required to pay, and the Buyer shall promptly reimburse the Seller for the entire amount of such taxes.
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1 These terms and conditions apply in all situations unless expressly superseded by a product-line specific term or condition, available here.
2 The capitalized terms in this document are defined at “Definitions for Terms and Conditions.”
INVOICING AND PAYMENT. Invoices are due and payable by the end of the month following the month of purchase unless other terms of payment have been agreed to in another written agreement between Seller and Buyer regarding the Products (such as a Sales Contract, pur-chase order, subcontractor agreement, master service agreement, work order, work authorization, statement of work, or other contractual agreement between the parties). Seller shall receive payment for any and all stored materials at the time production is complete, regardless of loca-tion at which the Product is stored. Stored materials shall be invoiced upon production completion and are payable by the end of the month of being invoiced.
Any late payments may result in a stoppage of work, with the work being rescheduled as Seller deems appropriate after Buyer has paid outstanding invoices.
DESIGN AND INSTALLATION OF PRODUCT. Supplied Product does not include inspection, testing (not regularly conducted by Seller), installation, unloading, field work, or other product or service unless expressly contained in this Agreement or otherwise agreed to in writing by both parties. All requests for inspections or tests not regularly conducted by Seller must be made by separate written agreement between the parties. Seller is not responsible for and disclaims any and all responsibilities or liabilities related to the work of Buyer or any third party, including but not limited to earthwork, footings or foundation work, or masonry. Seller shall bear no responsibility for site conditions, potential ground movement or soil settlement, design, assembly, or construction means or methods, it being understood that Seller's sole responsibility is to furnish, subject to the terms and conditions hereof, the Product described in this Agreement. Products not listed are specifically excluded. Damage may occur if a Product is not properly assembled, construct-ed, or installed.
SPECIAL DESIGN SERVICES. Materials requiring Design Services will incur charges for in-house or third-party design services, with the terms of such Design Services agreed to by a separate writing between Buyer and Seller. Buyer is responsible for providing, or causing the en-gineer or owner to provide, to Seller any necessary design inputs, including but not limited to site conditions, soil/geotechnical inputs (soil make-up, density, water content, void ratio, water table depth), loads, loading configurations, and assumptions. Any changes to the Product requested by Buyer that necessitate Design Services will be billed to the Buyer and may impact the produc-tion schedule(s). Seller requires prepayment of all requested Design Services required to manufacture Product.
SHOP DRAWINGS. Shop drawings prepared by Seller and reviewed by Architect and/or Engi-neer and the Buyer shall be deemed the correct interpretation of the work to be performed and Products produced in conformity with the shop drawings shall be deemed to comply with this Agreement. Detailed shop drawings necessary for fabrication of Product will be furnished to Buyer by Seller for approval before work on the Products can begin. Buyer agrees to review working detailed drawing as soon as available and to return them with signed approval without delay.
MOLD CHANGE CHARGE. Specific or customized orders of Product shall be subject to a mold or form change charge as listed on the Sales Quotation, Sales Contract, or other written agreement.
CANCELLATION OF ORDER. In the event the Order is cancelled by Buyer prior to delivery, or Buyer otherwise fails to comply with its obligations under this Agreement, Seller shall be entitled to all damages incurred in connection with this Agreement, including, without limitation, material procurement costs, administrative costs, lost profits, incidental and consequential damages, and Seller’s reasonable attorneys’ fees and expenses, if any.
In the event that collection of any amounts due Seller is turned over to a collection agency or at-torney, Buyer agrees to pay for any and all costs of collection, including but not limited to agency fees, court costs, service fees, and reasonable attorney’s fees incurred in the collection of any outstanding amount due, whether or not suit is filed.
SUBSTITUTION OR DELETION OF MATERIALS. The Order which is the subject of this Agreement was made based on current information available from suppliers of Seller. If Seller is not able to supply a particular Product or Products listed in this Agreement. Seller reserves the right to substitute a similar product of similar value or to delete that particular Product or Products and make an appropriate pricing adjustment.
CHANGE ORDERS. Change Orders may result in additional charges for time/schedule, labor, material costs, or additional Products which shall adjust the Buyer’s contractual price stated in the Agreement. Buyer agrees to bear any and all additional cost arising out of or resulting from any Change Order made by Buyer under the terms and conditions of the Agreement. Change Orders will not be accepted once the Product begins to be loaded onto the delivery vehicles. It shall be within Seller’s sole discretion to accept or decline any Change Order. To take effect, a Change Order must be accepted in writing by Seller.
