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HomeMy WebLinkAboutCONCRETE INFORMATION- 1 2016 A T®TAN'- 1/ CONCRETE. Materials for Life° "'Thbrik-yotu" We appreciate your business" gnmade SCANNED FORT ` RCE BY 4199 EVITZ ROAD St. Lude CountV. FT PIERCE, FL 34982 Delivery date -plant Truck Driver - - 04/01%16 638 I i'cr17 WRIGHT, RAYMOND Customer no.0006446 - Customer na 9I Gme OLD CONSTRUCTION INC. Ticket no. '83737 Truck size Type job 11.0E SLAB ON e Tax CD . I T� tarmac project no. Customer P.O. no. Order no. Terms code 1-Charge delivered B-C.O.D. Time due 4603e�5 96454 I I2ChargeFO.B. 10 W9 4C.O.D-E03. Delivery name and add ess ry 5I. LtSt IF_ COUNTY 2016 Lot Block CounTy 8060 PLANTATION LAKES DR, PORT SAINT l_UCIE -�I I Instructions ft HUl W IV l]LHUC� 4U I 1-I' ItL I UWHr<L S J I YsAN -tCL I Ur<IV LILtr I�Slumllp ONTO RESERVE BLVD TURN RIGHT ONTO PLANTATION LAKES 5.01 Quantity __ _ _ ,�ProcY. -du— - - - — ----------- - ._-w UMi': Unitprice ��Amount - Load Cumulative Ordered Code Description - 11„00 �7.00 97 00 CR[95R1A3000 a-57 Z60 CY rs 110141 80(,007 FUEL SURCHG LD 806 014 ENV I RON SURCHG LD .i r� 4V L Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant 1/ U O`/ 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: Gallonsof water added: Gallons of water added:._ Amt of CY Retained: -. Customer Approval:_Customer Approval: Customer Approval: CuA.meo-Approval: Tested Tested properly No. Authorized and je��Gd�b,y rn ❑Yes ❑No ❑.Yes ❑No I . 7295949 IX ,Y {pt p Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct TITAN FLORMA LLC TERMS AND CONDITIONS OF SALE I. All sales will be subject to these terms and conditions ("Contract') and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference: all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing, Any changes must be in writing and signed by each party. This Contractwil l be construed in accordance with the laws of the state of Florida. For all disputes relnting 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 temrs: 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 % I V proximo may be deducted if no previous balances are past du terest 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 •livery 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 remedl s, 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 wilfapply 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 43 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 otherproperty, and Buyer will indemnify and hold Seller harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per truck for, (i) orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement' or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. S. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("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 719.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING W IT14OUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LMITED 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 miloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be. solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION. ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted bylaw. 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 DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TITANAMERICA.COM. Revd 2-08 . TLTAN i COIVCISETE Materials for Life° gcrete "Thank you:::- We appreciate your business", FONT PIERCB,,f 41 `99 SELV71-7' ROAD FT i"IF--RCE, • FL 34988 Ticket no. 283728 Delivery date - 'Plant - - Truck + ` , - Dri4er _ ! - Truck. size Type job o4/01/16 6.�8 13;Eri ` DAVIS WILL AM 9 10.niG SLAB Oh Customer 'no: 9Olb06446 Customer name: - I POLO CONSTRUCTIfy INC. Zone Tax CD I T: Tarmac project no: - Customer P.O. no. q Order no. Terms code - ,Charge delivered 3 C O.D. 46@d25 I 9G45�r I Ij-ChargeF.0.9. 4CO.D-F.O.B. Time due 09^20 Delivery name and address Lot Block CounTy LUCIE COUNTY 804T_r F! 80/6l.ANTATI,QN LAKESAKES DR, FORT SAI!`!T LUCIE Instructions HEAD SW ON GLADES CUT OFF RD TOWARD S JENKINS RD TURN LEFT slump ONTO RESERVE BLVD TURN RIGHT ONTO PLANTATION LAKES 5.012 --- — Quantity Product I UJM ---- Unit pace. IAmount Load Cumulative Ordered Code ,Description 10. pig 16.00 88 00 CA[ 95R1A3rr00 t757 7GO CY 1. I,4`1ili BOO 007 FUEL SURCHG LD , 1.00 8012,014 ENVIRON SURCHG LD .i CA ,t Load Arrive job site Start discharge Finish discharge Leave job site Arrive plant subtotal rr� TOTAL Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added:_ Gallons of water added: .Gallons of water added:._ I Amt of CYRetained: Customer Approval- .Customer Approval: Customer Approval: Customer Approval: Tested Tested properly No. 7295940 f �np, Authorized and rece vi ed by ❑ Yes ❑ No ❑ Yes . ❑ No I / 2 9 5 9 0 Slafety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents -.are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct TITAN FLORIDA LLC ' TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other