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Home My WebLink AboutTARMAC INVOICE - 4-13-12arm a A TITAN AMERICA,BUSINESS HERITAGE CONTRACTING SERVICES 6008 INDRIO R'D #2 FORT PIERCE/ FL 34951 FILE COPY 274548 04/13/12 592477 ! c tog -C)aq( PO # 105 ST LUCIE COUNTY MISCELLANEOUS 105 S.CARDINAL P.L. �+n//��`' FT-: P',IERCE, FI: �+VAiVNE® BY St Lucie Copr SFEtPrtNtx DESCRfKIMO i .Btt_:thq ia rA?tcQ�i%�,� MO Dn ...,NLia1M1M1Ei5R �31RStsIBfR�'� .rt;�..3,,w,�,��"�vx; .4.�,'..;"x;...,.� ;.`h..,...x,,?,., ,..:',.QUAi�tT1T�',....,ti11+PE C,,•'LiDF1T,P.?i�c�, .�. 628 - FORT PIERCE RMC 04 1 8-8747 CAGB5R30 3.000 .#57 10.0 0 CY 73.001, 730. 00. 04 1` 88747 100911 MASTERFIBER F100 - '0.75 L io.6o CY 4.00'' 40.0:0 04 1 88747 9821 FUEL SURCHARGE 1.0'0 LD 29.00 29.00 04 1 8`8747 9820 STATE ENVIRONMENTAL SURCH 1.00 LD 10.00 10.00 04 1Z 288746 CAGB5R30 3000 *57 11.0c CY 73.00, 803.00 09 1_ 88748 100911 MAS'TERFISER F100 - 0.75 11.0c CY 4.00 44.00 09 12 288748 9821 FUEL SURCHARGE 1.0C LD 29.00 29.00 09 12 286748 9820 STATE ENVI'RONME14TAL SUIRCi- 1.0' LD 10.0.0. 1,0.00 04 1 88749 CAGBBR30 3000 #k57 6.0,.0 CY 73.00 438.00 04 1 86749 100911 MASTERFIBER F100 - 0.75 t 6.0c CY 4.00 24.00 04 12 288749 9821 FUEL SURCHARGE 1,.00 LD 2.9-00 2.9-00 04 1 88749 9820 STATE ENVIRONMENTAL SURCH 1.0C LD 10.00 10.0.0 04 1 88750 CAGB5R3 , 3000 #57 2.0' CY 73.00 14:6.00 04 12 2887SO 100911 MASTERFIBER F10-6 - 0.75 1 2.0 CY 4.00 8.00 04 1 288750 9821 FUEL SURCHARGE 1.0':LD 29..0,0 29,.00 04 1 Z 288750 9820 STATE 'ENVIRONMENTAL SURC 1.0c LD 10.00 1.0.00 PRODUCT RECAP CAGB5A3M -3000 #:57 29.10' , 100911 MASTERFIBER F100.'- 0.75 IS 2.9.0 9821 FUEL SURCHARGE 4.0 9820 STATE ENVIRONMENTAL SURC A 4.O NET TOTAL 2389-0.0 P E SE NOTE - REMITTANCE STUBATBOTTOM OF INVOI E SALES TAX 15S.31 .UNIT ) MEASURE CUUtS ' BG - BAG 'LB - POUND RX - BOX LO - LOAD SaleLSman MATT DAVITT CY - CU. YD. M -THOUSAND Tax Exempt # 29 EA - EACH FT - FOOT OZ - OUNCE AL - ROLL • - --- Job # 66010,9 GL -GALLO TN TON DISCOUNT .MAY BE TAKEN A SERVICE A_C_COR_DA_NC_E_WIT_H_T_HE_ � ARGE SHALL BE IMPOSED ON INVOICES NOT IF PAID BY 05/10/2012 _ PAID- IN STANDARD TERMS, 'AT THE RATE / PER .MONTH _ -- 1 'S -`-----------------------------�---------- ----_ j- TO ENSURE PROPER CREDIT TO _OF. YOUR ACCOUNT, PLEASE RETURN REMITTANCE STUB WITH YOUR PAYMENT. ei ■ Cac A TITAN AMERICA BUSINESS DISCOUNT .MAY BE TAKEN IF PAI=D •BY 05/10/2012 E.:.;; FULL AMOUNT DUE BY 05/.3.1/2.012 ::'RWIT T- • PAYMENT INQUIRIES (800) .226-8167 BILLING INQUIRIES (800) 738-5894 .: Tf7tAb.l?UAfitl`t;TY ,UiFil'< s-.::C'L)a`�i`(1111>Ei t IS.".' .. ,�, iNY.OiC� iYATB ,: ✓ : EN'l+{'jiCE `iai'tJivtBER F ..>`p1SC'Ovt1 r "' . .iP1�O�i':l;E�TOTAL .:. 27 454-8_ 1Z411.31'L� -S_4? 4 7-7 TARMAC AA1L'RICALLC P.O. Box 271468 Atlanta, GA 311384'-9468 Tar'm''ac "Thank you - We appreciate your business" -A Titan America"B'usiness FORT FIERCE RMC 4199 SELVIT2 ROAD FT PIERCE, FL 34982 (800) 28 b — 34'34 Ticket no. 288747 Delivery date • Plant Truck Driver .Truck size Type job 04/13/12 1 628 13031 GILCHRIST. DU.A>l�>�~� 1Q � SLAB ON no. _ .- . Customer name Zone Tax CD ICustomer 274548 I HERITAGE CONTRAC T IMG SERVICES> ----�- T5 ,, ITarmac project no. Customer P.O. no. Order no. Terms code �l'Charvgo i eyed 3-e.O.D. Time due 660109 I 105 8913 J(2-Cha ge FO.B, 47C.O.D -F.O.B. / 05 - 00 11 9 Delivery name and address ff ST LUCRE COUNTY MISCELLANEOUS Lot Block/ County 105 5. CARDIDIAL PL., FT. FIERCE Instructions ORANGE AVE. , JUST FAST ROCK RD, ON RIGHT. CALL WHEN E P T°Y o Q 9 slump 5.00 Quantity Product ,U/M, Unit price bAmount Load Cumulative Ordered Code Description 100C 10.00 22.0) CAGBr R303000 ,x57 CY 10. 