RETURNS. Products may only be returned to Seller at Seller’s sole discretion and with Seller’s written approval. All returns are subject to Seller’s terms and conditions relating thereto. Further, Buyer shall return the Products in good and saleable condition and shall pay any and all costs or charges arising out of such return, including shipping costs and a restocking charge equal to thirty percent (30%) of the Purchase Price of the returned Products. Non-stock and custom Products are non-returnable.
FREIGHT ALLOWANCE. Whether Product is delivered by trucks owned by Seller, any of its affiliates, or by carrier, the Purchase Price shall increase by an amount equal to the freight allowance. Buyer will pay such increase as part of the Purchase Price together with any additional costs arising out of delivery.
DELIVERY TERMS. In the event of delivery by Seller or any of its affiliates, Buyer shall bear the responsibility of providing necessary access to the designated delivery site for delivery and access needed for efficient workflow. The Product shall be delivered only to the nearest accessible point the delivery vehicles can reach without risk of damage to the Product, property, equipment, or vehicle. Seller shall have the right to charge Buyer an additional sum per hour of waiting time due to inaccessibility to the delivery site or other delay not caused by the Seller.
Traffic closures and control services shall be provided by the Buyer whenever required for safe delivery, site access and egress, and during dispensing.
The driver of the delivery vehicle is empowered to refuse delivery if, in the driver’s sole discretion, the point where the Product is to be delivered is unsafe or is likely to prove dangerous. If the delivery vehicle is required to deliver at any point off a public road, the Buyer will be responsible for any damage to vehicles, pipes, manholes, or any other property of any sort resulting therefrom from the delivery of the Product and shall indemnify, defend, and hold harmless the Seller for any and all costs, claims, losses, or expenses, including legal costs and fees, which the Seller may incur as a result of such delivery, depositing, or dispensing of the Product.
In the event that the Buyer requests that any Product be deposited on a public road or property, the Buyer shall be responsible for compliance with any and all regulations and for all steps which need to be taken for the protection at all times of persons or property and shall indemnify, defend, and hold harmless the Seller for any and all costs, claims, losses, or expenses, including legal costs and fees, which the Seller may incur as a result of such delivery, depositing, or dispensing of the Product.
Street cleaning of mud or debris caused by Seller’s trucks is not Seller’s obligation.
Delivery times and dates are given in good faith but are estimates only.
All scheduled delivery dates are approximate and are subject to delays caused by civil insurrection, war, terrorism, riots, fire, strike or other labor disturbances, acts of God, government shutdown, pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life, quarantine/travel restrictions, shortages of materials, supply chain interruptions, fire, theft, vandalism, weather conditions, natural causes, vendor or supplier performances, failure of suppliers or subcontractors to satisfactorily meet scheduled deliveries or any other acts or circumstances beyond its control, none of which shall give rise to any liability on the part of Seller, but shall extend the delivery date for a period equivalent to the time lost by reason of all such factors or events. Any statements made relating to delivery dates, shipping dates, or production dates are not warranties and do not form part of the basis of this Agreement. Present lead times are good faith estimates and are not contractual. Seller’s responsibility for delivery shall cease FOB shipping point or, if Seller agrees to deliver FOB delivery site, at the curbside or street frontage of the address of delivery. If Buyer requires Seller to cross a curb line or enter private property to make delivery on site, Buyer shall be responsible for providing Seller with safe and adequate access to the site. Buyer understands that the delivery of Product inside a curb line or onto private property may bring with it the risk of damage to real or personal property and, by requesting delivery of the Product inside a curb line or onto private property, Buyer assumes all risks of destruction, loss, or damage to personal or real property due to that delivery. Neither Seller nor its affiliates or any carrier retained by Seller shall be liable for any damage resulting from delivery of Products on private property or when required to deliver inside a curb line. Time for delivery shall not be of the essence of this Agreement, and Buyer waives any claims associated with any delays in delivery.
