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Home My WebLink AboutInspection Docs 4PTITAN C0lNCRETE ' Thank you - We appreciate your business" _- Materials for Life' Ticket no. gnmcrete" F 13—R T FOIE REE 4 19 9 S E Lid L T<Z F,C+f'tD 28831.3; Delivery date Plant Truck'1 I Driver Truck size Type job 1715/;='1�']! =; i='1:�FS• i L,. 'rl O.- r•;fl'f ri P- Oil- sF 1 U!-'I.!i Customer no. Customer name Zone Tax CD '�! ItzI�y1Ilr J a I RODNEY Hr1_..1._ Tarmac project no. I Customer P.O.no. Order no. I Terms code 1-Charge delivered 3-C.O.D. Time due 4410--: 1 L r,, '2;Char a F.O.B. 4-C.O.D-F.O.B. "' Delivery name and address Lot Block County ST LUC I Er COUNTY 5158 SPF-WISH LAKES BLVr, FT PIERIDE Instructionsf-- s F�(,if-3`!(S SULID I V I.,S i'ON — r:35 Irl E; TITAN FLORIDA LLC I FRMS ANN)CONDITION'S OF SALE 1. All sales will be subject to these terins and conanions("C'ontracr")and, if bminr_on credit,to Buycr's credit agrecmein with Seller,incorporated herein by reference:all other terms. including any terms contained i1I Buyrr's purchase order,are excluded,unless agreed to by Seller in�rriting.Any changes must be in writing and signed by each party. This Contract will be construed in accordance with the la,cs of the state of Florida. For all disputes relating to this Contract, Buyer hereby consents to the jurisdiction and venue of the State and 1'edcral court,for tftc loctnion ofthe delivery site oi"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`1)10 101"prow inno may be deducted if no proviotts balances a c pact nue.interest at rhe lesser of 1 h°;,per month or the maximum rate allowed by law will be unposed on outstanding and delinquent invoices from the date of deli,er}' 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,SC ler will be entitled to rcco,or from Buyer all costs creel lection and litigation including.but not limited to;reasonable attonicys'tees. Seller rescrves the viglu to require raymcnts in advance or to cancel the Unfilled portion of this Contract without notice in the event of Buyer default of any Contract provisions,or it*the financial status of Buyer becomes impaired or deemed unsat- isfactory to Seller. Failure of Seller to exercise any of'its rights �,,ill not be ctcenud a v ai%er of any such riltht. 3. Regular delivery hours are 7:00 a.m. -5:00 p.m., ,Ionday through Friday. An additional civarge nn;:y 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 chat ge ti,ill apply to loads of less than seven cubic yards. The minimum load for each delivery is 1 �-cubic yards. 4. Bever will give Seller at least r8 hours prior notice ofthe time and rate of rceluested deliveries. i)eh,cry schedules will be mutually agreed upon between Seller and Buycr. Deliveries will be made to the best of Seder's ability to dispatch,however, t3uy01'rraivcs any claims associated with any delays in delivcr�. 5. Buyer must provide suitable approaches to delivery,points beyond paged structs. For dcli,cty bei and curb lines,Buyer assumes all liability for damage to vehicles,sidewalks,drivel%ays,pipcs.septic tanks,arid/or other property,and Buyer Will b,dcmnif, and hold Seller harmless from and against any and all liability, loss and expense incurred as a result of such dcli.,cry, ;ncludim! nto, not limiter' to towing charges,except to the extent caused by Seller's gross negligence or willful misconduct.Buyer waives any right of subrogation At_ainst Seller. 6. Buyer is responsible for full payment of,including all costs of disposal and Seller's return chulrgc ner truck_for.