0C 1.0E 100911 NAS` ERFIBER F100 — 0. , 5 ICY 9106 AN CHARGE EA � 1. OC 9820 STATE; ENVIRONMENTAL SI RCI LDG 1.0E 9821 FUEL SURCHARGE LD ' 4 I Load , Arrive job site discharge Finish discharge Leave job site Arrive plant ;Sr Subtotal Sales tax TOTAL 61ts gth. Any is Additional water added to thisl. Gallons of water added: I Gallons o oncrete will redu stre water added at Gust. omer's` risk. grater added: Gallons of -water added: Amt of CY Retained: - I Customer Approval:CustomerApproval: Customer- Approval: Customer Approval: Tested Tested properV ❑ Yes ® No I ❑ Yes ❑ No v No. 650313 U Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others �o work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Authorized and received by X �a r Block: Address: Correct Not Correct ra ISTO MFR rinpY TARMAC AM_E , RICA LLC TERMS AND CONDITIONS OF SALE f, , 1. All sales will be subject to these terms and conditions ("Contract") and. if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference, all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writirib. Any changes trust 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 % 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 f. on.�..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. r 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 _]'12 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 wit ,tarty delays in delivery. i� , 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 an6a jainst 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 airy right of subrogation against Seller. ! IlI 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 mcasureme'rit" or measured "in place". Yield will be established in accordance with applicable ASTMM 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 Arnerican 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 WARRANTi..ES, WHETHER. EXPRESS OR. IMPLIED, INCLUDING WITHOUT LIMITATION TIIE WARRANTiES OF MERCHANTABILITY ANT.) FITNESS FOR. A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SE'T FORTLI. IN THIS SECTION 8 WILL` CONSTITUTE _;14E SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY i 9. Seller, will not be responsible for sl u ip.''stxength or quality pf 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 placuig 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 aluminuin, which may adversely impact concrete strength. i , 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 designs quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional in edient charge payable by Buyer. IL Concrete will be hatched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the inn ironmental andlmaterial 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,rnaterials 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 WILI, NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, iNCIDF..,NTAL, 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 NEGLIG.ENCF. STRICT LIABILITY OR FAULT. IN NO EVENT WiLL, SELLER BE RESPONSIBLE FOR .DAMAGE DUE TO, TLIE ACTIONS OF OTHERS OR THE FAILURE OF BUY-R 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. I1 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 acid enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRiTAT'ION - 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..EDI.CCAL, ATTENTION. KEEP OUT OFREACH. OF CH.11,DR.EN. MATERIAL SAFETY DATA SITEETS (AVISDS) ARE AVAILABLE+' AT' WWNV.T'1'I'ANAI.IERiCA.COM. Rev'd 2-08 Tar, m a, c "Th-ank you -We appreciate, your business" A Tita America Str5iness Ticket no. FORT �XERCE "C 4199 OELVITZ ROAD 288747 PT PIERCE, FL 34982 (800): 281-3434 Delivery date Plant Truck I Dover j.TrLxk size Type lob 044 1 13/12 628 .130:3 GILCHRIST, DUANE 1 10.00 1 SLAB ON Customer no: . customer name zoirie Tax CD 274548 HERITAGE CONTRA&ING SERVICES_ I — - Tarmac projcn no. C P.0 Order no. Ti Time due Customer . . W. cm code A-Chara-iiA%Ved R-C'O.P.. I 105 8913 1 lthup.- P.O.s. 4-C.O.0 4.0.9. 