HomeMy WebLinkAboutTitanConcrete 11-20<
I TAN "Thank you - We appreciate our "business"
k
Mater, als for Life' Ticket no.
'T i IERCE
-rete-
.o� 1 o r' mil.!/ 3' - ,����� -.� . -. � �
4.1.99 �),IMTTZ F;.one
Delivery date Plant Truck Driver Type job
1::. 1, C r V,:. Truck size UZ(A c I r: nryv
Customer no. customer name one Tax CD
T J,Z
Order d Time due
Customer project
us omer P.O. no. .3
Tarmac project no. Terms code 1-Charge delivered -C.O.D.
21,Charge F.O.B. A-C.O.D -F.O.B. 1 CAM
County
Delivery name and ad cress
I.K?
... E- ' ST 1 LODI I.H.
Instructions Z}P-To Slump
A
Quantity ? Product �-� u/M Unit price 1 Amount _
Load Cumulative 'Ordered Code Description
50 '15RI ME." '0. 11,55 141637 Cly
0 007 FUEL,
• J., 0 01 8 0 1::1qV:r (:)m
--1. GO a 0 0 121 6, I.J)
14 NOV 2 0 REUD
Li
Load :Arrive job site' Start discharge Fini n aiscnarge plant
Subtotal
42 Sales tax
41.
.
OL— TOTALV,
kdditional water added to this concrete -will redueei 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: orner Approval: Customer Approval:
Tested Tested' n p&Iy No. Authorized A. A k
an received y
Yes. No YeN 3904725 x/,-/ //,, Y
[I s-,-C] CJ b-',�N 1
8,a,tety is,.a constant state of mind., with,
employee feeling responsible
empowered to act to cause, himz
. "It I
and others to work safely, on,the belief
that all accidents are preventable and
that zero incidents is thd only goal. .
Lot:
Block:
Address: Correct
Not Correct
r-i ic-rr)hAmD rnDV
�ITAN FL®RII A LLC
;.
TERMS X DITIONS OF SALE F'
1. All sales will be subject to these terms and conditions ("Contrt.fj ;rf,buying on credit, to Buyer's credit agreement with Scaler, ncorl)oraz herein
1>y refci nee; all otj er terms, including any terms contained in,, uyet, s'purchase order, are excluded unless agreed to by Seller in writing. �, I%ychanges
must be in ,,vriung and signed by each party. This Contract will -be l be 00listnted in accordance with the laws of the state of Florida For all disptifes relating
to this Contract; kiyer hereby consents to the,jurisdiction and veTik'e of die state and federal courts for the location of the delivery site (�f.the goods so]
hereunder.
2. Payment terms: Net tlieHllast day of the month following the month of delivery, without deduction, retainage, set off or charge back, Al cash discount of
1 % 101h proximo maybe deducted if no previous balances are past due. Interest at the lesser of Ph% per month or the maximum rate all owed by law wil
be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable'k(ler al, state and local.
sales and use taxes. in addition to any other available rights and remedies, Seller will be entitled to recover f.'rom Buyer all costs of cofle otiox and litigation
including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the untj.11ed 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 out -Sid(
for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads, an additional charge will apply to loads of le
yards. The minimum load for each delivery is 1'k 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 ag
Seller and Buyer. Deliveries will be made to the best of Seller's ability.to dispatch, however, Byer waives any claims associated u
delivery. ,
5. Buyer must provide suitable approaches to delivery points beyond paved streets. For delivery bey ' ur lines, Buyer assumes all
to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indem ..d ' Seller harmless from n1,
all liability, loss and expense incurred as a result of such delivery, including but not limited to to s, except to the extent c,
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 t r' {i) prders net cancelled
prior to delivery time, (ii) concrete delivered due to Buyer's mistake or in excess of requirements' mete not deliverable c
approaches.
hours and
a en cubic
elayS in
damage'
t`wand ..
R orte a'i�t1� „+
unsuitable!
7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and." `:Q"tt Id "form tneasuremet or measured
"in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay aF yN � cide t inspection oz 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.pur6l) ller warrants that its 0roducts will meet,,
or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete tostrtut `. i") standards, when is steel in accordance'
with ASTM and evaluated byACI standards. Seller will repair or replace any goods supplied by Suer th ail to m-et this limited • lOianty, within obe'
year after delivery thereof'. Seller will uphold its warranty obligations under Florida statute 718.203,;is applicable. ALL C)T13ER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WIT14OUT LIMITATION THE WARRANTIES OF MERCHANT'ABILI:TY ANq FITN'ESS.F'O:R
A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FOKTIj:.,IN THIS SECTION 8 WILLA CON STITUTE
TI1E SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. gee
9. Seller will not be responsible for sltmtp, strength or quality of any concrete to which'water or other maternal has been added by o• b�ha1F of BA
Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no ccrnttolil a the placing or
handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer wi13 be-esp(lnsible to prevent concrete after
unloading from coming into contact with any material, such as aluminum, which may adversely impact conch rtt"t.
10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Se11'e' in t etpace. Buyer willPAotely respon-
sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be r 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 Aal ingredient charge payable by Buyer.
11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be'dicf `#> ; °ie environmental and material condi-
tions at the time of delivery. Any requirement beyond these conditions will require the implementation'gf cl)titrolled measures during production at the
expense of Buyer.
12. Buyer must give Seiler written notice within 48 hours after delivery of any claim against Seller as a result Arly alleged nonconforming materials or any
other cause whatsoever ( other than failure to meet compressive strength, in which event the time for notict 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 opportar ty to investigate all claims. Any failure by
Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by gR!QI;o fhl'ff -such claims against Seller.
�..
13. SELLER WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CO]`�SFQUFNT f.4
DAMAGES INCLUDING, WITHOUT LIMITATiON, ANY DAMAGES RELATED TO DELAY, WHETHER. BASED ON ST�ITUTE,, ,�C���' .
CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY ORTAULT:- II,'%C
EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR ]'HE •FAILURE OF BUYER TO COMrpt:
WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TOTHE PURCHASE PRICE OFTHE HE GOODS s ,
UNDER TI IIS CONTRACT.
Votice. ALI 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.
arability. The unenforceability orally provision of this Contract will not affect the enforceability pf any other provision of this Contract, and each --
r provision of this Contract will be severable and enforceable to the extent permitted by law.
WARNING• CAUSES SKIN IRRITATION -INJURIOUS TO EYES
'S PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IR.R.ITATION OR INJURY. AVOiD CONTACT WITH SKiN
IJSSiBLF.. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE.. IMMEDIATE:
ER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN.
MATERIAL SAFETY DATA SIIEETS (MSDS) ARE AVAILABLE AT WW W: rll'ANAiiMERICA.COM.
iti
�� TITAN
CONCRETE
Materials for Life"
-,� gi"creteo
"Thank you -,We appreciate your business"
FORT PIERCE
FT PIERCE, FL 34982
Ticket no.
