TERMS AND CONDITIONS

LAWSON CONCRETE LLC

 

PLEASE READ!!

ORDER DELIVERY TERMS OUTLINE

 

 

 

 

 

 

TIME CHARGES

1ST HOUR - FREE

2ND HOUR - $120/HR ($40 PER 20 MIN OR FRACTION THEREOF)

3RD HOUR - $200/HR ($67 PER 20 MIN OR FRACTION THEREOF)

4TH HOUR+ - $300/HR ($100 PER 20 MIN OR FRACTION THEREOF)

ALL TIME CHARGES ARE BILLED IN 20 MINUTE INCREMENTS. ANY FRACTION OF 20 MIN INCREMENT IS ROUNDED UP TO THE NEXT INCREMENT.

 

MIX CHANGES

ANY REQUESTS MADE TO PRESET MIX DESIGN MUST GO THROUGH DISPATCH AND WILL VOID ANY STRENGTH TESTING CERTIFICATIONS

 

CANCELLATIONS

CANCELLATIONS AFTER 24 HOUR PRIOR TO THE SCHEDULED POUR TIME WILL RESULT IN A $500 PER TRUCK FEE ($500 PER 10 YARDS, ROUNDED UP TO THE NEXT 10), FEE WAIVED AT THE OWNERS SOLE DISCRETION AND AUTHORIZATION.

 

PARKING/POURING

CLIENT IS OBLIGATED TO PROVIDE A STABLE, SUITABLE LOCATION FOR LAWSON CONCRETE TRUCKS TO PARK IN ORDER TO POUR, ANY FEES ASSOCIATED WITH TRUCKS GETTING STUCK, REQUIRING TOWING AND/OR RECOVERY WORK WILL BE BILLED DIRECTLY TO THE CLIENT.  IF MANAGEMENT NEEDS TO BE DISPATCHED TO ASSIST AN ADDITIONAL $500 FEE WILL BE INCURRED.  ASSUME 77,000 POUND TRUCKS

 

WASHOUT

CLIENT IS OBLIGATED TO PROVIDE AN APPROVED WASHOUT AREA TO RINSE THE TRUCKS ONCE POURING IS COMPLETE. FAILURE TO PROVIDE A WASHOUT AREA WILL RESULT IN A $200 FEE CHARGED TO THE CLIENT.

 

PROPERTY DAMAGE

ANY PROPERTY DAMAGE THAT OCCURS AS A RESULT OF THE CLIENTS DIRECTING OUR DRIVERS TO A SUITABLE POUR LOCATION IS THE SOLE RESPONSIBILITY AND EXPENSE OF THE CLIENT

 

1. BINDING AGREEMENT. These terms and conditions and the applicable terms of all Lawson Concrete LLC sales documents (collectively “Agreement”) shall be binding upon Buyer and shall apply to all sales transactions between Buyer and Lawson Concrete LLC Concrete Company (“Lawson Concrete LLC”). This Agreement shall inure to the benefit of the subsidiaries, affiliates, successors and assigns of Lawson Concrete LLC, shall be binding upon Buyer’s heirs, legatees, devisees, personal representatives, successors and assigns and shall apply to all transactions between Lawson Concrete LLC and Buyer.

 

2. SALES TERMS. Buyer agrees that all sales by Lawson Concrete LLC to Buyer shall be pursuant to Lawson Concrete LLC’s Sales Terms and Conditions in effect at the time of each transaction and to other terms for specific transactions contained in Lawson Concrete LLC’s sales documents, notwithstanding any provision to the contrary in Buyer’s Purchase Order or any other transactional document. Buyer agrees that Lawson Concrete LLC’s Sales Terms and Conditions and the terms of Lawson Concrete LLC’s proposals, order confirmations, delivery tickets and other sales documents are binding on Buyer and take priority over and supersede all of Buyer’s purchase and other document terms, unless specifically agreed to in writing by Lawson Concrete LLC and signed by a duly authorized officer of Lawson Concrete LLC.

 

3. ESTIMATE DISCLAIMER. All estimates provided by Lawson Concrete LLC are intended to provide Buyer with a rough estimate of the amount of material required for Buyer’s needs. Estimates are provided based on information provided by Buyer and typical building techniques. The actual amount of materials required by Buyer may vary from Lawson Concrete LLC’s estimate. Lawson Concrete LLC makes no warranty with respect to the actual amount of materials required and DISCLAIMS any liability for any variance between Lawson Concrete LLC’s estimate and the actual amount of materials required.

 

4. FORCE MAJEURE. Buyer agrees that Lawson Concrete LLC’s performance will be suspended or excused if production and/or delivery is delayed due to raw material or labor shortage, production shutdown or delay, strike, fire, flood, governmental action or any cause beyond the control of Lawson Concrete LLC.