1, 05:20 Deflvery nan e and address i Lot Block County ST LUCIE COUNTY MISCELLANEOUS 105 S. CARDINAL PL. , FT. PIERCE fratnxtlom ORANGP- AVP. . JUST PAST ROCK RD. ON RIGHT. CALL VHEN EMPTY I I I Islump ro mpmvg;� r4w t? Load Cumkilatiie Ordered code.Description 1P. OC 10.00 22.0 CAGS, R3031000 #57 CY 10. 0� 1009JI MASTERFIBER 3:100 - 0iJ54CY' 9106 Alf CHARGE E& 9820' STATE EXVIJONKEHTAL SLRCILD.G 9821 FUEL SURCHARGE LD Load Arfrvejob site St discharge Finish discharge' Leave job site Arrive plant subtotall 142 Sales tax TOTAL kdditiona water added to thl oncratewill re I St trtfi.,Xwater difed 15a" tamer's risk. Gallons of water added: I 301one , atefadded;— Gan. - eradded: AmtofCYRLtalned: CultrjmerApp.1: cmtomg 4pproval.,_ Customer Approval: i CtLtbmer vak Tened Tesled propc "o' 5031-37Ix I 6 Authorized and received by :1 Y& Q Yes 0 No _ Safety its a constant state of mind, with every employee feeling responsible and empowered powered to act to cause him and others to work safely, on the belief that all laccidents are preventable and that zero incidents Is the only goal, Lot; Block: I Address.: - Correct Not Correct HOME OFFICE . i I - I I II�"nJ,f a I V i "Thank you -Vile appreciate our business" Y PP Y A TitanlArneflca Business Ticket no. gwAcretd FORT PIERCIiti RMC 4199 SELVITz ROAD 288748 FT PIERCE FL FL 34982 (800) 281 3434 ,EUvery date Plant Trudr DriverI. Truck dza Typa job 04/13/12 628 1479 PE E2, ER_ NEST 11. r00 I SLAB. CN ustomer no. I Customer name Zone lax CD 274548 'HERITAGE CONTRACTING iSERVICES I T5 armacproject no. Customer P.O. no. Order no. Termsrodzs{harg?de'iertd 3Co.0 Time,due 660109 I 105 I. $9 I3 f 14x-CinrgeFo,a. t-C.o:o-P.o.e. 05' 20 ry narnz and address ST LI UCIE COUNTY MISCELLANEOUS 105 l5. CARDINAL PL. , FT. PIERCE ORANGE AVE. , JUST PAST ROCK RD, OIL .11.1.10 21 Ii. 0 CAGB! 10093 9820 982L 00 4..57 Lat 8iock County . CALL WHEN EMPTY 1,1 1 slump 1 MASTERFIBER F100 — 0 STATE IENVIRCHMENTAL FUEL SI RCHARGE I I U7) gad Arrive -job site Start discharge Mrsh discharge Leave job site Arrive plant t Subtotal j II sates tax .2o 2 TOTAL ddi'VoK3 water ad&d to this concrete will reduce its strength. And water added is at customer's risk. allons of water added Ga Ilons of water added: ,-,-_ Gal Ions of water added; Am of LY Retained; ustomer Approval: Customer Approval: Customer Approval: - Customer AppraVal; coed Tested properly No. ! Authed and received by J Yes N [_f Yes 0 No I 6503138 i I >{orizA Safety is, a constant state of mind, with every errlployee 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: 1 Correct Not Correct - --- -- --.L- Tarmac A Titan America Business I k "Thank you - We appreciate your business" Ticket no. gvMcrete" FORT PIERCE RMC 4199 S9LVITZ ROAD 288749 FT PIERCE, FL 34982 (800) 281-3434 Delivery date Plant Truck I Driver Truck size Type job 04/13/12 628 1303 G.ILCHRIST. DUANE S.00 SLAB ON Customer no. Customer name Zone Tax CD 274548 I HERITAGE CONTRACTING SERVICES T Tarmac project no. Customer P.O. no. Order'no, Terms code t-Charge delivered 3-C.O.D. Time due 660109 I 105 8913 I 1' 2-Charge F.O.B. 4-C.O.D -F.O.B. 05 9 54 Delivery name. and address Lot Block County ST LUCIE COUNTY MISCELLANEOUS 105 S. CARDINAL PL. , FT. PIERCE Instructions ORANGE AVE. , ,BUST PAST ROCK RD, OkA RIGHT. CALL WHEN EMPTY M Slump 5.00 I - -Quantity �u �- { Froduct U/M Unit price Amount Load Cumulative Ordered I Code Description I I I G. 012 27.00 27.0) CAGBM303000 957 CY 6.0Q 100911 HASTERFIBER F100 - ®. 5 ICY 1. Oc 9820 STATE ENVIRONNEXTAL SI RCI LDG 1.0C� 9821 FUEL, SURCHARGE LD I C� I Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant •-r Subtotal `Sales tax T0,TAL Additional water added to this concrete will reduce its strengthz Any water addedlis at customer's ris Gallons of water added: Gallons of water added: _ Gallons of water added: Amt of CY Retained: _ Customer Approval: Customer Approval: Customer Approval: Customer ApLroval47 Tested Tested properly No. Authorized'a d•r"ec'eived-by f ❑ Yes ❑ No. ❑ Yes ❑ No 6503 1 39 � Xv.