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HomeMy WebLinkAboutTITAN CONCRETE PAPPERSTITAN is XE Materiais for Life" gr madd PrM,+-0-- I W--oog6 "Thank you - We appreciate your business" Nov t B ��gU1LDit,C CO N McMBER r ul Auno - i I,, o alon l'iS Deliverydate Plant "Truck VI (Driver size Type job 43NNVOS I :II- .I Customer no. I Customer name Zone Tax CD Tarmac project no. I Customer P.O. no. Order no. (Terms code t-Charge delivered B-C.D.D. Time. due ,3-Charge FO.B: 4-C.O.D--F.O.B. - Delivery name and address Lot Block County ��� Instructions (Slump l Quantity I Product _ U/M I Unit price _ JAmount Load 1 Cumulative I Ordered I Code I Description - I I Load Arrive joh site start discharge Finish discharge Leave job site Arrive plant J '-� )'•' r L� _. I � �� - Subtotal r � 1 - Sales tax TOTAL 4dditional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added:_ Gallons of water added: _ Gallons of water added: Amt of CY Retained: Customer Approval:_ Customer Aooroval: Customer ADDroval: I Curtomer Aooroval: Tested Tested properly I No. * r•� C� , ' 'I thodzed and received by--- ❑ ❑ ❑ op � Yes No Yes No �" 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 n1 Ie RACD nnov TITAN FLORIDA L C .06 TERMS AND CONDITIONS OF SALE I `=d1 sales w,ll be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party, This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retabmage, set off or charge backs. A cash discount of 1"/o 10' proximo may be deducted if no previous balances are past due: Interest at the lesser of I'h%per month or the maximum rate allowed by law will be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation including, but not limited to, reasonable attorneys' fees. Seller reserves the. right to require payments in advance or to cancel the unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat- isfactory, to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right. Regular. delivery_Imours are_l F 7 00 a.m. -5:00 p m.,_Monday tbrou iday. An.additional charge may be added for deliveries outside of these hours and for any avaiting)aoaing penods in excess of 60 minutes. Prices are based on fi irloads; au additional charge will apply to loads of lessthan seven cubic -- yards. The minimum load for each delivery is-1lk 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 and expense incurred as a result of such delivery, including but not Limited to towing charges, except to the extent caused by Seller's gross negligence or willful misconduct. Buyer waives any right of subrogation against Seller. 6. Buyer is responsible for full payment of, including all costs of disposal and Seller's return charge per truck for, (i) orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake or in excess of requirements; (iii) concrete not deliverable due to unsuitable approaches. 7. Concrete prices and quantities are based upon the wet volume at the time of discharge from the truck, and are not sold "form measurement" or measured "in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by or on behalf of Buyer. 8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCIIANTABILITYAND 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 net be responsible for slump, strength or quality of any coucr te. towhich water or other rgaterW has been added by or on behv if of Buyer. Buyer will be responsible to see that the concrete'fs handledditaccordan e with best construction practices.. Seller has no control over the placing or handling of concrete after unloading and does not guarantee time 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. luny extra product which may be required in excess of the mix design quoted, or which maybe required to provide workabiliV 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 accordntce 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 Sellerwritten notice within 48 hours after delivery of any claim against Seller as a result ofany alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will �c 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. i 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, ST ICT LIABILITY OR FAULT. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR 0ANIAGE DUE TO THE ACTIONS OF OTHERS ORTHgFAILURE 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,C_ redit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 15. Sevembility. The umenforceability of any provision of this Contract will not affect the enforceability of any odder provision of this Contract, and each other provision of this Contract will be severable and enforceable to the extent permitted by law. t i 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. t ' Rev'd 2-08 TITAN �� CONCRETE Materials for Life' grncrete "Thank you - We appreciate your business" S;UNIT- i5Kli NONTERIL.Y RD S (UnRl, ' F I. -,3494 Ticket no. • - I J tJ4+J Delivery date Plant Truck Driver Truck size Type job .?7/4"7 1711 C. -.:?r 1 rtA I r-Ti r"1.1RTCT I cam, OA fl Customer no. Customer name - zone Tax CD _ :f,1rliA7 /a.7 I I-IFI I F RPp?