 

5. WARRANTY/LIMITATION OF LIABILITY. Lawson Concrete LLC warrants that the goods sold and services provided will conform to Lawson Concrete LLC’s written specifications, and conform otherwise as specifically provided on other Lawson Concrete LLC sales documents for specific transactions. LAWSON CONCRETE LLC MAKES NO OTHER WARRANTIES AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAWSON CONCRETE LLC DISCLAIMS ALL RESPONSIBILITY FOR THE FINISHED WORK INTO WHICH THE GOODS ARE INCORPORATED OR FOR COMPLIANCE WITH FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS.BUYER’S SOLE REMEDY IN THE EVENT OF A BREACH OF LAWSON CONCRETE LLC’S WARRANTY OR OTHERWISE IS FOR REPLACEMENT OF ANY DEFECTIVE ITEM SOLD. IN NO EVENT SHALL LAWSON CONCRETE LLC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING LOST PROFITS, LOST BUSINESS, LOSS OF FINANCING, LIQUIDATED DAMAGES, FINES AND PENALTIES, EVEN IF LAWSON CONCRETE LLC HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES AND LOSSES. LAWSON CONCRETE LLC’S LIABILITY SHALL IN NO CASE EXCEED THE AMOUNT FOR WHICH BUYER WAS INVOICED FOR ANY PROVEN DEFECTIVE ITEM SOLD BY LAWSON CONCRETE LLC.

 

6. PRODUCT CLAIMS. BUYER AGREES TO NOTIFY LAWSON CONCRETE LLC IN WRITING WITHIN TEN (10) DAYS OF DELIVERY (OR OTHER TIME SPECIFIED ON LAWSON CONCRETE LLC’S SALES DOCUMENTS FOR SPECIFIC TRANSACTIONS) OF ANY CLAIMS THAT THE GOODS AND/OR SERVICES PURCHASED ARE DEFECTIVE OR FAIL TO MEET THE WRITTEN SPECIFICATIONS. FAILURE TO DO SO WITHIN THE REQUIRED TIME CONSTITUTES A WAIVER OF ANY SUCH CLAIM.

 

7. INDEMNIFICATION. Buyer shall indemnify and hold Lawson Concrete LLC and its affiliates and their respective owners, officers, directors, employees and agents (“Indemnified Parties”) harmless with respect to all liability, loss or damage the Indemnified Parties may suffer as a result of all claims, judgments, statutory or regulatory compliance, demands, fines, penalties, costs or expenses asserted against the Indemnified Parties by Buyer and Buyer’s employees and agents and by all third parties as a result of or arising out of the use, consumption, storage, handling, modification, sale or resale of the goods after delivery to Buyer. This indemnity shall apply whether such liability is caused by, or arises out of the negligence of the Indemnified Parties or its officers, directors, agents, employees or otherwise. Buyer shall defend the Indemnified Parties against any and all claims brought or actions filed against the Indemnified Parties with respect to the subject of the indemnity contained herein and Buyer shall further indemnify the Indemnified Parties with respect to all costs incurred by the Indemnified Parties in defending against any such claims or actions, including attorneys’ fees and legal costs, wages and fringe benefits for the time spent by the Indemnified Parties’ employees working on the dispute, expert witness fees and costs and all other expenses of litigation, arbitration and alternative dispute resolution.

 

8. DELIVERY; UNLOADING.

 

(a) For Volumetric concrete, Buyer will be allowed one hour after arrival of truck on the job site and agrees to pay a charge for time in excess of one hour at Lawson Concrete LLC’s then applicable rate. The current rate, unless otherwise agreed to in writing is:

 i. $120 for minutes 60 -120 (Hour 2), billed in 20 minute increments

 ii. $200 for  minutes 120-180 (Hour 3), billed in 20 minute increments

 iii. $300 for each 60 minute period after 180 minutes, with late fees being rounded up to the closest 20 minute increment.

(b) Delivery trucks and fork lifts are not permitted to drive beyond the curb line except upon authorization by Buyer which will be deemed to include acceptance by Buyer of responsibility for damage or loss suffered by any party.

 (c) Lawson Concrete LLC is not liable for personal injury or death to person or for damage to property resulting from the presence of Buyer’s employees, subcontractors or agents on or around vehicles and equipment owned or leased by Lawson Concrete LLC. Buyer assumes full responsibility for such liability and agrees to indemnify Lawson Concrete LLC from all related claims and resulting damages and costs, including legal fees.

(d) The client is responsible for selecting a pour location suitable for an 80,000-pound truck.  Any issues that arise in the field pertaining to the requirement of the truck being lifted, towed, getting stuck, or hazardous conditions in the property preventing the truck from being able to drive out, as it drove in will result in a minimum of a $500 fee for dispatching a supervisor and/or towing company and lost opportunity expenses.  Customer will be required to pay for any actual cost of materials or labor to remove the truck from the job site, in addition to the prior fee.

 

(e) Any property damage that occurs as a result of the Buyer directing the truck to a specific location is the responsibility of the Buyer.  Buyer agrees to waive all liability arising from property damage and personal injury in these situations.

