In Cemex UK whenever we make a sale a contractual relationship is formed between Cemex and the customer and it is imperative that our standard Terms and Conditions of Sale are incorporated into this agreement. These are available at https://www.cemex.co.uk/trading-terms-conditions. In some cases, we may agree to a bespoke agreement with a customer, but that should only be done with the involvement of the Legal Team.

Our standard terms and conditions set out Cemex’s position on the following (amongst others):

• liability for late delivery
• obtaining payment from a customer when it refuses to pay sums unrelated to a queried invoice
• mid-contract price increases
• events outside of our control

If our terms aren’t incorporated, then the parties do not have certainty on the contractual position and general legal principles or the customer’s terms could apply. In both cases these will almost always be more unfavourable than our terms.

We have worked with our Service Centre to ensure that robust processes are in place to ensure that our terms are incorporated in all contracts with customers and sales teams should ensure that these are followed.

A good understanding of our terms is essential to ensure we are in the best position should we ever get into a dispute with a customer and prevent ‘soft crediting’ where we compensate a customer when we don’t need to!  The Legal Team runs regular training for all businesses on this subject and we have lots of material available on our Viva Engage (Yammer) site here should you need it.

For any questions please contact:

Vishal Puri (Legal Director), vishal.puri@cemex.com

Laurence Sheppard (Consultant Commercial Solicitor), laurence.sheppardl@ext.cemex.com

Alice Powell (Paralegal), alice.powell@cemex.com