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HomeMy WebLinkAboutTitan Concrete Invoice71YAN Materials for Life" "Thank you - We appreciate your business" c01UMvs graftc 'y Fof7T -!IERCE retd Ticket no. Delivery date Plant Truck `°'I Driver Truck size Type job tc:�5;`' ':� :1. 3C., 121 1 4 GA. If Customer no. I Customer name zone Tax DRP�!:tt Y CDNC!':I`` E COi''ST L.1_.#: r,m Tarmac project no. Customer P.O. no. Order no. I Terms code 1-Charge delivered 3-C.O.D. Time due iCharge FOR 4-C.O.D-FO.B. Delivery me and address _ Lot Block County Instructions EFF i" IA NORTH OF NORT11 t:`�F IDGE PW-7T F-E--' ,r-,lr 1? Oi'7- i'?l:i slump ?"`A117; f" REGAL R1 . Tf3 JCC, t 1'•,1 i. EF—i .. Product' .. % .-.._.� Quantity u/M ,Urnt price �Ainount Load I Cumulative I Ordered I Code I Description 3 Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal sales tax TOTAL kdditional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: Ifs Gallons of water added: Gallons of water added: Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval: I Customer Approval: Tested Tested properly No. Authorized and received by 1 ❑ Yes ® No ❑ Yes ❑ No I 6 6 6 9.16 ® I X Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct ('.I I.qTr)KAF=P (nPV TARMAC AMERICA LLC TERMS AND CONDITIONS OF I. All sales will be subject to these terms and conditions ("Contract") and, if buying oil 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 wriurr 4. Any'ehbnges 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 if] disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month :following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 101, proximo may be deducted if no previous balances are past due. Interest at the lesser of Ph% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices 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 collet Lion 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 of60 minutes. Prices are based on full loads; .in additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is 1'/z cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be rnutual.ly 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 bi delivery. 5. Buyer must provide suitable approaches to delivery points beyond paved sweets. For delivery beyond curb lines, Buyer assumes 911 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 clue to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time oi'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 (*'ACT") 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 71.8.203, as applicable. AIL OTHER WA_RRANTiES, WHETHER F.,XPRESS OR iMPL.,IED. 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 Buyer. Bayer will be responsible to see that the concrete is handled in accordance with best 'construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the i:mished7 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 ntay 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. Ally requirement beyond these conditions will require the implementation of controlled treasures during production at the expense of Buyer. 1.2. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), tine 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 C'IRCUI(4STANCES FOR ANY SPECIAL, iNC'IDENTAL. PUNITIVE OR CONS EQUENT[.At, DAMAGES INCI.UDINQ WITHOUT LIMITATION. ANY DAMAGES RELATED TO. DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT. OR OTHERWISE. AND WHETHER OR NOT ARISING FROM SELLER'S NEGL:IGENC'E, STR[t'T I..IA BII.,ITY OR. FAUI..T. IN NO EVENT WILL SEi.,LER BE RESPONSIBI-E FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COM.PI.Y WITH ITS OBLIGATIONS. SElA,ER'S 1AABiL.ITY 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.. 1.5..Severability. The unenforceability of any provision of this Contract will not affect the enforceability ofatty other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. R?ARNING: CAUSES SKIN IRRITATION - iN, 1JR1OUS 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 Wi.TH WATER AND GET PROMPT MEDICAL, ATTF.,NT ON. 1, PEEP OU'I OF [t_F..AC'1-1 OF CHII..DREN. MATEiRJAL SAFLT'Y DATA SIZE TS (MSDS) ARE AV XILABLE VI' WW NV.'rl"rANAMERICA.COM. Rev'd 2-08 ©TAN C"NC ETE Materials for Life* "Thank you - We appreciate your business" �C Ticket no. FORT PIERCE 2 FT PIERCE', FL. ' 4:=bra Delivery date Plant Tfude� J.Driver r :,.: n r-� r -r t,,s r- c•+ r^ Truck size a r Type job r-, ,...i : r o-.�; �. i r Customer rio.-- � Customer name " r` "' "- Zone ` - Tax CD t_�c7tt7tt?t%:fkt?"' FtIro/_1!•IF1'v f-`f'ihtf"'!:?f=TF_" I �'`r7:'�I��T ! I f' i c Tarmac project no. I Customer P.O. no. Order no. Terms code 1-Charge delivered 3-C.O.D. Time due A•. "t?t �,t7t '! j' f 1--:� � h-L:. ?'�' %/ 4 t7f 4 2oCharge F.O.B. 4-C.O.D -F.O.B. , I Delivery name-and address ----_-� o Lot Block County 5r RESIDENCE •_. PnTE L.. �uC-d- f,") N ,RTH A1A, l rr1 Instruction`~ Slump OFF AAA i`.IOR"Ti_I OF NORT[I LA -RIDGE PAST j-'r-_rPERR SEr)r;t-i PAR!,". Pr --Pr:, 13011'ID PAST FEPP RD.., TO, . nT-4 CIN i-EI"T� Quantity Product u/M Unit priceAmount Load I Cumulative I Ordered I Code I Description ?N! ,_11Yi 01 ', Et�i'? I RON E iR -i!_3 k, -J I C Y L-P 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: Customer Approval: Customer Approval: Customer Approval: I Customer Approval: Tested Tested properly No. r Authorized and received by ./ ❑ Yes ❑ No ❑ Yes ❑ No I 6, 6 9 1 Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct Cl1STnMFR COPY TARMAC AMERICA LLC TERMS AND CONDITIONS OF 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 writin'. Any ch,+nges must be in writing and signed by each party. This Contract will be construed in accordance with the. laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 1011, proximo may be deducted if no previous balances are past due. Interest at the lesser of 11/ % 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' flies. 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 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 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. 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 A.C'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 i.MPI.AED, INCLUDING WITiIOUT LIMITATION THE NVARRANTi ES OF MF.RCI IANTABILITYAND FITNESS FOR. A PARTICULAR PURPOSE, ARE 1-IEREBY EXPRESSLY EXCLUDED. T[ lE REMEDY SET FORTH IN THIS SECTION 8 WILL, CONSTITUTE THE SOLE REMEDY OF BUYER UNDER T'I1IS LIMITED WARRANTY. 9. Seller will not be responsible -for slump, strength or quality of any concrete to which water or other material has been added by or on behalf' of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best -construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee lire finished work in which it is used. Buyer will be responsible to prevent conc;ctc :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 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. IN( 'iDENTAL, PUNITIVE OR CONSEQUENTiAL DAMAGES INCLUDING, WITHOUT LIMITATION, AN-Y DAMAGES RELATED TO DELAY, Wi-IETHER 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 DUr TO Ti1F ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WiTH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURC'I iASE PRICE OF THE GOODS SOLD UN DER THIS CONTRACT. 1.4. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, will] 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 M.EDIC'AL,ATTENTION. KEEP OUT OF REACT-1 OF C1411-DREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TiTANAMERICA.COM. Rev'd 2-08 TITAN CONCRETE Materials for Life" "Thank you - We appreciate your business" Ticket no. a r (:0 16 t7) t7.5 CF )D FRT [--, I E P C E SELVITZ ROAD 5 E 2 F,-OM (Trade 50-oza) FT Fl- 7�49,7tl­ Delivey date Plant Truck I Driver Truck size Type job T .3 T r-7- n1_1r,1%1rr Customer no. customer name •Zone Tax CD_­ 1A 0 6 1 A —1 171 P o 1.; 71,,,/ i-nhir-Pi_--*7P Tarmac project no. Customer P.O. no. Order no. Terms code I -Charge delivered 3-C.O.D. Time due I Q Q — -- "515 5 2jCharge F.O.B. 4C.0.1) -F.C.B. Delivery name -and -address-- County SF RESIDENCE -- PATEL.- NORTH AIA, FT P'CERCE Instruct ibns-- !7 Slump OFF AIA NORTIA OF NORTH DRIDGE PAS)T PUDIDER [�.EE E;0 I NID? Pn2T PEGAI_ RD,.,TO OD ON LEFT. e, (DC Unit I Amount LIN'; Load I Cumulative I Ordered I Code I Description @.,017! J01, @0 CAR133-r"Zor,000 4M Pill E-THUMA-7 FUEL �:UPCHE.i 0110 14 r-'1,,11JVIRFjN SURCI-40 Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant subtotal C) 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:19-0 Gallons of water added: Q Gallons of water added: Amt of CY Retained: Customer Approval:— Customer Approval: Customer Approval: — Customer Approval: Tested Tested properly No. Authorized'and received by 6 6- 6 9 2_" 2 LJ Yes fio"No U Yes ID No I IX�� Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct ('1 I.qTnMF=R COPY M V:100-Me", _U1_Q *Vvwo TERMS AND C'OND.ITIONS OF S 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, retainage, set off or charge backs. A cash discount of 1% 101, proximo may be deducted if no previous balances are past due. Interest at the lesser of I `h% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies. Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not Limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads: an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is Ph 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 trust provide suitable approaches to delivery points beyond paved streets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other property, and Buyer will indemnify and hold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against: Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per 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 Arerican Society for Testing Materials ("ASTM") and American Concrete Institute ("AC'i") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER.EXPRESS OR IMPLIED, INCLUDING WITHOUT L lMITATiON THE WARRANTIES OF MERCHANTA BILITY AND FITNESS FOR, A PARTICULAR PURPOSE, ARE 1-IEREBY EXPRESSLY EXCLUDE[.). TI IE REMEDY SET FORTH IN TI11S SEC'TiON 8 WILL, CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be fesponsible for slump, strength Qr quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is -handled in .accordance with best construction practices. Seller has no control over the placing or handling of. concrete after unloading and does not guarantee­ciie finished work in which it is used Pu cr will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength, 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 1.2. Buyer must give Seller written notice within. 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER. OR NOT ARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE, TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY C:LAiMS W11A, BE LIMITED TO THE 13URCi-JASE PRICE, OF THE GOODS SOLD UNDER THIS CONTRACT, 1.4. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CLAUSES SKIiN .IRRITX11ON - 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 ATTENTION. KEEP OUT OF REACH. OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WW'W FITANAMERICA.COM. Rev'd 2-08 T©TAN CoIIVC�s�T� "Thank you - We appreciate your business" Materials for Life' Ticket no. �rade )3eam 1�PIE RCE ERCE grMadd /4.1.99 SEL-V IT Z !- C)n- ? :''32 E ;j r I i�al FT PIERCE.,, FL 3f1911,E` Delivery date Plant Truck I Driver Truck size Type job ,r , r•- n n r fc±G., ±_±�; 1.:� (-: F� 2,: r C-3Iz_Cl-iF'?. _ .., T) jn,:ir--' ,, t'i+?! ._,il'j r R _ Customer no. I Customer name Zone Tax CD 1TJCF1't:r:±Li.S87 T7RAWT'"" CONCRETE C01'€S'? €_...0 Tarmac project no. I Customer P.O. no. Order no. Terms code t-Charge delivered 3-C.O.D. Time due 2-Charge F.0.8. 4-C.O.D -F.O.B. Delivery name'and'ad'dress' Lot Block County 9F EE'D I DE1•'10E: ._. F'A T EL ei-€=•00 NORTH F41.A,, FT G"'SIIRCE ` s Instructions L,I-•t~'`i-; IF -A 74iLJ!i !-l-! —". - 111±Jt-;' 11-1 Laid 1 L7UE- i-'f 1IS I t-`t�!'1-`k i' t-"f-31 i`.; F'.L-_� !' !J Li�fLt Slump TO ,ii.. EA .f€':; L_�,F'i, is==„ ?t: Quantity Product U/MI Unit nce Amount I p ` Load Cumulative Ordered Code Description tr F .. ., ±? ± ;L S , t71f1.± f' t !Ct S!^' Ts±?±k", ±i�' O , �� F'til i 1?,± i(1014 Lkl4) I RON CLJRCFIG L.i7 Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal Sales tax 'Q TOTAL Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of wateradded.. U Gallons of water added!O Gallons of water added: _ Amt of CY Retained: r) oval: Customer Approval: Customer Approval: Customer ApprCustomer Approval:' ; Tested Tested properly No. Autlilor'`lzed and received by +l r ❑ Yes ® No ❑ Yes ❑ No I �• .. I i� l ` `! - Safety is a constant,state of mind, with every employee feeling ,responsible and empowered to act to'cause him and others to work safely,.on'the. belief that all accidents are preventableyand that zero incidents is the only goil, Lot: Block: Address: Correct Not Correct 1, , - CUSTOMER COPY ,. TARMAC AMERICA LLC TERMS AND CONDITIONS OF S 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 tenns 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. '['his Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery- site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 1011' proximo may be deducted if no previous balances are past due. Interest at the lesser of P % 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' f.'ees. 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 howl 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 Ph 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. 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 WA.RRANTiES, WHETHER EXPRESS OR. IKPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OFMER.CHANTABIL..ITYAND FITNESS FOR. A PARTICULAR PURPOSE, ARE, HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH iN THIS SECTION 8 Wll:A CONSTITUTE THE SOLE REMEDY OF BUYER UN DERTHIS HIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnisli 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. 1.3. 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, F:l_ 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 IRRiT'ATION - IN:IURIOUS TO EYES. CONTAINS PO.RTLAND 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 C14IL.DREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT wwN :I'ITANAsMERiCA.COM. Rev'd 2-08 (CONCRETE Materials for Life" "Thank you,- We appreciate your business" g Crete FORT F-1 E R CE 4199 9'Et/V I-' TZ ROAD FT PP I E R C E, FL.' ;1 4 9 9,-2' Ticket no. 212) -2 G, 7 6 Delivery date Plant Truck IraDri,er Trucksize Type job 06/04/12; E-28 31,1-1ATCHER J'R., JESS111: s) o Q! F CIO T ER, Customer no. Customer name Zone Tax CD 9 0 0Z 0 4 88 7 I PIPAWDY CONCRETE r CONST L.LC Tarmac project no. Crd' Time due Customer P.O.RO. no. Order no. Terms code 1-Charge delivered 3-C.O.D. 4.1 7 =.- 4 3 0 51-4) 1 H3 2-Charge F.O.B. 4-C.O.D -F0.13. Delivery name and address County 9F RES-IDENCE 1-i-ITEl- W-WDO NORTI-4 i-)I.A. FT PIERCE Instructions OFF NORTH OF NORTH SRIDGE PAST PEPPER 'ARV,., KEEP GOING Slump PAST: EL- -IL RD, TO ,?ODD ON' L-EFT. Q I 'Product U!M Unit rice JW—mouni­­-] uantity L6ad Cumulative Ordered Code Description ll .0 0 L73 '9 0 'Zi T, 12) C, A r I B 2 P Q) 6 10 CA 0 Itt S P1 V I C11 Y 11 00 I -A 0 ( 10, 171 -7 FLIfIL. 7URC-1-0 LD 904014 E N Y I R tQN., SURCHG LD Load Arrive job site Start discharge 'Finish discharge Leave. job site Arrive plant Subtotal Sales tax 3: TOTAL, Additional water added to this concrete will reduce its strength. Any water added is atc'ustorper's risk. Gallons of water added:. Gallons of water added: Gallons of water acicle , d: Amt of CY Retained: Customer Approval:- ' Customer Approval: Customer Approval: Customer Approval: Tested Tested properly I - AuthorizLnQa id received b LJ Yes LJ No No. X LJ Yes U No 6S6. J- I Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct CUSTOMER COPY TARMAC AIV ERICA LLC TERMS AND CONDITIONS OF S. 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporat d herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing.'Alielnages 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 toe goods sold hereunder. 2. Payment terms: Net the last day of the month fallowing the month of delivery without deduction. retainage, set off or charge backs. A caslii discount of 1% 1011' proximo may be deducted if'no previous balances are past due. Interest at the lesser of 11/2% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the (late of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based oil 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 an([ 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. Buyerassumes 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. Seller warrants that its product,,; 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, 4fth in one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable, .AL,I.. OTHER WA.R.RANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABiLITYAND FiTNE9S FOR. A PARTICULAR PURPOSE. ARE, HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH 1N TI ITS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control ov (tug or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to pr�(I 3:onc -te 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 sole ly 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 regir`ed to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 1.1. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 1.2. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause what. oever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary ,ime 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; Wi-IETFiER 13ASED 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']'[] I, ACTIONS OF OTTIF,RS OR TILE FAILURE OF BUYER TO COMPLY WITTI ITS OBLIC ATIONS. 