teNs, 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 disptites 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, rctainage, 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'/:% 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 Tccover 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 ariy 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 thanseven cubic yards. The minimum load for each delivery is I'/, cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate oI , quested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's abilit§1to 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 tattles, 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 ACT standards. Seller will repair or replace any goods. supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABIL11-YAND 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 aluminun, 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. Crux design quoted, or which may be required to provide workability, strength, setting three orwater/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be hatched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND IAMETHER ORNOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD - UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office. issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15, Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable. and enforceable to the extent permitted by law. ' WARNING: CAUSES SKIN IRRITATION- INJURIOUS TO EYES. CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAYCAUSE 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.TITANAAIERICA.COA1. Rev'd 2-08 TITAN �/_l/ CONCRETE Thank you - We appreciate you- r business Materials for Life' Ticket no. g . , crete FORS IbIERCE 40T1,$ELVIT7- ROAD 283726 FT PIERCE, FL 34982 Delivery date. - _ - Plant = Truck Driver - --_ Truck size ,Type job 04/01/16 626 14-3 HATCHER JR, JESSIF. 11.06 SLAB OP Customer no. Customer name t' zone Tax CD 90006446 I , I_ _0 CONSTRUCTION INC. I I T Tarmac projecr no. Customer P.O. no. Order no. Terms code , charge delivered 3C.O.D. Time due 46iy13'r_5 I 96454 I cod; 4COe-FOB 09;0L3 Delivery name and address Lot Blo<k County ST. LUCIE COUNTY 2016 8060 PLANTATION LAKES DR, PORT SAINT LUCIE Instructions HEAD SW ON GLADES CUT OFF RD TOWARD S JENKINS RD TURN LEFT slump , ONTO PFOERVE BLVD TURN RIGHT ONTO PLANTATION LAKES I 5.0C I I Quantity - �'.� Product. U/M- Unitprice IAmoailt -toad Cumulative Ordered Code Description - - 11. CIO 6. 00 88 00 CAC 95PIA300171' ; 57 ZG0 CY 1.013 80i 007 FUEL_ SURCHG LD 1.00 801,014 ENVIRON SURCHG LD Load .Arrivelob site Start discharge Finish discharge 'Leave job site Arrive plant Subtotal • TOTALx Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. I. Gallons of water added:_ Gallons of water added: Gallons of water added: _ Amt of CY.Retained: - - Tested Tested properly I No. �rty7 y^I �} I Authorized and seceiyed. by . ❑ Yes ❑ No ❑ Yes ❑. No v V �+ x V II/iJ 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:.. CI Not Correct ryMI�1,UM41;9 17.1aLT. TERMS AND CONDITIONS OF SALE 1. 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 terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writiug. 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 dispmites'relhtmg to this Contract, Buyer hereby consents to thejurisdiction and venue of the statand federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net thelast day of the month following the month of delivery, a 'thout 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 11h% per month or the maximum rate allowed bylaw 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 hoursand for any waitiuglunloading 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, mid 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 madeby or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determiningthetype and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicableAnterican Society for Testing Materials (`ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller. that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES. WHETHER EXPRESS OR IMPLIED, INCLUDING NVM40UT 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. 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 famish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted or which may be required to provide workability, strength, setting time orwater/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 treasures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOT ARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the. sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The 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 eatemt 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 DATA SHEETS (MSDS) ARE AVAILABLE AT W W W.TITANAMERICA.COM. Rev'd 2-08 .TITAN // C0MCRETE Materials for Life" gr'ncrete t - I—Zck�kyou - We appreciate your business" r Ticket no. FORT PIERCE 4199 SELVITZ ROAD 283725 FT PIERCE, FL 34982 Deliverydate - -- Plant -. -6'28 Truck r, ♦ Driver Truck size Type job 04/01/16 16i13 RIEBEN, JOHN 11.0G- - - SLAB 0!