286: 453
Delivery date Plant Truck J
Driver 4' Truck size Type job
S i .: i ; F a. fy: ��t 'T-1 �vi i �' 3 � mot ._%.3 C"i§.i?�}s= rd "''{sii i
Customer no. Customer name Zone Tax CD
. r
I
r l:ll a,=r: ��7 I �; '>_.t . �.i c�, �Jrrr•�ai,-roRrn Tl,lr., -r r
ITarmac project no. Customer P.O. no. Order no. Terms code t-Charge delivered 3-C.O.D. Time due
440,918 I 1_ r I , 2jCharge F.O.B. 4C.O.D -F.O.B. Ira
Delivery name and address Lot Block County
4
PGA CLUB HOUSE
1916 PERFECT DR.T�QE, PORT ST L UCIE
Instructions I!7`ai aUll "hi TC GT, LlJC ZE L!C mil', Tli:R 7.0 PERFECT DR, T)1. TO END slump
Quantity _
Cumulative Ordered Code Description, k ^�
1100 BG:IL•?107 FUEL _SLJRCHG LD
I Clio 80(1014 ElklV`TRON SURCHG LD
f.r
Load Arrive job site .Start discharge: Finish discharge Leave job site Arrive plant
Subtotal
(�7 Sales tax
TOTALL/
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: Custom ar_Approval:--"------ __
I Tested Tested J `"
properly No. � �liithorized-ancj.recaive\d by ,ice
❑ Yes ❑' No ❑ Yes ❑ No I 6204652
Safety is a constant state of mind, with
every employee feeling responsible
empowered to act to cause him
and others to work safely, on the belie_ f
that all accidents.are preventable and
that zero incidents is the only goal.
r
Lot:
Block: .
Address: Correct
Not Co
(:I ICT0KAFR r%r)PV
TITAN FLORIDA LLC
TERMS AND CONDITIONS OF SALE
1. All sales will be subject to these terms and conditions ("Contract") and, if buyhlg on credit, to Buyer's credit agreement with Seller, incorporated herein
by reference; all other terns, 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
f
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 discour
I % 10"' proximo may be deducted if no previous balances are past due. Interest at the lesser of P/z% per month or the maximum rate allowed by law wiH
be imposed on outstanding and delinquent invoices frorn 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 tire 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 to be purchased. Seiler warrants that its products will meet
or exceed applicable American Society for "Testing Materials ("ASTM") and American Concrete Institute ("ACT") standards, when tested in accordance
with ASTM and evaluated by ACT 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 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 Bu,
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 m,,,
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 wilt 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.
SELLER WILL NOT BE LIABLE UNDER ANY CIR.CUMS'TANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WiIETHER BASED ON STATUTE, TORT,
CONTRACT, OR OTHERWISE, AND WHETHER OR,NOT ARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO
EVENTWILL 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
,iNDER THIS CONTRACT.
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,
eld Beach, FL 33441.
The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each
on of this Contract will be severable and enforceable to the extent permitted by law.
WARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES.
tND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION OR INJURY. AVOID CONTACT WITH SKIN
WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO TL-IE EYE, RINSE IMMEDIATF1V
GETPROMPT MEDICAL AI'TEN'I'ION. KEEP OUT OF REACH OF CHILDREN
MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT W WW.TITANAMERICA.COM.
1
Ci�Ii�ICRE"�IE
Materials for Life"
h
groncrett
"Thank you - We'appreciate your business"
FORT P,I'ETIC
4199 SSEL,,J I ` 2 ROAD
FT P T E RGf, FL. 34962
��gUlLp�hc
� o
� G
U' Z
N ^
M£M BEEI
Ticket no.
286452
Delivery date Plant Truck Truck size Type job
1i�s/31,�-1 , C-12� 1:. f[Driver
4 GILCHRICT, DUANE 1.1. �iI SLAB 01l
Customer no. -^'
Customer name
Zone
Tax CD
900ic 2747
SHELL SUBCONTRACTORS I1dC
Tarmac project no.
Customer P.O. no.
Order no.
Terms code teCharge delivered a-C.O.D.
Time due
I 8
I
aQ
' 2 Charge F.0.6. 4-C.O.D -F.O.B.
06 ;42
Delivery name and address
Lot
Block
County
PGA CLUB . HOUS
1916 PERFECT DRIVE, PORT' 8T LUC I E.
Instructions i/r; LjT'i i TO ST. L..UCIE WEST, T/ R TO PERFECT DR, T/L_ TO ENDa
slump
a. 0124
Quantity
Protluct `"
U/M,
Unit price 14r
ounn t
Load
Cumulative .,.
Ordered
Code
•Description
i .
017I 111.
171 1
, 00
l ,`j.-35rls r-• #-57 i-1C1 _ WEa .
CY
>itr007
i=FiEL SURCHO
LD
- I.
Cori
p -
80�
0 14 E Nii I FtLiN SLjRCNC''
L_D
Load
Arrive job site
Start discharge
Finish discharge
Leave job site
Arrive plant
7-9
Subtotal'
Sales taxi
TOTAL'.
Additional water added to this concrete will reduce -its strength. Any water added is at customer's risk.
Gallons of water added: 1 Gallons of water added: n Gallons of. water added: �� Amt of CY Retained:
Customer Approval: Customer Approval: Customer Approval: I--Customer-Approual:
Tested / Tested properly No. Au�thpjj-zzeed.and-received'
❑ YeYesQ"No ❑ Yes ❑ No I 0 4 1 1 �I1 �e by
Safety is a constant state of mind, with
every employee feeling responsible
J,'empowered to act to cause him
and others to work safely, on the belief
.,'that all accid0ts are preventable and
that zero.incidents is the only goal.
w:
Lot: —
Block:
Address: Correct
1�
(`I ICTMACD rV1DV
Not Correct
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 ofth, 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 discoun
I % 101 proximo may be deducted if no previous balances are past due. Interest at the lesser of 1'h% per month or the maxiluLdn rate allowed by law _ —
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 reco, Qt from. Buyer all. costs of collection and litigation
including, but not limited to, reasonable ai'omcn s' 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 Buy-r &`d'alt of any Contr��ct 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 winnot be deemed a waiver of any such right.
3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Nlonday througli l riday. An additional charge may be added for deliveries outside of these hours and
for any waiting/unloading periwls 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 fr r each delivery is. 11h 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 Warratrty: 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 In. stitute ("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. 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 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 of
unloading from. corning into contact with any material., such as aluminum, which may adversely i.rnpact 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 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.
1.3. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, iNCiDENTA.L, PUNITIVE OR CONSEQUENTIAL
DAMAGES MCLUDINQ 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 TIIE FAILURE OF BUYER TO COMPLY
WITH as OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO TIIE 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.
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 - INJURIOUS TO EYES.