(i)orders not cancelled at least one hour prior to delivery time; (ii) concrete delivered due to Buyor's mistake or in e,.rtsS of rcquirernvnts: (iii) concrete not deliverable due to unsuitable approaches. T Concrete prices and quantities are based upon the v,ct volume at the time of discharce front the truck,and are not bold'`form nrcasurcment"or meaSUred "`in place". Yield will be established in accordance ��,idt applicable AST:'VI suni,lards Buyc:r,%ill pay all charges incident to inspection or tests made by or on behalf of Buyer. S. Limited Warranty: Buyer is solely responsible f or determining the type and quantity ofgoodS to be purchased.Sciler vvarrants that its products will meet or exceed applicable American Society for'Tesiing:,dat::rials("AST.A")and American Concrete fnsutnte("\Cl")standards,when tested in accordance with ASTM and evaluated by A0 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 warrant). obligations uiicier Florida statute 718.203, as applicable. At..]-, OTHER WARRANTIES, WHETIIER EXPRESS OR IMPLIED.INCLUDING WIT "OUT LIMITATION Hr,:WARRANT]ES:?F 10ERCI IANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE,ARE HEREBY LXPR,ESSl,Y EXCLUDED. Tl IE' REMEDY SET I'Olt(FI IN THIS SECTION 8 WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDERTIIIS LIM1"f1 D's't'ARRA'JTY. 9. Seller will not be responsible for slump,strength or quality of any concrete to a hick 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 accorda+ice with best construction practices. Seller has no control over the placing or handling of concrete after unloading and does not Luatanteo the finished work in which it is used. Buyer will be responsible to prevent concrete after unloading from corning into contact-with any material.such as,duminum.;which may adversely impact concrete strength. 10. Buyer will Furnish any admixtures or ingredients it desires that are not regUl urly supplied by the Seller in the marketplace. Buyer will be solely respon- sible for the cifect of such admixture or ingredients on the concrete. Any csu<t product which may be requited in excess of the mix design quoted,or which ma_v be required to provide workability.strength,setting time or Nvater/cement ratio,will result in an additionat ingredient charge payable by Buyer. ll. Concrete will be batched and delivered in accordance with ASTM C-94.Concn tu tempetaturc vi ill be dictated by the environmental and material condi- tions at the time of delivery.Any requirement beyond these conditions wit! require the:implementation o�'controlled measures during production at the expense of Buyer. 12. Buyer must give Seller written notice within 48 hours after delivery ofany claim against Sctic;as ti result of any alleged nonconforming materials or any other cause whatsoever(other than failure to meet compressive strength,in,vllich event the tine for notice will be within 48 hours after the customary time for analysis of the test cylinder), timc being of the essence. Seller will be givetn 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 BF LIABLE UNDER ANY C'IRCUMSTANC'ES FOR ANY SPECiAI.. 1NC'11)FNT.M_, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY DA,,\gAGES R[-LATER T() DFLAY, WIIFTI-TER BASED ON STATUTE. TORT, CONTRACT.OROTHERWISE.ANDWHETHER ORNOTARISINGFROM SELLFR'SNEGLIGENCE,STRICT LIABILITY ORFAULT. INNO EVENT WILL SFLLER BE RESPONSIBLE FOR DAMAGE DUE'TO THI ACT[ONtS OF OTHERS OR Tf IE FAILURE OF BUYER TO COMPLY WITH ITS OBLIGATIONS.SELLER'S LIABILI rY FOR ANY CLAIMS WILL 13F 1,11MITED T01I IE PURCHASE PRICE OF THE GOODS SOLD UNDER`I HIS CONTRACT. 14.Notice. All notices to Seller will be sent in writing to the sales Oft-ice issuing the price quotatioll,with a copy to Credit Department,455 Fairway Drive, Deerfield Beach,FL 3344!. 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 p,•rmitted by lavv: NV'ARNINC:_CAUSES SKI! IRI2,iTV9_!ON iN.iFJY-t2IQU TSI EYES, CONTAINSPORTLANDCEMENT. FRESHLYMIXF-DC'ONCRFT1 ."i^.YC`1I:tiI SKINIRRITATIO,ORINJURY. AVOID CONTACT WITH SKIN WHERE. POSSIBLE. WASH EXPOSED AREAS PROMPTLY WITH WATER. IF \NY MIXTURFS GET INTO THE EYE, RINSE. IMMF..,DIATELY WITH WACER:A4DGFTPROMPT MEDICALATTENTIONt. KI:EPOUTOFRVF .CIfOFCl1ILDRLN. INIATERIALSAFF'I"YDATASHEETS(�3`SDS)ARE AYtO "Al3LE,-0--NV'W`.'t'.9'f"t`Oi':t�i(:i?IL',1,CUlt, Rev'd 2-08