Terms & Conditions

MOCKSVILLE CONCRETE COMPANY, LLC

TERMS AND CONDITIONS

1. Governing Terms & Agreement. These terms and conditions govern every purchase of concrete or concrete products from Mocksville Concrete Company, LLC (“Seller”) by any individual or entity (each, a “Buyer”) and, together with any quotation, deliver ticket, mix design submittal and credit agreement issued by Seller, and any other document specifically referenced herein, form an agreement between Buyer and Seller to provide concrete or concrete products (“Product”)(collectively the “Agreement”). Any proposal or attempt to vary the terms of this Agreement is expressly rejected by Seller, unless signed by an authorized representative (Owner). Buyer’s signature on any part of the Agreement, request for Product in person, or over the phone, or acceptance of Product, each constitutes Buyer acknowledgment that it accepted and is bound by the agreement. Buyer acknowledges that any written or verbal order for concrete materials is expressly limited to the terms and the Contract for Materials on Account, if applicable, and if the purchase order from the Buyer states terms additional to or different from those set forth herein or in the Contract for Materials on Account, if applicable, this shall be deemed a notice of objection to such additional or different terms and rejection thereof. Any acknowledgment sent by the Seller to the Buyer after the Seller's receipt of a purchase order from the Buyer shall not be deemed to be an acceptance by the Seller of any offer by the Buyer and shall not alter these terms and conditions or the Contract for Materials on Account. Buyer further agrees that all of Buyer's orders will state specific quantities desired. Buyer agrees to pay Seller's current established unit price for the materials supplied as indicated on the Seller's invoice. Buyer has read and understands these terms and conditions and agrees that Seller's shipment of any goods or performance of any service under this order shall constitute Buyer's acceptance of these terms and conditions and the Contract for Materials on Account, as applicable, only.

2. Proof of Delivery. Proof of delivery shall be verified by 1) the signing of the delivery ticket by any person at the delivery site representing the Buyer, 2) the signing of the delivery ticket by the driver of the concrete truck (employee of the seller), or 3) Other written instructions as agreed upon to by both buyer and seller before delivery. The buyer accepts these terms and conditions upon point of sale; discharging any portion of the delivered concrete load (the point of sale: when the Product exits the end of the chute from any delivery vehicle owned or operated by Seller). Title to and risk of loss shall transfer to Buyer at the point of sale. Seller's printed delivery tickets shall constitute prima facie evidence of the product and quantity delivered and the date and scheduled delivery time.

3. Volume and Delivery. No cancellation of an order will be accepted after the seller has loaded the product upon delivery. Any claim for product(s) shortage must be made to the seller within 24 hours after delivery. The Buyer's rights concerning the product(s) rightfully rejected are limited to the rights outlined in paragraph 12 below. Delivery charges based on load size may apply. Seller reserves the right to add other charges, including but not limited to cancellation or evening or weekend delivery charges. The Buyer agrees to provide suitable roadways and entrances to the point of delivery for Seller vehicles if other than on paved streets. If, in Seller’s opinion, such suitable roadways or approaches are not provided or available, Seller reserves the right to stop deliveries until conditions are remedied and suitable roadways or approaches are available. In the event the Buyer orders delivery beyond the curb line, Seller assumes no liability for any damage to sidewalks, driveways, roadways, or other property, and the Buyer hereby agrees to indemnify and Seller, its directors, officers, employees, shareholders, successors and assigns harmless against all claims, liability, loss or expense incurred as a result of such damage that may occur. The Buyer agrees to provide suitable facilities to allow for the washing of the Seller's truck mixer.

4. No Added Materials. The Buyer shall not add or instruct the driver to add any materials to the Product(s). Doing so voids the Seller’s limited warranty and any liability the Seller may have for defects in the product. Concrete shall be batched following recognized industry-acceptable standards such as ACI and ASTM specifications. Additional water added by the purchaser that exceeds the water-cement ratio for this load can result in lower strengths and overall quality of concrete. Additional water and other materials requested by the Buyer or their representatives added to the Product voids all warranties and liabilities unless authorized in writing by the Seller.

5. Uniformity of Finish or Color. Concrete is produced from naturally occurring materials, so natural variations—color, efflorescence, lignite, and other variations—may occur. Because there are too many variables during the manufacture of raw materials, concrete production, and those encountered during placement and finishing, the seller hereby disclaims any responsibility or liability whatsoever for any alleged lack of uniformity in the color or efflorescence of the concrete.

