HomeMy WebLinkAboutINVOICETITAN
1/ COlVCf[tETE
Materials for Life'
grcrete
"Thank you - We appreciate your business" .
_
�y 1.0 & — d S 619 (RES) Ticket no.
FORT PIERCE
4199 SELVITZ ROAD 285412
FT PIERCE, FL 34982
'Delivery date Plant Truck (Driver Truck size Type job
06/01/16 6S8 16.4 SALTER. LAWRENGE 11.04. DRIVEWF
Customer no. Customer name Zone - Tax CD
90004535 I RODNEY HALL CONCRETE CONST I T
Tarmac project no. Customer P.O. no. Order no. Terms code. t-Charge delivered 3- Time due
C.D.D.
441.0,:, �rcnargeeo.e, a-c'.o.o-eo:3. 1 11081 07'00
Delivery name and address Lot Block County
ST IE COUNTY MED
40 nIEDII'ERRANEAN N, PORT 5'I LLtCIE
Instructions US I S TO SPANISH LAKES RD TL, MEDITERRANEAN BLVD TR slump
5. OF
Quantity . I Product_. _ � : U/M I unit -price
Load - 1 Cumulative 1 Ordered I Code I Description - I I
11.
11.
1.
1.,
00 :II.00 111014)
00
00
00
r�
5RIA25AM 4;57
E4 M S ERFIBCR M35 —
07 FUEL SURCHG
14 ENV I RON SURCHG
SCANNED
BY
St. Lucie County
qv,
CY
CY
LD
LD
Load 'Arrive job site Start discharge Finish discharge Leave job site Arrive plant
.o
:, � Subtotal
Additional water added to this concrete will reduce its strength. Any water added is at customer's risk.
Gallons of water added :�r +>'"l Gallons of water added: Gallons of water added:.,_ Amt of CY Retained:
Customer ADoroval: — Customer AoorovaL Customer Aooroval: Customer Aonroval. I
Tested Tested properly No. ( Q �j �` Authorized ant received�rby% v I r
❑ Yes Q No ❑ Yes ❑ No L L �J a�' lJ I X= L/
r s i
Safety is a constant state of mind, with
every employee feeling responsible
and empowered to act to cause him
and others to work safely, on the belief
that all accidents are preventable and
that zero incidents is the only goal.
Lot:
Block:
Address: Correct Not Correct
�u
n110rnKArm ! ^Mw
TITAN FLORIDA LLC
TERMS AND CONWTION90F SALI
1. All sales will be subject to these terms and conditions ("Contract") and, if buying on credit, to Buyer's credit agreement with Seller, incorporated herein
by reference; all other terms, including any terms contained in Buyer's purchase order, are excluded unless agreed to by Seller in writing. Any changes
must be in writing and signed by each party. This Contract will be construed in accordance with the laws of the state of Florida. For all disputes relating
to this Contract, Buyer hereby consents to the jurisdiction mid 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 oft or charge backs. A cash discount of
1% I Om proximo may be deducted if no previous balances are past due. Interest at the lesser of I h% per month or the maximum rate allowed by law will
be imposed on outstanding and delinquent invoices from the date of delivery until paid. Buyer will pay to Seller all applicable federal, state and local
sales and use taxes. In addition to any other available rights and remedies, Seller will be entitled to recover from Buyer all costs of collection and litigation
including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advance or to cancel the unfilled portion of this
Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat-
isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right.
3. Regular delivery hours are 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and
for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic
yards. The minimum load for each delivery is Ph cubic. yards.
4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will be mutually agreed upon between
Seller and Buyer. Deliveries will be made to the best of Seller's ability to dispatch, however. Buyer waives any claims associated with any delays in
- delivery.
5. Buyer must p*ovide 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, andior other property; and Buyer will indemnify and hold Seller harmless from and against any mid
all liability, lugs 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 responsibic 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 C 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, m 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 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 fiimish 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 eB.ect 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 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 Selle, will be sent in writing to the sales office issuing the price quotation, with a copy to Credit Deportment, 455 Fairway Drive,
Deerfield Beach, FL 1 14411.