Buyer shall be responsible for any injury or damages to the Product delivered by Seller after the same shall have been delivered as specified above, and shall also be responsible for any and all lighting or their safeguards or protection necessary to conform to federal, state, or local laws or ordinances, and for all their protections of every kind and nature whatsoever which may be necessary to prevent injury to anyone, which responsibility shall continue until the material is either incorporated in the work or removed from the site of construction. Buyer expressly agrees to indemnify, defend, and hold harmless the Seller, its Agents, Subcontractor, and any employees, from any loss or expense occasioned by its failure to furnish such protection.
TITLE AND RISK OF LOSS. For Products delivered by Seller or any affiliates, title and all risks of loss, shortage, damage, destruction, delay, etc. with respect to Products shall not pass to Buyer until delivery at the point set forth in the Agreement or at such other point as may be agreed to in writing by the parties. All claims for loss, shortage, damage, destruction, delay, etc. to Products delivered shall be made at the time such Products are unloaded, and no such claim shall be allowed unless a notation of the loss, shortage, damage, destruction, delay, etc. is made on the delivery receipt for the Products to which such claim applies. In no event shall Buyer’s rights against Seller for loss, shortage, damage, destruction, delay, etc. exceed Buyer’s rights for breach of warranty asset forth below. For Products delivered by common carrier, Buyer accepts the risk of loss, shortage, destruction, or damage upon delivery of the Products by Seller to the common carrier, and Buyer’s sole remedy shall be against the common carrier for any loss, shortage, destruction, or damage to the Products resulting from shipment. Buyer shall pay Seller for all expenses incurred in the production and delivery of the Product regardless of delays or Seller's inability to deliver said Product due to circumstances beyond its control. Seller shall retain any and all necessary lien rights allowable for payment on the Product subject to this Agreement until the Purchase Price plus any additional interest has been paid. Buyer hereby grants Seller a first priority security interest in all Products until such time as Seller is paid in full all amounts due and owing under this Agreement.
FREIGHT DAMAGE. For Product delivered by common carrier, Buyer accepts risk of loss upon delivery of the Product by Seller to the common carrier, and Buyer’s sole remedy shall be against the common carrier for any loss or damage to the Product resulting from shipment. For Product delivered by Seller or any of its affiliates, Buyer shall have the remedy set forth in the "Limited Warranty and Remedy" section hereof, provided Buyer provides written notice of damage within seven (7) days of the time the Product is delivered to destination.
ACCEPTANCE OR REJECTION OF PRODUCTS AND SERVICES. Buyer shall be deemed to have inspected and accepted the Product unless Buyer notifies Seller in writing within 48 hours of delivery of any non-conforming Product (other than failure to meet tests that are performed at a specified age for testing, such as compressive strength, in which event the time for notice will be within 48 hours after the specified age of the test sample) and furnish such written evidence or other documentation as required by Seller, time being of the essence. At Seller’s request and option, Buyer must provide Seller an opportunity to examine the alleged non-conforming Product (or a sample) thereof without delay. The Product is in conformity if it does not deviate from the agreed specification at the time of passage of title and risk of loss.
BACK CHARGES/DAMAGES. Seller will not permit or accept any back charges for any reason nor will it accept any assessment for damages due to delivery performance unless authorized in writing by Seller prior to these charges being incurred.
LIMITED WARRANTY AND REMEDY-EXCLUSIVE LIMITED WARRANTY. Seller warrants that Products sold under this Agreement meet solely the description and specifications for the same set forth in the Order, if any, and conform, or exceed, subject to reasonable variance in accordance with normal industry practice, with the applicable ASTM Standard/Specifications for a period of thirty (30) days from delivery thereof. Acceptance by Buyer of the Products shall constitute confirmation that the Products meet the description set forth in this Agreement. THE FOREGOING WARRANTY IS IN
LIEU OF AND EXCLUDES ALL OTHER WRITTEN OR ORAL WARANTIES OR CONTRACTUAL AGREEMENTS, whether express or implied by law, including the Uniform Commercial Code as enacted in the State of Wisconsin or elsewhere, or otherwise, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. Buyer makes no representations or warranties regarding or relating to Buyer’s or third parties’ selection of this Product, or any storage, handling, maintenance, and/or application/installation of the Product.
