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HomeMy WebLinkAboutTitan Concrete 11-26�� TITAI�I CQNCRETE -Materials for Life' gMncretd "Thank you We appreciate your business" �3. to �� 1 FORT PIERCE 0f•07/// Cc/l 4199 ESELVITZ RUAD :77' PIERCE, FL 34982 Ticket no. 286663 Delivery dale I i c7 / 1 4 Plant IS28 I Truck 14Qciver Z E I L I NSK I , R["qBj~ RT Truck size j 1 � jZ;q (Type job BEAM ICustomer r610 21027 47 I Customer namN-4ELL S'LjBLI O1\J l' RAC T Q RS INC Zone Tax CD i'u I Tarmac project-ribd 1 ti I Customer P.O. no. Order no. - Lqi rA+ rrms code 1iCharge delivered 3-C.O.D. ' 2-Charge F.O.B. 4-C.O.D -F.O.B. Time due 1 : b n'ZI Delivery namE--and Jd-&JssB HOUSE County 1916 PERFECT DRIVE, PORT ST LUCIE I/95 SOUTH 'ro ST. LUCIE WESTA T/R TO PERFECT DR T,fL TC] �f`3�y Instructions Slump• 012 Quantity] Product I u/M� Unit price ! JAmount Load iI, CIffulative ; •Orcliy.�d Code ��aC iR,essArip�t12 a�00 MG-.C: CY 1100 80, i007 FUEL SURCHIS LD 1.: Q.10 801� 111114 ENV I RCIN SURC f IS L_D CECEOVr ppA A L'� ✓� NOV 2 6 RECD �9 0063 Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant . Subtotal l ;/ �/� Sales tax TOTAL Additional water a!djed to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: V Gallons of water added: Gallons of water added: Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval: Customer Approval: Tested Testedproperly No.j ( Authorized and received by ❑ Yes ❑ No ❑ Yes ❑ No I d1 ®4�J i� 1J \/ V, 1 Y Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct ni 10r^nnro nnnv TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of tl*-goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 101 proximo may be deducted if no previous balances are past due. Interest at the lesser of I'h% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local. sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is P/> cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of.requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, -Buyer waives any claims associated with any delays in delivery. 5. Buyer must provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and. hold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per trick: for, (i) orders not cancelled at least one ].lour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable .approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement" or measured "in place". Yield will. be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete bistitute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. TIIE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTTTUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9: - Seller will not be responsible for -slump, strength or quality of any congrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after, unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which tray adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingrediem LI-r rge payable by Buyer. 1.1. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the epv ir, is t. r',r: and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled t .leasu:, a ,uring production at the expense of Buyer. 1.2. Buyer must give Seller written notice within 48 hours after delivery of-qny claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed, a conclusive waiver by Buyer of alt such claims against Seller. 1.3. SELLER WII..,L NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR. ANY SPECIAL, INCIDENTAL, PUNiTPIE. OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE.,, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRtCT LIABILITY OR. FAULT. INNO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TOTHE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 1.4. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, Fla 33441. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - INJiZRIOUS TO EYES. CONTAINS PORTLAND CEMENT. FRESHLY MiXED CONCRF.,TF. MAY CAUSE, SKIN IRRITATION OR. INJURY. AVOID CONTACT WITH SKiN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RiNSE IMMEDIATELY WiTH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHV, TtW-MSDS) ARE AVAILABLE AT %VW W.TiTANAMERICA.COM. Rev'd 2-08 } 0"CONCRIETIE °It - " a 'er'ials for Life' gmncretd "Thank you We appreciate your business' Ticket no. ,• Delivery datie:1.,�2'z.0�:1.4 Planf f:ri.,tc3 Truck 1.r�+.I+giver (v({;r6;lt.7 i(�(-Y{;;(,j j! Truck size :1.(1„ (a(I Type job f;4(;:(-JV1 ICustomer n4000 fa r' 4 f I Customer name, •ll;;,j,A.. ;;;L3;(i{ ;{;11�1'! 1;.1{., j {:AF.:? :1:1t10, Zone Tax CD I Tarmac project 6jY.-�:L f-� I Customer P.O. no. Order no. L,1{: :, �ti I Terms code 1.1Charge delivered 3-C.O.D. 2-Charge FO.B. 4-C.0:1) -FO.B. Time due .1, � „ .a � Delivery nalne•end6dd arAs�SX-f ("(O1.3•-•• 1• Lot Block County :(:..rit5 "'50 .j'T'I-1 'Y O s'T'., 1...�.j{::IE, W1":t:3i"' T /1-1 TO('(: fi:1'1::{a't �J(�:k'T:'"1... 'T'f:1 I'lli•IT).. Instructions Slump ' QUatltli� , , PrQdtiCi _~ "{JIMi UnitrzpC(Ce ;'ArnOUnt Load ( 0 CIO ulative "'QrdeietlPeS2nptiori.'3[%j{+a{1 i.tl F'ly( {:;'Y { I0 r' ` Y:" {,i-t � lisE4l{.t{%l:(.�e t::(••(t1b3:l��1:�(�i :i4.11�;{.".(••({:i (.