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 Cic(iit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforecability 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- C"�U_SE',� S:KiN IRRITATION - INJURIOUS TO EYES. CONTAINS PO.RTLAND CEMENT. FRESHLY 'RETE MAY CAUSE SKIN IRRITATION OR. INJURY. AVOID CONTACT WITH SKiN WHERE POSSIBLE. WASH EXPOSED AREAS Ct':il` I f 'Y 'WITH WATER. IF ANY MIXTURES GET INTO THE EYE. RINSE IMMEDIATELY WiTH WATER AND GET PROMPT MEDIC'A l_ A! i : 11F,: 1KL:EP OUT OF REACH OF Cl IILDREN. MATERIAL SAFETY DA T > 81 J I': E: i"S (MSDS) ARE AVA iLABLI,; A"I' WWiV. l'ITANAM ERTCA.COM. , Rev'd 2-08 0�717AN CONC12Ei'E Materials for Life' "Thank you We appreciate your business" Ticket no. 2 G;; C' Delivery date Plant Truck triver Truck size Type job 17i� r 1 7 r 'i 5 -:`'S? ? r)(II!!= p nti1 IrIf 0(7 9 171 r;x!, 1 r- ri -Y, ir r,c Customer no. I Customer name Zone Tax CD 7,nI.if7le etP-1 i-s.' -' lt-)Y i-niq#7:j-dPTF ri-,:I'•.yT 1.,Li 77 Tarmac project no. I Customer P.O. no. Order no. I Terms code 1-Charge delivered 3-C.O.D. Time due wi. ! i' 2 zA! I .F) -f_� (%i ' _ !�. �':r'it�! ,ChargeF0.8. 4C.O.D-F.O.B. 1 r, �'' •�. Delivery name and address _ Lot Block County ,-3F REG I DENCE - PATEL.. � NORTH AI -A, FT PIERCE Instructions TURN LEFT Oi`)TO CIJI' P I ^E DLAJD TURN {?.T Gti-r ONTO, V I RG I N I A nVE Slump i ti?11 LEFT CINTO F L - i'41}_►r 1 N TURN RIGHT C'!}''.1TO SEAWAY TT, TURN P'TGHT !71%JTC1 nt -i 9/6 C!CEAN DR Quantity ! Product U/M 'Unrt rice Amount Description f �l,I,'t�L�l�° r�'1 �!�lI7!I + PH ' f 41- \1V-1, Cy L.. Y L.. P �.SC�ill� Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Z Subtotal Sales tax h ; 1 TOTAL -5 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 ff/Approval:.� Tested Tested properly No. �1I Authorized and received ' ❑• Yes ❑ No ❑ Yes ❑ No I 6 96 9, 1f 3 ` u' I X Safety is a�constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents .is the only goal. Lot: Block: Address: Correct Not Correct CI 1STo MFR C;nPY TARMAC AMERICA LLC TERMS AND CONDITIONS OF SAL l . All sales will be subject to these terms and conditions ('`Contrac(") and, if'buying on credit, to Buyer's credit agreement with Setter, 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 ahanga 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'Oelivery site of' the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month oCclelivery, without deduction, retainage, set off or charge backs. A cash discount of 1 % 1011' proximo maybe deducted if no previous balances are past due. Interest at the lesser of 1'L% per month or the maximum rate allowed bylaw will be imposed on outstanding and delinquent invoices from the date of delivery until paid. fIuyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Selfer will be entitled io recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves file right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buver 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 minimuur load for each delivery is 17, cubic yards. 4. Buyer will gyve 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 inderrrnify and hold Sel Ier harmless frorn and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to rowing 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 ol'discharge from the truck, and are not sold "firrm 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 ("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. ALI, OTHER WARRANTIES, WHETHER. EXPRESS OR iMPL..IED, iNCLUDING WITHOUT LIMITATION TI I �k'ARRANTIES OF M ERCI TANTA BILITY AND FITNESS FOR. A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. -11IE REMEDY SET FORTII IN TIITS SECTION 8 WIL,L CONSTITUTE THE SOLE REMEDY OF BUYER UNDER'TI-ilS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of'Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum. which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures daring production at the expense of Buyer. 1.2. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of anv alleged nonconforming materials or any other cause whatsoever (other than iailure 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, iNC'IDENTAL, PUN.ITI E OR CONSEQUF,NTiAi, DAMAGES iNC'L.UDING WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER. BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOT ARISING FROM SELLER'S NEGLIGENCE. STRICT LIA BILITY OR FAULT, IN NO EVENT WILL SELL.,F.,R 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 OF THE, GOODS SOLD UNDER THIS CONTRACT. 14. Notice. A.1.1 notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The tmenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each outer provision of this Contract will be severable and enforceable to the extent permitted by law. NV,kRNING• CAUSES SKIN iRRITA71JON - 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 MEDICALATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SI- EETS (MSDS) ARE AVAILABLE AT WWW. TI'TANAMERiCA.COM. Rev'd 2-08 TITAN CONCRETE Materials for Life "Thank you, - We appreciate your business" .tl.•I wig I'i:e-vi,.Tz !Ion- 1_� Pi I9_..i-+.1,.�E •, E"L_ _J402,"22 Ticket no. -e h. C'^, Delivery date Plant Truck Driver Truck size Type job itiA171!., ir111F'-" t: i l�l. [it; 1 F011 T r7Ri" Customer no. Customer name Zone Tax CD :.iC`i!; 1;i!• `?{S J r t I^:S%)Y CONCRETE C ih.)`; f i_j_r I I I T I Tarmac project no. Customer P.O. no. Order no. Terms code 1-Charge delivered 3-C.O.D. Time due t �r 1�I�t',:I, CD--'_ j02-:1 1'-='l4l7; 2=Charge F.O.B. 4-C.O.D-F.O.B. f I I Delivery name and address Lot i Block County SF r:E-.s:E1)E1N1I E r=ATEL NORTt-1 AIA,, FT PIERCE Instructions DF'E NORTH LIFE NORTH TBR1 r. GEr PAST •EF,r7,C�,, PtF1�1.,r,r.EC! L Slump Tr --,A ;T REGAL RD, , TO JOP ,Cd\i LEFT. �Quantit� . � Product -�� UIMr Unit price I � Amount �� Load I Cumulative I Ordered I Code I Description fyilll *1�6 . ,1v1 OO lei 14 ENV T R011 �GIJFZC!•-403 CY L{1 L_ D Load Arrive job site Start discharge Finjsh discharge Leave job site Arrive plant c•s 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: Customer Approval: Customer Approval: Customer Approval: Tested Tested properly No. y�,{� Authorized and received by ❑ Yes ❑ No ❑ Yes ❑ No I 6 orsr�J-J-.1_i1— 5. Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, .on the. belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct CUSTOMER COPY TARMAC AMERICA LLC TERMS AND CONDITIONS OF SAL 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. Ali changq must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida For all disputes relating to this Contract, Buyer hereby consents to the _jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction. retainage, set off or charge backs. A cash discount of 1% 10�" proximo may be deducted if no previous balances are past due. Interest at the lesser of 1 `/L% per month or the maximum rate allowed by law will be imposed on outstanduig and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of itS rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/tmloading periods in excess of 60 minutes. Prices are based on full loads; all additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is Ph 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 front 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 tuck 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 ol'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. Seiler 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 ACl standards. Seller will repair or replace any goods supplied by Seller that fail to sleet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 71.8.203, as applicable. ALI. OTHER WARRANTIES; WHETHER EXPRESS OR l_MPL..IED. INCLUI.ANG WITHOUT LIMITATION THE... Vi/ARRANTIES OF MF.,RCHANTABiL,1TYAND FITNESS FOR. A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED, THE REMEDY SET FORTH IN .€.I[IS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER TILIS LIMITED WARRANTY. 9. Seller will not be responsible for slurnp, strength or quality of any concrete to which water or other material has been added by or on behal f of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work-in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice withui 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 horn 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 INCLUDINQ WITHOUT LIMITATION. ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE.,, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIA_BLL,ITY OR. FAULT. IN NO EVENT WILL SF.,I.L,ER BE RESPONSiBL.,E FOR DAMAGE DUE., TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FORANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing 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 1RR11,VFION - INJURIOUS TO EYES. CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE:, SKIN IRR ITATION OR INJURY. AVOID CONTACT WITH SKIN WHERE POSSIBLE..,. WASH EXPOSED AREAS PROMPTLY WiTH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WiT.H WATER AND GET PROMPT MEDICAL, ATTENTION. KEEP OUT OF REACH OF CHILDREN. NIATERTAL SAFETY DATA SHEEL 'S (MSDS) ARE AVAILABLE AT WWWWFI T'ANAMERiCA.COM. Rev'd 2-08 4RrYiYANR CONCRETE, Materials for Life" 9Mnc,retd' "Thank you - We appreciate your business" FORT PIERCE 4199 SELVITZ FT PIERCE, FL Ticket no. ROAD 284268 34982 Delivery date . ` Plant Truck JDriver Truck size Type job 01/IF,/i4 6�8 1314 \GILCHRISTq UUANE 7.00 BEAM Customer no. Customer na a �. Zone Tax CD - —' 90�IIZIrt•987% , _ I RAWUY CONCRETE -CGNeST LLC ,\ T� Tarmac project;[�o� i Customer P,p o.