 

 

9. SPECIAL WARNINGS AND PRODUCT INFORMATION NOTICES.

 

(a) SPECIAL WARNING FOR WET (UNHARDENED) CONCRETE, MORTAR, CEMENT OR CEMENT MIXTURES: INJURIOUS TO EYES! CAUSES SKIN IRRITATION! READ THIS WARNING BEFORE USING! Contains Portland Cement. Contact with wet (unhardened) concrete, mortar, cement or cement mixtures can cause skin irritation, severe chemical burns or serious eye damage. Avoid contact with eyes and skin. Wear waterproof gloves, a fully buttoned long-sleeved shirt, full-length trousers and tight-fitting eye protection when working with these materials. If you have to stand in wet concrete, use waterproof boots that are tight at tops and high enough to keep concrete from flowing into them. If you are finishing concrete, wear knee pads to protect knees. Wash wet concrete, mortar, cement or cement mixtures from your skin with fresh, clean water immediately after contact. Indirect contact through clothing can be as serious as direct contact, so promptly rinse out wet concrete, mortar, cement or cement mixtures from clothing. Seek immediate medical attention if you have persistent or severe discomfort. In case of eye contact, flush with plenty of water for at least 15 minutes. Consult a physician immediately. KEEP OUT OF THE REACH OF CHILDREN. BUYER AGREES TO CONVEY THIS WARNING TO ALL PERSONS WHO MAY PURCHASE, USE OR COME IN CONTACT WITH WET (UNHARDENED) CONCRETE, MORTAR, CEMENT OR CEMENT MIXTURES.

(b) WARNING: Some Lawson Concrete LLC products contain crystalline silica (quartz). Crystalline silica is a common mineral found in natural sand and rock. Breathing silica dust may cause respiratory and other health problems, including lung disease, silicosis and cancer, which may result in permanent injury or death. Risk of injury depends on duration and level of exposure. To reduce risk of injury, limit exposure time and use dust mask or respirator. Before using or handling this product, read the material data safety sheet.

 

(c) WARNING: Sawing or grinding some Lawson Concrete LLC products may result in release of dust particles which may cause eye irritation. Wear NIOSH approved respirator and goggles when sawing or grinding. If exposed, flush eyes generously with water for fifteen (15) minutes and seek prompt medical attention.

 

(d) WARNING: Buyer is responsible for the failure of Volumetric concrete to conform to the specifications and standards of the American Society for Testing Materials (ASTM) and the American Concrete Institute (ACI) as a result of the addition of water in excess of the specified volume, delay in unloading or forming, and other similar factors occurring on the job. Buyer must ensure that all concrete is handled in compliance with the applicable ASTM and ACI specifications and standards.

 

(e) NOTICE: Integrally colored concrete masonry and segmental retaining wall units are produced from

natural aggregates and Portland cement utilizing pigments to achieve a relatively uniform color. As with all materials taken from the earth, there will be naturally occurring variation in product shade or tint. As units are placed into use, they should be taken from at least three (3) different cubes to insure uniformity of shade and tint range in the project.

 

(f) NOTICE: Effervescence is a whitish deposit common on concrete products that will occur under certain conditions and normally will disappear over time and weathering. Lawson Concrete LLC is not responsible for effervescence.

 

(g) WARNING: Buyer is responsible for testing concrete and other products and services purchased from Lawson Concrete LLC to ensure desired properties, including  strength testing.

 

10. MECHANICS LIEN INFORMATION JOINT CHECK AGREEMENT. For each transaction, Buyer agrees to provide to Lawson Concrete LLC mechanic’s lien information for the applicable project including the Owner’s full name, address and telephone number; the Mechanic’s Lien Agent’s name, address and telephone number; and the building permit number. Buyer agrees to obtain a Joint Check Agreement with the party responsible to pay Buyer authorizing such party to issue checks for progress payments to Buyer and Lawson Concrete LLC jointly, upon request of Lawson Concrete LLC.

 

11. PAYMENT TERMS/COLLECTION COSTS. Buyer agrees to pay in full the amount for all purchases from Lawson Concrete LLC, including, without limitation, all labor, material and equipment charges, promptly when due according to the terms set forth on the sales documents, or immediately upon Lawson Concrete LLC vehicles leaving the materials yard, and heading towards the Buyer. If such total price is not paid in full by the due date, Buyer agrees to pay a late payment charge on the unpaid delinquent balance calculated at the rate of the lesser of: (a) two percent (2%) per month (APR 24%) unless a different rate is otherwise indicated on a current invoice, in which case such indicated rate would prevail or (b) the highest rate allowed by law. If Buyer should fail to fulfill any of its obligations under this Agreement, or if Lawson Concrete LLC, in good faith deems itself insecure because the prospect of payment is impaired, or the prospect of performance of any provision of the Agreement is impaired, or if a Default occurs for any other reason provided in this Agreement, then Lawson Concrete LLC, at its option and without notice, may declare the entire unpaid balance owed by Buyer to be immediately due and payable, terminate the credit privileges of Buyer under this Agreement, exercise its rights as a secured party, exercise any right of setoff, offset, recoupment or the like with respect to any indebtedness or obligation of Lawson Concrete LLC to Buyer, or any combination of the foregoing. Buyer agrees to pay all costs and expenses incurred by Lawson Concrete LLC in collecting the amounts owed by the Buyer under this Agreement and pursuant to any sales transaction with Buyer, including all attorney’s fees, court costs, and alternative dispute resolution costs incurred by Lawson Concrete LLC.

