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A. The Company will make all reasonable efforts to deliver all materials to the Customer on the date and at the time specified by the Customer and in
<br /> sufficient incremental quantity to meet the Customer's specifications.However,the Company disclaims any responsibility for late delivery or insufficient incremental
<br /> quantity delivery of said materials,and Customer expressly waives any claim of damages,right of offset and/or backcharge resulting from any late delivery or delivery
<br /> of insufficient incremental quantities.The above waiver of damages shall apply to both actual and consequential damages and any other damages under the California
<br /> Commercial Code.
<br /> B. Customer represents that the mixture and color of concrete specified on the front of this Delivery Invoice are as ordered by Customer and the Customer
<br /> assumes all risk associated with the use of any colored concrete.THE COMPANY MAKES NO WARRANTIES OR GUARANTEES,WHETHER EXPRESS OR
<br /> IMPLIED,AS TO(i)the actual color of any colored concrete mix specified and ordered by Customer and the Customer acknowledges that he/she has been advised
<br /> by the Company that any color ordered from a color chart may vary from concrete color actually delivered due to the variations in the coloring materials and other
<br /> factors beyond the Company's control and(ii)any mixture of concrete specified and ordered by Customer.Customer agrees that the Company shall not be liable
<br /> for damages associated with any dissatisfaction with the color of concrete delivered or defects caused by a mixture designed and specified by the Customer.
<br /> C. The Company shall have no liability for and hereby excludes warranties or merchantability and fitness for any purpose,and all other warranties express
<br /> or implied with respect to reactive aggregate and popping(Pop-Outs),checking,discoloring of surface cracking of concrete.
<br /> D. Customer agrees to notify the Company in writing,via certified mall,of any claims,including claims of defects,associated with the materials delivered
<br /> hereunder within 72 hours after the first Date and Time of Delivery set forth on the front of this Delivery Invoice,and to afford the Company the opportunity to correct
<br /> any such claim prior to Custorner incurring any cost or expense in attempting to correct same.The Customer's failure to give such written notice will waive any such
<br /> claims.
<br /> E. All sales shall be subject to Company's standard terms and conditions as set forth in its Credit Agreement with Customers and the Customer acknowledges
<br /> that he/she has received a copy of said Credit Agreement.
<br /> F Customer understands that there are standard charges including but not limited to minimum load charges,truck standing time,plant opening fees,
<br /> environmental fees and other fees which will be included on any applicable invoices.Customer agrees to pay all such standard charges.Customer understands that,
<br /> upon request,Customer can obtain a copy of these standard charges.
<br /> G. Customer agrees to pay any and all costs,including costs of suit and actual attorneys'fee,incurred by Company to collect any unpaid amounts due
<br /> based on this delivery ticket.
<br /> H.AII amounts due based on this delivery ticket shall be paid in full on or before the last day of the month following the date of delivery unless the delivery
<br /> is a C.O.D.delivery.All C.O.D.deliveries are to be paid in full upon delivery of the materials.Customer agrees to pay to the Company a service charge equal to 2%
<br /> per month on any past due amounts.
<br /> 1.Customer is expected to provide company vehicles a safe and prepared working surface condition at all times on the job site.Any cost incurred by the
<br /> Company for its vehicles or people to egress the job site will be the Customer's responsibility and Customer will reimburse Company for any costs,including towing
<br /> charges.damaged equipment and injury to its employees.
<br /> J. in consideration of the Company's delivery of the purchased material to a place designated by the Customer,the Customer hereby releases and agrees
<br /> to indemnify and hold harmless the Company,its agents,employees and drivers from all liability or claims for damage done by it,or them,to driveways,roadway
<br /> property,and all other real and personal property adjacent thereto,including any below-surface structures,and including all other real and personal property as a
<br /> result of the movement of the Company's vehicles or employees upon or about such property.
<br /> MATERIAL SAFETY DATA SHEET HEALTH HAZARD DATA
<br /> MANUFACTURER:P&L CONCRETE PRODUCTS.INC ROUTES OF ENTRY:INHALATION:NIA SKIN:YES INGESTION:NIA
<br /> IN CASE OF EMERGENCY CALL:911 ACUTE HEALTH HAZARDS:CONTACT DERMATITIS AMD/OR SEVERE
<br /> IDENTITY OF MATERIAL:READY MIXED CONCRETE BURNS POSSIBLE WITH PROLONGED OR REPEATED CONTACT WITH
<br /> HAZARDOUS INGREDIENTS:AQUEOUS MIXTURE OF CALCIUM SILICATES, UNPROTECTED SKIN WHEN PRODUCT IS IN THE UNHARDENED STATE.
<br /> ALUMINATES,AND FERRITES,PORTLAND AND BLENDED CEMENTS: CHRONIC HEALTH HAZARDS:HYPERSENSITIVE INDIVIDUALS MAY
<br /> 3CaO.S10(CAS 12168-85-3) DEVELOP AN ALLERGIC DERMATITIS WITH REPEATED CONTACT WITH
<br /> 2CaO.S10(CAS 10034-77-2) PRODUCT IN THE UNHARDENED STATE.