6. Limited Warranty: Products supplied hereunder shall conform to applicable specifications for compressive strength, durability, and workability in the ACI and ASTM specifications or such other alternative specifications as may be required for a particular order, all as may be amended from time to time. It is the Buyer's responsibility to provide any alternative applicable specification(s) to Seller. The Buyer acknowledges that Seller has no responsibility for the Product(s) after the Product {s) leave(s) Seller custody and control (at the point of sale); and, in particular, that Seller has no control over placing, finishing, or curing of Product(s). Seller does not guarantee the finished results obtained from this load of concrete. Seller will repair or replace any goods supplied by Seller that fail to meet this limited warranty, subject to the Limitation of Liability below. This warranty does not apply to Products that are concrete “V-interlocking blocks” or that have been manufactured by any third party, all of which are sold as-is, where-is. This warranty also does not apply if the placement of Product is not completed within the timeframe specified for delivery and placing for any reason other than Buyer’s breach of this Agreement.

7. Concrete Strength. When the material's strength, quality, or character is to be determined, the current edition of ASTM C94 shall govern all quality control, testing, measuring, and acceptance of materials. Seller is not responsible for the slump, strength, or quality of any concrete to which Water or other material has been added by or on behalf of Buyer. The buyer is responsible for ensuring the concrete is handled following best construction practices. Seller has no control over the placing or handling of concrete after unloading and expressly disclaims any responsibility for the finished work in which it is used. The buyer is responsible for preventing unloaded concrete from coming into contact with any material that may adversely impact concrete strength.

8. Concrete Temperature. Concrete temperature will be dictated by the environmental and material conditions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measures during production at the expense of Buyer. Buyer is responsible for the requirements of ACI 305R and 306R.

9. Exclusions from Agreement. The agreement shall not apply and Seller has no liability under this Agreement if: a) Sampling and testing of Products is not in strict accordance with the above-noted ACI Standards or if results are not interpreted in strict accordance with current ASTM test methods. b) Placing, finishing, and curing of Products or Addition of water results in the slump exceeding the maximum specified slump; c) The Buyer adds any material(s) to the Product(s); d) The Buyer specifies any of the proportions of the Product mixed. In order for the limited warranty to apply, the proportions of the consistent materials comprising the Product(s), must be within Seller control; e) Placement of Product(s) must be completed within the timeframe specified for delivery and placing in the applicable specifications: f) The Buyer must supply correct project specifications or orders Product(s) that are within applicable project specifications; g) Product is concrete Blocks (“V-interlocking block(s) produced from bin block form or construction method.

In addition, with respect to any use of Seller ready-mixed concrete products in sidewalks, curbs, gutters or other exterior exposed flatwork applications. Product durability is not warranted where the installed concrete is exposed to any non- traditional or alternative chemical de-icing materials, or expressly stated on the de-icing product warning as stated on product data sheet or packaging label, without limiting the foregoing, calcium chloride, calcium magnesium acetate (CMA), potassium chloride, magnesium chloride, and all and any combination thereof.

10. Buyer's Responsibilities Respecting Delivery: Buyer agrees to provide suitable roadways or approaches to Points of delivery other than on public roadways and alleyways. If such suitable roadways are not provided, Seller reserves the right to stop deliveries until conditions are remedied. Buyer is responsible for and agrees to indemnify the Seller' against all liability, loss, and expense incurred as a result of deliveries beyond public roadways or alleyways. Seller reserves the right to refuse entry to its site of any vehicle or person it deems unsafe.

11. Delays: All agreements made and orders taken are subject to the contingencies of and delays in production and delivery. Seller shall not be responsible, nor will allowances be made, for delays resulting from fire, strikes or other labor troubles, accidents, delays in transportation, equipment failure, shortage of trucks, fuel or material, governmental interference or regulation, weather conditions or any other contingencies beyond Seller's control. In the event of inability to perform fully, Seller shall have the right to allocate shipments in any manner it deems fair and reasonable. Seller reserves the right to refuse to make delivery where he believes delivery is unsafe or impracticable by reason of any existing or threatened strike, picketing, or other labor dispute.