 

12. CANCELLATIONS.  Any cancellation within 24 hours of the proposed job will result in a $80 per yard cancellation fee.  Such fee will be billed to the Buyer on the morning of the proposed job.  Cancellation fee will not occur if weather conditions make such a pour not reasonably feasible.

 

13. DEFAULT.  The occurrence of any of the following events shall constitute a “Default” under this Agreement (a) Buyer fails to fulfill any obligation of this Agreement or fails to perform, or rectify the breach of, any warranty, agreement, or other promised undertaking by Buyer; (b) Buyer or any guarantor of Buyer’s indebtedness under this Agreement dies, terminates existence, abandons its business, becomes insolvent, bankrupt, becomes the subject of bankruptcy, receivership, insolvency, or similar proceedings, or makes an assignment for the benefit of creditors; (c) Lawson Concrete LLC determines that any information or other representation now or hereafter made or furnished to Lawson Concrete LLC by Buyer is, or is believed in good faith by Lawson Concrete LLC to be, inaccurate, incomplete, or false in any material respect; (d) Buyer violates or breaches any provision of this Agreement; (e) any collateral which is security for Buyer’s indebtedness under this Agreement is lost, suffers material damages or destruction, is levied upon, becomes subject to a receivership, or cannot be located within five days after Lawson Concrete LLC demands to inspect the same; (f) any other event which causes Lawson Concrete LLC, in good faith, to deem itself insecure or to believe that the prospect of performance of any provision of the Agreement by Buyer is impaired. Lawson Concrete LLC may, at its option, permit Buyer to remedy any Default without waiving the Default or any other subsequent or prior default by Buyer. Upon the occurrence of an event of Default, Lawson Concrete LLC shall have all rights and remedies provided in this Agreement as well as any other rights or remedies provided by law.

 

14.  CHANGES IN THE FIELD.  Any requested changes to the mix design by Buyer made after the equipment has left Lawson Concrete LLC’s yard, must be made in writing via email or text to Kim@Lawsoncon.com.  Any change will waive any liability of Lawson Concrete LLC under any subsequent strength/compression testing.

 

15. TRANSACTION DOCUMENTS IN ELECTRONIC FORMAT. BUYER AND GUARANTOR AGREE THAT ALL TRANSACTION DOCUMENTS MAY BE RETAINED AND USED BY LAWSON CONCRETE LLC EXCLUSIVELY IN AN ELECTRONIC FORMAT. SUCH TRANSACTION DOCUMENTS INCLUDE, BUT ARE NOT LIMITED TO, THIS AGREEMENT, ORDER CONFIRMATIONS, DELIVERY TICKETS, DELIVERY ACKNOWLEDGMENTS, INVOICES AND STATEMENTS. BUYER AND GUARANTOR AGREE THAT ALL TRANSACTION DOCUMENTS RETAINED AND USED IN AN ELECTRONIC FORMAT SHALL BE ADMISSIBLE INTO EVIDENCE IN A COURT OF LAW OR ARBITRATION PROCEEDING TO THE SAME EXTENT AS THE ORIGINAL, NON-ELECTRONIC VERSION OF SUCH TRANSACTION DOCUMENTS WOULD BE ADMISSIBLE.

 

16. SECURITY INTEREST. Lawson Concrete LLC retains and Buyer grants to Lawson Concrete LLC a security interest in all goods sold by Lawson Concrete LLC to Buyer to secure payment in full to Lawson Concrete LLC and performance by Buyer of all obligations contained in the Agreement. Buyer appoints Lawson Concrete LLC as its attorney-in-fact to take all action necessary and file all documents to perfect Lawson Concrete LLC’s security interest in the goods and to exercise all rights and remedies afforded to a Secured Party under the Uniform Commercial Code.

 

17. NOTICES. All notices required or permitted pursuant to this Agreement shall be in writing and may be provided by any reliable and verifiable means, including electronic means.

 

18. MISCELLANEOUS. This Agreement constitutes the entire Agreement for the sale and purchase of the goods, and Lawson Concrete LLC shall not be liable for, or bound in any manner by, any representations, guaranties, commitments, course of prior dealings or usage of trade, except as specifically provided herein. No modification of this Agreement, no waiver of any provision or right to demand performance hereunder and no waiver of the requirements of this sentence shall be of any force or effect unless in writing and signed by the authorized agent of the party claimed to be bound thereby, and no modification or waiver shall result from the acknowledgement or acceptance of Buyer’s purchase order forms containing terms different from those herein. A waiver of any right, obligation or Default shall not be construed as a waiver of any subsequent right, obligation or Default. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction or arbitrator, the remaining terms shall remain in full force and effect. In the event of any conflict between the terms of this Agreement and the terms of Buyer’s purchase order or other purchase documents, the terms of this Agreement shall prevail despite such conflict, notwithstanding any provision to the contrary regarding additional terms and acceptance or confirmation contained in the applicable Uniform Commercial Code, or otherwise.