�X7 " Sty? 00, Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant , CAA r Subtotal l Sales tax TOTAL Additional water(.:added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: Gallons of water added: Gallons of water added: Amt of CY Retained: Customer Approval• Customer Approval: Customer Approval: Customer 4pproval: Tested Tested properly No. ram. � ®� � � � Authorized a d receivedby . Yes . No . Yes . No {� Xft�,/ Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: r Address: Correct Not Correct r'I ICTnik.49M P r)DV TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of t1 q goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of I % 101' proximo may be deducted if no previous balances are past due. Interest at the lesser of 1'/2.% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local. sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from. Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in. advance or to cancel the unfilled portion. of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is P/2 cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer must provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and hold Seller harmless from and against any and. all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to. the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per truck. for, (i) orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and. are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. S. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("AC.I") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMTTATION THE WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTII IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will, be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with. any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied bythe Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer, 1.1. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 1.2. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged 'nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. . 1.3. SELLER WILL NOT BE I,IABI.E UNDER ANY C.iRCUMSTANCES .FOR ANY SPECIAL, INCIDENTAL, PUNiT.IV.E OR CONSEQUF.,NT.i.AI, DAMAGES INCI.UDINQ WITHOUT LIMITATION, ANY .DAMAGES RELATED TO DELAY, WHETHER. BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO TIIE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WTTII iTS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHAS E PRICE OF'THE GOODS SOLD UNDER THIS CONTRACT. 1.4. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, I3eerfield Beach, FL 33441.. 1.5. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - iNJURI.OUS TO EYES. CONTAINS PORTI.,AND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IR..RITATION OR. INJURY. A.VOi..D CONTACT WITH SKiN WHERE POSSIBLE.. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL:. SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.1'ITANA:MfERICA.COM. Rev'd 2-08 yr, " TITAN AWN CIRETE Materials for Life° gioncreW yJ "Thank you We appreciate your business" Ticket no. ,rx:R.`.?`:',� ,i3i:::L_4,j.1:'Y;c°, FR(:!f•��� � 'r.:�t�:a�,[:,;:a(:, I::••i- f::�:t:l}.:i�wi:;i:::,a {�� 9_. :.i=f`:�t:1G:'. Delivery date:l•.rf-�r.i;%:i,^rji Plant /,];I�iver ; W:I:l'`If"+l :i:loaf:t"F ' 'Truck size :i.d:t„ ty3t ITypejob l;;l;"{yg+( (Customer nv;j;�CfJ.:i l `f (Customer name�..ii':P...1... fiil.l.�l::�`1i�1 (1i�tf.:;;',Y'4ai";;a a:i�ir: __—,_ Zone Tax CD y ; I Tarmac proj.gc4po) :l. a.$ I Customer P.O. no. Order no. 506.14 I Terms code ikCharge delivered 3-C.O.D. 2-Charge F.O.B. 4-C.0.1) -F.O.B. Time due a• /f „ Q)C-, Delivery naiiie::a(nd Qar6s'sC{t i••IE:}UE-31E Lot Block County 111.9:i.G, PIET";i-E::IT DV:ITVE,; IC'f:1F+.T 21, I...UCr:iE. ; �...... r3'T'.. i...l.jt:;:i:i:" Iii:::;:i'i'..'6i{ 'T-Q l`'i l'6'i:::4"'T' :ai <,'Y:'1... i€::E F i�i ., :.., .:�i..1l.jJI-I i'i7 Instructions Slump {yni i I . I Quantity Producta4 9 W u knit `price fVjTioUnt Load j Guy ulative 4 )t ,Olyde�ed r,ify C�otde �`.Ii iD�esciriptio�mif=�,!£3 ;;�.� F°i'`t is 8" vl0` :�. 0 0 U76 ftl 1-4 {:{�.14fV:i:R01"I ::3►..=;P r ,r ` `Load 4 Arrive job site Start discharge Finish discharge' Leave job site Arrive plant j Subtotal Sales,tax [[[ TOTAL Additional watee added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: ,` Gallons of water added: Gallons of Water added: _ Amt of CY Retained: 'Customer Approval: Customer Approval: Customer Approval: I Customer Approval: Tested Tested properly - - : _ - " N_ o. Authhori nerd✓,a�,Yld re" roed rb ❑ Yes ❑ No ❑Yes ❑ No '`tea' ` BBS X" Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: & r Block: Address: Correct M Not Correct o TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and conotitions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be, construed in accordance with the laws of the state of Florida. For all df§putes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 101 proximo may be deducted if no previous balances are past due. Interest at the lesser of 1, 1/2% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 1 Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in. excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is 11/2 cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will'be mutually agreed upon between Seller and Buyer. Defiv6rics will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays.in delivery. 