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TERMS AND CONDITIONS

EXCLUSIVE LIMITED WARRANTY:

Little Bay Concrete Products Co., Inc. (LBCP) warrants to any direct purchaser of LBCP's products that goods manufactured by LBPC are free from manufacturing defects for 90 days after delivery. However, it is the purchaser's SOLE RESPONSIBILITY to provide LBCP with the proper mix design requested. LBCP IN NO WAY WARRANTIES OR GUARANTEES THE SUITABILITY OF THE MIX DESIGN FOR THE PURCHASER'S PURPOSE. Upon request from the purchaser, LBCP may select a mix design based on the information provided to LBCP by the purchaser. Again, however, LBCP IN NO WAY WARRANTIES OR GUARANTEES THE SUITABILITY OF THE MIX DESIGN FOR THE PURCHASER'S PURPOSE. Upon request from the purchaser, LBCP will provide assistance in obtaining information as it deems appropriate from reputable and reliable sources for the placement and finishing of the material. Likewise, LBCP IS NOT RESPONSIBLE FOR ANY DELETERIOUS RESULTS FROM INCORRECT SOURCE INFORMATION OR THE PURCHASER'S INCORRECT INTERPRETATION OR ADHERENCE TO THE SOURCE INFORMATION. THIS EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE

CERTIFIED BATCH RESULTS PROVIDED ONLY UPON REQUEST:

If the purchaser gives prior notice. LBCP will provide the purchaser with certified batch results. The batch results will include the items and in either weighted units or proportional units (as is pertinent to the material) listed below:

  • Coarse aggregate, graduation identification and weight Fine aggregate, graduation identification and weight

  • Cement, Portland type and weight

  • Fly ash, type and weight

  • Water

  • Other admixtures


NO LIABILITY FOR ADDITIONS MADE OR DELAYS CAUSED BY PURCHASER:

The purchaser accepts full responsibility for results at time of placement or the future performance of the finished product for any on-site additions of materials including water that the purchaser instructs the driver to add to the contents of the truck. Additionally, the purchaser accepts full responsibility for any material that has not been discharged from the truck within one hour from departure of the truck from the batching plant unless arrangements to alter the mix design have been made between purchaser and LBCP prior to the commencement of batching.

RIGHT TO EXERCISE DISCRETION TO AVOID DAMAGE:

LBCP's truck drivers will determine where they can safely drive their trucks without damage to property or the delivery equipment. If the purchaser requests the driver enter property that the driver deems would be unsafe to life and limb, the driver is instructed to decline the purchaser's instructions. If the purchaser requests the driver enter property that the driver deems would damage his equipment, he is instructed to decline the purchaser's instructions unless directed otherwise by the driver's management personnel. If the purchaser instructs the driver to enter property that in the driver's opinion may damage the property, the driver shall instruct the purchaser of the driver's concerns and if the driver is instructed by the purchaser to nevertheless enter the property, LBCP is relived of any liability to replace, remediate, or in any way rectify any resulting damage.

 

FORCE MAJEURE:

The delivery of products and prices quoted or accepted are subject to the limitation that LBCP;s obligations are excused to the extent of circumstances beyond its control. Such circumstances would include, without limitation, strikes, national emergencies, natural disasters, governmentally imposed restrictions, rationing or outright bans, or any other circumstance beyond LBCP's control which would make LBCP's performance materially more burdensome, expensive, difficult or impossible. This section does not excuse a delay in the payment of money due and payable hereunder for any materials actually delivered to and accepted by purchaser.

 

LIMITATIONS ON LIABILITY AND DAMAGES:

LBCP IS NOT RESPONSIBLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES: THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY AND LBCP'S LIMIT OF LIABILITY FOR ANY AND ALL LOSS OR DAMAGE RESULTING FROM DELAYED OR DEFECTIVE GOODS SHALL BE FOR THE PURCHASE PRICE OF THE PARTICULAR DELIVERY AND MATERIALS WITH RESPECT TO WHICH LOSS OR DAMAGE IS CLAIMED, PLUS ANY TRANSPORTATION CHARGES ACTUALLY PAID BY THE PURCHASER.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. ADDITIONAL TERMS ARE OBJECTED TO AND DO NOT BECOME PART OF THE CONTRACT. LIKEWISE, THIS AGREEMENT SUPERSEDES ANY PRIOR REPRESENTATIONS AND/OR AGREEMENTS CONCERNING THE SAME. THE PROVISIONS OF THIS AGREEMENT MAY NOT BE MODIFIED OR WAIVED EXCEPT BY ANOTHER AGREEMENT IN WRITING EXECUTED BY BOTH PARTIES.

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