 

 

TERMS AND CONDITIONS

LAWSON CONCRETE LLC

 

PLEASE READ!!

ORDER DELIVERY TERMS OUTLINE

 

 

 

 

 

 

TIME CHARGES

1ST HOUR - FREE

2ND HOUR - $120/HR ($40 PER 20 MIN OR FRACTION THEREOF)

3RD HOUR - $200/HR ($67 PER 20 MIN OR FRACTION THEREOF)

4TH HOUR+ - $300/HR ($100 PER 20 MIN OR FRACTION THEREOF)

ALL TIME CHARGES ARE BILLED IN 20 MINUTE INCREMENTS. ANY FRACTION OF 20 MIN INCREMENT IS ROUNDED UP TO THE NEXT INCREMENT.

 

MIX CHANGES

ANY REQUESTS MADE TO PRESET MIX DESIGN MUST GO THROUGH DISPATCH AND WILL VOID ANY STRENGTH TESTING CERTIFICATIONS

 

CANCELLATIONS

CANCELLATIONS AFTER 24 HOUR PRIOR TO THE SCHEDULED POUR TIME WILL RESULT IN A $500 PER TRUCK FEE ($500 PER 10 YARDS, ROUNDED UP TO THE NEXT 10), FEE WAIVED AT THE OWNERS SOLE DISCRETION AND AUTHORIZATION.

 

PARKING/POURING

CLIENT IS OBLIGATED TO PROVIDE A STABLE, SUITABLE LOCATION FOR LAWSON CONCRETE TRUCKS TO PARK IN ORDER TO POUR, ANY FEES ASSOCIATED WITH TRUCKS GETTING STUCK, REQUIRING TOWING AND/OR RECOVERY WORK WILL BE BILLED DIRECTLY TO THE CLIENT.  IF MANAGEMENT NEEDS TO BE DISPATCHED TO ASSIST AN ADDITIONAL $500 FEE WILL BE INCURRED.  ASSUME 77,000 POUND TRUCKS

 

WASHOUT

CLIENT IS OBLIGATED TO PROVIDE AN APPROVED WASHOUT AREA TO RINSE THE TRUCKS ONCE POURING IS COMPLETE. FAILURE TO PROVIDE A WASHOUT AREA WILL RESULT IN A $200 FEE CHARGED TO THE CLIENT.

 

PROPERTY DAMAGE

ANY PROPERTY DAMAGE THAT OCCURS AS A RESULT OF THE CLIENTS DIRECTING OUR DRIVERS TO A SUITABLE POUR LOCATION IS THE SOLE RESPONSIBILITY AND EXPENSE OF THE CLIENT

 

1. BINDING AGREEMENT. These terms and conditions and the applicable terms of all Lawson Concrete LLC sales documents (collectively “Agreement”) shall be binding upon Buyer and shall apply to all sales transactions between Buyer and Lawson Concrete LLC Concrete Company (“Lawson Concrete LLC”). This Agreement shall inure to the benefit of the subsidiaries, affiliates, successors and assigns of Lawson Concrete LLC, shall be binding upon Buyer’s heirs, legatees, devisees, personal representatives, successors and assigns and shall apply to all transactions between Lawson Concrete LLC and Buyer.

 

2. SALES TERMS. Buyer agrees that all sales by Lawson Concrete LLC to Buyer shall be pursuant to Lawson Concrete LLC’s Sales Terms and Conditions in effect at the time of each transaction and to other terms for specific transactions contained in Lawson Concrete LLC’s sales documents, notwithstanding any provision to the contrary in Buyer’s Purchase Order or any other transactional document. Buyer agrees that Lawson Concrete LLC’s Sales Terms and Conditions and the terms of Lawson Concrete LLC’s proposals, order confirmations, delivery tickets and other sales documents are binding on Buyer and take priority over and supersede all of Buyer’s purchase and other document terms, unless specifically agreed to in writing by Lawson Concrete LLC and signed by a duly authorized officer of Lawson Concrete LLC.

 

3. ESTIMATE DISCLAIMER. All estimates provided by Lawson Concrete LLC are intended to provide Buyer with a rough estimate of the amount of material required for Buyer’s needs. Estimates are provided based on information provided by Buyer and typical building techniques. The actual amount of materials required by Buyer may vary from Lawson Concrete LLC’s estimate. Lawson Concrete LLC makes no warranty with respect to the actual amount of materials required and DISCLAIMS any liability for any variance between Lawson Concrete LLC’s estimate and the actual amount of materials required.

 

4. FORCE MAJEURE. Buyer agrees that Lawson Concrete LLC’s performance will be suspended or excused if production and/or delivery is delayed due to raw material or labor shortage, production shutdown or delay, strike, fire, flood, governmental action or any cause beyond the control of Lawson Concrete LLC.

