Terms & Conditions

1. Application. These Terms and Conditions apply to any and all orders and/or purchases of materials from Salomone Redi-Mix L.L.C., and/or its Affiliates ("Seller"). The provisions of any written quote provided by Seller to Buyer shall include these Terms and Conditions.

2. Cash Sales. Payment must be made prior to delivery. Buyer is responsible for all charges for materials and any and all additional charges levied by Seller pursuant to Seller's current price list, including but not limited to charges for delivery, admixture(s), short load fee, standby time and washout. In the event a check is not promptly honored by the bank on which it is drawn, Buyer is responsible for a monthly finance charge of 1.5% of the amount of the dishonored check as well as Seller's costs of collection, including but not limited to attorney's fees, collection fees, bank fees and court costs.

3. Credit Sales. Sales on account must be pre-approved by Seller pursuant to a separate credit agreement between Buyer and Seller. Payment terms are net 30 days from date of invoice unless otherwise noted in the credit agreement. Amounts not paid within the payment terms will be considered past due and subject to a monthly finance charge of 1.5%. Salomone Redi Mix L.L.C., and/or its Affiliates reserve the right to place the Buyer on credit hold in the event the Buyer does not comply with the terms of the credit agreement. In the event an account is past due Salomone Redi Mix LLC., and/or its Affiliates will seek all legal remedies available to satisfy the debt. Send all payments to 17 Demarest Dr., Wayne, N.J. 07470.

4. Acceptance of Materials. Before unloading Buyer shall confirm that the materials listed on the reverse are the materials ordered. Once materials are unloaded, Buyer's acceptance is final.

5. Access and Site Conditions. Buyer is solely responsible for providing access beyond the curb at delivery location which is reasonable and safe as determined by Seller's driver at time of delivery. Seller reserves the right to refuse delivery unless and until reasonable and safe access is provided, and Buyer shall pay in full all costs for materials which cannot be delivered because of unreasonable or unsafe access. Buyer waives and releases Seller and its employees, agents, and contractors from any and all claims of damage to property arising from the delivery of materials, including but not limited to damage to curbs, sidewalks, driveways, roads, buildings, overhead wires and underground improvements. Buyer agrees to indemnify and hold Seller harmless from and against any and all liability, loss, and/or expense claimed by Buyer or any third party and arising from the delivery of materials. Buyer is solely responsible for providing trackout and washout provisions to mitigate any impacts to public streets as a result of the delivery. Buyer is responsible for costs associated with traffic control, in the event Buyer's negligence causes Seller to receive a summons and or fine the Buyer will be solely responsible for all costs associated with remedying same.

6. Mix Designs. Seller is not responsible for selection of a mix design for use in a specific project, job or application. Seller's mix designs meet design strengths when tested using current ASTM standards and evaluated in accordance with ACI standard practices. Buyer shall provide all concrete test results to Seller. Mix designs provide for minimum cementitious content and Seller reserves the right to increase cementitious content. Ad-mixture amounts are per manufacturer's recommendations and may be adjusted by Seller to maintain mix design properties. Aggregate weights may be adjusted by Seller to maintain proper yield and to comply with grading specifications. Buyer is responsible to notify Seller of any approved mix design(s) when placing an order.

7. Color. Seller does not guarantee the finish color of the concrete or in cases where a dye is used Seller does not guarantee that the colored materials will exactly match samples. Buyer is responsible for following manufacturer's procedures, best practices and industry standards when placing, finishing and curing concrete with or without dye.

8. Warranty. Seller guarantees that at delivery, the materials will comply with the mix design specifications utilizing the materials listed on the reverse, including but not limited to applicable ASTM standards. Where Buyer has specified the compressive strength of material, Seller guarantees that the material meets the specified compressive strength when properly placed, finished, cured, and tested in accordance with applicable ASTM and ACI standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THESE TERMS AND CONDITIONS, AND SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

9. Buyer's Responsibility. Buyer is solely responsible for and Seller's warranty does not apply to: (1) finished work in which the Seller's materials will be used, as Seller has no control over the handling, placing, finishing, or curing of materials; (2) quality of any material to which Buyer has added any substance, including but not limited to water; and/or (3) contact of the materials to contaminants or deleterious substances, including but not limited to reactive soils and minerals. Material volume is determined by ASTM standards and does not necessarily represent volume yields when placed.

10. Limit on Liability. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM NEGLIGENCE OF SELLER OR OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY AND BUYER'S SOLE REMEDY IS REFUND OF THE PURCHASE PRICE OF THE MATERIALS PURCHASED.

11. Delays and Cancellations; Substitutions. Seller shall not be responsible for delivery delays whether or not attributable to traffic, weather, plant or equipment breakdown, unavailability of materials, strikes, lockouts, and/or labor disputes. Materials and delivery times are subject to prior reservation and may not be available on a particular day. Seller reserves the right to provide Buyer with material(s) that meet or exceed the specifications of the material(s) ordered and/or ship materials from a location other than specified on the order.

12. Attorneys' Fees. In the event of any litigation between Buyer and Seller under this agreement, the prevailing party shall be entitled its attorney's and/or collection fees and costs.

13. Controversies and Claims Subject to Arbitration or Litigation. Any controversy or Claim arising out of or related to the Contract, or breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, or at Salomone Redi Mix, L.L.C., and/or its Affiliates sole discretion, by litigation in a court of competent jurisdiction with locale to be Bergen County, NJ. If arbitration is selected and a judgment upon the award is rendered by the arbitrator, the arbitrator's award may be entered and confirmed in any court having jurisdiction thereof.

14. Modification. These Terms and Conditions may be modified only in writing and signed by Seller's General Manager or other officer.

15. Wash Out. Buyer is responsible for providing lawful area for the driver to wash/rinse off his chutes (also known as washing out). IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RESULTING FROM WASHING OUT OR FROM NEGLIGENCE OF SELLER OR OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY.

16. Sales Tax. Prices do not include sales tax. If project is deemed tax exempt all proper documentation must be provided prior to project commencement.

17. Price Changes. Prices are subject to immediate change without notice.

18. Precedence. In the event of any conflict, inconsistency or ambiguity, this estimate or quote and these terms and conditions shall govern, control and have precedence over any other agreement or documentation.