CONTAINS PORTLAND CEMENT. FRESHLYMIXED 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.TITANAMERtCA.COM.
Rev'd 2-08
'TITi�N �`f "Thank u - We appreciate our business"oCONCRETE "- Materials for Life
IMncretd' FORT PIERCE
4199 d V I T Z NOAD
FT PIERQE FL. 34-982
1 ,
��gUILD�NC
� O
Z
N n
MEMBER
Ticket no.
286451
Delivery date Plant Truck Driver . r Truck size Type job
i tih ! 1 ! 9.4. . = R 1 t�el.0 7l� T I . T i�GK T r�I-iAF f7T 1 �. ct"Y(i i._ �GR f11N
no.
Customer name
Zone
Tax CD
ICustomer
900024T
I HELL:-SUR-C:ONTREICTORS INC
re
Tarmac project no.
Customer P.O. no.
Order no:
Terms code 1-charge delivered 3-COD.
Time due
I '440918
I
1,,; E3,3,,`
I '�•ChargeF.O.B. 4-C.O.D-F.O.B.
0 n 25
Delivery name and address
Lot
Block
County
PGA CLUB HOUSE
9.91E PERFECT DRIVE, PORT ST LUCIE
Instructions I/S5: 1§001- i TO ST. LUCIE inj1 r-,T;, T/R TO PERFECT iDR, T/i._ TO END. slump
s. r_hf2
Quantity
Rroduct ;
UIM
Unit price'Amount
Load e,
Cumulative Ordered Code-^� Description-`
1 1 r
(110 .. 0. 4-,1 [! . i iv ; r i _ _ . ! wS , is ' #; sT 14(3— Alr ,-'
CY
1100
&X Ii"c1tE',1.7 FUEL SURCHO �,
LD
1 �
r" 0 SIrtt: O 14 ENV I RC1N SURCH(k
t_.D
�d s✓
1�
C-e.A
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: Gallons of water added: Gallons of water added: Amt of CY Retained:
z
Customer Approval: Customer Approval: Customer Approval: Customer Approval:
Tested Tested properly I No. /j Authorized and received by
❑ es ❑ No ❑ Yes ❑ No ` i' �( t v U,
Safety is a constant state of mind, with
every employee feeling responsible
J 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
r:l I.qTr)KAFR r'r)PV
TITAN FLORIDA LLC
TERMS AND CONDITIONS OF SALE
1. All sales will be subject to these terms and conditions ("Contract") and, it' buying on credit, to Buyer's credit agreement with Seller, incorporated herein
by reference; all other teens, including any terns 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 relatiflg
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 discoun
1 % 101" proximo may be deducted if no previous balances are past due. Interest at the lesser of P/2% per month or the maximum rate allowed by law w .,
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 reserv; 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 Contrapt 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 I1h 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 "firm measurement" or treasured
"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 MERCHA.NTABTLITY 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 Bu)---
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 of
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 orwater/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, WHET14ER 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 `1'O 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, 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 - 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 INTO THE EYE, RINSE IMMEDIATELY
WITH WATER AND GET PROMPT MEDICAL AI'7 LNTION. KEEP OUT OF REACH OF CHILDREN.
MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TITANAM.ERICA.COM.
Rev'd 2-08
- 4 ' ..:,
-s
TITAN(
C413NCRIETE ..Thank you - We appreciate,your business"
Materials for LiW
Ir creW
0 Ticket no.
FORT P1F.,Rcr-.-
4199's,.ELvxTz ROAD
FT ERCE FL 14982
Delivery -date
Plant Truck [Driver k,. Truck size JTypejob
IVII/31/14 14 3 HP)TCkER SR. JESS,111: 1.
1". Or, i SLAB or,
0
Z
customer no.
Customer name
I
zone
Tax CD
90101712747
SHELL SUBC ACYCAS lNr�.
ONTR'
T
Tarmac project no.
customer P.O. n
0,p
er�no.
Terms code 1-Charge, D.
deliver��'3-C.0'
Time due
I
-- ------ -
f
*Charge'F.O.B. 4-C.O.D -M.B.
06 1'
Delivery name and address Lot Block County
r P13P) CLUrA HOUSE
191PO FORT, ,S T 6 PERFECT DRIVE, LUC I E.
Instructions 1/95 T-;(31JTIA TO ST. LUCIE WEST, T/RT0.PERFECTDFa, t,/L TO END.
Slump.
5. L7j Q
`Quantity W
Product
Load
Cumblative Ordered C6dN Description
00 71 -�qw li�3k�,
9,. 12% obt Z-j -,I b500 1#57 ['40 A E4--�,
k
Cy
1
I
17-10 igOG007 FUEL SURCIFIG
LD
I c
OL71 M 10 14 ENV I RON SURCH13
LT}
r
tit
Load
Arrive job site Start discharge Finish discharge Leave job site Arrive plant
Subtotal
Sales tax
TOTAL
Addition
al water added to this concrete will reduce its strength. Any water added is at customer's risk.
Gallons of water added: � �_`Glllons of water added: Gallons of water added: Amt of CY Retained:
Customer Approval: _X"I qvstomerApproval'- Customer Approval: - Customer Approval:
Tested tested properly No. Authorizeand received by
Yes LD;Iq-o LJ Yes LJ No 44 X
Lot:
'-.,'Safety is.a constant state of mind, with
-'every employee feeling responsible Block:
.1, empowered to actto cause him Address: Correct Not Correct
J others,tp'work safely, on the belief
that all accidents are preventable and
that zero incidents is the only goal.
r1i 10'r^RAMM
TITAN FLORIDA LLC
TERMS AND CONDITIONS OF SALE /
1. All sales will be subject to th,,>;c terms ,Ind 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 writif g. Any changes
must be in writing and signed by each par+y. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating
to this Contract, Buyer hereby : onscnt s i , the jurisdictio;, and venue of the state and federal courts for the location of the delivery site of the goods sold'
herer,a,!er.
Pa-; rnent te;tns: Net the last day of tr• m, nth following the month.of delivery, without deduction, retainage, setoff or charge backs. A cash discount o:
1 ° . proxhilo maybe deducted if nu ;,,-w ious balances are past due. Interest at the lesser of I'h% per nionth or the maximum rate allowed bylaw wil
be , ,,posed on outstandingInd del.inqu. of invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local
s„ i..�s and use taxes. In addition to any other available rights +t• l ; middies, Sellerwill be entitled to recover from. Buyer all costs of collection and litigation
i� . iuding, but not limited to, reasonable attor ieys' fees. S,•' - - %es tie right to require payments in advance or to cancel the unfilled portion of this
et. -act v, •,hout notice in the event of Buyer d.�rault of:-, -i provisions, or if the financial status of Buyer becomes impaired or deemed unsat-
;aor; Seller. Failure of Seller to exercise a.iy of ik : ill not be deemed a waiver of any such right.