< Customer no. Customer name _ : Zone Tax CD 900 r,446 I POLO CONSTRUCTION INC. I I T Tarmac project no. Customer P.O. no. Order no. - Tenns code yCharge delivered B-C.O.D. Time due 46rn3[ c q 964J4 ,I.ChargeE0.6. 4 .0.D-F.O.B.' 06 57 Delivery name and address Lot Block ' ,County ST. L_UCIE COUNTY 21016 8060 PLANTATION LAKESfDR, PORT SAINT LUCIE Instructions HEAD SW ON GLADES CUT OFF RD TOWARD S JENKINS RD TURN LEFT Slump ON n RESERVE BLVD TURN RIGHT ONTO PLANTATION LAKES 5.0C Quantity _ __ - ..Product U/M' Unitprice Amount Load Cumulative Ordered Code:. Description - I I. 2121 E 5. 00 88 00 CAC 95R1A3000 ;;57 Z60 CY 1. 0121 80(,007 FUEL SURCHG LD 1. 1710 M, 014 ENV I RON SURCHG LD r r � • Load Arrive'jo6 site Start discharge 'Finish discharge Leave job site Arrive plant (/ TOTAL Additional water addoa 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 Alproval•. Customer AppiovaL•. I Tested Tested properly No. '% Q a I' Authorize/d�ant/�heAcflve(d/b�(��/ 9 d v�'' "4 ❑ Yes ❑ No t ❑ Yes ❑ No i� // ✓' / / Lot: Safety is a constant state of mind; with / every employee feeling responsible Block: and empowered to act to cause him Address: Correct Not Corre and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and conditions ("Contracf') and, if buying on credit, t , uyer's credit agreement with Seller, incorporated herein by reference: all other terms, including any terms contained in Buyer's purchase order, are xcluded unless agreed to by Seller in writirig. Any changes must be in writing and signed by each party. This Contract will be construed m accordance th 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 following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of I % 10" 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 flours 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 inittimmn load for each delivery is 1'/2 cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in 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 track for, (i) orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials (`ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718,203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF 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. 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 fronm 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 provideworkability, 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 SellerNwitten 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 NOTARISfNG 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 OFTHE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, widen a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES. CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION OR INJURY. AVOID CONTACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT WW W.TITANAMERICA.COM. Rev'd 2-08 - %, / COIVCI2ETE Materials for Life""- groncrete l ' "Thank you - We appreciate your business'' . Ticket no. 1\, FORT .PIERCE 4199 SELVITZ ROAD 283723 FT PIERCE, FL 34982 'Delivery. date - plant Truck Driver Truck size T e'ob 04/01/16 6^c8 134I@ MATTNElJS, PATRICK 10a2i( yp I SLAB OP Customer no' Custor name Zone Tax CD me 901210F446 I P0LO CONSTRUCTION INC, L T: Tarmac project no. Customer P.O. no. Order no. Terms code LCharge delivered 3-C.O.D. Time due 460 325 I 9E454 I 'I-ChargeF._OA 4-C.0.D-F.O.B. 1218.4E Delivery name and address Lot -Block CounTy 0 LUCIE COUNTY 2016 8 06Qi PLANTATION LAKES DR, FhRT SAINT LUCIE ONTO RESERVE RLVD TURW RIGHT ONTO PLANTATION LAKES Quantity_._ ' - -, -- --- - 1Frol- -" "_ ---- --- ._ —..-----�— ---1 Load Cumulative Ordered Code ,Description 10.00 ` A. 00 88. 00 CAC 95RIA3000 1-57 Z60 1. 00 81t7C 007 FUEL SURCHG 1.021 M 01.4 ENVI RON SURCHG Load Aiiivejob site Startdischarge Finish discharge Leave job site Arrive plant r , . - Subtotal ' ,�,i sales tax , Additional water:added to this concrete will reduce its strength. Any water added is atc ustofne 's risk. Gallons of water added._ Gallons of water added: — Gallons of water added: — Ann of CY,Retained. // CustamerAooroval. �- n Customer Aooroval> Customer Aooroval: - I Customer Aoorovar l 5e ITC Tested ' Tested properly I No. 9509�5I Authorized and recQ{vgdb Q ❑ Yes No ❑ Yes ❑ No /� 2I 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 TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALq , 1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, ty/Bo�yer$s credit agreement with Seller, incorporated herein by reference: all other terms, including any terms contained in Buyer's purchase order, are ex+ hidM unless agreed to by Seller in writing -Any cjtanges must be in writing and signed by each party. This Contract will be construed in accordance wit the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jmisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of I % I Ow 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. onoutstanding 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 wi additional charge will -apply m loads bele`ss tban seoen cubic -_= -yards., The-midiimdn load for each delivery is I'! cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however, Buyer waives any claims associated with any delays in delivery. 