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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 tie 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 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 minirnunl 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 at!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:N!A 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) c PRODUCT IN THE UNHARDENED STATE. <br /> 3CaO.A1:0(CAS 23042-78-3) CARCINOGENICITY:NONE KNOWN <br /> 4CaO.Af.FE:O(CAS 12068-35-8) SIGNSISYMPTOMS OF OVEREXPOSURE:IRRITATION AND/OR BURNING <br /> CaSO4,21­12 (CAS 7778-18-9)PLUS TRACES OF CaO,IVIgO,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 i�� 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.+;-2.30 THE INFORMATION HEREIN IS GIVEN IN GOOD FAITH AND IS BASED ON <br /> FIRE.EXPLOSION DATA:N/A I 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 u THE RESULTS OBTAINED FROM THE USE THEREOF. <br /> EVAPORATION RATE:NIA <br /> SOLUBILITY:SIGHT(0.01 TO 1%) <br /> APPEARANCE&ODOR:GRAY,PLASTIC,FLOWABLE.GRA S2 <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 g!cves,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. <br />