15. Severability. The unenforceability of any provision of this Contract will not affect the enforceability of any other provision of this Contract, mid 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.
MA f ERIAL SAFETY DATA SHEETS (MSDS) ARE AVAILABLE AT W W W.TITANANIERICA.COM.
Rov'd 2-08
TITAN
CONCRETE
Materials for Life'
"Thank you - We appreciate your business"
Y PP Y
22
FORT FIERCE
4199 SELVITZ ROAD
FT PIERCE, FL 34`982
Ticket no.
2'81991
Delivery date Plant Truck (Driver Truck size Type job
01/13/18 E28 1�@0 DEPINO, WIL_LIAM 9.30 BEAN
Customer no. Customer name Zone Tax CD
9�� ZV.I1+SC5 I RODNEY HALL CONCRETE COIVST I T5
Tarmac project no. Customer P.O. no. - Order no. Terms code t-Charge delivered 3-C.O.D. Time due
�.4117 1 I 79504 I �?-ChargeEO.B. 4CO.D-F.O.B. 10,ID1
Delivery name and address Lot Block County
si uUclE COUNTY�
40 IhEDITERRANEAN NORTH . PORT ST LUCIE
r
I Instructions 11I DWAY RD EASI I U US-1 TH. LiU SUU I H I U SFPHIVISH LHKtS HL5 I L. 15lumo
11EDITERRANEAN BLVD TR I.00
Quantity � � Product. ] U/MUnit price � Amount ��]
Load Cumulative Ordered Code Description
i171 7. SD 9 0 CA 28F'103000 ,8 _M CY
1. Z0 I I ~ 80e100L FUEL_ SUF 'CH
I I LD
BOQ01 I ENVIRON SURCHG LD
r->
!4 l
Load Arrivejoh site Start discharge Finish discharge Leave job site Arrive plant
Additional water added to this concrete will reduce its strength. Any water added is at customer's risk.
Gallons of water added:_ Gallons of water added: Gallons of water added: _ Amt of CY Retained:
Customer Approval: _. Customer Approval: _. Customer Approval: Customer ADDroval:.
Tested Tested properly No. r'^ Authorized and received by
Yes QNo ❑Yes ❑No T224595 IXA111
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:
3i"M
Address: Correct Not Correct
CUSTOMER COPY
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 Buy�� , ,,redit 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 °% 10° proximo may be deducted if no previous balances me past due. Interest at the lesser o'f 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 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. Air additional charge may be added for deliveries outside of these hours and
for any waitibg/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 P/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 mid 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 me not sold "form measurement" or measured
"in place". Yield will be established in accordance with applicable ASTM standards. Buyer will pay all charges incident to inspection or tests made by
or on behalf of Buyer.
8. Limited Warranty: Buyer is solely responsible for determining the type and quantity of goods to be purchased. Seller warrants that its products will meet
or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACT") standards, when tested in accordance
with ASTM and evaluated by ACT standards. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, within one
year after delivery thereof. Seller will uphold its warranty obligations under Florida statute 718.203, as applicable. ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHAN'TABILITYAND FITNESS FOR
A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. THE REMEDY SET FORTH IN THIS SECTION 8 WILL CONSTITUTE
THE SOLE REMEDY OF BUYER UNDER THIS LIMITED WARRANTY.
9. Seller will not be responsible for slump, strength or quality of any concrete to which water or other material has been added by or on behalf of Buyer.
Buyer will be responsible to see that the concrete is handled in accordance with best construction practices. Seller has no control over the placing or
handling of concrete after unloading and does not guarantee the finished work in which it is used. Buyer will be responsible to prevent concrete after
unloading from coming into contact with any material, such as aluminum, which may adversely impact concrete strength.
10. Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by the Seller in the marketplace. Buyer will be solely respon-
sible for the effect of such admixture or ingredients on the concrete. Any extra product which may be required in excess of 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 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. 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 CLAIM_ S 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. 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.