3. R2 gular (!ciive-y hours are 7:00 a.m. - 5:00 p.m., Vonday through Friday. An additional charge may be added for deliveries outside of these hours and
Tee any wayti,- /1,nloading periods in excess of 60 mira w,:. Prices arr. based on full loads; an additional charge will apply to loads of less than seven cubic
yard-. The minii.-Rdm load for each delivery is 1'k cubic, .7ard<•
4. Buyer will give Seller at least 48 hours prior notice of the kr , a.,d rate o_frequested deliveries. Delivery schedules will be mutually agreed upon between
c wller and Buyer. Deliveries will be made to the best or Sciier s ability to dispatch, however, Buyer waives any claims associated with any delays in
delivery. ' �' -
5. Buyer must provide suitable approaches to delivery pmnt, ;^.%find paved streets. For delivery b(. � Ines, Buyer assumes all liability for damage
to vehicles, sidewalks, driveways, pipes, septic tanks, ant'.fnr othez- property, Prod Buyer will indemnify and hold Seller harmless from and againsLany and -
all liability, loss and expense incurred as a result o) ;nch delivei', includi ft but not limited to towing charges, except to the extent caused by Seller's L
gross negligence or willful misconduct. Buyer wtuv.-, any ri', t o , b 714tion against Seller.
6. Buyer is responsible for fill] payment of, including al! cuss_ ol; di. grid/Seller's return charge per truck. for, (i) orders not cancelled at least one hour
prior to delivery time: (ii) concrete deliverer) sue to 3z ,. 3' e or in excess of requirements; (iii) concrete not deliverable due to unsuitable
approaches.
7. Concrete prices and quantities are based Ur.. L'at voicnie at the time of discharge from the truck, and are not sold "form measurement" or measured
"ill place". Yield will be establish 1 in .,i; : e 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 re so. >h,1'or determining the type and quantity of goods to be purchased. Seller warrants that its products will meet
or exceed applicable Americ m Societ, ,r Testing Materials ("ASTM") and American Concrete Institute.("ACi") standards, when tested in accordance
with ASTM and ;valuatcd 1 v AC; smx� xds. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within'one
::; year after delivery thereof. Sellcr ?'i uphold its xarranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, _
WHET) ~':-iI EXPRESS OR IMPI IE1J- INC'LUM NO WITHOUT LIMITATION THE WARRANTIES OF MER.CHANTABILITYANL? FITNESS FOR
A PARTICULAR PURPOSE, ARF, HERIM-e EXPRESSLY EXCI.,UDED. TfIE REMEDY SET FORTII IN Tins SECTION 8 WILL CONSTITUTE
'TILE SOLE REINIEDY OF BUYER CINDER Ti-i1S LIMITED WARRANTY.
9. Seller will not bL 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 ree that the concrete is handled in accordance with best construction practices. Seller has no control over the placing (
ha-ndim: of concrcie ai:.er iwn o ding and does not guarantee the finished work in which it is UWd. Bayer will be responsible to prevent concrete aft(
n•,i.oul1J1g from roming k1tc W•.tact 1r. ith any material, such as aluminum, which may adversely impact concrete strength.\�
10, Buyer will furnish any rdrr�i,.oires or ingrr ients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon-
sible for the effect o ;t.ch adrrixtuF j • ingredients on the concrete. Any extra product which may �be,required in excess of the mix design quoted, or
which may be rocilih-ed to T)-� ,;dc w, rkability, strength, setting time or water/ccment ratio w(ll resuh in A,additibwl ingr�edieut charge payable by Buyer.11. Concrete will be batehed and uelivered 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 ddntrolled measures during production at the
expense of Buyer.
12. Buyer must give Seller writton notice within 48 hours after delivery of any chrin>.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 f'or 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 io give written notice YN ithin such 48 hour period will be deemed a oanclusive waiver by Buyer of all such claims against Seller.
13. SEt.t,1 1; ',b'[L1. NOT BE LIABLE, U` ',)F,R ANY CIRCUMSTANCES FOR ANY SPECiAL, iNCiDENTAt,, PUNITIVE OR CONSEQUENTIAL
DAtVi,'`.;r:'.S INCLUDING; WiTHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHF,TI-TAR ,BASED ON STATUTE, TORT,
CON i RAC'T, OR OTHERWISE, AND WHETHER OR NOTARISING FROM -SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO
EVEN r WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THEACTIONS OF OTHERS Ok TI1E FAILURE OF BUYER TO COMPLY
WITH ITS OBLIGNFIONS. SELLF<,'S LIABILITY FORANY CLAIMS WILL BE LIMITED'TO THE PURCHASE PRICE OF'THE GOODS SOLD
UNDER THIS CONTRACT.
14. Notice, A9 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.
i 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 eKli �n�t permitted by law. _ 9
WARNING: _CAUSES SKIN IRRITATION - iNJURIOUS 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 ' `,HE EYE, RiNSIMeMMEDIATEhY
WITH WATER AND GET PROMPT MEDIC ,L. ATTENTION. KEEP OUT OF REACIi OF CHILDREN. T, ,
MATERiAL SAFETY 9A'I'A SKEET'S (MSDS) ARE AVAILABLE AT WW W.'TiTANA1VIERiCA:COM.
Rev'd 2-08 --
J
` M c
y°
'-�� COPICRETE
Materials for Life"
I
gMncreti
"Thank you;= We�,appreciate your business"
`F Ticket no.
�co
-,
��zEi�cE. l�ou- va�3
lyi'1� SELV'ITZ ROAD 26 449
�= T PIERCEj) FL _ 34'b82
Delivery date Plant Truck Driver Truck size Type job
1.1 +/ 1 / 1. 4 62 : ` 9.131 k, i?CF'.F.sd I�r UC�L.Fi�; 1 J. „ t7J4 I SLATA (3t
no. Customer name Zone Tax CD
ICustomer
90002747 I SHELL Tf
projec6o.
Customer P.O. no.
Ordermo. _
Terms code.-t-CFiarge delivered 3-C o.D.
Time due
ITarmac
f! �t ► '71
I
2 M , `�
�. ' 2LCharge F.0.6. 4C.O.D -F.O.B.
j 5 o c �
Delivery name and address
Lot
Block '
County
PGA CLUB HOUSE
1916 PERFECT DRIVE, PORT ST L OC'7F_ �
Instructions 1/95 SOUTH 'TO ST. LUCIE NEST, T /R TO PERF'E.CT-"DR!J`T/•L To ENID.
slump
,
`
5. (M
Quantity . I
Product ' r
v
Unit price
Amount
Load
Cumulative
Ordered
'Code t _
Description
1 1.
00
8. 00 120
VIO -- —CJ fi
ii"5R3J.,35I,7J0 #57 NO'AE
C`f
u
0121
80
n007 FUELSURt1'HU
1.
lZio
804
i014 ENV I ROi 11.*LIRfa!-iC; o.
