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Home My WebLink AboutCONCRETE PAPPERSt e U Y TITAN r ot. CONCRETE "Thank you - We -appreciate your business" Materials �y10 SC NNED . G Ticki 1 et no. ' -� �� BY g f crete St. Lucie C®Un � Q' VERO BEACH �( 'r ( 2724 INDUSTRIAL BLVD \ 47068 — . VERO BEACH, FL 32960 Delivery date 1y Plant Truck Driver Truck size Type job 5�J177 /`r"➢ .^f r. 4 ';QA ITQr'=f Mll Mr RR T r'K Im nNI Customer no. a Customer name Zone Tax CD dr71ti1 C/11 ^7:T I P K I;QUT r.nNgTRI Ir'T�T rTi\1 •f:fIRL". tarmac project 'no. Customer P-O. no- Order no. Terms code t-Charge delivered i-C.O.D. Time due1 ;.71i17..3G1 I" - 74:e_£34 It ,>;Char9eF0.B. 4C'.O.D-F.O.B. j4 6WdG}v4� Delivery name and address - r �UV\ Lot Block ' County 3T LUCI€EON �NTY2FORY �� ,GZ17 DELEOAI AVE,AVEFORM PIERCE,. ,-, �h-p' instructionsCR 713 N TO WINTER GARDEN P14WY TL, DELEON AVE TR R Kv j 00 1.0. 00 I 10., 00 110. 00 1.00 1.00 n t I� Load j Andy job site Start discharge Additional water to this oncre Gallons of water adde •' Gallons of water addecCM— Customer Approval: ' Customer )Val:�`. Tested Tested properly No: ❑ Yes 1�&- ❑ Yes ❑ No Safety is a °constant state of mind, 206 th every employee feeling responsible and empowered to act to cause him and others to work safely, on the belief fat all accidents are preventable and \?ero incidents is the only goal. Ri 14 000 #`,7 UEL SURCHG NVIRON SURCHG Unit price'. 1'- Finish discharge Leave job site rrive plant Sales tax I TOTAL Fee�ts-strengthz4nywva er-i a is at customer's risk. Gallons of water added: I Amt Customer Aooroval: Gust Address,:^ Correct Not Correct CI IfiTOMFR COPY TITAN FL,ORMA LLC TERMS AND CONDITIONS OF SALE ' 1. All sales will be subject to these terms and commons ("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 signedby 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 thejurisdiction and venue of the state and federal courts for the location of the delivery site of the goods sold hereunder. 1 2. Payment terms: Net the last day of the month following the month of delivery, without deduction, retainage, set off or charge backs. A.cash discount of 1 % 10' proximo may be deducted if no previous balances are past due. Interest at the lesser of 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 attomeys' 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. - 5:00p.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 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 providesuitable 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 anyand 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 tune; (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 ("ACI") standards, when tested in accordance witb,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 LMTTED 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 accor$ac.. c wiih 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 froth corning into contact with any material, such as atuminur._, which may adversely impact concrete strength. 10. Buyer will famish any admixtures or ingredients it desires that are not regrtlarly 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 wa.ericement ratio, will result in an additional ingredient charge payable by Buyer. 11. Concrete wilt' be batched and delivered in accordance with ASTM C-94. ( onerete temperature will be dictated by the environmental and material condi- tions at the time of delivery. Any requirement beyond these conditions w.11 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 an} claim against Seller as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, n 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 ;onclusive 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 FORANY CLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. 14. Notice. All notices to Seller will be sent in writing to the sales office issumg the price quotation; with a copy to Credit Department, 455 Fairway Drive, Deerfield Beach., FL 33441. 