Acceptance
Seller’s quotation and offer contained herein shall be deemed withdrawn and of no further effect unless accepted by Purchaser by signing and returning a copy hereof to Seller within thirty (30) days after the date hereof. After such acceptance, all Purchase Orders and/or other documents or other instructions from Purchaser will be deemed subject to all the terms and conditions set forth herein, and no additional or inconsistent term contained in any such Purchase Order and/or other document or instruction from Purchaser shall be given any effect unless agreed to in writing by Seller.
If Purchaser has not signed and returned to Seller a copy hereof as aforesaid, Purchaser will conclusively be deemed to have agreed to all the terms and conditions set forth herein by submitting to Seller any order, contract, request or delivery instructions for any materials covered hereby or by accepting delivery of such materials, and no additional or inconsistent term contained in any such order and/or contract, request or instructions from Purchaser shall be given any effect unless agreed to in writing by Seller, provided, however, that Seller, at its sole option, may reject any order for materials covered hereby where a copy hereof has not been signed and returned to Seller within the time provided herein.
Limitation of Deliveries
Seller’s obligation to deliver concrete at prices quoted is limited to deliveries on the project specified within six (6) months after date of quotation, unless otherwise specified on the front side thereof. Seller may refuse to commence or continue deliveries at prices quoted on projects not started within a reasonable time or on projects not continuously prosecuted after the commencement of deliveries.
Deliveries
All concrete ordered by purchaser and delivered to the job, whether used or not, will be billed to Purchaser. Prices and quantities are based upon the wet volume at the time of discharge from delivery trucks. Receipt and delivery tickets shall be binding unless immediately disputed. The buyer is required to provide an area suitable for wash-down of the truck to meet applicable local, state, and national environmental requirements.
Time of Delivery
Unless otherwise specified, prices quoted are based on delivery by truck to the jobsite during normal working hours, Monday through Friday. An additional charge may be made for deliveries after normal working hours. Purchaser is responsible for giving Seller reasonable and adequate notice for scheduling and delivering concrete. Seller will not be expected to hold trucks and equipment available for deliveries to Purchaser, and will not, without reimbursement, hold plants open and equipment available for pours for which adequate and reasonable notice has not been given. Seller will not honor back charges for delays in delivery due to inadequate notice by Purchaser or due to underestimation of quantities for a pour.
Point of Delivery
Deliveries by trucks are dependent upon accessibility to point-of-delivery. Roadways shall be deemed inaccessible if trucks cannot proceed with the full load (unless partial loads are specifically ordered and agreed to by Seller) under its own power without damage to property or equipment. In the event Purchaser ordered delivery beyond curb line, Seller shall not be liable for damage to sidewalks, driveways, or other property, and Purchaser shall indemnity and hold Seller harmless against any and all liability, loss, and expense, incurred as a result of such damages. All deliveries shall be made subject to applicable regulations governing the standard operating procedure of common carriers.
Standby
Prices quoted are based on prompt unloading of trucks. Seller reserves the right to make a standby charge of $2.00 per minute or fraction thereof for trucks held at the job more than forty-five (45) minutes. In case of repeated delays in unloading, Seller reserves the right to discontinue deliveries until conditions causing delay are corrected.
Taxes
Any sales, processing or similar tax imposed by any governmental authority which is now or hereafter becomes applicable to deliveries by Seller shall be paid by Purchaser unless otherwise provided by law in addition to the prices specified herein.
Quality and Testing
Seller warrants that all cementitious materials, aggregates, and admixtures used by it in furnishing concrete pursuant to this quotation shall conform to current ASTM specifications for cementitious materials, aggregates and admixtures of the type specified and that all ready-mixed concrete delivered to Purchaser shall conform to applicable requirements of current ASTM Standard C-94. Where quantity of cementitious materials is specified, Seller warrants that the concrete delivered will contain the specified quantity of cementitious materials of the type specified within accepted tolerances for ready-mixed concrete. Seller in no way guarantees temperature of concrete upon arrival at job site. Purchaser is responsible for taking certain measures to ensure concrete arrives at correct temperature in situations when concrete temperatures are a concern. Where strength of concrete is specified and concrete is delivered by Seller, Seller warrants that the concrete furnished will meet or exceed the indicated design strength at the designated age when tested in accordance with the applicable ASTM Standards C31(in entirety no exclusions), C39, C78, C172, C293, applicable provisions of C 94, and evaluated in accordance with applicable provisions of the ACI 318 Building Code. Standard curing of cylinders is the only acceptable way to cure concrete cylinders on the jobsite in order to test for strength acceptance. The addition of water to the mix by Purchaser relieves Seller of any responsibility as to strength of concrete provided the slump at time of delivery is equal to or greater than that specified. Where strength of concrete is designed in excess of 4500 psi or a “High Early” concrete is required, the minimum batch size shall be 3.0 cubic yards, for which the Purchaser is required to pay.
SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR OF FUTURE PERFORMANCE OR OF ANY OTHER KIND. Seller’s obligation under this warranty shall be limited to replacement or allowance of credit for nonconforming materials as provided herein.
Delays
Seller shall have no liability whatsoever to buyer or to any other person for delays in deliveries of orders accepted hereunder resulting from fire, casualties, calamities, strikes or other labor disputes, war, insurrection, interruption, or shortage of utility service or. materials, acts or regulations of any governmental body or agency, or resulting from conditions or events beyond the reasonable control of Seller. Should Seller experience any delays or shortages of transportation or materials, Seller shall be permitted to allocate deliveries among its customers, but Seller shall exercise due diligence in assuring delivery hereunder.
Liability of Seller
Seller shall not be liable for loss or damage of any nature after delivery. Seller’s only liability and obligation with respect to nonconforming (including defective) concrete shall be to replace such nonconforming concrete at point of delivery, or at Seller’s option, to allow credit for such nonconforming concrete, provided that Purchaser shall be deemed to have waived all rights or claims hereunder with respect to nonconforming concrete not reported to Seller within ( 45) days after the time of delivery thereof to Purchaser. Seller shall have no liability for loss or damage in excess of the price received for nonconforming or defective concrete delivered to Purchaser or for losses or damages of any nature (including without limitation incidental or consequential damages) incurred or suffered by Purchaser or any other person or entity in repairing or replacing defective concrete or occasioned by defective concrete, and Seller shall have no other responsibility, obligation or liability whatsoever with respect to any concrete delivered hereunder whether predicated or alleged breach of contract or negligence or otherwise.
Terms and Payment
Subject to Sellers’s approval of Purchaser’s credit, invoices will be due 30 days from date of invoice. If the invoice due date falls on a weekend or holiday, the payment will be due on last working day preceding the weekend of holiday. Seller has the right to refuse to deliver to any Purchaser with unsatisfactory credit history or to discontinue deliveries to any Purchaser with a past due account. All accounts shall be payable in Beaumont, Jefferson County, Texas, and any past due account shall bear interest at the rate of 18% per annum. In the event the collection of any unpaid balance is placed in the hands of the Seller’s attorney, Purchaser shall pay all attorney’s fee.
Government Regulations
This quotation is made subject to all applicable governmental orders, rules, and regulations and with respect to construction or the use of building materials.
No Verbal Agreement
It is understood that there are no verbal agreements or understandings which are not incorporated herein.