� Order no.' Terms code t Char a delivered 3-C.O.D. Time due }IlGI,�0 1 L CJ � I Er i e I 1 44 2-Charge F.O.B. 4-C.0.1) -F.O.B. Delivery n,a pandzaeIsDENCE _ PATEL -, ` - Lot Block County BED NORTH A 1 A9 FT PIERCE Y. Instructions .Ah11L119 PwI 19 11'7\AA vA�u•"� ,Q L�AFI 'T I'�• hAl"1 P•1 •'P•A I 1"YP� T•1 AC'^ hA/'4A \/ 1"I��/'LI I.AA 1(� 111'�'hA Slump co OIZ A Quantity Product UIM( Unit price Amount' W i Load Cumulative Ordered Code Description l�4 I�►t"I 1. 4. IZ 0 14, 00 CA BBP3060 0 *8 PM _ CY 9 = 00 BI�� Ic�IZ17 FUEL SURCHG LD 1 A IBC+_ 80(, 014 ENV I ROM SURCHG LI7 Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Y 5 s" Subtotal Sales tax TOTAL \dditional water agded to this concrete will reduce. its strength Any water added,is at customer's risk. Gallons of water added: 9 Gallons of water added: Gallons of water added, Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval:. , - I Customer Approval: Tested Tested properly No. Autho`rized;aed r ei"ved by _ Yes ❑ No ❑ Yes ❑ No "' 72 5 7 6'2 I X ` -y - ' J Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable -and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct CUSTOMER COPY TARMAC AMERICA LLC TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to B s credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are exch,«�L, 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 Contact, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% I0 proxinno may be deducted if no previous balances are past due. Interest at the lesser of 11/2% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday., An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is 11/2 cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and -Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 1 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 tirne; (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 tuck, 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 71.8.203, as applicable. ALL OTHER -WARRANTIES, WHETHER. EXPRESS OR IMPLIED, INCLUDING WITHOUTLIMITATION THE WARRANTIES OF MERCH.ANKABILITYAND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be' responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best: construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of die 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. 1.3. 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 WLTII ITS OBLIGATIONS. SELLER'S LIABILiTY FOR ANY CLAIMS WILL BE LIMITED T"O THE PURCHASE PRICE OF THE GOODS SOLO) 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 nmenforceability 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 - INIJU.RiOUS 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 M.EDICALATTENTION. KEEP OUT OF REACH OF CHILDREN. MAI'ERiAL SAFETY DATA SHEETS (MSDS) ARE AN:AILABLE r1'i' wwi .TI'TANAMERiCA.COM. Rev'd 2-08 TITAN C43MCRIETE Materials for Life g Crete "Thank you We appreciate your business" FORT PIERCE 4199 SELVITZ ROAD FT PIERCE, FL-34.982 ��gUILp��,C o Z MEMBER Ticket no. 284204 Delivery date Plant Truck Driver Truck size Type job 01/07/14 e628 14110 ZEILINSKI, ROFERT 4.0171 FL.ATWOF Customer no. Customer name Zone Tax CD 90004887 I DRAWDY CONCRETE CONST LLC TE Tarmac project no. I Customer P.O. no. Order no. I Terms code 1-Charge delivered 3-C.O.D. Time due 430501 CO-3565 6054 Z ' Z;Charge FOR 4-C.O.D -F.O.B. 1 6 ; 04 Delivery name and address Lot Block County SF RESIDENCE _ AATEL. 46aO NORTH AIR, FT PIERCE Y Instructions ON HUTCH I SON ISLAND, 2 MILES NORTH OF I -FIE NAVY SE(-')L_ IVIUSUEM slump 8. QI Q Quantity Ln I Vr price !Amount Load Cumulative Ordered Code Description 4. 130 ;: 4. 00 34 , 00 CAP BSP3OE0127112+ 4.8 PM ICY 4. 00 10( 8711►11 % NON CHLORIDE ACCI.LE6'ATCY 1.00 8W ► 07 FUEL SURCHG LD 1.100 60 014 ENV I ROIL SURCHIS LD f c-� a Load A Live job site Start discharge Finish,discharge Leave job site Arrive plant e_? c }a Subtotal �✓ • � O � Sales tax TOTAL kdditional 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: Custorr)er Approval: Customer Approval: Tested f Tested properly No. Authorized an received b y ❑ ❑ Yes j�lo Yes ❑ No 6725699 Ix Safety is a constant state of mind, with every employee feeling responsible and: empowered to act to cause him and others to work safely, on the belief -that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct CUSTOMER COPY / AME.RICA LLC TERMS AND CONDITIONS OF c ill be subject to these terms and conditions ("Contract") and. if buying on credit, to Buyer's credit agreement with Seller, incorporated herein ence. all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes o th t 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 is Contract, Buyer hereby consents to the jurisdictipn and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of' delivery, without deduction, retainage, set off or charge backs. A cash discount of 1 % 101, proximo may be deducted i f no previous balances are past due. Interest at the lesser of I {h% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the (late of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery homy 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 111+ 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 o1'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 tin.ne; (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 AS"T'M 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, INCLUDI1NKi WI.THOUCLIMITATION THE WARRANTIES OF MEKCHANTABILiTYAND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSI;Y„F..,XCi...UDED. THE REMEDY SET FORTH IN THIS SECTION 8 WIJ..,I., 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 f G,V ;. Buyer will be responsible to see that the concrete is handled in iaccordance with best construction practices. Seller has no control over the placing. or handling of concrete after unloading and does not guarantee the finished work in_winicln_it,is used. Buyer will be responsible to preven concr6e after unloading from. coming into cnntact with any .material, surch as afutninurn, 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 wager/cement ratio, will result in an additional ingredient charge payable by Buyer. 1.1. Concrete will be batched and delivered in accordance with ASTMIC-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 1.2. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 1.3. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL.., iNC'IDENTA.L. PUNITIVE OR CONS.EQuENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE. TORT, CONTRACT, OR OTHERWISE, AND WHETHER. OR NOTARISING FROM SELLER'S NEGLiGENC'E. STRICT LiABIL,ITY OR. FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE. FAIi..,URE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDERTHIS 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, 4.55 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 PR.OIvIPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SIIEET's (MSDS) ARE AVAILABLE AC WWW.`I'ITANAMERiCA.C',OM. Rev'd 2-08 92 ��145Z TITAN CONCRETE Materials for Life E "Thank you - We appreciate your business" FORT PIERCE 4199 SELVITZ ROAD FT PIE RCE9 FL 34982 ��gUlLp�h,C o Z "'eMeE� Ticket no. 284202 Delivery date Plant Truck Driver Truck size Type job C7i9 /1717/9 t4 ir,:�'!Ll iFtil,I1 GviTll I F €?_ Tt�Mlc� 1l7i_ 171I t=1 ClrlalfIf: Customer no. Customer name Zone Tax CD 9OL7104887 I DRAWDY CONCRETE: CONST l_LC I T� Tarmac project no. Customer P.O. no. Order no. Terms code t-Charge delivered 3-C.O.D. Time due 430501 I CO-3565 6lj1e. 47 I 4; Charge F.O.B. 4-C.O.D-F.O.B. 14 g`6 Delivery name and address Lot Block County SF RESIDENCE — P ATEL 461i90 NORTH A1Ag FT FIERCE Instructions Slump Oi\} HUTCHISt�#�I ISLAND,2 iYiILES NORTH OF THE: NAVY SEAL }�iUStJEf�1 y I Quantity Product I U/Mi Unit price �Amoun#4` Load 1 Cumulative 1 Ordered ' I Code I Description I I 10. 00 E10. 00 .30, 00 CAP B8P306000 41�8 P11 CY 1000 10 871 101 % NON CHLORIDE ACCE :LEE `PITCY 1.00 80 007 FUEL SURCHIS LD 1.00 80 !014 ENV I RON SURCE-I6 LD Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal .,� Sales tax C ; • 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: Amno CY Retained: Customer,, Approval: Customer Approval: Customer Approval: I Cy tpmer Approval: Tested Tested properly No. Aut QCOriz and received bye s725696 ❑ Yes "❑ No ❑Yes ❑ No X Lot: Safety is a constant state of mind, with - every employee feeling responsible Block: and empowered to act to cause him Address: Correct Not Correct and others to work safely, on the belief that all accidents are preventable and that Zero incidents is the only goal. CUSTOMER COPY IARMAC AMCRICA LLC TERMS AND C'ONDiTION'S OF SALE 1. All sales will, be subject to these terms and conditions ("Contract") and, if buying oil credit, to rsuyer's credit agreement with Seller, incorporated herein by reference: all other terms, inchtding any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in wrriting.Any changes must be in writing and signed by each party. ']'his 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 tears: Net the last day of the month following the month of (Jelivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 101, proximo may be deducted if no previous balances are past due. Interest at the lesser of 1 `/2% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local. sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from. Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller .reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such .right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is Ph 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 fbr damage to vehicles, sidewalks, driveways, pipes, septic tanks, and/or other properly, and Buyer will indemnify and hold Seller harmless f-orn and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full payment of including all costs of disposal and Seller's return charge per trick for, (i) orders not cancelled at least one 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 "ill 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 AC.i standards. Seller will repair or .replace any goods supplied by Seller that fail to meet this litnited.warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 71.8.203, as applicable. ALL OTHER WA.RRANTiES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITf[OUT LIMITATION TI1E WARRANTIES OF MERCHANTA BILITY AND FITNESS FOR. A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FOY2TH IN THIS SECTION 8 WILL, CONSTITUTE THE SOLE REMEDY OF BUYER UNDER TH IS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength.. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability. strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 1.2. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to ineet 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'.IDENTA.L. PUNITIVE OR CONSEQUENTIAL DAMAGES .iNC:LUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY,- WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER. OR NOTARISING FROM SELLER'S NEGLIGENCE, STR.iCT 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 LIMITE:) TO Ti-IE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 1.4. Notice. All notices to Seller will be sent in writing to the sales oftice issuing the price quotation; with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 3344E 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 ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DAi'A SHEETS (viSDS)ARE AVAILABLE AI' WW%V.TiTANAMERiCA.COM. Rev'd 2-08 TITAN .� CONGaETE "Thank you ireappreciate your business" , Materials for Life' gramcreteo FORT PIERCE I ',14.199 SELV I TZ ROAD _ FT PIERCE, FL 34.962 264203 Delivery date Plant Truck Driver Truck size Type job 01 /1717/ 14 648 13116 ACKER, DOUGLAS 10.0(11 FLATWOF Customer no. Customer name Zone Tax CD 9�Z�1704887 I DRAWDY CONCRETE COIVST LLC T� Tarmac project no. Customer P.O. no. Order no. Terms code t-Char a delivered 3-c:O.D. Time due CC��.aU�,� E���;Lt7 I �zChargef.O.B. 4-C.O.D-F.O.B. 156 Delivery namerand address + Lot Block County SF RE.S I DE1 NCE -- !aATEE L . 4�(00 NORTH A10, FT PIERCE Instructions ON i- Slump UTCH I %N ISLAND, 2M MILES NORTH,.; OF THE NAVY SER- L. MUSUEM Q 6. Oe QuantityUnit price 1�Amount,-. Load Cumulative Ordered 'Code 4 Description } 10.00 J►7to 00 -30 , 0O CAS ID8P'30E. 000 *8 PM CY 10. 00 - 10,(,1871 1. 01 % NON CHL.,OR IDE P1CCf .LL=.6'AYCY '1. Q a0G007 FUEL SURCNG, L_D "1. 00 8i7IL761 4 EAVIIRON SUR(�,HG LD 4: t' ,y 1 Load Arrive job site Start discharge./ Finish discharge Leave job site Arriv4lant ` �ryJ Subtotal Sales tax L TOTAL kdditional 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: I CustorDd`rJ royal--_ TestehJ Tested properly No. AuthoLi d adJeceiaerJ` y� Ye No ❑ Yes ❑ No I 672569, Ix Lot: Safety is a constant state of mind, with every employee feeling responsible Block: and empowered to act to cause him Address: Correct �� Not Correct and others to work safely, on the belief - that all accidents are preventable and V that zero incidents is the only goal. CUSTOMER COPY 4A.RMIAC A VIERiCA LAC TERMS AND CONDITIONS OF SAI 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to ouyer'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. ']'his 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 thejurisdiction 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 follbw•ing the month of deliveiy,.w,ithout deduction, retainage, set off or charge backs. A cash discount of 1 % 1011, proximo may be deducted i f no previous balances are past due. Interest at the lesser of 1'h% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of deliverv;uttilkaid. 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 M'e 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, of 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 w•aiting/unloading periods in excess of 60 minutes. Prices are based on ftill,lbads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is P/z cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer .rust provide suitable approaches to delivery points beyond paved streets. For delivery beyond chrb 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 chi rge's, expept 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; (ii�) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time o1' discharge from. the truck, and are not sold lornn 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 ("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, WHETH ER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF M ERCHANTA BILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE 11ERE13Y EXPRESSLY EXCLUDED. THE REMEDY SET FOR.TII IN Till SEC:TiON 8 WII.,l.., CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which. water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with AS7:M 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, INCIDENTAL. PUNITIVE OR CONSEQUENTIAL DAMAG.F...S .iNC:LLJDINQ 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'I HE 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 - IMIU.RiOUS 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 ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AI' WWNKTITANAMERICA.COM. Rev'd 2-08 - TITAN �/ CCa CRETE Materials for Life* gMncretd "Thank you -,We appreciate your business' FC,—, 4 PIERCE 4199 SEL.VITZ ROAD FT FIERCE, F t- 34982 Ticket no. 2+rl4 472 Delivery date Plant I Truck I Driver Truck size I Type job 02/12✓14 152E 13fJ4 GILCHRIST, DUANE 10.6�; BEAM Customer no. Customer name Zone Tax CD DRAWDY CONCRETE CONST L.LC T. Tarmac project no. Customer P.O. no. Order no. _ Terms code 1-Charge delivered 3-C.O.D. Time due r ° 43�,501 I CO— 1 `�' 1 r�6 `�f4- I 2�Charge F.O.B. 4-C.O.D-F.O.B. {� a ° 49 Delivery name and address Lot Block County SF RESIDENCE -- PATEL. 4600 NORTH AIA, FT PIERCE Instructions ON HUTCHISON ISLAi' D7 2E' MILES NORTH OF- '[ _ 0. V SEAL MU'Ui M Slump 5, E Quantity 'r Product UIM, Unit price i Amount Load Cumulative Ordered Code Description I fzl° 00 � 0° 00 c 0, 17 0 Cq, B13P?040i?II� #8 PM CY 1 ° 00 0 ;00 a FUEL. SURCHSa LD 1.00 80 014 ENVIRON SURCHG LD Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant y 12 Subtotal Sales tax TOTAL kdditional water added to this concrete wjll reduce its strength. Any water added is at customer's risk. Gallons of water added: Gallons of water added: Gallons of water added: 10 Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval: Customer Approval: Tested Tested properly No. Auth rized and received by 6'725972 I �� - ' ❑ Yes �No ❑ Yes ❑ No . - 1, Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct CUSTOMER COPY TARMAC AME JCA LLC TERMS AND CONDITIONS OF SAL 1. All sales will be suUject to these terms and conditions ('`Contract") and, if buying on credit, t _.yer's credit agreement with Seller, incorporated herein by reference: all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1 % 1011, proximo may be deducted if no previous balances are past due. Interest at the lesser of 1 `/z% per month or the maximum rate allowed by law will be imposed on outstanding'and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes .itmpaired 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 full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is 1112 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 lit 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 tnick 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 ("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 71.8.203, as applicable. AI.,I.. OTHER WA.RR.ANTiES, WHETHER EXPRESS OR IMPLIED. INCLUDING WITI-IOUT' LIMITNI'ION THE WARRANTIES OF M ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCi..,UDED. T1IB REMEDY SET FORTH 1N 'I'1[IS SECTION 8 Wll..,l., CONSTITUTE T1 {E SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminw.n, 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. SF,L,L,ER WILL NOT BE LIAB1,E UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL,, INCIDENTAL, PUN.iT.IVE OR CONS.F...QLTENT.IAI_, DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, O.R. OTHERWISE, AND WHETHER. OR NOTARISING FROM SF. IA..F,R'S NBGI..IGF...NCF.., 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 L:IMIT'ED TO THE PURCHASE PRICE.; OF THE GOODS SOLD UNDER THIS CONTRACT. 