate target.

6.6 You must reimburse us for all collection costs, which include full indemnity legal fees, dishonour fees, credit card fees, and merchant fees.

6.7 If the implementation of a carbon scheme, an environmental levy, or a change in the law results in additional costs, we may increase Rates by giving four weeks’ notice.

6.8 You may cancel affected orders within four weeks of receiving notice.

7. POINT OF SUPPLY

7.1 This quotation assumes that all materials are available from the normal point of supply, as reasonably determined by us.

7.2 If conditions beyond our control necessitate supply from another point, we will notify you prior to commencing the Work if there will be any resultant cost increase.

7.3 You may accept the resulting increase (which will be in addition to the Rates) or terminate the Agreement (in which case clause 18 will apply).

8. DELIVERY, ACCESS AND SITE CONDITIONS

8.1 Delivery is to the Delivery Point (kerbside), and any entry of a Delivery Unit requested by you beyond the kerbside is at the driver’s sole discretion and at your own risk.

8.2 You have to ensure:

(a) secure, timely, and lawful access to the Site.

(b) satisfactory ground conditions and load-bearing surfaces;

(c) sufficient turning circles and overhead clearance.

(d) appropriate wash-out areas and environmental controls.

(e) appropriate lighting for after-hours deliveries;

(f) All required permits and traffic control;

(g) The site gradient does not exceed 8%.

(h) notification of any obstacles, hazards, or peculiarities prior to delivery.

8.3 You indemnify us and the Supplier against any loss resulting from:

(a) enter beyond the initially designated Delivery Point;

(b) Insufficient site preparation or unsafe conditions;

(c) Violation of road rules or load limits

(d) damage to property at or near the Site.

(e) environmental violations, including improper wash-out.

8.4 If the supplier leaves equipment on the Site, you must secure it to prevent loss, damage, or injury, and you agree to accept liability for any such loss, damage, or injury.

8.5 You must be prepared to accept delivery at the scheduled time, as waiting time charges apply after the unloading allowance specified in the Service Fees.

8.6 We are not liable for delays caused by traffic, weather, breakdowns, supplier capacity, industrial action, any Force Majeure Event, or the Site’s failure to be ready.

9. CONCRETE SPECIFICATIONS AND TOLERANCES

9.1 You should nominate:

(a) the required strength grade.

(b) the maximum aggregate size.

(c) slump (prices assume a maximum of 80mm unless specified);

(d) Any exposure classification;

(e) Any special requirements.

9.2 Colour Variations: We cannot guarantee exact colour matching due to variations in raw materials, batching, weather, curing conditions, and application methods, and color samples are only indicative.

9.3 Mix Tolerances: Concrete will be supplied to the tolerances specified in NZS 3104:2021

9.4 Time Limits: Fresh concrete should be placed within 90 minutes of leaving the plant, and any performance issues that result from the delay are your responsibility.

9.5 Water Addition: No water or admixtures may be added to concrete without the Supplier’s written approval, and any such addition by or on behalf of you will void all warranties.

10. RISK AND TITLE.

10.1 Property risk in the Delivery Unit and site-related damage is transferred upon arrival at the Delivery Point.

10.2 The performance/specification risk for concrete conformity remains with us (Prime model) until acceptance under clause 11.4.

10.3 The Supplier retains title to the concrete until it is discharged from the Delivery Unit.

10.4 The Supplier retains all property in the Delivery Unit, including any equipment.

11. TESTING AND ACCEPTANCE.

11.1 Testing will be performed only if requested by you and will be charged in accordance with the applicable Service Fees.

11.2 We will only recognize test results (and require the Supplier to do the same) where:

(a) Concrete is sampled at the point of discharge from the delivery chute.

(b) Testing is strictly in accordance with NZS 3112:1986.

11.3 Quantity acceptance occurs upon discharge, subject to docket reconciliation and except for manifest defects reported prior to discharge.

11.4 Specification acceptance occurs when testing in accordance with NZS 3112:1986 is completed within 28 days (or earlier if the agreed-upon test regime demonstrates compliance). Latent defects discovered during compliant testing are not waived by discharge.

12. VARIATIONS, CANCELLATIONS AND RETURNS

12.1 Quantities shown on the delivery docket are conclusive for invoicing.
12.2 If you change quantities or Site location, we reserve the right to adjust Rates.
12.3 We are not obliged to arrange variations outside the scope of the Goods and Work.
12.4 Orders cannot be cancelled once batching has commenced. Cancellation fees apply as set out in the Service Fees.
12.5 If you fail to accept delivery, you must pay:
      (a) the full order value;
      (b) return cartage;
      (c) disposal costs;
      (d) environmental charges.

13. LIMITATION OF LIABILITY

13.1 To the maximum extent permitted by law, our total aggregate liability to you in all circumstances is limited to the amount paid by you to us for the relevant Goods and Work.
13.2 Subject to clause 14 and to the maximum extent permitted by law, we shall not be liable in any circumstances for:
    (a) any Consequential Loss;
    (b) any damage to property at or adjacent to the Site (unless caused by our negligence);
    (c) any claim for adjustment of invoicing unless notified in writing within 30 days of invoice with full particulars.

13.3 Our liability shall reduce proportionately to the extent any Loss is caused or contributed to by:
    (a) any act, omission or breach by you;
    (b) use of admixtures at your request;
    (c) water addition without approval;
    (d) discharge occurring more than 90 minutes ex-plant;
    (e) placement, finishing or curing by others;
    (f) failure to follow manufacturer’s recommendations;
    (g) your specification being unsuitable

14. CUSTOMER GUARANTEES ACT (1993)

14.1 Nothing in these Conditions excludes, limits, or modifies any condition, warranty, guarantee, right, or remedy implied by the Consumer Guarantees Act 1993 or any other applicable law that cannot be excluded.