-rrl-tl hc, r'_'TN�:T;;i 11'T Tarmac project no. Customer P.O. no. "Order no. Terms code tCharge delivered 3-C.O.D. 'Time due I I ,2-Charge i 's (_.I},'--'7 7 EO.B. 4-C.O.D:F.O.B. rhi Delivery name and address Lot 'Block County '. NWL'TLSON RA ��� -..9F, Instructions Slump t !A0L T i�URPHNIN5 N TO 1, G NNORTH 11 I !IL- 'I R, h�!-iRl'i-tY RI) '�!_� CU I`JOftI`H_ , I - - ---- ---------- --- Quantity .. _, ___ ____ --- � ProducG� _ ;. - - U/M ---- Unit price PAmount u — Load Cumulative Ordered Code Description U J!I IDaCi12T 1.3000 44G-c CY 8171 jf_:07 FUEL- SURCHG L D �'. 847.I p%11 h ENV 2 RUN SURCHG LD ,1 :(L i :n ,:ih Load Arrivejob site: Startdischarge Finish discharge Leavejob site Arrive plant Subtotal 1 TOTAL Additional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons of water added: 0 ,Gallons of water addeb:1') Gallons of water added: Amtof CY Retained: Customei Approval: Customer Approval: Customer Approval: - Customer Approval _ Tested / Tested properly No. _ Authorized and received by ❑ Yes/❑ No ❑ Yes ❑ No ! 2 97 J 0.8 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.in'cidents is the only goal. TITAN FLORIDA LLC Ci. 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 writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge. backs. A cash discount of I % I O" proximo may be deducted if no previous balances are past due. Interest at the lesser of 11h% per month or the maximum rate allowed by law will be imposed on outstanding and delinquentinvoices from the date of delivery nutil 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 ailywaiting/unloading periods in excess of 60 minutes. -Prices are based`odiull-loads; an additional'charge will apply to loads ofless than sevencubic -- -" yards. The minimum load for each delivery is I cubic yards. 4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requcod deliveries. Delivery schedules will be mutually agreed upon between ..E ;L'� be made to the best of Seller's ability to dispitch, however, Buyer waives any claims associated with any delays in delivery. d 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, andlor 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 star;Cards. 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 c;ck­ Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONTHE WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH N THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARPANTY. 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 bee that the concrete is -handled in accordance -aith bestconstruction 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 at 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 berequired to provide workability, strength, setting t me or water/cement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete will be batched and delivered in accordonc, Mih 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 dalivery of any claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to moct 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. N 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 Depattment, 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.TITANA,4ERICA.COM. Rev'd 2-03 P10TITAN CONCRETE Materials for Life' 9r Crete fl "Thank you - We appreciate your business' ✓11 �z y v�i n Q, STUART 1.501 MONTEREY RD STUART, FL3494 Delivery date Plant Truck Driver- Truck size Type job .g^r r a Customer no. Customer name � "• s Zone Tax CD cl r�lrnrn')r,-9 ( for I p 11111 n'ng nrT .,--,, n11rY tarmac project no. I Customer P.O. no. - - ' Order no. - - % (Terms code ,.rharge delivered 3-C.O.D. Time due Ar fi.-II -+ -,._,t ,r ,2-Charge F.O.B. 4-C.O.D-FO.B. Delivery name and address Lot Block (County 1339C NW GILSON RD r.ni _ loll Instru�tiodi " `"� � - - - - Slump FORT FIERCE: 30 MIN I� QuantiTy IlProduct UlM; Unit. price �IAmounf - Load I Cumulative I Ordered i Code i Descrintion r r 4. 00 1. 