LIMITED WARRANTY AND REMEDY- BUYER’S EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY SET FORTH ABOVE OR OTHERWISE. Buyer’s exclusive remedy shall be to require Seller, at Seller’s option, to refund the Purchase Price for the Products sold hereunder or to repair or replace any nonconforming Products. Costs of return or redelivery of defective Products, labor, removal and reinstallation charges are not included in the remedy and shall be borne by Buyer. NO OTHER REMEDY for breach of this warranty, express or implied including claims for any breach of the implied warranty of fitness for a particular purpose or the implied warranty of merchantability SHALL BE AVAILABLE TO BUYER. ANY CLAIM FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES for lost profits, income, interest, lost sales, injury to property, attorney fees, consultant’s fees or any other incidental or consequential loss IS THEREFORE BARRED PURSUANT TO THE TERMS OF THIS EXCLUSIVE REMEDY; the above limitations do not include damages related to personal injury. Seller will not be liable for defects in this Product caused by improper installation, application, modification or alteration of this Product.
LIMITATION OF LIABILITY. SELLER’S LIABILITY ON ANY CLAIM for loss or damage arising out of the supplying of any Products to Buyer, or their sale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, SHALL NOT EXCEED THE PRICE OF THE PRODUCTS ACTUALLY RECEIVED BY BUYER from Seller with regard to which such claim for loss or damage is made. IN NO EVENT SHALL SELLER BE LIABLE, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, LIQUIDATED OR PENAL DAMAGES including, but not limited to, loss of profits or revenue, loss of use of the Products or any associated Product, cost of capital, cost of substitute Products, facilities, services, downtime costs, or claims of customers of the Buyer for such damages; the above limitations do not include damages related to personal injury.
CLAIMS. Buyer’s EXCLUSIVE PROCEDURE FOR COMMENCING CLAIMS under this Agreement against Seller shall be as follows: Notice of claims against Seller for breach of warranty or for alleged short delivery of Products MUST BE GIVEN TO SELLER PROMPTLY UPON DISCOVERY AND MUST BE SUPPORTED IN WRITING WITHIN SEVEN (7) CALENDAR DAYS AFTER DISCOVERY to afford Seller an opportunity to investigate such claims promptly and mitigate any potential damages. Failure of Buyer to give such notice SHALL CONSTITUTE A WAIVER BY BUYER of its right to later make such a claim and Buyer shall be barred from the remedy as allowed under paragraph 15 of these Terms and Conditions.
FAILURE BY SELLER. If at any time prior to delivery. Seller materially fails to fulfill its obligations hereunder or abandons production of the materials without cause, and such failure or abandonment is not corrected or commenced to be corrected within seven (7) days of written notice from Buyer (except for matters which by their nature cannot be corrected within said seven (7) days, in which case it shall be sufficient that Seller commenced to remedy such failure within said period and thereafter diligently proceeds), Buyer may elect to terminate Buyer’s continuing obligations under this Agreement . If Buyer elects to terminate the Buyer’s obligations hereunder, Buyer shall be entitled to the return of all deposit money paid to Seller in connection with this Agreement. Termination of the Agreement and return of deposit money are intended to be Buyer’s sole and exclusive remedy in the event of a failure to comply or abandonment by Seller.
DELAYS. Buyer shall be responsible to Seller for any expenses incurred by Seller which arise out of delays, including, without limitation, delays caused by Buyer, such as failure to timely submit necessary documents, approvals or information, failure to accept delivery on a timely basis, etc.
CONCRETE PRODUCT. Variations in manufactured concrete Products' color or shading as provided by the Seller may occur between production runs. This variation is acceptable in the industry. Seller agrees that Seller is in no way responsible for the suitability of the color for any particular use.
PRODUCT USE. Unless otherwise agreed to in a separate writing between the parties on in the terms and conditions specific to a certain Product line, Buyer is responsible for proper use, storage, handling, maintenance, and application/installation of Product as determined by industry standards. Use, storage, handling, maintenance, and application/installation of Product in ways not intended by the manufacturer and/or not in compliance with industry standards is not recommended. Unless otherwise agreed to in a separate writing between the parties on in the terms and conditions specific to a certain Product line, determining appropriate use, storage, handling, maintenance, and application/installation of the Product is the sole responsibility of the Buyer and Seller is not liable for Buyer’s use, storage, handling, maintenance, and/or application/installation of the Product.