5: Buyer must provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for dainalie to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and hold Seller harmless from and against an; and till liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willftil misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per truck for, (i) orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable -approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards, Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. CN�rI Lim ed Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES,, WI-1 VITIEREXPRESS OR IMPLIED, INCLUDING{ ITHOUTLlmirNFIdN THE WARRANTIES OFMERCHANTABILITY AND FITNESS FOR PA'.t i."ICUT-AR PURPOSE, ARE HE, R , SSLY EXCLUDED. THE REMEDY SEI 'FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYEP, UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other inaterial has been added by or on behaif'ofBuyer. k3uyer will be responsible' to see that the concrete is handled in acc—dance with best construction practices. Seller has no control over the placing or — hdholliiig of concrete aftqrunIQad�,,g and,does not quarantee.the fm_,�6- isbed,—Jn-v7,hicb it:.,, used. B-,Ky*will tip: respblisible7lo'prevent concrete after unloading from comfirid—into contact with a,-y material, ,,ueh as aluminum, i-,;)ich dirty adversely irnpict concrete strength. 10. Buyer will furnish any admixtures or ingredicrits it desires that are not regularly st.7vYlie1 by the Seller ln the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be requireLl in excess of the mix design quoted, or which may be required to provide workability, strength ettmg time or water/cement ratio, will result in all additional ingredient charge payable by Buyer. 11% Concrete will be batched and d,,,': -,n,ed in accordant; w;_J) ASTM C-, t. Concrete tt-operature will be dictated by the environmental. and inaterial condi- tions at the time of delivery. Any requirement beyond these conditiow. will require ate implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of .my claim agaimt Seller as a result of any alleged,noncojiforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis (,f the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such clai mis against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE$ FOR ANY SPECIAL, INCIDENTAL, PuNiTiVEjOR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LiMi,rArION, ANY DAMAGS RELATED TO DELAY, WHETHER BASED ON STATUTE, 'FORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOT ARISING f ROM SELLER'S NEGLIGENCE, STRICT' LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE Or, THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales offlc& issuing the price quotation, with a copy to Credit DepArtment, 455 Fairway Drive, Deerfield Beach, FL 3 344 1. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES. CONTAINS PC 101AND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION OR INJURY AVOID CON -FACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. iF ANY MIXTURES GET INTO TRE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL NFIENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TITANAMERICA.COM. I Rev'd 2-08 Y ! !` e� TITAN .a4ONCRETE Materials for Life' "Thank you - We appreciate your business Ticket no. di -rL1ART STUART, i-,- • 3 P• 4 P�"Yy C�•yJ�i 7 Delivery date Plant Truck Driver ' Truck size Type job :13C I DEW1 Y NQU -7 a 10 —1-0M Customer no. Customer name Zone ; Tax CD 90002''74 I SHELL SUBCONTRAC T OR r INC Tarmac project no. Customer P.O. no. Order no. Terms code 7-Charge delivereq, 3-C.O.D. Time due ll.li'�!I rr. I �i�%Ii ,li I , 2-Charge F.O.B. 4-C.O.D -F.O.B.I 01q Delivery, name and, address Lot Block County DRIVE .2-k ar LIT I I 'r r - Instructions Slump, ',J'r/95 KL!LDU D 10 ST. Lt CIE. WE•Sr9 Tr` L ONTO -RESERVE `.'�U TO PERFECT D r, �. 4 - uantrt Hti , :: �, � � •� Q y- 'Product _ � , UIMI, Unit rise (Amount Load- Cumulative ,ordered Code Description 1,(7 r` 1. 00 . , :�d't7&RZi 1 fir JA . 00- 8Q 3 QCw � 07 :5 0 60, M G — •i H,L SL1FdC:F1fa L.I� !r C { t. '1sw ''''. • -�} , el it "� t, i +' r 1511OU 14 Load; Arrive job site Start discharge Finish dischargeLeave job site Arrive plant Subtotal • ! Sales tax _ It TOTAL Additional water added to this concrete will reduce its strength.Any water added is at customer's risk. Gallons of water added:/- / °� _Gallons of water added- f - Gallons of water added: Amt of CY Retained: Customer Approval: Customer Approval:r Customer Approval: Customer Approval: Tested Tested properly. • ' ey ❑ Yes 11:21N0 ❑ Yes ❑:No I 0 812.1 x Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and tat zero incidents is the only goal.. ,�J 11 ! C n , Lot: Block: Address: Correct Not Correct TITAN FLORIDA LLC TERMSAND 'O.NDITIONS OF SALE 1. All sales will be subject to these terms and conditions ("Contract") al,d; iII',buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyel "a1i rchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be cor)stred inaccordance with the laws of the state of Florida. For all dispjttes relating to this Contract, Buyer hereby consents to the jurisdiction and venue .If t ` state and federal courts for the location of the delivery site of the goods sold hereunder. s. 2. Payment terms: Net the last day of the month following the month of t % 0`h proximo may be deducted if no previous balances are past dui be imposed on outstanding and delinquent invoices from the date of sales and use taxes. In addition to any other available rights and remed including, but not limited to, reasonable attorneys' fees. Seller resew Contract without notice in the event of Buyer default of any Contrac,i isfactory to Seller. Failure of Seller to exercise any of its tights will X without