I_I} -
CIO
�b
� >
4+ 1
seq
_
Load
Arrive job site
Start discharge
Finish discharge
Leave job site
Arrive.plaht
Subtotal
"lllfff
Sales tax
r�
�`
TOTAL
Additional waterlad/d'e'jd%to this concrete will reduce its strength. Any water added is at customer's risk.
Gallons of water arrdded 1 Gallons of water added: Gallons of water added: Amt of CY Retained:
Customer Approva)a V Customer Approval: Customer Approval: I Customer Approval:
Tested Tested properly No. Authorized and received by
� �y
❑ Yes ❑ No ❑ Yes ' ❑ No 690,4648 X -
Safety is, a constant state of mind, with
every employee feeling responsible
id..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: Y Correct Not Correct
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 terns 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 relatuig
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, wit .out deduction, retainage, set off or charge bac)fs. A cash discotm
I % 10" proximo may be deducted if no previous balances are past due. Interest at' ne lesser of F/x% per month or the maximum rate allowed by law win
be imposed on outstanding and delinquent invoices from the date of delivery unA.il 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 a ill 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'/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
dflivery.
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 d'elivery, 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 F117NESS 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 Buy
Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seiler 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 aft_.
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 I'or 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, WiTHOUI LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STAI'UTE, 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 T14E 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. Noticc. 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 ofthis Contract will be severable and enforceable to.the extent permitted by law.
WARNING: CAUSES SKfN 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 INTO THE EYE, RINSE IMMEDIATELY
WITH WATER AND GE7' PROMPT' MEDICALATT'EN"PION. KEEP OUT OF REACH OF CHILDREN.
MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWAV.TITANAMERICA.COM.
Rued 2-08 . ee
'e-1
��.o' TITAN
C—CONCRIETIE "Thank you - We appreciate,your business"
Materials for Life'
! ! 7 Ticket no.
CO)
grMadd F02RT P-1ERC.1
4199 '�- E L V 1,f'. Z R0 A D 286448
FT PIEIRCE,' FL 34982
Delivery date ant Truck Truck size TypejobDriver r"
10/3- i/14 1PI -4 SALTER. L(1WRENICE 11.,011 SLAB OIN
Customer no. Customer name Zone Tax CD
-9 0 C 10; 27 4 7 I SHELL 'SUBCONTRACTORS 119C T
Tarmac project no. customer P.O. no. Order no. Terms code 1-Charge delivered Time due
3-C.O.D.
1-383 7' ,Charge F.O.B. 4-C.O.D-FO.B. 05 -.37
Delivery name and address Lot Block County
PGR CLUB HOUS11,
IJ16 PErRFECT. DIVE, PORT 9T LUCIE
Instructions 1/95 SOUTH TO-ST. LUCIE WEST, T/R TO PERFECT DR. T/L, TO END.' Slump
'.I V
Pro
/mllUnit price Amount
I 1 4 v'r, --- antiiia i Orriarpei r F—i. I I
I I Q) lZI 00 120 00
1 00 -
11 001
A #57 11,3G,AE
60%007 FUEL SURCHG ;
800014 ENVIRON SURCHO
Load �Eiive 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: Gallons of water added:,_ Gallons of water added: Amt of CY Retained:
Customer Approval: f Customer Approval: Customer Approval: Customer Approval:
Tested propefly Te!�X,ecl LDNo.
/' as
Authorized d received by
"0 4 6 4 7,
L'Yes ❑e'N(J o U Yes ❑ No X
+
-.-Safety is a constant state of mind, with
every. employee feeling responsible
empowered to act to cause him
others to work safely, on the belief
that all accidents are preventable and
.that'zero incidents is the only goal.
I %J
Block:
Address: Correct Not Correct
^I lel-rt-%R Arn
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 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, retamage, set off or charge backs. A cash discount i
1% 10" proximo may be deducted if no previous balances are past due. Interest at the lesser of Pk% per month or the maximum rate allowed by law wi
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 ii +t be deemed a waiver of any such right.
3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through FridflJy. 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 11h 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 liniited 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 ("AC i") standards, when tested in accordance
with ASTM and evaluated by AC'I 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 TILE WARRANTIES OF MERCHANTABILITYAND FITNESS FOR
A PARTICULAR PURPOSE, ARE IIEREBY EXPRESSLY EXCLUDED. TILE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE
THE SOLE REMEDY OF BUYER UNDER TIiIS 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
handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete of
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 trust 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. SF,IA.,F,R WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CbNSEQUENTiAL
DAMAGES INC'L.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 FAuu. IN NO
EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO TILEACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY
WI"l'II ITS OBLIGAI'IONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO T HE PURCHASE PRICE OF TINE 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.
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.
"'ARISING: CAUSES SKiN TRRiTXrION - iN.IURIOUS TO EYES.
CONTAINS PORTLAND CEMENT. FRESHI:Y 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 IMMEDIATF.,I.Y
WiTH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN.
MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE Xr WWW.TITANA:I9ERiCA.COM.
w /
Rev'd 2-08 i
o
TITAN _K�
Materials for Life'
g Crete
"Thank you - We appreciate your business"
Ticket no.
I' OY 0-/
-,q q— PAW FORT PIERCE
4199 SELVITZ-' R6PD 286446
I 981D
FT P-IERCE, FLIII.�t+ I-
Delivey date Plant Truck LI L.CHRIST, DUO-!'iver 0 11( — 010 Truck size Type job
1121/31 4 &�8 3 4 0- 1 I I 1 1711 B 01)
Customer no., I customer name one Tax CD
DIZ1002747 SHEL.L SUBC'ONTRACT'ORS INC Tz:
Tarmac project no., I Customer P.O. no. Order no. I Terms code I -Charge delivered 3-C.O.D. Time due
440918 1 Is 8 211 ACharge F0.13. 4-C.0.13 -F.O.B. L71Tf 12)L3
Delivery name and address Lot Block County
PGA CLUB HOUSE
1916 PERFECT DRIVE, PORT ST LUCIE
Insiructions 1/95 SOUTH TO ST. LUCTE WEST, T/R TO PERFECT DR, T/L. TO END. Slump
5. 13,12
i 1-t Fnk price Jimodnii
777- 771
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: — Gallons of wateradded: Gallons of water added-- Amt of CY Retained:
Customer Approva I: Customer Approval: Customer ApprovaT: I— — o—rn cust-w-Appxoval:
Authorize an receive
❑
Tested Tested properly No. d d receive
Yes ILf No (J Yes IJ No I 390045 Ix
Safety is a constant state of mind, with
-very employee feeling responsible
1.
.nd 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 onlytgoal.,,
Lot:
Block:
Address: Correct Not Correct
1n1 10-rnRACM f-nMV.