-'��s / 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: N Correct Not CBrrec Cl jSTnMFR MPY TARMAC A11' ERICA:LLC TERMS AND CONDITIONS OF SALE . a 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference: all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating - to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site o f the goods sold hereunder. 2. Payment tetras: 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 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. Setter 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 orjdeemed 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 111; cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery scheduleslwill be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of, Seller's ability to dispatch, bowever, 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 dice to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time ol'diselrarge 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. ALL OTHER WAR.RANTiES, WfaTHER. EXPRESS OR. iMPLIED, INCLUDING WIT] [OUT LIMITATION THE WARRANTIES OF MF.,RCHANTA-1311ATYAND FITNESS FOR. A PARTICULAR PURPOSE, ARE HEREBY .EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDERTHIS 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 oyer_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 Setter 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 Iquoted, 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. 1 1.3. SELLER WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES iNC'LUD1NQ WITHOUT LI..MITATION. ANY DAMAGES RELATED TO DELAY, WHETHER. BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER. OR NOT FROM SELLER'S NF.,GLIGF.,NC E, STRICT LIABILITY OR. FAULT. IN NO EVENT WILT, SEl.,LF.,RBE RESPONSiBI._E FOR DAMAGE DUE TO'THE ACTIONS OF OTHERS OR THE FAII.,URE OF BUYER TO COMPI:Y WITH ITS OBLIGARONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO'FitE PURCHASE PRICE OFT[ I E 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. 1.5. Severability. The unenforeeability 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. i 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 IVIEDICALATTENTION. KEEP OUT OF REACH OF CHILDREN. NINfERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE Ai' WWWW?TiTANAMERICA.COM. Rev'd 2-08 1 Ta m, a c rk _ rr Think youWe appreciate your business" A Titan America Business Ticket no. FORT PIERCE RMC 4199 SELVITZ ROAD 298749 FT PI-ERGE, FL 34982 (600): 281-3434 Delivery dati Plant Truck Driver Truck size Type job 041i13/12 1 628 13031 GILCHRIST, DUANE G.00 SLAB ON Customer nd. customer name Zone Tax CD 274548 f HERITAGE CONTRACTING SERVICES I� T5 a Tarmac project no. r•oo. Customer P.O. no, Order no. lerrra code 1•ch0rg; 644red Nme ue 6110109 105 8913 _l 1 1 2-C rp3 F.P.R. i{.O.D{.O.A.. OS i 54 Delivery name and addre s Lot &lock County ST ILUCIE COUNTY 11ISCELLANEOU5 105 S. CARI)THAi. PL. , FT. FIERCE lnnructions ORANGE AYE. t JUST PAST ROCK RDA Old 'RIGHT, CALL WIDEN EMPTY 1 t t Slump 5.00 ,� r._ :�: �L7uaptity�s�•>"rF' _ ��t�� 3 � ��'iouit•� �,., °r•::�� •tGv�:=A�g -� > rt.,:`?t'�s�'`s�: -F•.'"-.K.,;{ 7-� �e.-- :s�K.T-3•- � Uti fice>.�.• � '�`,. i Load I I Cumulative i ordered i Code 1 Desceibtion 1 1 I CAGE R30300.0 4#57 1009 1 HASTERFIDER F'100 — 0. 