CAUTION. Freshly mixed concrete or mortar may cause skin irritation or chemical burns. Avoid direct contact where possible and wash exposed skin areas promptly with water. Sawing or grinding of concrete products may result in the release of dust particles which could cause minor eye or nose irritation if proper protective equipment is not in place. The use of a NIOSH approved respirator and tight-fitting goggles is recommended when sawing or grinding concrete products.
FORCE MAJEURE. Seller shall not be responsible for any delays or be considered in default of performance resulting from acts or occurrences reasonably beyond its control such as inclement weather, acts of God, strikes, unavailability or shortages of material and any governmental actions, civil insurrection, war, terrorism, riots, fire, strike or other labor disturbances, acts of God, government shutdown, pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life, quarantine/travel restrictions, , or any other event beyond Seller’s reasonable control, none of which shall give rise to any liability on the part of Seller. In the event of any of the above, Seller’s schedule shall be extended by the length of each delay.
SAFETY. Buyer shall provide and maintain all safety barricades, rebar caps and opening covers required for the Products in accordance with current industry safety standards. Should there be project specific safety requirements, Buyer shall provide to Seller at time of awarding the project.
ADVICE. Any advice provided verbally or outlined in technical literature provided by Seller, its representatives, affiliates, or subcontractors, is intended as a guide for informational purposes only and are not intended to replace sound engineering practice and judgment or determinations of construction means or methods and should not be relied upon for that purpose.
MANUFACTURE DOCUMENTS. Buyer or any of its contractors, subcontractors, or subcontractors shall not own or claim a right to the Manufacture Documents. Buyer or any of its con-tractors, subcontractors, or sub-subcontractors may not use the Manufacture Documents for additions to this Agreement outside the scope of work, on any other projects or for any use not expressly approved by Seller. Unauthorized reproduction or use of the Manufacture Documents is strictly prohibited.
PERMITS. Seller’s responsibility for permits shall relate to transportation permits only, and Seller shall not be required to provide any notices to governmental entities or otherwise unless prior arrangements have been agreed to by Seller and Buyer.
WORKER COMPOSITION: Seller does not guarantee any percentage of MBE, WBE, DBE or union participation or utilization of any specific percentages of minority/female/resident/union workers, unless otherwise specified in this Agreement or in a separate writing signed by both parties.
INDEMNITY. Buyer shall defend, indemnify, and hold Seller harmless from any and all third-party losses, damages, claims, penalties, liabilities, and expenses, including reasonable attorneys’ fees and expenses of whatever nature and however arising or incurred (including but not limited to Seller’s reasonable attorneys’ fees and expenses in defending any third-party claims), which arise from Buyer’s negligence, Buyer’s breach of this Agreement, or from Buyer’s improper use (including use of the Product beyond its useful life), installation, possession, operation, maintenance, storage, or handling of the Products and which give rise to any claim against the Seller by the Buyer or a third party.
INSURANCE. Additional insured coverage and waivers of subrogation shall only apply to the extent that Seller’s Work has been adjudicated to be defective or adjudicated to have caused property damage.
WORKERS’ COMPENSATION IMMUNITY: Seller and its affiliates do not agree to any waiver of workers’ compensation protections and immunity unless set forth in a separate writing signed by both parties.
PERFORMANCE BOND. Seller does not agree to provide a performance bond unless set forth in a separate writing signed by both parties.
ACTIONS. No action for the enforcement of the remedy set forth herein shall be commenced more than one year after the cause of action accrued for the enforcement of such remedy.
CHOICE OF LAW FORUM. Any action arising out of or related to the transactions contemplated by this Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of laws provisions wherever contained. The parties agree that any litigation shall be conducted exclusively in the Marathon County Circuit Court located in Wausau, Wisconsin, without a jury and the parties hereby consent to such jurisdiction and waive any personal jurisdiction or venue objections (including forum non conveniens) to such forum.
SEVERABILITY AND WAIVER. If any part of this Agreement is found to be unenforceable, then the remainder of the Agreement shall continue in full force and effect. Any delay in the exercise of a right by Seller shall not be deemed a waiver thereof, and any agreement (express or implied) in an earlier instance not to exercise a right shall not be deemed a waiver in any subsequent instance.
CLERICAL ERRORS. Seller reserves the right to correct clerical errors or similar errors relating to price or any other terms shown in this Agreement.