TERMS AND CONDITIONS OF SALE
L All sales will be subiect 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 discowl:
I % 10" 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 froirjkhe date of delivery until paid. Buyer will pay to Seller all. applicable federal, state and local.
sales and use taxes. In addition toniny other available righ' s 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 cx default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat-
isfactoryto Seller. Failure of Scll,�,r io exeicisc any of its rights will not be deemed a waiver of any such right.
3. Regular delivery hours are 7:00_ni: - 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 loadfor cac- 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 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; (iji) 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 Sociely.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,
WHET HER OR IMPLIED, INCLUDING WITI IOUT LIMITATION THE WARRANTIES TIES OF MERCHANTABILITYANID FITNESS FOR
A PARI'ICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED.THE REMEDY SET FOICf'II INThis SECTION 8 WILL CONSTITUTE
TI IE SOLE REMEDY OF BUYER UNDERTHIS LIMITED WARRANTY.
9. Seller will not be responsible for slunip, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyc
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 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.
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, INCJDENTA[.., PUNITIVE OR CONSEQUENTfAl,
DAMAGES INCLUDENQ WITHOUT LTMITATION, 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 TILE FAILURE OF BUYER TO COMPLY
WITH rrs OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TOTHE PURCHASE PRICE OFTI IE GOODS SOLD
UNDERTHIS 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, Ff... 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 - INJURIOUS TQ 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 DA`IA SHEETS (MSDS) ARE, AVAILABLE AT WWW.TITANANIEFI-', .COM.
Rijv'd 2-08
145Z
TIMAN
C40MCRIETE
Materials for Life"
g crete,
-J
"Thank you - We appreciate your business"
4
71
FORT PIERCE
4199`SELYITZ, ROAD
FT PJERCE, FL 34982
LDI
C
Ticket no.
266447
Delivery date 1q, v�,=. &01�
Plant Truck J '1, 3 Truck size Type job
Driver
-FIE1 -OPERE'l
J.0/31/14 628 .1. "iING _.D. 0 11.0(
Customer no.
Customer name
Zone
Tax CD
90,1102747
SHELL SUBCONTRAC7bRS INC
T=E
Tarmac project no.
Customer P.O. no.
Order no.
Terms code 1-Charge delivered 3-C.O.D.
Time due
440916
LglCharge F0.13. 4-C.0.1) -FO.B.
05.-23
Delivery name and address
Lot
Block
County
P G A CL U T4 HOUSE
1916 PERFECT DRIVE, PORT ST LUCIE
Instructions- 1/95 SOUTH TO ST. LUCIE WESTqT/R TO PERFECT DR7T/L TO END.
Slump
5, QIQ
7,
Nm
I F
�Mufit
,Load
Cumulative
Ordered
Code`
Description
I-1 7�
1.L
6. 00 12Q1,
00 CrA,
- -
057 NO AE
I
Y
11.1
00
80i,1007L
FUEL. SURCH13;
LIB
IM0
&W
Q1. 4 ENVIRON SURCH03,
LD
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:- Gallons of water added: Gallons of water added: Amt of CY Retained:
CustomerApproval: Customer Approval: Customer Approval, I Customer Approval:
' Tested Tested properly, No. I Authoriled a rec, ed by
CROS U No LJ Yes LJ No 69,04646 1. 7 4' 1V,7YYJ,
Safety is a constant state of 'mind, With
every employee feeling responsible
d empowered to act to cause him
(-and others to work safely,
ly, on the belief
that - all accidents are preventable and
that z.ero,incide'nts is,the only.-J,dal.
k'
Lot:
Block:
Address: Correct Not Correct
r'l I(ZTr)KAI=P rr)PV
TITAN FLORIDA LLC
TERMS AND CONDITIONS OF SALE
1. All saps 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; 11 other terms, including arry terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any Changes
must reference;
and . signed by each party. This Contract will be construed in accordance with the laws..Of the state of Florida. For all. disputes relatihg
tothis , rnl ontract, Buyer hereby consents to the jurisdiction and'vee of the state and federal courts for the location of the delivery site of the goods sold
hereunler, / 4*1
2. Payment terms: Net the last day of the month following the ni.lth of delivery, without deduction, retainage, set off or charge backs. A cash discouni
I % I Ot" pr?.ximo may be deducted if no previous balances are "past due. Interest at the lesser of I 'M/o per month or the maximum .rate allowed by law wni
be impos6d on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local
sales andruse 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
Contrict without notice in the event of Buyer defauit 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 mid
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 1h cubic yards.
4. Buyer will give Seller at least 48 hours prior notice of the time and rate' Nv),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 for9damage
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 ftill 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 ORIMPLIED, INCLUDING WITHOUTLIMI-FATIONTHE WARRANTIES OF MERCIIANTABILITY AND F1,17NESS 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 inaterial has been added by or on behalf ofBuy
Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing
handing of concrete after unloading and does not guarantee the finished work. in which it is used. Buyer will be responsible to prevent concrete af,-.
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 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, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, Towr,
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 THEACTIONS 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, 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 - INJURIOUS TO EYES.
CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION OR INJURY. AVOID CONTACT WITH SKIN
WHERE POSSIBLE. NNIASI I EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY
wriii WATER AND GET PROMPT MEDICAL ATTENTION. KEEP our OF REACH OF CHILDREN.
MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TITANAMERICA.COM.
Pev'd 2-08
`y
TITAN
// CONCRETE,
s Materials for Life®
grMadd
"Thank you - We appreciate your business"
Delivery date Plant Truck
i� of
FORT PIERbEr a'
41.99 SE LV � TZ ROAD
'Z
Driver r Truck size Type job
I
14- .0 �, �' j .. T j��,j{ i R E�LiR- P-RT I � 1 . tZ�Lll 51_(�tB C�h
I Customer, no.
Customer name . !!
Zone
Tax CD
9172-1f_0-:8.4 77
SHELL. SURC.;C3NTRAGTORS INC
Tx
I Tarmac project no.
Customer P.O. no.
Order no. %,
Terms code 1-Charge deliJered 3-C.O.D.
Time due /
ZFdS► 91. 8
I
1 �83
I ' kLCharge F.O.B. 4C.O.D -F.O.B.
�'%i 14'-. j22
Delivery name and address J
Lot
Block
County
1916 PERFECT DRIVE, 1:-IORT 7T LL'CIE
,
Instructions, I /9; � SOUTH TO ST„ LUCIE WESTg T1 R.' TO PERFECT DR, T/L TO END.
slump
J.
Quantity
Product `
uYM
Unit j Amount
price:
Load r
h
Cumulative
Ordered
Code -
'
Description
11. ,
17410 44,,
00 120,00
C C-3i
V� ri 3 i 3500 # 5i
CY
1. a
0121
80(
16217 FUEL SURCHG
LD
_ 1. •
00
80
MIS 1: t.F ):-NV I RON SURCHGO
!_I}
1
�
'a6
C'ry
.Load '
Arrv-e�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: Gallons of water added:, Gallons of water added: I Amt of CY Retained:
Customer Approval: Customer Approval: 9 Customer Approval: Customer Approval:
Tested Tested properly No, ' Authorized and received by
❑ Yes ❑ No ❑ Yes ❑ No 60464 X
I Lot:
Safety is a constant state of mind, with
--ery employee feeling responsible
►d 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.