12. Defects/Limitation of Liability: Notice of any defect in materials or nonconformity to specifications shall be made in writing within 15 days from receipt of such materials, after which any such claim for such defect or nonconformity shalt be deemed waived, except that yield complaints must be made in writing no later than 24 hours after receipt of materials, and, in such instance, the quantity of loaded or delivered Product that is shown on Seller’s delivery ticket shall be conclusive evidence of the quantity of Product delivered. Seller's liability for such defective or nonconforming materials shall be limited, under any theory of law, to their replacement or refund of the purchase price. Seller shall have the right to inspect and satisfy itself as to the validity of any such claims. Seller shall have no responsibility for damage or shortage of any materials unless such damage or shortage is noted on the delivery ticket and materials claimed to be damaged are held and made available for Seller's inspection. Warranty claims that are based on the strength of the Product must be made in writing within 60 days of the date of delivery of the Product. THE CASE OF ALL CLAIMS MADE AGAINST SELLER, INCLUDING BUT NOT LIMITED TO CLAIMS FOR FAILURE OR DELAY IN DELIVERY, SELLER SHALL IN NO EVENT BE LIABLE FOR ANY LOSS PROFITS, SPECIAL OR CONSEQUENTIAL DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE MATERIALS SUPPLIED ACCORDING TO ANY ORDER UNDER THIS AGREEMENT HAVE BEEN DELIVERED.

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. IN NO EVENT WILL SELLER BE RESPONSIBLE FOR DAMAGES 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 DELIVERED PERSUANT TO THIS TICKET. ALL OTHER WARRANTIES, 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 THESE TERMS AND CONDITIONS WILL CONSTITUTE THE SOLE REMEDY OF BUYER UNDER THE LIMITED WARRANTY PROVIDED HEREIN. EXCEPT AS OTHERWISE PROVIDED UNLESS MADE SPECIFICALLY IN WRITING, SIGNED BY THE PRESIDENT, AND ATTACHED TO AND MADE PART OF THIS CONTRACT.

SELLER SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, POSTPONEMENTS OR FAILURES TO DELIVER RESULTING FROM WEATHER, FIRES, NATURAL DISASTERS, FAILURE OF TRANSPORTATION EQUIPMENT OR FACILITIES, STRIKES, ACCIDENTS, OTHER PARTIES' NEGLIGENCE OR ERROR, OR ANY REASON OR CAUSE BEYOND THE CONTROL OF SELLER. BUYER AGREES TO PROTECT SELLER AND HOLD SELLER HARMLESS FROM ANY LOSS OR CLAIM ARISING OUT OF THE NEGLIGENCE OF BUYER, BUYER'S AGENTS, EMPLOYEES OR REPRESENTATIVES IN THE INSTALLATION OF ANY OF SELLER'S MATERIALS.

13. Seller is Supplier: Buyer acknowledges and agrees that Seller is a supplier of materials within the meaning of applicable laws and regulations and is not to be deemed a subcontractor. Seller provides no concrete installation services.

14. Waiver: No waiver of the Seller's rights shall be valid unless in writing and signed by the president or owner(s).

15. No Third-Party Beneficiary. This Agreement is not intended to confer in or on behalf of any person or entity not a Party to this Agreement (and their successors and assigns) any rights, benefits, causes of action, or remedies with respect to the subject matter or any provision of this Agreement. No provision of this Agreement shall in any way inure to the benefit of any such third person (including the public at large) so as to constitute any such person a third-party beneficiary of this supply agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person, not a party hereto.

16. Construction with Terms on Contract for Materials on Account. The parties agree that the terms and conditions contained on the delivery ticket(s) shall govern the sales and supply of concrete reflected on the front side of this delivery ticket. In the event, however, that the Buyer is a credit customer of Seller and subject to the Contract for Materials on Account, then the parties agree that the terms of this Delivery Ticket shall be read together, harmonized and construed to supplement whenever possible the terms and conditions outlined in the Contract for Materials on Account or in any quotation submitted by Seller to Buyer: provided; however, in the event of a conflict between the terms on this delivery ticket and the terms on the Contract for Materials on Account, the provisions contained in the Contract for Materials on Account shall prevail.