 

5. WARRANTY/LIMITATION OF LIABILITY. Lawson Concrete LLC warrants that the goods sold and services provided will conform to Lawson Concrete LLC’s written specifications, and conform otherwise as specifically provided on other Lawson Concrete LLC sales documents for specific transactions. LAWSON CONCRETE LLC MAKES NO OTHER WARRANTIES AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAWSON CONCRETE LLC DISCLAIMS ALL RESPONSIBILITY FOR THE FINISHED WORK INTO WHICH THE GOODS ARE INCORPORATED OR FOR COMPLIANCE WITH FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS.BUYER’S SOLE REMEDY IN THE EVENT OF A BREACH OF LAWSON CONCRETE LLC’S WARRANTY OR OTHERWISE IS FOR REPLACEMENT OF ANY DEFECTIVE ITEM SOLD. IN NO EVENT SHALL LAWSON CONCRETE LLC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING LOST PROFITS, LOST BUSINESS, LOSS OF FINANCING, LIQUIDATED DAMAGES, FINES AND PENALTIES, EVEN IF LAWSON CONCRETE LLC HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES AND LOSSES. LAWSON CONCRETE LLC’S LIABILITY SHALL IN NO CASE EXCEED THE AMOUNT FOR WHICH BUYER WAS INVOICED FOR ANY PROVEN DEFECTIVE ITEM SOLD BY LAWSON CONCRETE LLC.

 

6. PRODUCT CLAIMS. BUYER AGREES TO NOTIFY LAWSON CONCRETE LLC IN WRITING WITHIN TEN (10) DAYS OF DELIVERY (OR OTHER TIME SPECIFIED ON LAWSON CONCRETE LLC’S SALES DOCUMENTS FOR SPECIFIC TRANSACTIONS) OF ANY CLAIMS THAT THE GOODS AND/OR SERVICES PURCHASED ARE DEFECTIVE OR FAIL TO MEET THE WRITTEN SPECIFICATIONS. FAILURE TO DO SO WITHIN THE REQUIRED TIME CONSTITUTES A WAIVER OF ANY SUCH CLAIM.

 

7. INDEMNIFICATION. Buyer shall indemnify and hold Lawson Concrete LLC and its affiliates and their respective owners, officers, directors, employees and agents (“Indemnified Parties”) harmless with respect to all liability, loss or damage the Indemnified Parties may suffer as a result of all claims, judgments, statutory or regulatory compliance, demands, fines, penalties, costs or expenses asserted against the Indemnified Parties by Buyer and Buyer’s employees and agents and by all third parties as a result of or arising out of the use, consumption, storage, handling, modification, sale or resale of the goods after delivery to Buyer. This indemnity shall apply whether such liability is caused by, or arises out of the negligence of the Indemnified Parties or its officers, directors, agents, employees or otherwise. Buyer shall defend the Indemnified Parties against any and all claims brought or actions filed against the Indemnified Parties with respect to the subject of the indemnity contained herein and Buyer shall further indemnify the Indemnified Parties with respect to all costs incurred by the Indemnified Parties in defending against any such claims or actions, including attorneys’ fees and legal costs, wages and fringe benefits for the time spent by the Indemnified Parties’ employees working on the dispute, expert witness fees and costs and all other expenses of litigation, arbitration and alternative dispute resolution.

 

8. DELIVERY; UNLOADING.

 

(a) For Volumetric concrete, Buyer will be allowed one hour after arrival of truck on the job site and agrees to pay a charge for time in excess of one hour at Lawson Concrete LLC’s then applicable rate. The current rate, unless otherwise agreed to in writing is:

 i. $120 for minutes 60 -120 (Hour 2), billed in 20 minute increments

 ii. $200 for  minutes 120-180 (Hour 3), billed in 20 minute increments

 iii. $300 for each 60 minute period after 180 minutes, with late fees being rounded up to the closest 20 minute increment.

(b) Delivery trucks and fork lifts are not permitted to drive beyond the curb line except upon authorization by Buyer which will be deemed to include acceptance by Buyer of responsibility for damage or loss suffered by any party.

 (c) Lawson Concrete LLC is not liable for personal injury or death to person or for damage to property resulting from the presence of Buyer’s employees, subcontractors or agents on or around vehicles and equipment owned or leased by Lawson Concrete LLC. Buyer assumes full responsibility for such liability and agrees to indemnify Lawson Concrete LLC from all related claims and resulting damages and costs, including legal fees.

(d) The client is responsible for selecting a pour location suitable for an 80,000-pound truck.  Any issues that arise in the field pertaining to the requirement of the truck being lifted, towed, getting stuck, or hazardous conditions in the property preventing the truck from being able to drive out, as it drove in will result in a minimum of a $500 fee for dispatching a supervisor and/or towing company and lost opportunity expenses.  Customer will be required to pay for any actual cost of materials or labor to remove the truck from the job site, in addition to the prior fee.

 

(e) Any property damage that occurs as a result of the Buyer directing the truck to a specific location is the responsibility of the Buyer.  Buyer agrees to waive all liability arising from property damage and personal injury in these situations.