deduction, retainage, set off or charge backs. A cash discount of at the lesser of 11/2% per month or the maximum rate allowed by law will until paid. Buyer will pay to Seller all applicable federal, state and local r will be entitled to recover from. Buyer all costs of collection and litigation bt to require payments in advance or to cancel the unfilled portion of this js, Qr if the financial status of Buyer becomes impaired or deemed unsat- :med a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through I'riday.' An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are.bAi rd on full loads- an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is 1'/2 cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of thtiff& and 146 of,'requg-ted deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability }o, 6ispa?21n, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer must provide suitable approaches to delivery points beyond paveO streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or over property and Buyer will indemnify and hold Seller harmless from and 'against any and all liability, loss and expense incurred as a result of such deli cry, includin. ut not limited to towing charges,'except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subr�` ainst Seller. 6. Buyer is responsible for full payment of, including all costs of disposals'Q e ler's return charge per truck for, (i) orders not cancelled at least one hour prior to delivery time; (ii concrete delivered due to Buyer's mist a ,' rn excess of requirements; iit concrete not deliverable due to unsuitable P' D' ) Y q �C�) approaches. 7. Concrete prices and quantities are based upon tine wet volume at the tt discharge from the truck, and are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable A Standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials QASTM") and American Concrete Institute ("ACT') standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or r'gpl'ace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER E S.S OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANT -ABILITY AND FITNESS FOR A PAIZTICUL MOOSE, ARE HEREBY EXPRESSLYEXCLUDED. T14E REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE 'TIIE SOLE REMEDY OF BUYER UNDER THIS '.0,11 TED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordancc Niith best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished ijork in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material; such as aluminum, which may adversely impact concretg strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not reg�larly supplied by the Seller in then-ketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. TL Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any .other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller willibe given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 1.3. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR. ANY SPECiAL, iNCIDENTA.L, PUNITIVE, OR CONSEQUENTIAL DAMAGES INC'I..UDING, WITHOUT LIMITATION, ANY DAMAGES REI.,ATED TO DELAY, WHETHER. BASED, ON STATUTE.,, TORT, CONTRACT, OIL OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 1.4. Notice. A.]1 notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL, 3344L. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - iNJUR.IOUS TO EYES, CONTAINS PORTL..AND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE, SKIN IRRITATION OR. INJURY. AVOID CONTACT WITH SKiN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WiTH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TITANAMERICA.COM. Rev'd 2-08 71MAN �FONCUIETIE Materials for Lifeo groncreti "Thank you - We appreciate your busiinesS, Ticket no. 5-TUnRT 1501 MONTEREY FAD STUART, FL 3-34+94 __18. Delivery date , Plant Truck Driver Truck size Type job 1A I NQEI E, L T). A *, 7 14 "q Customer no Customer name Zone_ T6x CD 9000274 SHELL GUBQO1qTR9ACTQi.�S TWC Tarmac project no. Customer P.O. no. Order no. Time due -Charge delivered 3LC.C.D. �OC 4 -4 1719 11.3 Terms code 1 9 -.38 Am 2-Charge F.O.B. 4-C.O.D -FO.B.. Delivery name and address Lot Block County 1916 PERFECT Df?!:'V'E prilg-r Instructions Slump 1/95 N.BOUND TU ST.LUCIE WEST,T/ L OINITO RESERVE BL.VD TO PERFECT D —7- -7i T7 7 7-7 FAmount Load Cumulative Ordered Code Description 10. 00 10.00 1(1100 M13BBIC30 1. 1210 21. 00 1 . Orl.i 80 A007 1. 00. 2.00 !00 80 H), 14 3000 MG C -113 FUEL SURD ENVY.1 RON' SJURCHG yd LD 0010-2 L Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal Sales tax TOTAL Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: :Galtons of water added: Gallons of water added: Amt of CY Retained: Customer Approval:— Customer Approval: — Customer Approval: - Customer Approval: 4Z Tested Tested properly No. Authorized and received% ❑ Yes JJ No ❑ Yes (J No 9 0 812 3 X Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct ^I IC-r^kAr-M ^e%rl%l TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE I. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. 'This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to tbejurisdiction. and venue of the state and federal courts for the location of the delivery site of the g_oods Sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 1011 proximo may be deducted if no previous balances are past due. Interest at the lesser of I lh% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all, applicable federal., state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel. the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is Ilk cubic yards. `4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in ,,delivery. 