00 1.00 i1.00 3jI.00 4, 00 11. Del 1.00 ill 10 3000 MG-C FUEL SURCHG EN4IRON SURCHG Load Arrive job site Start discharge Finish discharge Leave jab site Arrive plant • Subtotal ' Sales tax kdditional water added to this concrete will reduce its strength. Any water added is at customer's risk. Gallons ofwater added: Gallons of water added: _ Gallons of water added: _ Amtq-CY Retained: Customer Approvals Customer Approval: Customer Approval: I Customer -Approval: Tested Tested properly No. p � Authofized,alid received by ❑ Yes ❑ No ❑ Yes ❑ No I 73934,5q ✓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: Address: Correct Not Correct I f RI IQTnnnFR ennv TITAN FLORIDA LLC .r TERMS AND CONDITIONS OF SALE 'A. ' —r L All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terms contained in Buyer's. purchase order, are excluded unless agreed to by Seller in writing. Any changes must bein writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the state and federal courts for the location of the delivery site of the goods. sold hereunder. 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 1 W proximo may be deducted if no previous balances are past due. Interest at the lesser of P/0% per month or the ntaximumiate 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 rise 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 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 indenmify 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 "fomr 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. Sellerwarrants 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 be responsible to see that the concrete is handled in accordance with best constrdetion practices. Seller has no control over the placingor 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 adtttixtures 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 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, [fiese 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 FAULX. INNO EVENT WILLSELLER 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. i 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 33441. . 15. Severability. The unenforceability of any provision of this Contract will Dot 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 W W W.TITANAMERICA.COM. Rev'd 2-08 TITAN; .,,,/ CONCRETE Materials for Life "Thank you - We appreciate your business" Ticket no. gmurete STUART 1501,MONTEREY RD STUART, FL 33494 cr'v c Delivery date Plant Truck - IDriver! Truck size Type job _ — - e. en 1e r_.-. nr_c• nvn nn L� 0 C TP Customer no. - Customer name -• .• ' Zone. ITax CD nrn.mm �i. � Ir nr_ I c u oc nnnct nl_Ir_ Tarmac. project no. Customer P.O, no. Orderno'' _ . Terms ccde. t-Charge delkered 3-C.O.D. Time due /.�rh,. II. I . 1. 4 I , 2-Charge EO.B. 4C.O.D -F.O.B. 2 ., rA r i Delivery name and address Lot Block County 1339E NW GILSON RD IInstruction's` -' - .-S slump � FORT PIERCE: 30 MIN 9.00 1.00r 1.00 d• 27.00 21.-00 JA 3.00 1.00 80 ;31 00 J.00 80 1 I C10 7 4' 3000 MG—C FUEL,,SURCHG ENVIRON SURCHG ` Load Arrive job site Start dischar Finish discharge Leave job site Arrive plant G 7 � salestaxr 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 Arrit of CY R}tamed: Customer,Approval: Customer Approval: Customer Approval: Custome;ApRrovaL• Tested ❑\ Tested properly I No. 7393437 Authv %/ /ri received by ❑ Yes ❑ No n_l/ ' Safety is a constant state of mind, with every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. Lot: Block: Address: Correct Not Correct n1 IRTnMFR nnpv TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE t 1. All sales will be subject to these terms anu wuuitions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein by reference; all other terms, including any terns contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes 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 terns: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A cash discount of 1% 10' proximo may be deducted if no previous balances are past due. Interest at the lesser of 1'&% 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 Contractprovisions, or if the financial slams 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 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, mid 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 timeof 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. Set ter will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TIIE WARRANTIES OF MERCHANTABILITY.AND FITNESS FOR A PARTICULAR PURPOSE, ARE 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 arty 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 -An -which iris -used. Buyer will be responsible to preveni 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 ORNOTARISING FROM SELLER'S NEGLIGENCE, STRICT LIABILITY OR FAULT. INNO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THE ACTIONS OF OTHERS OR THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S 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 set,' in writing to the sales office issuing the price quotation;with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach, FL 33441. • • , •I 15. Sevembility. 