1. Jot & Tittle Concrete will not batch a scheduled customer load until customer has made voice communication and/or Jot & Tittle Concrete has confirmation at least two (2) hours prior to scheduled delivery. If no voice communication is established within one and a half   (1 1/2) hours prior to scheduled delivery, then the delivery is considered cancelled, and subject to cancellation charges. We must have an onsite contact with a working phone. Seller reserves the right to leave if Purchaser is hostile.

2. PAYMENT: All deliveries under this contract are Pay Before Delivery. Payment is due twenty-four (24) hours prior to delivery time. Refusal to pay or freezing of payment will result in a lien on the contracted property. Accounts are considered delinquent if payment has not been received in our office by fifteen (15) days following purchase. Delinquent accounts shall be placed on a cash-only basis for future purchases until the delinquency is paid in full. Please add $50.00 on 15-30 day accounts. Credit cards, debit cards, and Zelle are accepted at this time. Purchaser shall make all payments due hereunder in lawful money of the United States and in the accordance with the above terms, without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be necessary to enforce this contract, whether or not suit be instituted, Jot & Tittle Concrete shall be entitled to recover reasonable attorney fees and costs Jot & Tittle Concrete incurs in connection with the said enforcement, including, but not limited to, the cost of appeals, bankruptcies, and post-judgment collection efforts. It is agreed that the sole venue for any suit brought under any contract or agreement with customer shall be in the state or federal court sitting in Lee County, FL. Florida law shall control the application, enforcement, and interpretation of this contract. Jot & Tittle Concrete routinely exercises their right to send notice to owners on all jobs. All Federal, State, and Local taxes, assessments, fees, duties, and charges leveled by reason of this proposal are in addition to prices quoted and shall be paid by Purchaser. NSF/Returned checks are subject to a handling charge and are not redeposited. Jot & Tittle Concrete requires NSF checks to be replaced with cash or cashier’s check. Lack of purchase order or job numbers do not affect the terms of sale.

3. FEES: Short loads (5 yards and under) are allotted thirty (30) minutes unloading time. Large loads (6 yards and above) will have eight (8) minutes unloading time allowed per yard— Maximum sixty (60) minutes per truckload. Additional time will result in a standby fee of $200 per additional thirty (30) minutes Monday through Friday and $250 per thirty (30) minutes for Saturday deliveries. Concrete deliveries between 4:00 pm and 5:00 pm are not guaranteed and are subject to an overtime fee. Time is calculated from when truck arrives onsite to time pour is complete, as shown on delivery ticket. Saturday deliveries will be assessed at a premium. All orders cancelled after 1:00 pm the day prior to pour are subject to cancellation fee of $50.00. All orders cancelled the day of pour are subject to a cancellation fee of $150.00. All scheduled multiple loads to same site in same day will be billed at normal prices. If purchaser cancels any load after the first, the purchaser will be liable for regular charges on the remaining scheduled loads. If incorrect address is given resulting in extra driving time, an additional fee may be assessed. Purchaser will be responsible for full payment of load if cancelled after it is dispatched.

4. SCHEDULING: Purchaser understands that Jot & Tittle Concrete depends on its suppliers to be able to supply Jot & Tittle Concrete with material. Jot & Tittle Concrete holds no responsibility or obligation if the supplier closes, delays, or somehow otherwise cannot supply concrete to Jot & Tittle Concrete. Changes or variations for original delivery request shall be conveyed through Seller’s dispatch phone and no other. Tentative orders will be subject to cancellation if not confirmed by 12:00 pm the day prior to pour.