5. Buyer must provide suitable• approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property. and Buyer will indemnify and bold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except 'to the extent caused by Seller's gr9ss negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Bbyer is responsible for full payment of, including all costs of disposal and Seller's return charge per truck. for, (i) ordets not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. T Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and. are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. .8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACF') standards, when tested in accordance with ASTM. and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITYAND FITNESS FOR ,1 PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED.THE REMEDY SET FORTH IN 'PHIS SECTION 8 WILL CONSTITUTE T,-*11l� SOLE REMEDY OF BUYER UNDERTHIS LIMITED WARRANTY. 9. Selizr will not be responsible for slump, strength or quality of any concrete �o wbieb water or other material has been added by or on behalf ofBuyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee tbe finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will famish any Admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environiricradl mid material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled ineasures during production at the expense of Buyer. 12: Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to, investigate All claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against. Seller. 11 SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDINQ WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER. OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FORANY CLAIMS WILL BE LIMITED TOTHE PURCHASE PRICE OFTHE GOODS SOLD UNDER THIS CONTRACT 14. Notice. Ail notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to,Credit Department, 455 Fairway -Drive, Deerfield Beach, FL 33441. 1.5. Severability. The unenforceability of Any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - IN3URIOUS.T0 EYES. CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION OR. INJURY. AVOID CONTACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE Ar WWW.TII'ANAMERI.CA.COM. Rev'd 2-08 �� TITi�N � , • ®aCiE`� "Thank you -,We appreciate your business" Materials for Life' Ticket no. , gomcreltd F0' RT PIERCE �• 4199 SELV I TL ROAD 286223 FT PIERCE, FL 31+982 Delivery date Plant Truck Driver Truck size Type job 'Irf,! h. ZL L 1311 I ; I.!. Qr`WPF?. T' o im ni^, t 171 R Yr1T9:Pr Customer no. Customer name Zone Tax CD '=3f7l01WA:=' 347 I SHFI. i .. s; Prc .nK?TRArTnRP% T };aj_ TF Tarmac project no. Customer P.O. no. Order no. Terms code t-Charge delivered 3-C.O.D. Time due 4409 _4 I �%E ? -' I '21ChargeF.O.B. 4-C.O.D-F.O.B. 12- 1 Delivery name and address Lot Block County VILLA TALAVERA CLUBHOUSE 10291 SW V I SC ONT I WAY, PSL.. Instructions I/95 SOUTH TO CROSSTOWN PK14Y,, T/R TO NEXT RIGHT. f`lALPIVERA slump CLUBHOUSE) C Quantity � � � Product ` ]U/M Unit price J Amount Load I Cumulative I Ordered I Code I Description I I I 00 SS 8@1 07 FUEL-. SURCHIS,a 14 EhlV 1.',RON SLJPGHG CY L_B L. D Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal a • '" Sales tax i f TOTAL Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: Gallons of water added: Gallons of water added: Amf of CY Retained: Customer Approval: Customer Approval: Customer Approval: Customer Approval: Tested Tested properly No. Authorized/ands received by ❑ Yes ❑ No Yes ❑ No I 6 9 0 4 4 2 I X 1 /tb J �f4 7— Safety is a constant state of mind, with every employee feeling responsible "and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct ell IQTnRACO nnM/ TITAN FLORIDA LLC: TERMS AND CONDITIONS OF SAL'F,. 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any teams contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 101 proximo may be deducted if no previous balances are past due. Interest at the lesser of Ph% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices front the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is I'/, cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed. upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer nnrsr provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and hold Seller harmless from and against any and all Liability, foss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is respon! -r is for full payment of, including all costs of disposal and Seller's return charge per truck for, (i) orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck., and are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations tinder Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER. EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY' OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. --Buyer -� ill be s-csponsit le to see that the i -etx. t5 ;;ar,dled in accor,�.is with best c,,nstiiietion -practices. Seller has no control over the placing or- handliog of concrete alter unloading and SIT, not guarantee the trnishc ]'work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminart>", which may adversely impact concrete strength. 