Block:
Address: Correct Not Correct
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 changps
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 relatrng
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 discourn
10/, 101 proximo may be deducted if no previous balances are past due. Interest at the lesser of P/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 rovisions, or if the financial status of Buyer becomes impaired or deemed unsat-
isfactory to Seller. Failure of Seller to exercise any of its rights willm t be deemed a waiver of any such right.
3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through 'ridgy. An additional charge may be added for deliveries outside of these hours and
for any waiting/unloading periods in excess of 60 minutes. Prices a ,based on full loads; an additional. charge will apply to loads of less than seven cubic
yards. The minimum load for each delivery is P12.. 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 indenuni fy aid 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 tnsuitable
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,
WI -TETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TI IE WARRANTIES OF MERCHANTABILITYAND 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 Buyi
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 fi•om 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 Z'WV.SEQUENTIAL
DAMAGES iNC:LUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WiIETHER BASED ON STATUTE, TORT,
CONTRACT, OR OTHERWISE, AND WHETHER OR NOT ARISING FROM SELLER'S NEGLIGENCE, STRICTLIABILITY OR FAUUr. 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 Ti4E 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, 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 - INJURIOUS TO EYES. -
CONI'AINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKiN IRRITATION OR INJURY. AVOID CONT'ACT`MTH 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 W WW.TITANAMERICA.COM.
Rev'd 2-08
TITAN
CONCRETE
Materials for Life'
gr*Acretd
Delivery date Plant
• y
Thank you -We appregat ourrb.4si'ness
1.'
Ticket no. l
FORT PIERCE
4199 SErLV I TZ OAD 218E/1•4 4
FT PIERCE, FL3-4982
Truck Driver ( Truck size Type job C
HATCHER •`JR4 TESSIff 11. �(I SU-AB OV
ICustomer no. Customer name NZone Tax CD
917!Ci02747 I SHELL SUBt�ONTRAC:Tt7k1t*_NC TL
Tarmac project no. ' d "> Customer P.O. no. Order no.....", ( Terms code y-Charge delivered s-C.O.D. Time due
v I ' 21Charge F.O.B. 4C.O.D -F.O.B. 04 ; ,3a
Delivery name and address Lot Block County,'
PGA CLUB,HOUSE
1916 PERFECT `DRIVER PORT ST LUCIE
Instructions I/95 SOUTH TO ST L..UCIE WEr!--a'T, T?R TO PERFECT DR, T/L. TO., END. slump r'
rodU UIM Unit race Amount '
uant�ty4� '� I �.Producf � � � P � � ,
Load
Cumulative l
! 1.
L!!?!
1..
00
1 <
013
aw
Ci: )
Code Description
- 80(1007 FUEL. SURCHG_`..'_
136(!off! 14 ENV I FtON SURCHO .
- 1 .
,.5
e
1 A"1
Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant
r Subtotal
y 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 Approval:
TesteKIN
° rr Tested perly No. Authorized d received by
❑,,Yes o ❑'�'es ❑ No ' i 90 4 X J � 1 W 9 (
Safety is a constant state of mind, with
tery employee., feeling,, responsible
id.empowered to a'ct 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: ar.
)Block:
Address: ' Correct Not Correct
r`i IQTMACR f 11DV
TITAN FLORMA LLC
TERMS AND CONDITIONS OF SALE '
1. Al) 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 ter"_ 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 jufisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold
hereunder.
i
2. Payment teens: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount
f % 101, proximo may be deducted if no previous balances are past due. Interest at the lesser of I lh% per month or the maximum rate al':lowed 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 ofthis
Cohract 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 waitingi�nloading 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 Fk cubic yards.
4. Buyer will give Seller at least 48 houn prior notice of the time anc', rate of requested deliveries. Delivery schedules will be mutually agreed upon between
Seller and Buyer. Deliveries will be made to the best of Seller'ability to dispatch, however, Buyer waives any claims associated with any delays in
delivery. !
5. [Buyer must provide suitable approaches to delivery points beyon ,paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage
to vehicles, sidewalks, driveways, pipes, septic tanks, and/or othevproperty, 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 fit]] 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 ("ACL") standards, when tested in accordance
with ASTM and evaluated by AC[ 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 WITI IOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTiC'ULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTI-f IN THIS SECTION 8 WiLL CONSTITUTE
TI IE 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 op, 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 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.
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.
12. Buyer roust 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, iNC'.IDENTAL, 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 HE PURCHASE PRICE OFTI•IE 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.
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.
q WARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES.
t�ONTAiNS PORTLAND CEMENT. FRESHLY MiXED CONCRETE MAY CAUSE SKIN IR.R.ITATION OR. INJURY. AVOID CONTACT WITH SKIN
'HERE POSSIBL.E. WASH EXPOSED AREAS PROMPTLY WiTH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATEU
TH WATER ANI) GET PROMPT MEDICAL, ATTENTION. KEEP OUT OF REACH OF CHILDREN.
1\IATERIAL SAFETY DA['A SHEETS (MSDS) ARE AVAILABLE AI' WWW.TITANAMERICA.COM. j
. r
- r
TITi�N
_1/ , COPdCRETE
I, Materials for Life*
g-Mncrete
Delivery date Plant
"Thank you-'- We appreciate your business"
rc Y 00 Ticket no.
ART PIEi' E!
FT
Truck JDriver f Truck size Type job
i C. rfJ tf'� i7 Y7rt7IV,1 ❑C^ I 1 1i. ' CO rM r t
I Customer no. J
('Customer name
Zone
�frlrl�td/a 7n "9
�I..%f••1 1 M1 l'E:tr-r KITRQr'TQIDS TMr•`
1Tax,CD
T�
Tarmac project no
Customer P.O. no.
Order no
Terms code t_Charge delivered 3-C.O.D.
Time due',,,
I
I
1
I t ' zjCharge F.0.6. 4-C.O.D -F.O.Q.
17: A. y 7 7
Delivery name and address i
Lot
Block
County
P(3A CLUB HOUSE
JSE
r.
1916 PERFECT DRIVE, PORT ST L.UCIE
Instructions
II9 SOUTH TO ST-. L_UCIE WEST, T/fit TO PERFECT DR, T!L TO END,
Slump .•
Quantity-� u~ -
ct}{ -�
U/Mi
Unit price; Amount
-
Load
Cumulative
Ordered
Code
Description, r
1
Y
`e
• �. G
iti 1Zi t
•_
�, :., 00 .t r ril
Chi•
� ..➢ .;_ i � 1R� �'i: J7 iyliJ ' r1�.4'.