SIGNATURE. Either party may evidence execution of this Agreement by facsimile or copy signature. Such signature shall be binding on said party and shall have the same force and effect as an original signature. This Agreement further may be signed in counterparts, each of which shall be part of this Agreement.
CHOICE OF LAW FORUM. Any action arising out of or related to the transactions contemplated by this Agreement shall be governed and construed in accordance with the laws of the State of Florida, without regard to conflict of laws provisions wherever contained. The parties agree that any litigation shall be conducted exclusively in the Lake County Circuit Court located in Astatula, Florida, without a jury and the parties hereby consent to such jurisdiction and waive any personal jurisdiction or venue objections (including forum non conveniens) to such forum.
VOLUME: Product prices and quantities are based upon the wet volume at the time the Product is dispensed from the delivery vehicle in its unfinished state and are not sold based on “form measurement” or as measured “in place”.
ADDITIONAL PRODUCTS: Hot water and ice will be billed in this Agreement as separate line items.
CONCRETE QUANTITIES AND DELIVERY: The quantities of the Product stated in the Sales Quotation are for the sole purpose of identifying the estimated total quantities and price of the Product expected to be delivered by Seller to Buyer and are not intended to constitute a commitment by Seller to deliver, the stated quantities of the Product (or another quantity of Product sufficient to meet Buyer’s requirements) to Buyer. Although Seller will make reasonable efforts to deliver the Product in accordance with Buyer’s schedule, Seller’s ability to actually deliver the amount of the Product stated in the Order to Buyer is subject to the availability of the Product (which availability might be limited for reasons both within and outside of Seller’s control). Prices quoted are based upon normal delivery hours unless otherwise noted. An additional charge may be added for deliveries outside of regular delivery hours and for any waiting/dispensing periods in excess of six (6) minutes per yard of Product. Prices are based on full loads.
BUYER PROVIDED MATERIALS: Buyer will furnish any admixtures or ingredients it desires that are not regularly supplied by Seller in the marketplace, along with all required safety data sheets on such admixtures or ingredients in a form and substance acceptable to the Seller. Buyer will be solely responsible for the effect of such admixture or ingredients on the Product. Any extra Product which, in Seller’s sole discretion, may be required in excess of the mix design quoted as a result of this additional admixture or ingredients, in order to provide workability, strength, setting time, or adjust the water/cement ratio of the Product, will result in an additional ingredient charge payable by Buyer. Product containing Buyer-provided ingredients shall have no warranty from Seller.
WASHOUT: Buyer must provide and maintain an appropriate washout location and facility (in compliance with applicable regulations) for Seller to wash down the delivery vehicle’s chutes and drum after discharging concrete. Buyer shall indemnify, defend, and hold harmless Seller for all costs, claims, losses, or expenses, including legal costs and fees, which Seller may incur as a result of such washout.
WAIVER OF CERTAIN LIABILITES: Notwithstanding any other provision in this Agreement, and without regard to the fault of Buyer or Seller, Buyer waives any and all claims against Seller, and shall indemnify, defend, and hold harmless Seller from and against any and all claims, liability, loss, damages, or expenses, including legal costs and fees, arising out of or relating to:
(1) Seller’s delivery of Product beyond the curb or property line of any public road at the request of Buyer;
(2) physical changes to the Product after the Product has left the chute of Seller’s delivery vehicle;
(3) Seller’s addition of water and/or foreign products to the Product at the request of Buyer;
(4) improper placing, finishing, forming or curing of the Product at the request of Buyer;
(5) the color of the finished Product;
(6) surface popouts on the Product;
(7) any cracking or curling of Product due to the inherent characteristics of concrete to shrink during the early stages of curing;
(8) any specific shrinkage requirements; and/or
(9) the placement, finish, and/or overall aesthetics of the Product.
CONCRETE TEMPERATURE: Concrete temperature will comply with DOT requirements.
ACCEPTANCE OF STANDARDS: All requests for inspection or tests not regularly conducted by Seller must be made by separate agreement. Buyer must provide Seller any inspection and testing results obtained either by Buyer or on their behalf on any and all Product supplied by Seller. All reports will be complete and delivered with 48 hours of the results being determined and must comply with ASTM C-94 5.1.6 and ACI 301-16.6.2