9820 STATE ENVIRANIIEHTAL E 9821 FUEL SURCHARGE CY LDG x„ LD cn M Load Arrive job site Start discharge Finish d6thargil Leave jobsite �— Arrive plant i r O� •i subtotat TOTAL Additional water added to this concrete will reduce its strength. Any w eraddled it to omer's ris Gallons ofwater ter added__ Gallons ofwater addod _ Gallons of grater added: _,__ I Arm of _ Ae fined. Customer Approval: Ctmomer Approval: �`Cust(ojmer A']pp�roovat , ustamer Ap ova Tested TeKed properly I NO S:] lJ .d. �? v� I Atlthori7, Q Yes. 0 !No [� Yes .D No. Safetyllis a constant state of mind, with every employee feeling responsible and empowered to act to cause him and ot�ers to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Vock: Address: Correct HOME OFFICE Not Correct Tarmac' A,Titan America Business "Thank you - We appreciate your business" FORT PIERCE RHC 4199 SELVIT2 ROAD FT PIERCE, FL 34982 (800) 281-3434 Ticket no. 288750 Delivery date Plant Truck Driver Truck size Type job 04/13/ 2 628 1 13031 GILCHRIST, DUANE 2.00 SLAB ON ICustomer no. Customer name I zone Tax CD 2745-18 I HERITAGE CONTRACTING SERVICES = - __ _ [ 5 ITarmac project no. Customer P.O. no. Order no. Terms code 1-Charge delivered 3-C.O.D. Time due 660109, I 10,E 1 89,13 I 112-Charge F.O.B. 4-C.O.D -F.O.B. 07 -. 21 Delivery, name and address Lot Block County 5T LUCI'E COUNTY MISCELLANEOUS 105 S. CARDINAL PL. , "FT. PIERCE Instructions ORANGE AVE. 'jbs'r PAST ROCK RD, ON RIGHT. CALL WHEN EHPTY I I ; slump 5.10 �-Quantity Product—�^} U/M IUnit priceAmount Load Cumulative I Ordered I Code I Description 2. 2. 1. 1. CAGB' Y 009: 9820 9821 9455 R303000' 957 ? MAS°TERFIBER F100 - 0. STATE ENVIRONMENTAL E FUEL SURCHARGE SHORT LOAD CHARGE CY 5 ICY 9GI LDG LD LD Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant . 2 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: j Gallons of water added: Gallons of water added: Amt of CY Retained: Customer Approval: Customer Approval: Customer Approval: Customer A�7 Tested Tested properly 4 ❑ ❑ I 6503140 No. Yes �No Yes No 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 by 0 Nonor, ,ct`slo GOO CUSTOMER COPY TARMAC AMERICA LLC TERMS AND -CONDITIONS OF SALE I. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, ire :fir,•, ,ed,hr :ein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing.., must be in writing and signed by each party. This Contract will be construW -in accordance with the laws of the state of Florida. For all dispL',_ ielating 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,dellvery„without deduction, retainage, set off or charge backs. A gash discount o:( 1 % .1011i proximo may be deducted if no previous balances are pest dub:lnieresf a ihl lesser of 1'/,.% per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the da,:: 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 iinpaired 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. i 3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday thrwr gh Friday. ,An additional charge may be added for deliveries outside of these hours and for any waiting/unloading periods in excess of 60 minutes. Priecs are based 6n full loads; an additional charge will apply to loads of less than seven cubic " yards., The minimum load for each delivery is 1 1/ cubic yards. 4. Buyer will give Seller -at limst48-hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agree' upon between Setter and Buyer. —:Deliveries will be made to the hest of Sellei's,ability to dispatch, liowever, Buyer waives any claims associated with any delays in delivery. 5. Buver must provide suitable approaches to delivery points beyond paved �streots For delivery beyond curb lines, Buyer.assumes all liability for damage to vehicles, sidewalks, driveways, pipes, septic tanks, ancj/o`. ether property, i(e. Buyer will indemnify and. hold Seller harmless from and against any and all liability, loss and exrierise 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'misconduet. 