Design Strength

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.

Slump

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 mustad 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 sellers 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.

The greater of five minutes per cubic yard or 60 minutes per load is allotted customer without charge to unload sellers truck if customer does not completely unload sellers truck within the allotted time awaiting time fee will be charged customer at the rate of $1.50 per minute equivalent to $90 per hour if this is a c o d order customer agrees to pay the requisite waiting time fees to sellers mixer operator before mixer operator leaves the delivery site.

Limited Warrant 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.