10. Buyer will furnish any admixtun� or ingredients it desires that are not re :ularly supplied by the Seller in the marketplace. Buyer will be solely respon- lst6le for the e^Iect of such admixture or ingredients on the concrete. An extra product which may be required in excess of the mix design quoted, or u Inch may be required to provide workability, strength, setting time or wa er/cement ratio, will. result in an additional ingredient charm; payable by Buyer. 11, Concrete will he batched and delivered in accordance with ASTM C-94. 41oncrete temperature will be dictated by the environmental and material condi- ti&s at the tine of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after deli-.,, , of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other,}han failure to meet compressive strength, in which event the time for notice will be within 48 hors,, a.i?l,r I`.,i (usroraary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate a1, , I i,, 1ny f<irl,rre by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNTTIvF OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER RA' )ED ON STATUTE, TOwr, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT ]_]ABILITY OR T � ! 'L- NO EVEN`]' WILL SELLER BE RESPONSIBLE FUR DAMAGE DUE TO THE ACTIONS OF OTHERS OR'TH.E FAILURE OF BUYER i, t_'c'' [`i Y WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED'.1'O THE PURCHASE PRICE OF THE C,r 00S SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforceability of any provibiou of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES. CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION OR INJURY. AVOID CONTACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET 1N'TO TILE EYE, RINSE IMMEDIATELY WITH WATER AND GE'T PROMPT MEDICAL ATTENTION. KEEP OUT OF REACII OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TITANAMERICA.COM. Rev'd 2-08 s� TITAN c®wcRETIE "Thank you = We appreciate your business" Materials for Life® Ticket no. gvMcreti FORT PIERCE 4-1.9 SELVI T Z ROAD 286225 FT 'P I t RQE, FL 34982 Delivery date Plant Truck Driver Truck size Type job J I I�1 ern ; t f f ,:.�. C16 b/F &? nCo�r;Lpc 1�+ 1 i-)r aT i= Customer no. Customer name Zone Tax CD ra 171IT'i7s:7, +'.6,-7 I a,HEI + (Za IBCONI-r z?f_t1'•T'1'E Pc; ' TI%i -+->r Tarmac project no. Customer P.O. no. Order no. Terms code t-Charge delivered 3-C.O.D.,r' Time due ,�cEr.171Q'1L.1 I g7fc -� I 'ziChargeF.O.B. 4-C.0.1)=F.0:13:4' ,i-,�,•„",M Delivery name and address Lot Block' County PGA CLUB HOUSE 19.16 PERFECT DRIVE, PORT sT. L_UC IE Instructions Slump Iir75 SOUTH TO ST. LUCK WEST, WEST TO PERFECT DR, Til_ TO END. RESERVE AT ST. LUCIE WEST 5_ er2 Quantity Product U/M Unit price Amount � Load 1 Cumulative 1 Ordered I Code I Description I I 10.001 a10,, (ZiO ; 02), 0YO SW''MR:30�PEC W/C 0. 55 # rS 80(1007 FUEL ' SURCHG 1,, 00 80M014 ENV I R014, SU;RCHIs CY LD LD Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal • Sales tax •,� TOTAL Ad`ditionA)-i vateradded to his cbnicret`e will reduce its strength. Any water added is at customer's risk. Gallons ofvater¢¢added' Gallons of water added: Gallons of water added: Amt of CY Retained: Customer Appr . al:�J % Customer Approval: Customer Approval: I Customer Approval: Tested Tested properly No. - Authorized and received by ❑ Yes ❑ No ❑ Yes ❑ No 6904424 ix Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zeroQncidents is the only goal. Lot: Block: Address: Correct Not Correct nr , nl 10-rnh=13 f%n0V TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE i 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of I % 101 proximo may be deducted if no previous balances are past due. Interest at the lesser of 11/2% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoi3es from uw date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rrghl �: and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys'• fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is 1'h cubic ,yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will'be mutually agreed upon between Seller- and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer must provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and hold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per truck for, (i) orders not cancelled at least one.hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods +.o be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or'replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION'TIIE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE I IEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, 'TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOT ARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FORANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing e pi rc4 quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforceability of any pro% rsion of this Cons{ act will not affect the : nforceability of any other provision of this Contract, and each other provision of this Contract will be sever-; .i-d enforceable to!;lo!;o extent permi'i.;,i by law. Yl!�Id1bTE ' "i.%USES SKI1`,' ;,, .2 T.AT10N •- d"wJURIOUS TO EN'3 e, CONTAINS PORTLAND CEMENT. Fit F 4AY 9 CONCRETi IOA'•� CAUS 'Si, N IRRITATION OR INJURY. AVOID CONTACT WITH SKIN WHERE POSSIBLE. WASH EXPO�'El) .1 i-.'