�.� ,
3 1
i7ii�?1
$3RNl1,
1IZl07 F,�JEL, �wUf�C�i a .11 :e ' '
L i7
:L .
I�0
t30
l,0? 4 I1•i11V I RON SURd.1_IG
L.D
Load
Arrive job site Start discharge Finish discha \ge Leave job site Arrive plant
1
zo
Subtotal
Sales tax
TOTAL
Additional water added to this concrete will reduce its strength'. Any water added is at customer's risk.
Gallops 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 I No. Authorized and received by
❑ Yes • ❑ No, ❑ Yes ❑ No 690-4642 - X
J L
Safety -is a constant state of mind,,with
ery.employee fekling responsible
_ I ,empowered to a'�ttto cause hi'm'
and others to work safely, on the belief
that all accidents are preventable and, ;.
that zero• incidents is the only goal
Lot:
Block:
'Address:�i Correct Not Correct
_
(`I ICTnnnl=O rinov
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 the goods sort. '
hereunder.
2. Payment terms: Net the last day of the month following the month of delivery, witl at deduction, retainage, setoff or charge backs. A cash discount
I %, 10"' proximo may be deducted if no previous balances are past due. Interest at t ,E lesser of 11h%per month or the maximum rate allowed by law will
be imposed on outstanding and delinquent invoices from the date of delivery unt¢1'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 willbe 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-
isfactoryto 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 of60 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 indeiuni fy 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; (J) 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 "for. 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: I3uyer 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 AC( -standards. Seller will repair or replace any goods supplied by Seller that hail 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 13ARTICIJLAR 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 Buyr
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 cdntact 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 customaty-
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, 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 - INJURIOUS TO EYES.
CONTAINS PORTLAND CEMENT. FRESHLY MiXED CONCRETE MAY CAUSE SKiN IRRITATION OR INJURY. AVOID CONTACT WITH SKIN
WHERE POSSIBLE. WASH EXPOSED AREAS PRomp'I'LY WITH WATER.. IF ANY MIXTURES GET INTO THE EYE, RINSE IMh4EDIATEL
WI'I'II WAI'ER AND GET PIZOMP'T MEDICAL AI I l:i "1'ION. KEEP OUT OF REACH OF CHILDREN.
MATE R'A L SAFETY DATA SHEETS (MSDS) ARE AVAILA, I E AT WWW.TITANAiMERICA.COM.
t Z.
Rev'd 2-08
TITAN
CONCRETE "Thank you, ' We appreciate yourbusiness"
Materials for Life'
Ticket no.
g
cret6
P0
Iftr,. AO mn��
4-V9"fSE'L'V,1TZ .��JnD
FT. PIFRC FL 314,982,
Delivery date Plant [Truck Driver Truck size Type job
07, 1 r 1114 1 j., fill;it gi L)TA n
1 4 T F_
Customer no. Customer name Zone Tax CD
t;F7iCA1?lP7ZA-7 I , C,11171 I ql ITW.rH\ITRQrTnw,; T wr I I M!
T4rmac project no. I Customer P.C. no. Order no. I Terms code 1-Charge delivered 3-C.O.D. Time due
44 V19f 119 1 :;FA:T 2iCharge F.O.B. 4-C.0.1) -FOR 0, 4 �, 0 P
Delivery name and address Lot Block County
PDA CLIJF,'
1916. PERFECT-WRI'VE, iPORT ST LUCIE'
Instructions
1./95 SOUTH TO �T. LUCIE WEGf_' T/R TO PERFECT DR,T/L TO END.. slump
7—
7
Quantity' i Unit price 1(Amount`,
W6d Cumulative Ordered. Code Description
1i, 00 1.00 120 00 Cn-0135R313500 44-57 1\10 AE CY
Sol 1007 FUEL SURCHG L D,
OHA 8(Zo(1014 ENV IRON SURCHG 1 LD
Load I Arrive,lob site I start discharge Finish discharge Leave job site Arrive plant
U Yes JeNo LJ Yes a L No
Safety is a constant,,state,of mindi, with
jW.ry employeeje6ling respbnsib e',
Wbempowered'to act to-cause'him
I .7�- J
and b thers,to work,safely; on,the belief
Subtotal
Sales tax
TOTAL
water added is at customer's, risk.
Amt of CYReiained:—
Block: f
Address,1Correct
,,
'7.
Corrett
I
TITAN FLOFJDA 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 the goods so' r'
hereunder. KA
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 d%"scount of
1 % 10`' 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 from the date of'deliverv_witil 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, SA will be entitled to recover from. Buyer all costs of collection and litigation
including, but not limited to, reasonable attorneys' fees. Seller reserves thefi)ght 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 howl and.
for any waiting/unloading periods in excess of 60 minutes. Prices are based on frill loads; an additional charge will apply to loads of less than seven cubic
Yards. The minimum load for each delivery is F12 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 yP; (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; (iiiy 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 trick, and are no: -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. L,imited 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 An -rican Society for Testing Materials ("ASTM") and American Concrete Institute ("ACT") standards, when tested in accordance
with ASTM anL ; Pv<<I, ate t y ACT standards. Seller will repair or replace any goods supplied by Seller that fail to meet this litnited warranty, within one
ycat after delivery thereon. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES;
WIIETilER F'YPRESS OR. IMPLIED, INCLUDING WITHOUT LIMITATION Ti LE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR f .
A PARTICULAR PURPOSE, ARE IiEREBY EXPRESSLY EXCLUDED. TILE REMEDY SE'T FOKIJf IN THIS SECTION 8 WILL CONSTrivue'.
TI IE SO].E REMEDY OF BiJYER UNDER TIITS LIMITED WARRANTY.
9. Seller will Trot be responsible fur 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 of er the placing o.
handling of concrete after unloading and does not guarantee the fmislrrd uric in which it is used. Buyer will be responsible to prevent concrete after
unloading from coming into contact v: ith 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-
c.;ble for the effect of such admixture or ingredients on the concrete. Any extra product which may be required m excess of the mix design quoted, or
which may be required to provide wwkability, 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 th,,,j 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 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 THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY
WITH ]TS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS. WILL BE LIMITED TOTHE PURCI LASE PRICE OF "TIIE 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,
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 - INJURIOUS TO FVES.
CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION1 � )P. INJURY. AVOID CONTACT WITH SKIN
WHERE POSSIBLE,. WASH EXPOSED AREAS PROMPTLY WITH. WATER. IF ANY MIXTURES C i-T INTO THE F,YE, RINSE IMMEDIATE0
WiTH WATER AND GETPROMPT MEDICAL, ATTENTION. KEEP OUT OF REACH OF CHILDREN.
MATERIAL SAFETY DA`,"A SHEETS (MSDS) ARE AVAILABLE AT NVWW.TiTANAiAERiCA.COM.
Rev'd 2-08 '