15. Severability. The tmenforceability of arty 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 VdITH 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-OS ,A TITAN "Thank you - We appreciate your business" Materials for Life' f�D �� Ticket no. ; ® jJ V gr- crete FORT FIERCE - 4199 �9ELV I T Z ROAD . � 280784- FT PIERCE, FL 34982 t elivery date Plant- Truck Driver ` Truck size Typ'ob e 02/03/17 6r8 131l8 GILCHRIST,. DUANE 7.001 SLAP ON ustomer no. Customer name "; Zone Tax CD 90001275 I `R K DAVIS CONSTRUCTION CORP I T5 armac project no. Customer P.O. no., _ Order no, Terms I I cod1e '-Chharge el.ve. re3L.OD. Time•due 2FOB470130 74384 -C4C.O.D -FO.B. 1c:. tT6 ielivery name and address Lot Block County ST LUCIE COU14TY 2017 6607 DEL,EON AVE, FORT FIERCE istructions CR 713 N TO WINTER CTARDEN PKWY TL, DELEON AVE I Slump quantity: � � Product . � U/Nll 'Uni# pricer , �Amoun# -oad Cumulative Ordered Code Description - 7.LAO 17.00 17 00 CAC95P.103000 #57 CY 1. 00 80C O07 FUEL SURCIit LD 1. 00 80Q O14 ENV I RON SURCHO LD FORT pr' ijq ,i— c�— Load I Arrive job site Start discharge Flnish discharge Leave job site � � wive plant j�j - I� � Subtotal � !i sales tax TOTAL \dditional wat ea o•t fsrcopere e-wi =re uce r s s rengt nywater ad a is at customer's risk. Gallons of water adde �RY-F• Gallons of water added: Gallons of Water added: Amt of CY Retained: Customer Approval: — Customer Approval: Customer Approval: Customer Approval: Tested Tested properly No. Auth ;e^I /Q;�p oried and re< ived by Yes No ❑ Yes ❑ No i � � I X X Lot: Safety is a constant state of mind, with • every employee feeling responsible Block: and empowered to act to cause him Address: Correct Not Correct and others to work safely, on the belief that all accidents are preventable and that zero incidents is the only goal. r1 ln�KArn nnnv TITAN FLORIDA LLC TERMS AND CONDITIONS OF SALE " 1. Allsates 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 pltrchage 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 delivcry, without deduction, retainage, set off or charge backs. Acash discount of I % 10' proxhno may be deducted if no previous balances are past due. Interest at the lesser of P/:%o 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, and local sales and use taxes. In addition to. any other available rights mid remedies, $eller will be entitled to recover from Buyer all costs of collectionand litigation including, but not limited to, reasonable attomeys' 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 maybe added for deliveries. outside of these hours and yards. The minimmn load for each delivery is 17 cubic yards. , 4. Buyer will give Sellerat 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 otherproperty, and Buyerwill indemnify and hold Seller harmless from and againstany and all liability, loss and expens% 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. O orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyer's mistake of in excess of requirements_; (iii) concrete not deliverable due. to unsuitable approaches. ' 7, Concrete pricesand 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 ratitute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards. Seller will repair or replace any goodssupplied'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, JNCLUDING 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 notbe 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 impactconeretestrength. 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 inaccordance with ASTM C-94. Concrete temperature. will bedictated 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 Shcler. 13. SELLER WILL NOT BE LIABLE UNDER. ANY'CJRCUMSTANCESFOR. 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 WILL SELLER BE RESPONSIBLE FOR DAMAGE DUE TO THEACTIONS OF OTHERS OR. THE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS. SELLER'S LIABILITY FORANYCLAIMS WILL BE LIMITED TO THE PURCHASE PRICE OF THE GOODS SOLD UNDER THIS CONTRACT. I , 14. Notice. All notices to Seller will be sent in writingto the sales office issuing the price quotation, witha. copy to Credit. Department, 455 Fairway Drive, Deerfield Beach, FL 33441. 1 15. SeverabilitT. The mamforceabilityof 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 Tb 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 (1VISDS) ARE AVAILABLE AT WNYW.T1TA1gAMER1CA.COM. 1 Rev'd 2-08