 

 

9. SPECIAL WARNINGS AND PRODUCT INFORMATION NOTICES.

 

(a) SPECIAL WARNING FOR WET (UNHARDENED) CONCRETE, MORTAR, CEMENT OR CEMENT MIXTURES: INJURIOUS TO EYES! CAUSES SKIN IRRITATION! READ THIS WARNING BEFORE USING! Contains Portland Cement. Contact with wet (unhardened) concrete, mortar, cement or cement mixtures can cause skin irritation, severe chemical burns or serious eye damage. Avoid contact with eyes and skin. Wear waterproof gloves, a fully buttoned long-sleeved shirt, full-length trousers and tight-fitting eye protection when working with these materials. If you have to stand in wet concrete, use waterproof boots that are tight at tops and high enough to keep concrete from flowing into them. If you are finishing concrete, wear knee pads to protect knees. Wash wet concrete, mortar, cement or cement mixtures from your skin with fresh, clean water immediately after contact. Indirect contact through clothing can be as serious as direct contact, so promptly rinse out wet concrete, mortar, cement or cement mixtures from clothing. Seek immediate medical attention if you have persistent or severe discomfort. In case of eye contact, flush with plenty of water for at least 15 minutes. Consult a physician immediately. KEEP OUT OF THE REACH OF CHILDREN. BUYER AGREES TO CONVEY THIS WARNING TO ALL PERSONS WHO MAY PURCHASE, USE OR COME IN CONTACT WITH WET (UNHARDENED) CONCRETE, MORTAR, CEMENT OR CEMENT MIXTURES.

(b) WARNING: Some Lawson Concrete LLC products contain crystalline silica (quartz). Crystalline silica is a common mineral found in natural sand and rock. Breathing silica dust may cause respiratory and other health problems, including lung disease, silicosis and cancer, which may result in permanent injury or death. Risk of injury depends on duration and level of exposure. To reduce risk of injury, limit exposure time and use dust mask or respirator. Before using or handling this product, read the material data safety sheet.

 

(c) WARNING: Sawing or grinding some Lawson Concrete LLC products may result in release of dust particles which may cause eye irritation. Wear NIOSH approved respirator and goggles when sawing or grinding. If exposed, flush eyes generously with water for fifteen (15) minutes and seek prompt medical attention.

 

(d) WARNING: Buyer is responsible for the failure of Volumetric concrete to conform to the specifications and standards of the American Society for Testing Materials (ASTM) and the American Concrete Institute (ACI) as a result of the addition of water in excess of the specified volume, delay in unloading or forming, and other similar factors occurring on the job. Buyer must ensure that all concrete is handled in compliance with the applicable ASTM and ACI specifications and standards.

 

(e) NOTICE: Integrally colored concrete masonry and segmental retaining wall units are produced from

natural aggregates and Portland cement utilizing pigments to achieve a relatively uniform color. As with all materials taken from the earth, there will be naturally occurring variation in product shade or tint. As units are placed into use, they should be taken from at least three (3) different cubes to insure uniformity of shade and tint range in the project.

 

(f) NOTICE: Effervescence is a whitish deposit common on concrete products that will occur under certain conditions and normally will disappear over time and weathering. Lawson Concrete LLC is not responsible for effervescence.

 

(g) WARNING: Buyer is responsible for testing concrete and other products and services purchased from Lawson Concrete LLC to ensure desired properties, including  strength testing.

 

10. MECHANICS LIEN INFORMATION JOINT CHECK AGREEMENT. For each transaction, Buyer agrees to provide to Lawson Concrete LLC mechanic’s lien information for the applicable project including the Owner’s full name, address and telephone number; the Mechanic’s Lien Agent’s name, address and telephone number; and the building permit number. Buyer agrees to obtain a Joint Check Agreement with the party responsible to pay Buyer authorizing such party to issue checks for progress payments to Buyer and Lawson Concrete LLC jointly, upon request of Lawson Concrete LLC.

 

11. PAYMENT TERMS/COLLECTION COSTS. Buyer agrees to pay in full the amount for all purchases from Lawson Concrete LLC, including, without limitation, all labor, material and equipment charges, promptly when due according to the terms set forth on the sales documents, or immediately upon Lawson Concrete LLC vehicles leaving the materials yard, and heading towards the Buyer. If such total price is not paid in full by the due date, Buyer agrees to pay a late payment charge on the unpaid delinquent balance calculated at the rate of the lesser of: (a) two percent (2%) per month (APR 24%) unless a different rate is otherwise indicated on a current invoice, in which case such indicated rate would prevail or (b) the highest rate allowed by law. If Buyer should fail to fulfill any of its obligations under this Agreement, or if Lawson Concrete LLC, in good faith deems itself insecure because the prospect of payment is impaired, or the prospect of performance of any provision of the Agreement is impaired, or if a Default occurs for any other reason provided in this Agreement, then Lawson Concrete LLC, at its option and without notice, may declare the entire unpaid balance owed by Buyer to be immediately due and payable, terminate the credit privileges of Buyer under this Agreement, exercise its rights as a secured party, exercise any right of setoff, offset, recoupment or the like with respect to any indebtedness or obligation of Lawson Concrete LLC to Buyer, or any combination of the foregoing. Buyer agrees to pay all costs and expenses incurred by Lawson Concrete LLC in collecting the amounts owed by the Buyer under this Agreement and pursuant to any sales transaction with Buyer, including all attorney’s fees, court costs, and alternative dispute resolution costs incurred by Lawson Concrete LLC.