17. Technical Information and Assistance. Any technical or other information, including calculating concrete amounts, assistance provided by Seller or its agents, or oral statements made by Buyer or its agents about the Product, is given without warranty or specification and accepted at the Buyer’s risk.

18. Accessorial Tariff. This section summarizes the current prices for the products and services offered by Mocksville Concrete Company, LLC. Prices are not all-inclusive; additional rates may apply.

Plant Opening Fees:
Additional charges may apply if a plant is required to open outside of regular operational hours. Regular operational hours are:

Monday through Friday: 6:00 AM to 5:00 PM (Charges may apply if before 6:00AM or after 5:00PM)

Saturdays: Closed (Charges may apply at any time of the day)

Sundays/Holidays: Closed (Charges may apply at any time of day)

Invoice Description Price

Saturday Fee $10.00 per cubic yard

Sundays & Holidays Fee $20.00 per cubic yard

Minimum Load Charges:

Invoice Description Price per Ticket

Small Load Fee <5 Yards (delivered in Davie County) $150.00

Small Load Fee <5 Yards (delivered outside of Davie County) $200.00

Additional Stops:

Invoice Description Price Per Stop

Additional Truck Delivery Stop $75.00

Admixtures & Added Products:

Blocks:

Invoice Description Price

V-Interlocking 6’x6’x2’ Block $60.00 per block

Fibers:

Invoice Description Price

Residential Fiber $6.00 per cubic yard

Other Fiber(s) Available Upon Request Price dependent on request

Retarders:

Invoice Description Price

2 ounces Retarder (minimum 1%) per cubic yard $0.75 per cubic yard

3 ounces Retarder (mid-range 2%) per cubic yard $1.50 per cubic yard

4 ounces Retarder (maximum 3%) per cubic yard $3.00 per cubic yard

Miscellaneous Charges:

Detention charges are six minutes per cubic yard unloading time free of charge. Additional unloading time will be billed at the rate below. Dispatch can recall a truck for slow unloading, buyer assumes cost.
If towing is required due to truck being stuck off-road, below charges plus cost of tow applied.
Additional charges may be applied as needed when there is a materials shortage.

Invoice Description Price

Credit Card Surcharge (Automatic) 3% of Total Invoice Amount

Color Washout $50.00 per Ticket

Towing Charges $500.00 per Ticket

Detention Charges $1.25 per minute (when greater than six minutes

per yard)

Payment Terms:

Accounts with past due balances are subject to credit hold until they are brought up to good standing. If payment is received after the invoice date + Net Days, the customer will be subject to a finance charge. If payment is received after the invoice date plus the days no discount, the customer will be charged the full non-discounted rates for all mixtures and accessorials. In addition to any other rights or remedies that Seller has herein, Seller may apply payments received from Buyer in any manner it deems appropriate against amounts owed from Buyer to Seller, including but not limited to applying such payment received against older invoices on the same or other projects.

Invoice Payment Terms 30 Days

Financing Charge 1.5%

Days No Discount 90 Days

Unless specifically noted, the quoted price only includes the manufacture and delivery of product. It does not include any cost of inspection, tests, cost recovery items (including charges or fees relating to fuel or other surcharges, environmental matters, plant opening, tickets or fines, restricted loads, extra stops or diversions, minimum loads, weekend work, wait time, clean up time, cancellation, overtime, winter handling, summer cooling, returns, dumps or disposals) or charges due to customers delays, actions or inactions, nor does it include taxes, bonds or other government levies, tariffs or duties, all of which if applicable, are payable by the customer. If a customer is tax-exempt, they must present satisfactory proof of his tax exemption certificate before the time the product is shipped.

19. Entire Agreement. These terms and conditions and any terms and conditions set forth on the Seller's quotations, if applicable, the Contract for Materials on Open Account, if applicable or otherwise provided by a supplementary written agreement between the Parties executed by both Seller and the Buyer, comprise the entire agreement between the parties respecting the Seller's sale and delivery of concrete materials to the Buyer and supersede all other agreements, written or oral, regarding the subject matter of this Agreement, and no prior or subsequent understanding, agreement, term, condition or trade custom that conflicts with or is supplementary to these terms and conditions is binding on Seller, all of which are specifically rejected by Seller and delivery of the Product hereunder constitutes Buyer’s acknowledgment of such rejection.

Please contact 336-753-1400 with any complaints or questions. May 2024