5. DELIVERY CONDITIONS: Terms must be signed in order for concrete to be delivered. All concrete deliveries will be made in Volumetric Mixer trucks (concrete mixer) unless otherwise noted. Our trucks must remain roadside unless previously discussed and authorized by Christine. Seller has advised that due to the size and weight of trucks or trucks’ damage to the premises and/or adjacent property, or personal injury may occur and that trucks may become damaged, disabled, or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring the Seller’s trucks travel beyond the nearest public road/highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage, personal injuries, truck towing, and winching expenses, and/or damage to Seller’s truck should the trucks become damaged, disabled, or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims, demands, losses, and liabilities to or by third parties arising from, resulting from, or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false, groundless or fraudulent to the full extent permitted by law. The indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under worker’s compensation acts, disability benefit acts, or their employee benefit acts. This duty of indemnity specifically applies in the case of injuries to the undersigned’s own employees. The undersigned’s duty to defend, indemnify, and hold Seller harmless shall include, as to all claims, demands, losses, and liability to which it applies, Seller’s personal related costs, reasonable attorney fees, court costs, and all other claim-related expenses, including attorney fees and other costs incurred by Seller to enforce and establish it’s right under this agreement. Upon Seller’s tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller’s choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser.

6. POINT OF ACCEPTANCE: Purchaser’s point of acceptance is at the truck chute. Seller will not accept responsibility for physical changes of the concrete caused by job delays, delivery systems, placing equipment, or circumstances beyond our control.

7. CONCRETE TESTING: Purchaser agrees that all ready mix concrete testing, including concrete strength testing for acceptance, shall be of said tests.

Notification of deficient UBC and ACI and that Seller will be provided with a copy of all test results within three (3) working days of the performance of said tests.
Notification of deficient concrete compressive strength test results. Purchaser agrees to notify Seller in writing within twenty-four (24) hours of deficient concrete compressive strength test results to retain test specimens, and to make them available to Seller for further inspection and testing.

8. ADDITION OF WATER AND/OR FOREIGN MATERIAL: If water and/or foreign material is added to the concrete by or at the request of the Purchaser, its employees, agents, contractors or subcontractors, Purchaser accepts the concrete as delivered and waives all right to reject, revoke, acceptance or assert any claim for breach of any warranty and Seller is not responsible for strength or properties of the concrete.

9. WARRANTY: Seller warrants that the compressive strength of ready mixed concrete test specimens tested for acceptance in accordance with ASTM will meet the design strength for the mix design sold under this contract. Seller warrants the aggregate material sold under this Contract meets the description and specifications for the same set forth in this Contract. No other warranties, express or implied, are made with respect to such construction materials, whether they be warranties of fitness or warranties of merchantability. Purchaser’s exclusive remedy for claims arising out of the performance of this contract shall be to require Seller to refund the purchase price. No consequential damages may be claimed by Purchaser against Seller in connection with any breach of this Agreement or breach of warranty herein. THE PRECEDING WARRANTY IS IN LIEU OF AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE.

10. CLAIMS AND BACK CHARGES: Purchaser’s exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty, shall be as follows. Notice of claims against Seller for any reason, including but not limited to breach of contract or warranty, must be given to Seller in writing within three (3) working days after discovery or when discovery should have been made. The written claim must include the reason(s) and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3) WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved, prior to the institution of formal legal proceedings, the parties agree to mediate the dispute before a neutral arbiter approved by the parties. If such mediation is unsuccessful, the parties agree to binding arbitration under the rules of the Florida Arbitration Act. PURCHASER HEREBY WAIVES HIS/HER/ITS RIGHT TO A JURY TRIAL FOR DISPUTES ARISING OUT OF THE CONTRACT.

11. CHAPTER 558 NOTICE OF CLAIM CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING A LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT GUIDELINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.

12. CONSTRUCTION LIEN NOTICE ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001 TO 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY.

13. TITLE RISK OF LOSS: Unless otherwise expressly stated herein, title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same, at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death, and property damage arising from the storage, use or handling of said materials.

14. CONCRETE WARNINGS: Injurious to eyes. Causes skin irritation. 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 kneepads to protect knees. FIRST AID: if dust is inhaled, move to fresh, open air. Get medical attention if irritation persists. Wash wet concrete, mortar, and cement admixtures from your skin with clean water immediately after contact. Indirect contact through clothing can be as serious as direct contact, so promptly rinse 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 fifteen (15) minutes. Consult a physician immediately. KEEP OUT OF REACH OF CHILDREN. USER AGREES TO CONVEY THIS WARNING TO ALL PERSONS WHO MAY USE OR COME IN CONTACT WITH WET (UNHARDENED) CONCRETE, MORTAR, CEMENT, OR CEMENT MIXTURES.