1.4. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 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 IRR1'1 z'VF10N - INJURIOUS TO EYES. C'ONTAiNS PORT.LAND CEMENT. FRES.HI.,Y MIXED CONCRETE MAY CAUSE SKIN IRRITATION O.R. INJURY. AVOID CONTACT WITH SKiN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER, AND GET PROMPT MEDICAL, ATTENTION. KEF..,P OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TtTANAMERiCA.COM. Rev'd 2-08 ,t EowCRErE "Thank you - We appreciate your business" 11 Materials for Life" 4 k J ' Ticket no. ® ti FO RT ,' O I E I�,C:E gimcretd--, 419'3. SELV %TZ ROAD 28A.161 FT . PSI ERC -, FL34-982, Delivery da el1.�03 14 Plant F,2 8 Truck "' 13 Driver DoM -, IGUEZ, 4EON Truck size 1q7j. ��.ITypejob BEAM, Customer noi001Z14887 Customer narEPRAWDY co(i rO&EI , f-"ONST 'LLB �. \ Zone Tax CD TE Tarmac proj;gc ;2b �Qg 1 I Customer P�[,na.��'] Arden not, tr,Ql(�p!}�, I Terms code 1kharge delivered 3-C.O.D. Time due 1 I ' 2-Charge F.O.B. 4-C.O.D -F.O.B. Delivery nafflFand @d"ressDENCE - PATEL Lot Block County 4660 NORTH AiAg FT PIERCE ilhl L11 I rr u T Pnhl r QO CS�Y� hi T 1 ;'I=C� 1\IJQ �^rW n "� ut r.lCll�y �'e�l IYiI e I Y7= Ivl Instructions • - ' T Slump 5 017 i � r r � U/Nl� Un1t rice - Amount Quantity p Product �' . Load Cumulative Orde d Co —GS�P: titsa`-�' ° ��► ® Pik S I Lit 00 ] ° + 20 . !°I9 I 1 r �1Z+ .. - �- 8i.�'14 007 FUEL SURCHr 1. 00 80GO 14 ENV I RON SURC:HO LD .r, Load Arrive job site Start discharge Finish discharge Leave job -site Arrive plant Subtotal • J, - ;. ' ; Sales tax , ....._.��; r TOTAL kdditional wateradcj�e A6 Phis concrete will reduce its strength. Any water added is at customer's risk. Gallons,of. weter,added. Gallons of water added: Gallons of water added: Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval: Customer Approval: Tested Tested properly No. (;rj) Authorized and received by 0 ,Yes No ❑ Yes ❑ No 6 '" 5 x flalix P , i Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that.all acci-dents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not"Correct CUSTOMER COPY TARMAC AMERICA LLC TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to DLlyer's credit agreement with Seller, incoif orate6Nerein 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 disputws xejgting to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1 % 101, proximo may be deducted if no previous balances are past due. Interest at the lesser of 11/2% 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 pf this Contract without notice in the event of Buyer default of aiiy Contract proN isions, 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; au additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is 172 cubic yards. i h. 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 iIuantity 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 ('`ACT") standards, when tested in accordance with ASTM and, evalua(ed 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 theireof. Seller will uphold_its.warranty obligations under Florida statute 718.203, as applicable. ALL, OTHER. WARR.ANTiES, WHETHER EXPRESS OR iMPLIED. INCLUDING WITHOUT LIMITATION THE I ARRANTiFS OF MERCHAN-T.A..BILITYAND FITNESS FOR A PARTICULAR PURPOSE, ARE I- IEREBY'EXPRESSLY EXCLUDED. THE RF,MEDY SET FORTH INTHIS SECTION 8 WIL.I., CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading.and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from cumin); 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. 4 12, Buyer must give Seller written notice within 48 hour, 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 6f the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 how- 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 I.I..MI.TATION. ANY DAMAGES RELATED TO DELAY WHETHER. BASED ON STATUTE, TORT, CONTRACT, OR. OTHERWISE, AND WHETHER OR,NOTARI.SING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BF. RESPONSIBLE FOR DAMAGE OUE 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 TH IS CONTRACT. 1.4, Notice. All fuotices 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. NVARNING: CAUSES SKIN IRRiTA'FION - 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, ATTENTION. KEEP OUT OF REACH. OF CHILDREN. MATERiAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWNAr TITANAMERiCA.COM. Rev'd 2-08 - TITAN CCONC_RF-�- • "Thank you - We appreciate your business` I ate ials for Life7 crate *, �����- r=4�ERC�. g� Delivery date Plant `, JTruck DrR,ver:'• . ` 't - Truck size 1 Type job � � � 13, E• k3 1 f�." , t iC�I`. F., i7CiUl;,�. AFi 4., o Pwr ('.1?I' Customer no:7 Customer -name.. Zone Tax CD 12410! 48B7 D13t�4n D CONCR1��.i_E Ct�NST ' I.,L_C; _ y " Tarmac project no. Customer P.O. no. Order no. Terms code.t-Charge delivered 3-C.O.D. Time dbe Zl S I B i CO--2 7 32 42khargeF.O.B. 4-C.O.D-F.O"B. Ll,i i I I Delivery name arid'address Lot Block County ;4G- I122`1 t-IORTH AU47 FT PIERCE: R Instructions OFF. AJ:':Gl fICJ I'FI CIE NC1R"IFS BF3?'DGE PAST PEPPER f-'i=il-KEEP G01t,1B slump PAST RIEGO,_ RD. , TO JOB ON 1,;F- 17 . Quantity . Product �' ; ; I U/M Unit price ��Amount Load Cumulative , •• Ordered Code' description Er, I IQ . -sae 1/10 ' C • OIZI cA11I 1,P,,t1.`,0G 9Q110 VIr-Al "P11 ,, �IIT c���� . r �.1*.I�J,T Fti�1�1 L>Lr1aC•I'.t-: '-. if .. t , ;� ,n Load Arrive,job site Start discharge Finish discharge Leave job site Arrive plant 4 , • J j .. r' } Subtotal Sales'tax . ' '. TOTAL, . , Additional water added to this concrete will redute IlMstrength. Any water added is at%customer's risk. Gallons of water added:. Gallons of water added: Gailons of.water added: Amt of CY Retained: Customer,Approval: Customer Approval: Customer Approval: Customer Approval: �Testeci Tested properlyNo. Authorizedddceiued .Yes' ❑-No . Q Yes ❑ No Lot: ,,I\afetyis a Constant state of mind, With. ; ;,\�ery employee feeling responsible Block:`' - , -- ' -d empowered to act to cause him Address: Correct Ivo�_� \ others to Work safel y,.on the. belief all accidents are preventable and `. Oro incidents is the only,goal. t j ' I , (':I ICTnnnFR r'OPV I / ,tMAC AME.RWA LLC TERMS AND CONDITIONS OF SALE I. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Bayer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Bayer's purchase order, are excluded unless agreed to by Seller in writing. Any changes mast 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 ofthe goods sold hereunder. 2. Payment -terms: Net the last day of the month following the month of delivery, without deduction. retainage, set off or charge backs. A cash discount of I % 1011, proximo may be deducted if no previous balances are past due. Interest at the lesser of 1 `/7% per month or the maximum race if lowed by taw will be imposed on outstanding and delinquent invokes from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery howl 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 oil full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is 11/ 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 MUtttally 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 front 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 arty right of subrogation against Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per trick for, (i) orders not cancelled at least one 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 "norm 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 accc rdance with ASTM. and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this liirtited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 71.8.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR. IMPLIED, iNCL.UDING WITHOLITLIMITATION TliE AA_RRANTIES OF MERCHANTABILITYAND FITNESS FOR. A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. TILE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY 9' Seller will not. be responsible for slump, strength or quality of any concrete to which water or other material has been added -by or"on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance witl7;taes! construction Iitactices. Seller has no ce:nnrcl over the plating or 1ttidling of concrete after unloading and does not guarantee the finished w,>rl i'ri,�hia}li it is uoc i1. t3uy.