.S 'kt r'TLY AW" I L,' A".Y MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT 4EI);,-'A.. ATTEly 1 ',7N. r:r-' OI::. F,A._, r OP u. EDREN. MATERIAL :"fY DATA SHEETS (MS@: . -.ABLE AT WWAV TITANAMERICA.COM. Rev'd 2-08 TITAN "Thank Y- We appreciate Yyour business"CIONCIZETE Materials for Life' Ticket no. gnmadd FORT PIERCE 1I.199 SELV J TC , ROAD 286278 FT P I FMCE,, FL 34-- 82 Delivery date Plant Truck Driver Truck size I Type job 11:E1 t, 1 1. E.,2G 131lis ACKER, i_OUGLAS 10.011 FOOT ERE Customer no. Customer name Zone Tax CD 1 90002747 I SHELL SUBCONTRACTORS ;INC T', Tarmac project no. Customer P.O. no. Order no. Terms code 1-Charge delivered 3-C.O.D. Time due 1 41Z1'J 18 I 9855 I ' z�C �C'harge FO.B. 4-C.O.D -FO.B. Delivery naF�7I aped IMML; H0USE Lot Block County t9iS PERFECT DRIVE, PORT aT LUCIE Instructions J. i ,j D �i ii'n t c.l ;:j t . t_I_jJ ..L L .'dr:.•:J 1 , W 5 i 1 . r - c_.fxr ri i w � i i i_ i i C:IuaJ. Slump 6. ►EI r, o Quantity : � Product { u/M� Unit price .Amount Load Cumulative Ordered Code Description 11Zi,lwl0 I:U-1. ►7,00 :�:)7_II, 1Z0 SW IT35R30SPEC W/C rho 55 #JT I I Cy LD LD Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal Sales tax Y TOTAL Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: Gallons of water added: Gallons of water added: I Amt of CY Retained: Customer Approval: Customer Approval: "'Customer Approval: Customer Approval: Tested ' Tested properly No. ® Authorized and received by _,or ❑ Yes ❑ No ❑ 'Yes ❑ No rd! t• Safety, is,.a constant state of mind, with every employee feeling responsible and empowered to act to..cause him and others to work safely, on the belief that all accidents are preventable and that zero. incidents is the only goal. Z, Block: Address: Correct Not Correct r%1 ICTlIR,ICr3 nnov TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE l . All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the j urisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of I % 101 proximo may be deducted if no previous balances are past due. Interest at the lesser of P12% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local, sales and use taxes. In addition to any other available .rights and remedies, Seller will be entitled to recover from .Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel. the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is F/2 cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer must provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and hold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible fbr full payment of, including all costs of disposal and Seller's return charge per truck for, (i) orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTIi IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will. be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. It. Concrete will be hatched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 1.3. SEL,L,ER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, iNC.iDENTA.L, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETI-i.ER, BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGAI'IONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 1.4. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - iNJU.RIOUS TO EYES. CONTAINS PO.RTLAND CEMENT. FRESHLY MiXED CONCRETE MAY CAUSE SKIN IRR.ITAT.ION OR INJURY. AVOiD CO-,\ITAC" 1' Wl 1 SKiN WHERE POSSiBL,E. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RTNTSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TiTANAMERIC.'. '. 0M— Rev'd 2 08 '.�� CONCRETE Materials for Life" r Crete g "Thank you - We appreciate your business" Ticket no. FORT 1-'IE. RCE , 41,99 SELV11*71 ROAD 28 ,r_'76 FT PIERCE, Fl- 34982 Delivery date Plant Truck Driver ITru,k,ize,Type job 1121/14i)/14 628 33(115 ZE;TI_IT`iSKJ, , RQDER1t ?a 011 . FOOTERIC Customer no. Customer name Zone Tax CD `317-10027�1.7 - I SHELL SUBCONTRACTORS, INC Tarmac project no. Customer P.O. no. Order no. Terms code 1-Charge I delivered 3-C.O.D. Time due Grt.}09 t 8 I �i� J 4 , i6arge F.O.B. 4C.0.D-F.O.B. " �W Delivery name and address Lot Block County rfGA CLUB HOUSE 1916 PERFECT DRIVE, PORT ST LUCII.= py Instructions 1 : 'c7n UU I i—! I L! :5 1 L UL, I t, Wt7 b I y idl-ti I 1 Li t 'I=1-( I.:,+-r 1 1) Sum (lit, Quantity------��-' E Product j u/M Unit price Amount Load Cumulative Ordered Code Description j 1 . 0121 : 0. QiO 20, Icy:! SW- Mj=;,Sle'. SPEC W/C 0. 55 0`1:57 � 1 174Q1 80f 112.107 FUELS, 1_1RCHG L D it4Q1 60f,I!G!14 ENV .IPONL, SURCHG LD T Load Arri pe job site -- Start discharge Finish discharge Leave job site Arrive plant Q- Subtotal Sales tax TOTAL Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added/ V o Gallons of water added: _ Gallons of water added: = i Amt of CY Retained: Customer Approval: d Customer Approval: ' Customer Approval: I Customer Approval: Tested. ' Tested properly No. �j Authorized and received by Q'1'es ❑No ❑Yes ❑,No I 0904475 IX Safety is a constant state of mind, with every employee feeling responsible ` and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents -is the only goal. Lot: Block: Address: Correct Not Correct TITAN FLORIDA LLC -1, t - .* TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of I % 1011 proximo may be deducted if no previous balances are past due. Interest at the lesser of I lh% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local. sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from. Buyer all. costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in. advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is I 1/z cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer must provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and bold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full. payment of, including all costs of disposal and Seller's return charge per truck for, (i) orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and. are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will. meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER. EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION'THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. TILE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in. accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from. coming into contact with any material., such as aluminum, which may adversely inipact Concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the of of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability., strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 1.1. Concrete will be hatched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR. ANY SPECIAL, INCIDFNTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDINQ WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER. BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. INNO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILY17Y FOR ANY CLAIMS WILL BE LIMITED TOTHE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 1.4. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, Ff.. 33441. 15. Severability. The unenforceability of any provision of this Contract will not affect the •mforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES. CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION O.R. INJURY. AVOID CONTACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SIIE ETS (MSDS) ARE, AVAILABLE AT WWW.TI'FANAMERICA.COM. Rev'd 2-08 x� r TITAN Materials for Life gMurete" "Thank you - We appreciate your business" /(,(O,l , 6>0 a:2> FORT PIERCE 4199 BELVITZ ROAD FT PIERCE, FL 34982 \3I LD/,VG' N Z MfM�E(� Ticket no. 286374 Delivery date Plant Truck �,, ,Driver , Truck size Type job �,>yl/2 �/ 14 E5i "a 1 llA GRENIER, PETER , �ZrN Irlt! YP i CELL. F7 customer nd)ID00127,ry j I customer nary e't•JEL_L SUBCONTRACTORS RS INC' zone Tax CD Tc Tarmac projCct� y,r 1 I Customer P.O. no. Order no. �w,y I Terms code {?Charge delivered 3-C.O.D. Time due j f 3 C-, ' 2-Charge F.O.B. 4-C.O.D -F.O.B. Delivery naR6-4nd a'ddr&s B HOUSE Lot Block County 191E PERFECT DRIVE, FORT ST LUCIE 1/95 �=OUTH TO ST. LUCIE WEST T/R TO Pl'Rr=ECT 7R, T /j_i�ILt. Instructions Slump 9. 54, Quantity' - _ { _ ; Product'. ; U/NII Iit price j .Amount Load j t7,GE.Pmulative ; 2,rds d 11t1 I.gSOq ,j' )( iDesc�r e1LgT, I-,-) L71 Mr—C CY I. !2!CA 80J!007 FUEL SURCHC LL 1, 00 814ItO:14 ENV I RON CURCHC L_D Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal Sales tax TOTAL Additional water :added to this concrete will reduce its strength. Any water added is at customer's risk. j�ZGallons of water added: -n � Gallons of water added: Gallons of water added: Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval: I Customer Apprbya1: Tested Tested properly No. Authorized d eIt b ❑ Yes ❑ No ❑ Yes ❑ No I 1904573 Ix a 'Safety is a constant state of mind, with ry employee feeling responsible I empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: r. Qdd'ress: Correct Not Correct rl IQTr1MGR r r)DV TITAN FLORIDA LLC TERMS AND CONDITIONS OF SA.Lf I . All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1 % 1011 proximo may be deducted if no previous balances are past due. Interest at the lesser of I lh% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local. sales and use taxes. in addition to any other available rights and remedies, Seller will be entitled to recover from_Buyer all. costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is I'h cubic yards. 4. Buyer will give Seller at least 48 hours prior flotice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer trust provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and hold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per trick for, (i) orders not cancelled at least one )sour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("AC'[") standards„when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seiler will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN TIIIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will. not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buy Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely iirrpact concrete strength. 10. Buyer will fttmish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 1.1. Concrete will be batched and delivered in accordance with ASTM C 94. Concrete temperature will be dictated by the eurironmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES .FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT., CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FI., 33441. 15. Severability. The unenforceability of any provision of this Contract will no' affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - iNJURiOUS TO EYES. CONTAINS PORTL,AND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IR.R.ITATION OR. INJURY, AVOID CONTACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITHWATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATE. WITH WATER AND GET" PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TIT'ANAMERICA.COM. Rev'd 2-08