<br /> 3CaO.A1:0(CAS 23042-78-3) CARCINOGENICITY:NONE KNOWN
<br /> 4CaO.A1.FE:0(CAS 12068.35-8) SIGNS/SYMPTOMS OF OVEREXPOSURE:IRRITATION AND/OR BURNING
<br /> CaSO4,2H2 (CAS 7778-18-9)PLUS TRACES OF CaO,MgO,K2SO4& OF SKIN OR EYES.
<br /> Na2SO4 PRECAUTIONS FOR SAFETY HANDLING&USE:USE PROPER TOOLS
<br /> OTHER INGREDIENTS:CONCRETE AGGREGATES,INERT GRAVEL SAND AND EQUIPMENT.RUBBER BOOTS,RUBBER GLOVES AND PROTECTIVE
<br /> AND ROCK. CLOTHING COVERING ARMS AND LEGS SHOULD BE WORN.PERSONS
<br /> ADMIXTURES:MAY INCLUDE FLY ASH,GRANULATED SLAG,AND VERY WITH SENSITIVE SKIN SHOULD TAKE EXTRA PROTECTIVE PRECAUTIONS
<br /> SMALL AMOUNTS OF ORGANIC AND INORGANIC MATERIALS WHICH HAVE EMERGENCY AND FIRST AID PROCEDURES
<br /> NO EFFECT ON THE HAZARDS ASSOCIATED WITH USE OF PRODUCT. CONTACT WITH EYES:IMMEDIATELY FLUSH EYES WITH COPIOUS
<br /> PHYSICAL/CHEMICAL CHARACTERISTICS: AMOUNTS OF WATER AND CONSULT A PHYSICIAN.
<br /> BOILING POINT.-N/A CONTACT WITH SKIN:THOROUGHLY WASH AFFECTED AREA WITH SOAP
<br /> VAPOR PRESSURE:N/A AND WATER.A PHYSICIAN SHOULD BE CONSULTED FOR SEVERE
<br /> VAPOR DENSITY:NIA BURNS OR PERSISTENT IRRITATION.
<br /> SPECIFIC GRAVITY.+/-2.30 THE INFORMATION HEREIN IS GIVEN IN GOOD FAITH AND IS BASED ON
<br /> FIRE!EXPLOSION DATA:NIA KNOWLEDGE BELIEVED TO BE RELIABLE.NO WARRANTY,EXPRESSED
<br /> REACTIVITY DATA:STABLE OR IMPLIED,IS GIVEN REGARDING THE ACCURACY OF THIS DATA OR
<br /> MELTING POINT.•N/A THE RESULTS OBTAINED FROM THE USE THEREOF.
<br /> EVAPORATION RATE:N,A
<br /> SOLUBILITY.•SIGHT(0.01 TO 1%)
<br /> APPEARANCE&ODOR:GRAY,PLASTIC,FLOWABLE,GRANULAR
<br /> MUD,ODORLESS
<br /> HAZARDOUS POLYMERIZATION:NONE
<br /> WARNING:INJURIOUS TO EYES:CAUSES SKIN IRRITATION:READ THIS WARNING BEFORE USING:CONTAINS PORTLAND CEMENT.
<br /> 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
<br /> and skin.Wear waterproof gloves,a fully buttoned,long-sleeve shirt,full length trousers and tight-fitting eye protection when working with these materials.if you have to stand
<br /> in wet concrete,use waterproof boots that are tight at the top and high enough to keep concrete from flowing into them.If you are finishing concrete,wear kneepads to protect
<br /> 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
<br /> 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
<br /> discomfort.in case of eye contact,flush with plenty of water for at least 15 minutes.Consult a physician immediately.KEEP OUT OF REACH OF CHILDREN,USER AGREES
<br /> TO CONVEY THIS WARNING TO ALL PERSONS WHOM MAY USE OR COME INTO CONTACT WITH WET(UNHARDENED)CONCRETE,MORTAR,AND CEMENT OR CEMENT
<br /> MIXTURES.
<br /> CRYSTALLINE SILICA CARCINOGENIC POTENTIAL:Concrete frequently contains crystalline silica in concentrations greater than 0.1 percent,principally contributed by the
<br /> aggregates.Respirable crystalline silica is classified by the International Agency for Research on Cancer as a known human carcinogen and by the National Toxicology Program
<br /> as"reasonably anticipated to be a carcinogen".Crystalline silica in wet concrete is not respirable and does not pose a hazard when the concrete is in its plastic or unhardened
<br /> state.Once concrete has hardened,airborne dust generated by grinding,sawing,drilling,breaking,etc.,can lead to potentially hazardous exposures to workers and appropriate
<br /> respiratory protection precautions should be taken.
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