 

12. CANCELLATIONS.  Any cancellation within 24 hours of the proposed job will result in a $80 per yard cancellation fee.  Such fee will be billed to the Buyer on the morning of the proposed job.  Cancellation fee will not occur if weather conditions make such a pour not reasonably feasible.

 

13. DEFAULT.  The occurrence of any of the following events shall constitute a “Default” under this Agreement (a) Buyer fails to fulfill any obligation of this Agreement or fails to perform, or rectify the breach of, any warranty, agreement, or other promised undertaking by Buyer; (b) Buyer or any guarantor of Buyer’s indebtedness under this Agreement dies, terminates existence, abandons its business, becomes insolvent, bankrupt, becomes the subject of bankruptcy, receivership, insolvency, or similar proceedings, or makes an assignment for the benefit of creditors; (c) Lawson Concrete LLC determines that any information or other representation now or hereafter made or furnished to Lawson Concrete LLC by Buyer is, or is believed in good faith by Lawson Concrete LLC to be, inaccurate, incomplete, or false in any material respect; (d) Buyer violates or breaches any provision of this Agreement; (e) any collateral which is security for Buyer’s indebtedness under this Agreement is lost, suffers material damages or destruction, is levied upon, becomes subject to a receivership, or cannot be located within five days after Lawson Concrete LLC demands to inspect the same; (f) any other event which causes Lawson Concrete LLC, in good faith, to deem itself insecure or to believe that the prospect of performance of any provision of the Agreement by Buyer is impaired. Lawson Concrete LLC may, at its option, permit Buyer to remedy any Default without waiving the Default or any other subsequent or prior default by Buyer. Upon the occurrence of an event of Default, Lawson Concrete LLC shall have all rights and remedies provided in this Agreement as well as any other rights or remedies provided by law.

 

14.  CHANGES IN THE FIELD.  Any requested changes to the mix design by Buyer made after the equipment has left Lawson Concrete LLC’s yard, must be made in writing via email or text to Kim@Lawsoncon.com.  Any change will waive any liability of Lawson Concrete LLC under any subsequent strength/compression testing.

 

15. TRANSACTION DOCUMENTS IN ELECTRONIC FORMAT. BUYER AND GUARANTOR AGREE THAT ALL TRANSACTION DOCUMENTS MAY BE RETAINED AND USED BY LAWSON CONCRETE LLC EXCLUSIVELY IN AN ELECTRONIC FORMAT. SUCH TRANSACTION DOCUMENTS INCLUDE, BUT ARE NOT LIMITED TO, THIS AGREEMENT, ORDER CONFIRMATIONS, DELIVERY TICKETS, DELIVERY ACKNOWLEDGMENTS, INVOICES AND STATEMENTS. BUYER AND GUARANTOR AGREE THAT ALL TRANSACTION DOCUMENTS RETAINED AND USED IN AN ELECTRONIC FORMAT SHALL BE ADMISSIBLE INTO EVIDENCE IN A COURT OF LAW OR ARBITRATION PROCEEDING TO THE SAME EXTENT AS THE ORIGINAL, NON-ELECTRONIC VERSION OF SUCH TRANSACTION DOCUMENTS WOULD BE ADMISSIBLE.

 

16. SECURITY INTEREST. Lawson Concrete LLC retains and Buyer grants to Lawson Concrete LLC a security interest in all goods sold by Lawson Concrete LLC to Buyer to secure payment in full to Lawson Concrete LLC and performance by Buyer of all obligations contained in the Agreement. Buyer appoints Lawson Concrete LLC as its attorney-in-fact to take all action necessary and file all documents to perfect Lawson Concrete LLC’s security interest in the goods and to exercise all rights and remedies afforded to a Secured Party under the Uniform Commercial Code.

 

17. NOTICES. All notices required or permitted pursuant to this Agreement shall be in writing and may be provided by any reliable and verifiable means, including electronic means.

 

18. MISCELLANEOUS. This Agreement constitutes the entire Agreement for the sale and purchase of the goods, and Lawson Concrete LLC shall not be liable for, or bound in any manner by, any representations, guaranties, commitments, course of prior dealings or usage of trade, except as specifically provided herein. No modification of this Agreement, no waiver of any provision or right to demand performance hereunder and no waiver of the requirements of this sentence shall be of any force or effect unless in writing and signed by the authorized agent of the party claimed to be bound thereby, and no modification or waiver shall result from the acknowledgment or acceptance of Buyer’s purchase order forms containing terms different from those herein. A waiver of any right, obligation or Default shall not be construed as a waiver of any subsequent right, obligation or Default. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction or arbitrator, the remaining terms shall remain in full force and effect. In the event of any conflict between the terms of this Agreement and the terms of Buyer’s purchase order or other purchase documents, the terms of this Agreement shall prevail despite such conflict, notwithstanding any provision to the contrary regarding additional terms and acceptance or confirmation contained in the applicable Uniform Commercial Code, or otherwise.

 

 

 

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