14.2 You acknowledge that where Goods and Services are acquired for business purposes, the parties may agree that the provisions of the Consumer Guarantees Act 1993 do not apply, to the extent permitted by law.

14.3 Where you are a consumer, the Goods supplied are subject to guarantees under the Consumer Guarantees Act 1993, including (without limitation) that the Goods are of acceptable quality, fit for purpose, and match their description.

14.4 Where Goods fail to comply with a guarantee under the Consumer Guarantees Act 1993, you are entitled to the remedies provided under that Act, which may include:
(a) repair of the Goods;
(b) replacement of the Goods;
(c) refund of the purchase price; and
(d) compensation for any reasonably foreseeable loss or damage.

14.5 Where you are a consumer, the Services supplied are subject to guarantees under the Consumer Guarantees Act 1993, including that the Services will be carried out with reasonable care and skill, be fit for purpose, and be completed within a reasonable time.

14.6 Where Services fail to comply with a guarantee under the Consumer Guarantees Act 1993, you are entitled to the remedies provided under that Act, which may include:
(a) requiring the Services to be remedied;
(b) cancellation of the contract; and
(c) compensation for any reasonably foreseeable loss or damage.

15. INDEMNITY.

15.1 You indemnify us for any Loss resulting directly from your breach of this Agreement, negligence, unsafe or illegal Site conditions, or inaccurate information provided by you, unless caused or contributed to by us, our subcontractors, or the Supplier.

15.2 This indemnity does not restrict or exclude any rights you may have under Consumer Guarantees Act 1993 , including any Non-Excludable Condition.

16. SAFETY

16.1 Concrete Hazards: Fresh concrete contains cement, which can cause skin irritation, dermatitis, or burns. You must ensure that all personnel:

(a) Avoid skin and eye contact.

(b) Wear appropriate PPE, such as impervious clothing, gloves, and eye protection.

(c) Wash affected areas with clean water for at least 15 minutes if contact occurs;

(d) Seek medical attention if the irritation persists.

16.2 Crystalline Silica: Hardened concrete may contain crystalline silica, so when cutting, drilling, or grinding

(a) proper respiratory protection is worn.

(b) dust suppression techniques are used.

(c) The relevant safety data sheets are consulted.

16.3 You must:

(a) Comply with all WHS laws in New Zealand.

(b) Provide safe working conditions;

(c) Ensure adequate supervision and training.

(d) Follow the driver’s safety instructions; and

(e) Maintain existing safety management systems.

17. INTELLECTUAL PROPERTY.

17.1 We own all of our intellectual property.

17.2 You are not granted any license, right, or interest in any intellectual property.

17.3 Any intellectual property created during the performance remains our property.

17.4 You may not use our name, trademarks, or reputation without our written permission.

18. SUSPENSION/TERMINATION

18.1 We may suspend or terminate supply immediately upon notice if:

(a) you fail to pay when it is due.

(b) You violate any material obligation.

(c) the site is unsafe, or the access is inadequate;

(d) You become insolvent.

(e) A Force Majeure Event lasts for more than 30 days.

18.2 If a material breach is not remedied within 7 days of receiving written notice, either party may terminate the agreement.

18.3 Upon termination, you must pay for:

(a) All goods and work supplied;

(b) Cancellation charges;

(c) Demobilization costs;

(d) costs reasonably incurred in advance of supply.

18.4 Consumer and small business contracts must include reasonable reimbursement provisions in accordance with the NZ Consumer Guarantees Act 1993.

19. PRIVACY AND COMMUNICATIONS

19.1 You agree to:

(a) Recording calls for quality and evidentiary purposes;

(b) Collection and use of personal information in accordance with the privacy policy;

(c) credit checks and data exchange with credit agencies;

(d) Notices may be served electronically.

20. DISPUTE RESOLUTION

20.1 Disputes must be notified in writing, with full details.

20.2 Senior representatives must meet within ten business days to attempt resolution.

20.3 Any undisputed amounts must be paid pending resolution.

20.4 Nothing prevents you from seeking urgent interlocutory relief.

21. FORCE MAJEURE.

21.1 Neither party is responsible for any failure or delay caused by a Force Majeure Event.

21.2 The affected party should:

(a) promptly notify the other party.

(b) make reasonable efforts to mitigate effects.

(c) resume performance when you are able.

21.3 If a Force Majeure Event prevents performance for more than 30 days, either party may cancel affected orders without liability (excluding payment for goods already supplied).

22. GENERAL

22.1 Governing Law: These Conditions are governed by the laws of the State or Territory in which the relevant Goods and Work are supplied, and the parties agree to the non-exclusive jurisdiction of those courts.

22.2 Entire Agreement: This Agreement constitutes the entire agreement and supersedes all previous communications.

22.3 Assignment: We may assign or subcontract, but you may not do so without our consent.

22.4 Severance: Invalid provisions will be removed without affecting the remaining provisions.

22.5 Waiver: All waivers must be in writing and signed.

22.6 Notices: Notices must be sent in writing to the addresses specified or via email to the nominated addresses.

22.7 Survival: Clauses governing payment, liability, indemnity, intellectual property, and confidentiality survive termination.

22.8 Relationship: While we arrange for the supply of concrete from the Supplier, nothing establishes a partnership, joint venture, or agency relationship between us and the Supplier, or between you and us.

22.9 Costs: Except as otherwise provided, each party is responsible for its own costs in connection with this Agreement.

22.10 No Reliance: You must conduct your own investigations and not rely on any representation not contained in this Agreement.

Schedule: Service Fees (Additional Charges)

The fees and charges specified in the relevant quote and invoice apply to these Services.