5. Buyer must provide suitable approaches to deliverypoints 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. T Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement" or measured "in place".. Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slmnp, 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 maybe required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. IL 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 NOTBELIABLE 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 1701�-ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department,.455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The tmenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION- IN3URIOUS TO EVES. 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 W WW.TITANANIERICA.COM \Rev'd 2-08 r TITAN CONCRETE Materials for Life° gMncrete rrThank_,� t' - VVe appreciate your business" 4 kr FORT' FIERCE 4199 SELVITZ ROAD. FT PIERCE, FL 34982 ��gUILDrh,C � o e MfMBEQ- ^ Ticket no. 28372 Delivery date Plant Truck Driver Trucksize I Type job 04/01/1G G28 14I7 DI_LLARD, ROBERT :1 11.01 SLAB Oh Customer no. Customer name Zone Tax CD 9i;'!7;18644G I POLO CONSTRUCTION! INC. 1 I T= Tarmac,project. no. LC I Customer P.O. no. Order no. ITerms code 1-Charge delivered 3 C.O.D. Time due a+60325 1 96454 'I-ChargeF.O.B. 4C.0.1)-F.O.B. 08.38 Delivery name and address ot L,. Block CounTy ST. LUCIE COUNTY 016 �I ' 8060 PLANTATION LAKES DR, PORT SAINT LUCIE IIL Instructions HEAD SW ON GLADES CUT OFF RD TOWARD S JENKINS•. RD'TURN LEFT slump ONTO RESERVE BLVD TURN RIGHT ONTO PLANTATION�'LAKES I 5.0Q L¢fr ---� _ __—. -- " - __� Prod ._ _ _� _ uct_. -- — -..- _ Quantity _. � U/M' Unit price - � Amount Load. Cumulative I Ordered - Code Description - 11.'h 4.00 88 00 CA[ 95R1A3000 ; 57 Z60 CY 1.I3'D 801:007 FUEL SURCHG LD 1.'D' 800014 ENV IRON FIG LD Load Arrive'job site Start discharge Finish discharge. Leave job site Arrive plant f Subtotal xU � Sales tax TOT L Additional water added to this concrete will reduce its strength. Any water added is at customer's/rJ of water added:_ Gallons of water added: — Gallons of water added: I Amt of CY Retained: / Customer Ap rovalr Customer Approval:. Customer Approval: Customer Approval: 1 Tested Tested properly I No. Authorized and.recejvea)by Yes Yes LJ 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. , 9595 Lot: Block: Address: Correct Not Correct TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE • '4 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 areexcluded urdess agreed to by Seller in writiug_Auy changes must be in writing and signed by each party. This Contract will be construed in ac inee 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 inederal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of I% I W proximo may be deducted if no previous balances are past due. Interest at the lesser of 1'A% 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 ful I 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 dune 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 ("ACV) 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 LI ITT'ATIONTHE 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. 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 famish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time orwater/cement ratio, willresult 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 Seiler 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 hoar period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR -CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. INNO EVENT IMILL.SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S. LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. , 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES, CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE MAY CAUSE SKIN IRRITATION OR INJURY. AVOID CONTACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL ATI'ENT'ION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE ATE}'WW.TITANAMERICA.COM. Rev'd 2-08 tTlTAN �OIVCI2ETE Materials for Life" gre�ncrete. "Th kty'olta - We appreciate your business" w FORT PIERCE 4199 SELVITZ ROAD FT PIERCE, FL 34982 Ticket no. ��gUILOrn,C p c J1 7 MEMBf.P 283721 Delivery date - ;;: , Plant Truck " Driver Truck size Type job 04l01,l16 628 14i1 PAYOUTE, LEINTZ 11.0E SLAB Oh Customerno. Customer name zone Tax CD 90006446 I POLO CONSTRUCTION INC. I TS Tarmac project Customer P.O. no. Order no. Terms code t{hdrge delivered 3-C.O.D. Time due 46Q1325 96454 I /2{harge F.O.B. 4C.0.D-FO.B. 08 28+ Delivery name and address Lot Block CounTy ST. LUCIE COUNTY AKES 8060 F'LgNTATION LAKES DR, PORT SAINT LUCIE Instructions HEAD SW ON GLADES CUT OFF RD TOWARD S JENKINS RD TURN LEFT slump ONTO RESERVE BLVD TURN RIGHT ONTO PLANTATION LAKES 5.0Z rite Unit P IAmaunt,—� I Load -, Cumulative Ordered Code Description 11. 