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 QIbISDS) ARE AVAILABLE AT W W W.TITANAIMERICA.COM.
Rev'd 2-08
TITAN -
// CONCRETE "Thank you - We appreciate your business"
Materials for Life*
FORT PIERCE
Ticket no. -
•
g�cret .5� 4199 5FLVITZ ROAD 281719
FT PIERCE, FL 34982
Delivery dal2/23/15 Plant�626 Truck 14.E fiver GILCHRIST, GREGOR) Truck size. 6, 50 Type job SLAB ON
customer rr0004535 _ customer na " I
I mtODNEY HALL CONCRETE CONST zone Tax T5
s:
Tarmacrprojinh 60,& I Customer P.O. no. Orderno. IbSt3e (Terms code Timedue- 11LI' 0
{harge del'nered 3-C.O.D.
'3{harge FO.B- 4C.O.D -F.O.B.
Deliveryname aniJar}dress- UUUNI Y Lot Block -• County
40 MEDITERRANEAN N, PORT ST LUCIE
SPAINSH LAKES 1 SUBDIVISION — SOUTH ON US-1, TL SFANTSI ��
Instructions LAKES DR, TR MEDITERRANEAN BLVD N. ri-7
Quantity --� Product UMU. Unit. price Amount --�
6. Cumulative ` Ord ffO 39 C:94e CAF LDt§0RQ9R500 #57 CY
6.50 10:364 MASTERFIBER M35 — .`0# CY
1.00 B0Q007 FUEL SURCHG LD
1.00 804 014 ENV I RON SURCHG LD n: .
t �7
h
iV
W
4
Load Arrive job site Start discharge Finish discharge. Leave job site Arrive plant
' - 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: -ID Gallons of water added: I Amt of CY Retained:
Customer Approval: Customer Approval: Customer Approval: Customer Approval:
Tested / ❑ Tested properly I No. d, s� q I q. uthoriz€n received by 9 %
❑ Yes U No Yes ❑_No f G 1 )(-/® ,nSj'LO .1
,
Safety is a constant state of mind, with
every employee feeling responsible
and empowered to act to cause him
and others to work safely, on the belief
that all accidents are preventable and
that zero incidents is the only goal.
Lot:
Block:
Address: Correct Not Correct
CUSTOMER COPY
TITAN FLORMA LLC 11
TERMS AND CONDITIONS OF SAL t
1. All sales will be subject to these terms ano conditions ("Contract") and, if buying on credit, to tsuyer's credit agreement with Seller, incorporated heL: ,__`°
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 slid 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, retamage, 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 Y %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 allcosts of collection and litigation
including, but not limited to, reasonable attorneys' fees. Seller reserves the right to require payments in advanceor to cancel the unfilled portion of this
Contract without notice in the event of Buyer default of any Contract provisions, or if the financial status of Buyer becomes impaired or deemed unsat-
isfactory to Seller. Failure of Seller to exercise any of its rights will not be deemed a waiver of any such right.
3. Regular delivery hours are. 7:00 a.m. - 5:00 p.m., Monday through Friday. An additional charge may be added for deliveries outside of these hours and
for any waiting/unloading periods in excess of 60 minutes. Prices are based on full loads; an additional charge will apply to loads of less than seven cubic
yards. The minimum load for each delivery is Ph cubic yards.
4. Buyer will give Seller at least 48 hours prior notice of the time and rate of requested deliveries. Delivery schedules will bemutually 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/orother 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 responsiblefor 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 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 beresponsible 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 responsibleto 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 notguarantee the finished work in which it is used. Buyer will be responsibleto 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 orwaterlcemeut 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 environmentaland 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 most 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 Iv'EGLIGENCE, 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 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 affectthe 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 WMTATION - 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 (D1SDS) ARE AVAILABLE AT W WW.TITANAiMERICA.COM.
Rev'd 2-08