Concrete mixture to yield the stated strength at 28 days, based on the average strength of standard laboratory cured cylinders per ASTM C-94 & ACI 318. Test specimens to be made, cured and tested in accordance with ASTM C-31 and C-39. When strength is used as a basis for acceptance of concrete, the results of test specimens shall be evaluated in accordance with ASTM C-94 and ACI 318.
Tolerances in slump to be refined and slump to be made in accordance with ASTM C-94. If the Customer requires water to be added to the concrete so that the stated slump is exceeded, Seller will not be responsible for the strength of the concrete.
Customer’s Indemnification for Property Damage
It is agreed and understood that if an agent of Customer directs Seller’s mixer operator to leave the public roadway with Sellers concrete mixer, Customer agrees to indemnify Seller and hold Seller harmless from all claims against Seller arising inside the curb line that do not result from the gross negligence of Sellers mixer operator including by way of example and not limited to damage to curbs, sidewalks, driveways, alleys, lawns, trees, wires, or buildings.
Modification or cancellation of orders
Customer agrees that after Seller has commenced matching Ready Mix Concrete ordered by Customer Customers purchase becomes a revocable any changes to Customers order including Customers cancellation request must be made verbally by Customer to Seller before Seller starts to load the Ready Mix Concrete ordered by Customer.
Exceptions as to quality or quantity must be taken before the ticket is signed.
Terms of Purchase
Open account Customers paying invoices with credit cards must add and pay a transaction fee of 2.75% of the total of each invoice paid with a credit card payment for Ready Mix Concrete purchased on an open account is due 30 days from the date of invoice Seller will assess interest at the rate of 18% per annum to delinquent balances and Customer base to pay 18% interest per annum on any delinquent balance.
A $30 service charge will be assessed for each check tendered by Customer that is dishonored by Sellers Bank.
Customer agrees to pay all of Seller’s actual collection costs including reasonable attorney fees, cost of private process service, court costs, arbitrators fees and the like incurred by Seller in collecting any delinquent sums owed by Customer to Seller.
Customer is responsible for the timely unloading of concrete. The greater of five minutes per cubic yard or 60 minutes per load is allotted Customer without charge to unload Seller’s truck. If Customer does not completely unload Seller’s truck within the allotted time, a Wait Time Charge will be assessed at the rate of $1.85 per minute (equivalent to $111 per hour). If this is a COD order, Customer agrees to pay the requisite Wait Time Charge to Seller’s mixer operator before the mixer operator leaves the delivery site.
Lost Loads / Rejected Deliveries Where Security Impedes Delivery
In the event that the delivery of concrete requires our truck to pass through a security gate or checkpoint, the arrival at the gate or gate’s queue is the point at which the risk of loss of the load will transfer to Customer. Gate time will be deducted from Customer’s timely concrete unloading period (the greater of five minutes per cubic yard or 60 minutes per load) and Wait Time Charges will accrue if such time is exceeded. Customer will be responsible to pay in full for loads that are lost in relation to to complications or delays at the gate/checkpoint, excepting only a loss attributable solely to Supplier’s negligence.
Limited Warranty and Warranty Disclaimer
Seller warrants for a period of one (1) year from date of delivery only that material sold hereunder substantially complies with Seller specifications for said material or the specifications set forth and Seller’s quotation. SELLER HEREBY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF THE READY-MIX CONCRETE OTHER THAN THE EXPRESS WARRANTY STATED ABOVE. In addition, except to the extent otherwise set forth in the specifications described on the ticket, Seller makes no warranty whatsoever with respect to (1) whether any Aggregates inside material are innocuous or deleterious, or contain non reactive or reactive aggregates, (2) whether any concrete is subject to pop-outs, expansion, checking, discoloring, spalling, fretting, consolidation, scaling, efflorescence or cracking (3) the durability of the concrete including, but not limited to, sulfate resistance, or (4) whether any concrete material both in its quality, quantity, characteristics, and proportions, including but not limited to cement type or water-cement ratio, is in conformance with any plans, specifications, regulations, ordinances, statutes, or other standards applicable to Customer’s job or said material as used by Customer. No warranty shall apply in the event that water or any other substance or material is added to the concrete either by or at the request of the Customer. SELLER SHALL IN NO EVENT BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE CAUSED BY NON-COMPLIANCE OF THE MATERIAL WITH SPECIFICATIONS, OR ANY DEFECTS IN THE MATERIAL SOLD HEREUNDER.