�r will be responsible to prevent concrete after n'iilhading from corning into contact with any .nnateriLd .,such as alnr tr<:unr �� tt cit Gila} jtiversely impact concrete strength. Buyer will furnish any mixtures (i ingredients it desires that are not regularly supplied -by the Seller in the marketplace. Buyer will be solely respon- s� sibit for the effect of such admixture or in rrcdietlis on the concrete. Any extra r.sclttct which lira be required in excess of the mix design noted or 6 P� Y q b quoted, )Wcli irta • be required to provide workabih} „5?rer 7th, settiri., time or• water/cement rhtio will result in an additional ingredient charge payable by Buyer. Y q p jg b P Y Y" c t Cotrir ,te will be batched and delivered Fn �; Ern"dance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- •° thins ut the time of delivery. Any requirement beyond these conditions will require the implementation of'controlled measures daring production at the expense of Buyer. ,1z E,,3 �ttyer 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 i'iier cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 4817ours after the customary +tune_for analysis of the test cylinder), titue 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 ofalt such claims against Seller. 13, SELLER WILI. NOT BE LIABLE UNDER ANY CIRCUMSTANCES .FOR. ANY SPECIAL, iNC.IDENTAL, PUNITIVE OR CONSEQUENTiAL, DAMAGESINCLUDING; WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ONT STATUTE, TORT, CONTRACT, OR OTHERWISE.,, AND WHET:ITER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT I. [ABILITY OR. FAULT. IN NO EVENTWILL SELLER BE RESPONSiBI..,E FOR DAMAGE DUE, TO THE.., ACTIONS OF Off IERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS: SELI,ER'S LIABILITY FOR ANY CLAIMS WELL. BE LIMITED TO 7`1-JE PURCHASE PRICE OF TLIE 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 Fainlvay Drive, Deerfield Beach, FL 33441. "I 1.5. Severability. The unenforceability of any provision of this Contract will not affect the clif6rceability of any other provision of this Contract, and each ether provision of 14,.. Contract will be severable and enforceable, to the extent permitted by' law. \ WARNING: CAUSE-5 �44 SKIN IRRi7Al1(?N [ION EYES, INS PORTLAND('FMENT FR.LQFl1,YMiXFD CONC'RFTE MAY CAUSE SKIN IRRITATION OR. INJURY. AVOID (ONTACTWITH SKIN TOSS'LBI_E. WASH .EXPOSED AREAA ROMPTLY WiTH WATER. IF ANY MIXTURES GET INTO THE EYE..., RINSE, IMMEDIATELYERAND GET PROMPT M.EDIC'Al.,ATTENTION. KEEP OUT OF REACH OF CHILDREN. "`� ;MATERIAL SAFE? V DAi"A SIfEETS (MSDS) ARI? .AVAII,ABLE A'i' WWW.T'i"fANA t7ERiC A.COM. TITAN cor��c�aE�r� Materials for Life® g . Mncretd "Thank you -'e appreciate your business 2724 1hJ1)Uf3'1 0r•1L DLYD Ticket no. 3426fJ4 ��gU1LD/NC z MFM 53 Delivery date Plant Truck I �.-7 r ` Driver J xsv "J r -/ Truck size Type job N",.7 t C'. / 1 Z :.G. t ax e• �`� I' - ti °i 1 i;5 h �1 Lill L']4�1 Customer no. I Customer name Zone Tax CD A6,1 rMAf-Ir.1-7 f1•�/ ("C'lhlr'I.tt�:"I'�: iU�.'A' i 1 0 TG: Tarmac project no. Customer P.O. no. Order no: ITerms code 1-Charge delivered 3-C:O.D. Time due :2171�;)A 1 I'`f 7-- �• �1 �_'a i(� hih .c li , 2-Charge EO.B, 4-C.O.D-F.O.B. .i 1 a •, 7 Delivery name and address Lot Block County --'IR.E' )Eli CJi:E; - N='F1l'E:I_ }60VI rNi.1Rj-H Alpl, F'r }-.Ei_RC y Instructions US - 1 0U7H j' 0 17*1 H ,j f GO Ef�S-r 10 P11 R GO c-30LI f H ON I iqj I f-1ik9 slump RIVEER E._UUGN 5. tWl __ _ ._ _ Quantity I I Product _ _.i °U/Ml Unit.price { Amount Load 1 Cumulative 1 Ordered I Code I Description I I AF'BbR::0'_500, #57 10 00 10 41L%i Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal po� � � Sales tax TOTAL 4dditional 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: Gallons of water added: I Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval: Customer Approval: Tested O Toasted properly I No. � ^ � � „ � � Ix Vthorized a�d�ceived��y�Yes No Yes No 6`��Ilt of =' r Safety is a constant state of mind, with every employee feeling responsible and empowered to ,act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: I Correct Not Correct ril IRTnKJ1FR (:nPV 1) AMERICA:LLC TERMS AND CONDITIONS OF SALE sales will be subject to these terms and conditions ("Contract") and, if buying oil credit, to tsuyer's credit agreement with Seller, incorporated herein -eterence: all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes st be in writing and signed by each party. ']'his Contract will be constru In accordance with the laws of the state of Florida. For all disputes relating this Contract, Buyer hereby consents to thejurisdiction and venue of thct Late and federal courts for the location ofthe delivery site of the goods sold .<.rcunder. .y Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1 % :10"proximo may be deducted if no previous balances are past due. Interest at the lesser of l'/,% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all. costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic yards. The minimum load for each delivery is F/2 cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives arty 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 tacks, 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 ot'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 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 WA.RRANTiE..S, WHETHER EXPRESS OR iMPL,IED, iNCL.UDING WITI-TOUT LIMIT!)TION THE WARRAN'FIES OF MF.,R.CHANTA_BIL.ITYAND FiTNESS FOR. A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY E.XCI,UDED. THE REMEDY SET FOR H IN THIS SECTION 8 WILL. CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental mid 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 ofthe 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 CONSEQLJF,NTiAL, DAMAGES .INC.LUDING, WITHOUT LIMITATION, ANY .DAMAGES RELATED TO DEI..AY; WHETHER. BASED ON STATIJTF_,, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOT ARISING FROM SELLER'S NEGLIGENCE, STRICT L.IA_BIL,ITY OR. FAULT. IN NO EVENT WILL, SELLER BE RF.,SPONSiBL.E FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH 1TS OBLIGATIONS. SELLER'S L,IABII,ITY FOR ANY CLAIMS WILL BE LIMIT'D TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT'. 1.4. Notice. All notices to Seller will. be sent in writing to the sales office issuing the price quotation, with a copy to Credit .Department, 455 Fait -way 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. NVARNING: CAUSES SKIN IRRi' iVFION - 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 MF.,DICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWNV TITANAMERiCA.COM. Rev'd 2-08 TITAN ; CONCRETE "Thank you - VI/e ppreciate your business" Materials for Life `� r " � Ticket no. Crete _ ` g FORT F- r7qE, FT PIE FL 34982 Delivery date Plant Truck Driver Truck size Type job 07/2C,/1,_, 62 13:4 _ILINSKI„ ROBERT IJ_ tr71 i1 SLAB M I Customer no. -Customer name Zone ' Tax CD 90004887 LiRFIIJLiY CONCRETE' ,t]Nil l._L IC <' ° T, ITarmac project no. I Customer P.O. no. OrderJ,ho. , Terms code t-Charge delivered 3-C.O.D. i ime tlue 43,71501 CO--i'839 / 4 tZ Of!-, ' 2jChargeF.O.B. 4-C.O.D-F.O.B. th9 4 48 Delivery name and address / Lot Block County SF RESIDENCE — PATEL 4600 NORTH A;I.A, F-r PIERCE. Instructions OFF 4` IA NORTH OF NORTH BRIDGE PAST PEPPER PARK, KEEr.' GOING Slump FIRST REGAL RDa , I O JOB ON LEFT. 5. Unit price Load Cumulative Ordered Code Description d 10. 171P1i ;vo 00 33,00 CAF B5R3025 0 C,57 CY J, 710 t3 +k i00. 7--,1F'U,FL SURCHO L.B �? 1 � 00 : = 80�,10114 °ENkt-.C: ROhi ,SURCI-i0 -L;D Load Arrive job site Start discharge Finish discharge ;. r Leave job site Arrive plant Subtotal r Sales tax TOTAL a . Additional water added'to this concrete will reduce its strength. Any water added is at customer•s.rlsK. IGallons of water added: Gallons of water added:_ Gallons of water added:__ I Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval: Customer Approval: Tested Tested properly No, I < Authorized and received/bey ❑ Yes ❑ ❑ f% No-"' Yes ❑ No I 6 u 061 ix i /f ✓�% if Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, .on the. belief that all accidents are preventable and that,zero incidents is the only goal. Lot: Block: Address: Correct Not Correct F:I IGTCIAAFR C:(1PV AMERICA LLC / TERMS AND CONDITIONS OF S� AyrE,ference. ales will be subject to these terms and conditions ("Contract') and, f0buiying on credit, to Buyer's credit agreement with Seller, incorporated herein all other terms, including any terms contained in Btuyer'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 bJZ ed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and vestate 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 montcry, without deduction, retainage, set off or charge backs. A cash discount of 1% 101, proximo may be deducted if no previous balances are pasest at the lesser of I ;A%per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the daluntil paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and re�r will be entitled to recover f om Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller.re1�� ht to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any C'owGV-�,or if the financial status of Buyer becomes impaired or deemed unsal- isfactory to Seller. Failure of Seller to exercise any of its rights wfed a waiver of any such right. 