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TERMS ANCITIONS A. The Company vvill make all reaso able efforts to deliver all materials to Cust'O'Yme on the date and time specified by Customs r, and in sufficient incremental gUagtity to meet Gust€mer's specifications therefor when C_stomer's order is placed.The Company, however, disclaims any responsibility for late delivi3ry or insufficient incremental quantity delivery, and Customer expressly waives any claim of damages, right of offset or backcharge as a reSu t of fate delivery or insufficient incremental quantities delivered. The above waiver of damages shall include actual or consequential damages, or any damages under the California Commercial Code. B,-Custorner represents that the mixtrs�e and color of concrete specified of this Delivery invoice are as ordered by Customer. The Company makes no warranties or guaranties, whether express or implied, as t€� (i) the actual color of any coloredcoancret mix specifiede and ordered by Customer, Customer acknowledges that he has been advised e S by Time Company that any color .ordered from a color Clhart may vary from concrete cc,l- or delivered as a result of variations in the coloring material and other factors beyond the Company's control; and (ii)any mixture of Concrete specified and or Bred by Custorn�r, Customer agrees that The Company shall not be liable fret ar?y €tissatisfactiomn with caner, of concrete delivered, or defects caused by a mixture designed, wherm same if specified by the Customer. C. Customer agrees to notify Time Company in writing of any claims, including claims of defects, associated vvith the materials delivered hereunder within 72 hours after the first Date and Time Of Delivery set forth on the front of this Delivery Invoice and to afford r�it The Company the ®pportuy to correct any such claire prior to Customer incu<rismg any cost.or.expense in attempting to correct same. dfi i 46,