00 3. 00 86 00 CAt 95R1A3000 057 Z60 CY 1. 00 80i 007, FUEL, SURCHG LD 1.00' 80G014 ENVIRON SURCHG LD Y 'r` r- C' ' fS: Load Arrive job site Start discharge. Finish discharge Leave job site Arrive plant tit ct� ?J, Subtotal Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: Gallons of water added: — Gallons of water added: I Amt of CY Retained:. Customer Approval: Customer Approval: Customer Approval: - Customer Approval: TestedTested properly No. % v n .� AuthorizeAd�received by LJ �' No QYes ❑No S 295S7 '31' X 1 my Yes Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him, and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. . Lot: Block: Address: Correct Not Correct TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terns 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 writieg.ARy changes must be in writing and signed by each party. This Contract will be construed in accordance.`th the laws ofthe state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and fells' ellrts 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 clod ction, 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 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 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 thesehours 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 minhiru n load for each delivery is I'L• 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 Buyerwill 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 ("ACE') 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, WHETFIER EXPRESS OR 1MPLI ED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY. 9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has beenadded by or on behalf of Buyer. Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength. 10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by Buyer. It. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours. after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder), time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller, 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION. ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR 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 besent in writing to the sales office 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 DATA SHEETS (MSDS) ARE AVAILABLE AT WWW.TITANAIIERICA.COM. Revd 2-08 .:TITAN CONCRETE Materials for Life° gre�ncrete rTha7 ou - We appreciate our business . Ticket no. FORT PIERCE 41.99 SELVITZ ROAD 283720 . FT PIERCE, FL 34982 Delivery date. - - - -- ' plantI I Truck Driver k _size T e'ob 04/01/16 62a 13t11 Truck DONINGUEZ, LEAN 11.014 yp I SLAB 01\ ICustomerno. Customer name Zone Tax CD 90Q11216446 I BOLO CONSTRUCTION INC. I I T Tarmac projectno: i - Customer P.O. no. - Order no. Terms codey-Charge tlelivered 3-C.O.D. Time due 46Q1325 I 96454 I ; 1-Charg: o.a 4-C.0.D-EO.B. 1218 a 2 Delivery name andaddress a Lot Block CounTy ST. LUCIE COUNTY 2016 8060 FILANTATION LAKES DR, PORT SAINT LUCIE �� Instructions HEAD SW ON GL-ADES CUT OFF RD TOWARD S JENKI,NS RD TURN LEFT slump ONTO RESERVE BLVD TURN RIGHT BNTO PLANTATION LAKES I 4.012 00 CAf 95R1,'18000 057 Z612I M 007 FUEL SURCHG 80(,014 ENVIRON SURCHG Load Arrivejob site Start discharge Finish discharge .Leave job site Arrive. plant Subtotal Sales tax Additional water added to this concrete will reduce its strength. Any water added istat�customer's risk. Gallons of water added:_ Gallons of water added: _ Gallons of water added: _ I Amt of CY Retaed: & Customer ADMOVal: Customer ADDroval: Customer ADDroval: Customer ADDoal: /- ITested Tested properly I No. I Authorized afid reeeiv by ❑ Yes [I No ❑ Yes 1-1No1l x / 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 r.r roTi�n�rr. ��rw TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE 1. All sales will be subject to these terms and'conditions ("Contract") and, il'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 writi.ng.,Agy changes must be in writing and signed by each party. This Contract will be construed in accorda* rwith 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 feriLciourts 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 % 106 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 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 116 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 oilier 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 "farni 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 madeby 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 ACT standards. Seller will repair or replace, any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203. as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCRANTABILITYAND 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 workin 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 orwater/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordance with ASTM C-94. Concrete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the customary time for analysis of the test cylinder). time being of the essence. Seller will be given reasonable opportunity to investigate all claims. Any failure by Buyer to give written notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller. 