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 chargeper trick for, (i) orders not cancelled of 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 afthe 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. Iiu; er will pay all charges incident to inspection or. tests trade 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 1 r»oet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ('`ACI") `standards, when tested in with ASTM. and evaluated byACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warraur , wi hr one yea' 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 WARRANTi.F...S,OF MERCHANTABILITYAND `FITNF;`, . 3R. A PARTICULAR PURPOSE, ARE IIEREBY EXPRESSLY EXCLUDED. TIIE REMEDY SET FORTH IN'f(I1S SECTION 8 W1LL CONS't": ITITE TIIE SOLE REMEDY OF BUYER UNDER THIS LIMITED IWARRANTY, 9. Seller will not be responsible for slump, strength or quality of any concrete to which Nvatei 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 ovel, the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will �e 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 andlmaterial 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 ttiaterials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be,witbin 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. i, 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. i. 1.3. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR C,ONSECIUENTIAL 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 Fim_T..IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE. TO Ti]EACTIONS OF OTHERS O.R THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMIT ED TO TIIE, PURCHASE PRICE OF THE_GOODS SOLD 'UNDER `I'I IIS CONTRACT. 1.4. Nofice.' All tioticesyto Seller will be sent urn writing to the sales office issuing the price quotation, with a copy to Credit Department, 455,1Fairway Drive, Deerfield Beach, FI._ 33441. , i 15. Severability. The unenforeeability 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 PO.RTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION OR INJ URY. AVOID CONTACT WITH SKiN WHERE POSSi..BLE. WASH .EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE,INIM.EDIATELY WITH WATER. AND GET PROMPT MEDICALATTENTION. KEEP OOT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TITANAi' ERICA,CONI. Tarmac A Tlt?n America Business urOayQ Q G you • .tr ♦ • yr' t'��Ml3�R Ticket no. e FORT ,FIERCE RMC ' 4199•SELVITZ ROAD 288750 FT PIERCE, FL 34982 (800'): 2$1-.3434 Deliverydat�'�e Plant Trull Diiver I Truck size ITypejob 04/,13/12 628 1303 GILCHRIST, DIJAN2_1 2.00 SLAB ON Customer n QI. Customer name Zone Tax CD 274548 HERITAGE CORTRACTIHG SERVICES TS Tarmac ra ect no. j CGstOmer P.o• no. order no. Tents code 1- Time due P )� I t Cnsr dttvered X.O.O. 66�109 tQS 891.3 07 21 Delivery name and address lot Block County ST ILDCIE COUNTY t41SCELLAHEOUS 104 S. CARDINAL PL., FT. .FIERCE Instructiotts ORANGE AVE. , JUST PAST ROCH RD, DN RIGHT. CALL WHEN EMPTY E ! t Slump 5.00 .::g :.xa•>• _':&. _ r t€ v....�$..r. c.[Ptbdi._... �. � Ip $ •X.yoFsi] Load Cumulative Ordered Code Descnpkiw 2.012 29.00 29.0 CAG$ R303000 #57 CY 2. OQ 100931 HASTERF IBER F100 - 0. 5, 1 CY 1.09 9820 STATE EHVIRONMERTAIL 5 RC LDG 110Q 9621 FUEL 5URC14ARGE LLD' 1.0 9455 SHORT LOAD CHARGE LD • •a ^rl 7- )ti Load Arrive job site Start discharge Finish dischArga Leave job site Arive plant Subtotal Sales tax TOTAL ldditionall water aldded to this concrete will reduce its strerigth.,Any water added is at customer's risk. Gallons of Water sddedt r`_ Gallons all waxer added: _ Gallons of water added: _ I Amt of CY i 'ed: Customer Approval: Customer Approval; Customer Approval: Clgd..4prova Tested I Tested Property I No. A26zed a clue by Yes [ I(NO 0 Yes ❑ lio Il 6503140 I Safety is a constant state of mind, with every employee feeling responsible and a mllpowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that Z�ro Incidents is the only goal. Lot: - Block-' Address Correct HOME OFFICE Not Correct