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. , N/ARNING: 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%VW.TITANAM.ERICA.COM. Rev'd 2-08 OTti-County Ready h d 2500 S.W. and Ave. TITAN Ft. Lauderdale, FL 33315 J CONCRETE Phone: (954) 761-1944 Materials for Life Fax: (954) 760-5925 Submittal No. 18472 Date Issued: 2/24/2016 Customer: Wells Brothers Construction Project: Harbor Ridge Sales Center OFinacm Ready Mix 801 U.S. Highway One North Pahn Beach, FL 33408 Phone: (561)904-7007 Fax: (561)904-7024 ONonh/Centcal Ready 4r 3928 South Nova Roa.. Port Odange, FL 32127 Phone:(386) 763-5940 Fax: (386)763-5969 /�unoo eiDnl ;g AS 03NNVQS O West Coast Ready Mix 425 Commercial Ct., Suite B3 Venice, FL 34292 Phone: (941) 486-2220 Fax: (941)486-2222 Mix Code: SW605R10 SPEC WIC 0.50 #57 Source Mix Code must be used when ordering concrete. Material ASTM Spec. Gravity oz/yd Weight (lb) TITAN TYPE 1/II BULK P CERT FOR FDOT C-150 3.15 570 PENNSUCO ASTM 457 CO#10 C-33 2.38 1,650 JAHNA DOT SAND JH C-33 2.64 1,262 WELL C-94 1.00 34.0 gal 283 BASF ADMIXTURES POZZOLITH 70ON C-494 1.00 24 0.0 BASF ADMIXTURES MB-AE 90 C-260 1.00 2 0.0 Specified F'c : Specified Slump: Specified Air: 3000 psi @ 28 days Designed W/C + p Ratio: 4.00 to 6.00 " Designed Volume: 3.00 To 6.00 % Designed Unit Weight: 0.50 27.00 cu-it. 139.4 lbs./cu.ft. TOTAL 3,765 NOTES; TITAN Concrete has no knowledge or authority regarding where this mix is to be placed; therefore, it is the responsibility of the project architect, engineer, and/or contractor to ensure that the above designed mix parameters of compressive strength, water -to -cement ratio, cement content, and air content are appropriate for the anticipated environmental conditions (i.e. ACI-318, and local Building Codes); and that acceptance testing is conducted in accordance to all applicable ASTM test procedures by a facility evaluated by and accredited by industry agencies for proper lab protocol and that test results are evaluated by ACI standards. Chemical admixtures are added in accordance with the manufacturer's recommendations. TITAN Concrete reserves the right to adjust these dosages to meet the changes in jobsite demands. TITAN Concrete also reserves the right to adjust cementitious contents in accordance to ACI 318. The minimum requirements for testing of ready mixed concrete at the project site are established in ACI 311.6 Specification for Ready Mixed Concrete Testing Services when acceptance of concrete as delivered to the site is based on specific field -measured properties and laboratory -measured compressive strength. TITAN Concrete requests to be included on the distribution list for test data. COMMENTS: 1992- 2016 Quadrel, Inc. Paye2 Quadrel iService sM Date: 2/24/2016 ` Mix Name: SW605R10 8000 7500 7000 6500 6000 5500 5000 4500 4000 II 8000 7500 7000 6500 6000 5500 5000 4500 40M 100 200 300 400 500 600 700 Maturity Hours 16.00 14.00 1200 10.00 8.D0 6.00 4.00 200 0 00 TITAN y C®NCRETE Materials for Life' Units: US iI AWN ►ate 1 I: ®-A EM_ I1, _.- 1 1, 11 _. rfI11.1IL__ 5500 6000 6500 7000 7500 8000 STRENGTH SUMMARY, Compression Strengths No. Of Avg 7 Avg 28 Avg Acc Std Tests Day ________________________________________________ Day Age Dev 30 5530 6740 6740 400 DETAILED STRENGTH, Compression Either 4" x 8" Or 6" x 12" Batch Test Strengths Number ------------------------------------------------ Number 7 Day 28 Day Acc Age I60663283 1624315 5670 6950 6950 I60663283 1624415 6030 7130 7130 I60663284 1624515 5970 7430 7430 I60663284 1624615 5590 6860 6860 I60663285 1624715 5610 6580 6580 160663285 1624815 5100 6700 6700 160663286 PN18415 5230 7030 7030 I60663286 1624915 6000 7100 7100 I60663286 1625015 5700 6790 6790 I60663286 PN18515 6060 6980 6980 I60663287 1625115 5650 6710 6710 I60663287 PN18615 5760 7160 7160 I60663287 PN18715 6060 7200 7200 I60663287 1625215 5580 6760 6760 I60663287 1625315 5900 7030 7030 I60663331 PN20415 4870 6080 6080 I60663332 PN20515 6460 6920 6920 I60663334 PN20615 5810 6500 6500 I60663546 PN22715 5690 6940 6940 I60663546 PN22815 5370 6780 6780 I60663545 PN22615 4950 6490 6490 PSI 95% of tests lie above cross -hatched area Either 4" x 8" Or 6" x 12" 1992 - 2016 Quadmi, Inc. Page3 Quadrel iService SM -6ETAIMD STRENGTH, Compression '. ,' Either 4" x 8" Or 6" x 12" Batch Test Strengths -- Number ------------------------------------------------ Number 7 Day 28 Day Acc Age I60663568 1686715 5230 6960 6960 I60663568 1686615 5500 6560 6560 I60663583 1688015 6660 7020 7020 I60663616 1695015 5960 6960 6960 I60663617 1695115 4730 5790 5790 I60663645 1699315 4870 6170 6170 I60663644 1699215 4030 5800 5800 I60663671 1704415 4720 6480 6480 I60663678 1706015 5210 6410 6410 1992-20I6 Quadrel, Inc. Page4 Quadrel!Service SM