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday throug Jditional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Prices � r� loads: an additional charge will apply to Ioads of less than seven cubic yards. The nrhiimum load for each delivery is 1'.A cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate steel deliveries. Deliveryschedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's abilit, , dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer must provide suitable approaches to delivery points beyond paved st 1eets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tacks, and/or other property,,And For 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 subrogatiottagainst Seller. 6. Buyer is responsible far full payment of including all costs of disposal and Sellk's return charge per truck for, (i) orders not cancelled at least one hour prior to delivery tinge; (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 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, WHETH ER. EXPRESS OR IMPLIED, INCLUDING WITHOUT IMITATION TI-I E WARRANTIES OF M ERCHANTABILITY AN D FITN ESS FOR A PARTICULAR PURPOSE, ARE IIER,E.BY EXPRESSLY EXCLUDED, THE REMEDY SET FOIZ71.11 IN TI11S SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER T'IHS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf' of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, selling 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. 1.2. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours alter the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOT ARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR. FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR TI- E 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 UN'DERTHIS 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, F.L. 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. R'ARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES CONTAINS PORTi._AND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE, SKIN IRRITATION OR INJURY. AVOID CONTACT WITH SKiN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDiCAL.ATTI:NTION. KEEP OUT O.F R.EACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE 1T' E '1'VW.Ti'i"ANA;MERICA.COM. Rev'd 2-08 `^ ITAN C(�IIVCRIETE "Thank you = VUe appreciate your business" f / Materials for Lift° t Y1' yP Ticket no. crete J FORT PIERCE / �r199 .r-LLVITZ ROAD FT PIERCE, FL 34982 ry date Plant Truck 11) river Truck size Type job , rh7 f : !' '! x G. �l l t L,_'�A 0,r- .9 r nni li�l S' ; 1 9 �1 P]Ti Yah k.tv-u mer no. Customer name Zone Tax CD �atlCi� ii,6.,2�i 7 I Y�G3(5l.Iiltl e riP0 or:* Tarmac project no. C_ustomerP.O' no. I r fl F1 � 0 Ord ;po. Terms code 1-Charge deliver6d-;3-C.O.D. � r 1.17_10_+'_'-� I ' 2iCharge F.O.B., 4C.O.D -EO.B. Time due. Delivery name and address - , .. 1 Lot Block County SF REG I DENC E - 4`1 POTe L 4600 r'`+ORTFI AIFt, ! F`r PIErME - Instructions OFF AI A NO�TH OF 'NORTH BRI' GE PAST PEPPER R PARK, KEEP, GOING Slump PAST REGAL RD. , TO JOB 01\1 LEFT.- .- 5. 171Q Unit price � 1 Amount Load Cumulative Ordered Code Description 1 1 r 1710 2.00 30 , 17i(7i ' CArr SSR: 0, 2500 # 57 CY :i ; ,!Alta IS1711 I007' FUEL SUIRCH13 Liz 1, 17a71 0 IC1! 1 A.•' E NV I RON SU CHO' LD Cis , c� Load f Arrive job site Start discharge Finish discharge Leave job site Arrive plant Subtotal U' 111 Sales tax TOTAL Additional water added to this concrete will reduce its strength. Any water adde i�ls at customer's risk. Gallons of water added: Gallons of water added: Gallons of water added: Amt o CyfRetamI Customer Approval: Customer Approval: Customer Approval: I Customer_Approval: _ Tested Tested properly � O O O P O Y I No. 6 6 7 0, 0 18 X thOrized a ervgd I- V Yes No Yes No I�(4� jr w/ / Safety is a constant state of mind, with every -employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct r1r rernneDD r%nov C AMERICA LLC s TERMS AND CONDrTIONS OF SAL, sales will be subject to these terms and conditions ("Contract") and, if buying Oil 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 dispute reltlt3;ttg I 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 d hereunder. 2. Payment terms: Net tite last day of the month :following the month of de cry, without deduction, retainage, set off or charge backs. A cash discouuit of 1 % 101' proximo may be deducted if no previous balances are past due. IVest at the lesser of I `h% per month or the maximum rate allowed by law will be imposed on outstanding and deluiquent invoices from the (late of delivery utetil paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remediq, Seller will be entitled tb recover from. Buyer all costs of collet tion and litigation includihC;, but not limited to, reasonable attorneys' fees. Seller re-arv6s4&,1 rir ht� o require payments in advance or to cancel tfie unfilled portion of iw,,, Contracktthotat notice in the event of Buyer default of any C'oaataact prMa isibis. Qr,if the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Tailure of Sel.ler'to ch4rcise any of its rights wall not be deenid a waiver of any such right. 3. Regular delivery hours arc`7:00 a.m. - 5 00 lmn.,'Monday throu I r iday. An addtttgnal charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Price based on nu,n full loadsadditional charge milt apply to loads of less than seven cubic yards. The minimum load for each delivery is 1 V cubic yards. 4. Buyer will giye Seller at least 48 hours prior notice of the time and t bf reo` tested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be'made to the best of Seller's b lity tc �ispatch, however, Buyer wa%s any claims associated with any delays in delivery. } 5. Buyer must provide suitable approaches to delivery points beyond pavedjjj�-ets. For delivery beyond curb lines, Buyer assumes all liability for damage to vehicles, sidewalksi driveways, pipes, septic tanks, andior other prope f, and Buyer will indemnify and bold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation, against Seller. 6. Buyer is responsible for full payment of including all costs of disposal and Seller's return charge per trek 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. I \, 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form tneasurement' ineasured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection jar tests made J�,v or on behalf of Buyer. 11 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 Willi ASTM and evaluated byAC'.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 THE WARRANTIES OF MERCHAN'TABiLITY AND FITNESS FOR, A PART'1CULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THL REMEDY SET FORTI I iN THIS SECTION 8 WILL CONSTITUTE 'THE SOLE REMEDY OF BUYER UNDERTHIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work iA 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 the fnarketplace. Buyer will be solely respon- sible for the effect of such admixtirre or ingredients on the corlprpte. And cxtr ct which may bc�required in excess of the mix design quoted, or Which may be required to provide workability, si ength,'§etting time or wat".t/c :,1 t ratio, will result, r jan additional ingredient charge payable by Buyer. 1.1. Concrete will be batched and delivered in accordance with ASTM C 9`. C re%-!te' iperature will be dictated by the environmental aid material condi- tions at the time of delivery. Any requirement beyond these conditi'<nis equa'r R ie implementation of controlled measures during production at the expense of Buyer. ` = 12. Buyer must give Se4:written notice within 48 hours a1'tct deriver) of izi y claim a'gamsi Seller as a result of any alleged nonconforming materials or ally other cause whatsoev (other than failure to meet compressive strong ; n which went t)!5,time: for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Se r will be given r,4,og4ble Opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be do d a conclusive vv aivcr py Buyer of all such claims against Seller. 13. SELLER WILL. NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPE.CiAL. INC'IDF.NTAL. PUNITIVE OR CONSEQUENTIAL DAMAGES .INC:'LUDiNG, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE. TORT, CONTRACT, OR OTHERWISE. AND WHETHER OR NOT ARISING FROM SELLER'S NI GLIGENC'E. STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WiTH ITS OBLIGATIONS. SELLER'S LIABILITY FORANY CLAIMS WILL BE IAMiTED TO FHE PURC'HASE., PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to th.e sales office issditig the�,iricc quotation, with a copy to Credit Department, 455 Fairway Drive, Deertiela Beach, FL 33441. 1.5. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision ' "+ <intract, and each other provision of this Contract will be severable and enforceable to the extent pefn itted by law. WARNING: CAUSES SICIN.[k2>[*I'AT'[ON - INJURIOUS TO EYES, CONT'�1fNS PORTLAND CEMENT. FRESHLY MIXED CONCRETE Iv.I�AY CAUSE SKIN IRRITATION OR INJURY. AVOID CC7. TACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH vVATER. IF ANY MIXTURES GET INTO THE FYF..., RINSE IMMEDIATELY WITH WAT. ER.AND GET PROMPT MEDICAL,ATTFNTION. KEEP OUT OF REACH OF CHILD. . MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAWL kBLE AI �1'�" CHILD*. Rev'd 2-08