Trade Credit Account Application

PRICES AND QUOTATIONS

Where a quotation is made it may be withdrawn at any time but if not withdrawn becomes null and void unless the customer’s written acceptance is received within thirty (30) days of the date of the quotations. Prices quoted are based on rates and charges ruling at the date of quotation unless otherwise specified. Winstone Aggregates Limited (“the Company”) reserves the right to pass on to the customer all or any increases in rates and charges incurred by the Company whatsoever that occur between the time the price is quoted and the time of delivery. Prices quoted are ex quarry unless otherwise specified. The provision by the Company of a quote shall in no way be construed as a readiness to extend credit.

DELIVERY

Where the Company does not undertake delivery, risk in the goods passes to the customer at the time possession is given to the first carrier. Where the Company does undertake delivery: a. The Company is not a common carrier and does not undertake the obligations or liabilities of a common carrier. b. The Company shall use its best endeavours to ensure that any delivery day or date provided to the customer are adhered to provided that the Company shall not be liable for failure to deliver on the estimated day or dates where such failure is due, or caused or contributed to by events or circumstances beyond the Company’s control. c. Where the Company has agreed to leave a public road or street in order to effect delivery of goods then: 1. When in the opinion of the Company’s representative there is not sufficient and suitable means of access to the delivery point it shall be the customer’s responsibility to provide such sufficient and suitable means of access, and the customer shall be liable for and reimburse the Company for all costs, damages and expenses incurred if the customer fails to provide such sufficient and suitable means of access. 2. The final decision on entry onto any site will be at the option and discretion of the Company’s representative. Failure to deliver pursuant to this clause will not be deemed to be a breach of contract by the Company. 3. The Company shall not be liable for any damage to the goods or other property where such damage could not have reasonably foreseen by the Company’s representative prior to such damage occurring. 4. Normally hourly truck hire rates may (at the Company’s option) be charged for excessive waiting times and delays caused by the customer or his client.

STORAGE

Electronic Storage. Unless otherwise arranged, the customer shall have no right or title to material stored by the Company on discs or any other electronic form of storage, but if the Company agrees to duplicate or transfer stored electronic material to the customer, the Company shall have the right to charge for these services.

CUSTOMER’S PROPERTY

Customer’s property and all property supplied to the Company by or on behalf of the customer will be held at the customer’s risk.

NOTICES

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