7.1 The Customer acknowledges and agrees that it shall be solely responsible for and warrants to the Company that all specifications and other information or requirements applicable to the intended use of the concrete Products (Specifications) and which are provided to the Company for the selection, manufacture and supply of concrete pursuant to an Order, are accurate, correct and suitable in all respects for the Customer’s intended use. The Customer also acknowledges that the addition of water to assist with pumping or for any other reason, may alter and have an adverse effect on the strength and other characteristics of concrete Products. Accordingly, the Company shall not be liable for any water addition at the time of delivery, except as expressly approved in writing by the Company’s Technical Manager under clause 7.6(j).
7.2 The Company shall be entitled to rely on the Specifications in determining the nature, composition and characteristics of any concrete Products to be supplied.
7.3 Unless otherwise expressly agreed in writing, the Company, when giving the Quotation or supplying any Product will not be taken to have approved any Specification as being suitable for any particular purpose and will not be liable for any claims, expenses, loss, damage or delay resulting from any defects in or
unsuitability of the Specification.
7.4 Subject to clause 7.6, concrete shall comply with AS
1379-2007 with a nominal slump not exceeding 80mm and maximum size aggregate of 20mm and shall otherwise comply with the characteristics stated on the delivery docket.
7.5 The Company may charge an additional amount for approved variations to the slump or aggregate at the applicable rate in the Fees & Surcharges Schedule.
7.6 The Company shall not be responsible or liable for, and is hereby indemnified by the Customer in respect of, any claims, actions, costs or liability whatsoever made by the Customer or any 3rd party arising from or in any way in connection with:
(a) the use of any heating or cooling agents to control concrete temperature;
(b) compliance with applicable temperature limitations of AS 1379-2007 at the Delivery Location when concrete is placed under extreme ambient temperature conditions (typically below 10 degrees Celsius and above 32 degrees Celsius);
(c) the use of any retarders;
(d) the suitability or ability of any concrete Products to be pumped;
(e) any improper handling, placing, treatment or curing of the concrete Products;
(f) any practices, process, workmanship or methodology adopted by the Customer (or any 3rd party),
(g) the use of any 3rd party equipment;
(h) weather or environmental conditions;
(i) discharge, use of, compaction or application of
concrete Products outside the batch time stated on the delivery docket, and in any event outside the period that is 90 minutes after batching.
(j) addition of any water or other substances to concrete Products by or requested by or on behalf of the Customer, except to the extent approved in writing by the Company’s Technical Manager at the time of delivery;
(k) placement delays or cold joints;
(l) any other circumstances outside the Company’s reasonable control or without the Company’s express written approval; or
(m) any combination of any of the above factors.
7.7 The Customer acknowledges and agrees that the Company does not warrant or guarantee the consistency, accuracy, strength, quality, suitability, surface finish, performance characteristics or durability of any colour added to concrete Products.