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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 inpremental
<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 clelivd?y
<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 rnix 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 mail, 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 Customer 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 />I. 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 indemnity 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 AND/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:O (CAS 23042-78-3) CARCINOGENICITY: NONE KNOWN
<br />4CaO.A1.FE:O (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: NIA AND WATER. A PHYSICIAN SHOULD BE CONSULTED FOR SEVERE
<br />VAPOR DENSITY: N/A BURNS OR PERSISTENT IRRITATION.
<br />SPECIFIC GRAVITY. • +l- 2.30 THE INFORMATION HEREIN IS GIVEN IN GOOD FAITH AND IS BASED ON
<br />FIRE/EXPLOSION DATA: N/A 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. NA 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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