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR OTHERWISE, AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. WARNING: CAUSES SKIN IRRITATION - INJURIOUS TO EYES. CONTAINS PORTLAND CEMENT. FRESHLY MIXED CONCRETE 4AY CAUSE SKIN IRRITATION OR INJURY. AVOID CONTACT WITH SKIN WHERE POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF ANY MIXTURES GETINTO THE EYE, RINSE IMMEDIATELY WITH WATER AND GET PROMPT MEDICAL ATTENTION. KEEP OUT OF REACH OF CHILDREN. MATERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT W W W.TITANAM ERICA.COM. Rev'd 2-08 t Materials for Life' g rn Acretd r'Tharil(you -. We app FORT PIERCE 4199`SELVITZ ROAD ,FT ,PIERCE, FL 34982 business - t t \ t. Truck size' Type job Delivery date Plant Truck Drice(4,` �& +D r:'l71 / 10 62a \ 2q �^ r� 11. Orr SLAB - u Crtomerno - Customer name I Zone Tax CD 9l.,b0(=446 I POL❑ CONSTRUCTION INC. I T Tarmac project no. Customer P.O. no. Order no. Terms code 1-Charge delivered a C.O.D. Time due 46Q13i' 5 I 96454 I 4)ChargeFO:B. 4C.0.1)4.O.B. 09:05 Delivery name and.. address Lot Block County r_T. LUCIE COUNTY 201E 8060 PLANTATION LAKES DR, PORT SAINT LUCIE Instructions HEAD SO ON GLADES CUT OFF -RD TOWARD S JENKINS RD TURN LEFT Slump OrtNITO RESERVE BLVD TURN 'RIGFIT -ONTO PLANTATION LAKES 4.0121 ._---- QDantty I J Product 1 u/M�. Unit price' � �AmDunt -__ `< Load Cumulative - Ordered . Code - .Description II.01ZI 11.00 88 0171 CA[ 95R1A3000 ;y57 Z60 CY;, ; 1. 00 - SO( 007 FUEL SURCHO LD 1 o4 1,:A0 80f,014 ENVIRON SURCHS, LD - Load Arr///iv���e johsite. Start discharge Finishdischarge Leave joo site Arrive plant l--tf vx TOTALX Additional Water added to this concrete will reduce its strength. Any water added is at customer's risk.. Gallons of water added:_ Gallons of water added:'_. Gallons of water added:._ I Amtof.CiY Rained: Customer Approval: .Customer Approval. Customer Approval {ustompVApprgval: - Tested Tested properly 7 2 00 5 J 31 AuthoriiAdladd eceived by Ix, Lj Yes Q No ❑ Yes o No I,No. . _ / 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. TITAN FLORMA LLC 's TERM§,AND CONDITIONS OF SALE I. All sales will be subject to these terms acid conditions_(ai�tiiw r et") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contn Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writingand signed by each party. Thi3'Conill be construed in accordance. with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to thejurisdictnd venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. '% 2. Payment terns: Netthe last day of themonth following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of I % 10"' 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, stateand 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..Anadditional 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 fG"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 mast 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 mid 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 Wan-mrty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET 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 beresponsible 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 fanished work in which it is used. Buyer willbe 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 roan 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 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 resultof 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 givewTitten notice within such 48 hour period will be deemed a conclusive waiver by Buyer of all such claims against Seller, 13. SELLER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES .INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATED TO DELAY, WHETHER BASED ON STATUTE, TORT, CONTRACT, OR: OTHERWISE; AND WHETHER OR NOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FOR ANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. -- 14. Notice. All notices to Seller will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, and each other provision of this Contract will beseverable and enforceable to the extent permitted bylaw. 1VARNING: 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 DATA SHEETS (MSDS) ARE AVAILABLE AT W WW.TITANAMERICA.COM. Revd 2-08