1. APPLICABILITY. These conditions apply to all sales between the Customer identified on the quotation and/or invoice and Consolidated Concrete Co. and its subsidiaries and affiliates, hereinafter referred to as Consolidated.
  2. ACCEPTANCE. This offer is entire and not severable, is made subject to the conditions and provisions set forth below. Consolidated will not recognize any separate purchase order unless approved by Consolidated’s management and unless the terms hereof are incorporate therein by reference. NO MODIFICATION SHALL BE EFFECTED BY CONSOLIDATED’S ACKNOWLEDGEMENT OR ACCEPTANCE OF CUSTOMER’S PURCHASE ORDER FORMS CONTAINING TERMS OR CONDITIONS AT VARIANCE WITH THOSE SET FORTH HEREIN. Acceptance or delivery of products or materials shall constitute acceptance of these terms and conditions.
  3. SUPPLIER. Consolidated is a supplier of materials, within the meaning of applicable law and regulations, and is not to be deemed a subcontractor.
  4. PRICES AND TERM OF AGREEMENT. Consolidated is pleased to offer to sell and deliver to the Customer the materials identified in the quotation at the prices indicated, subject to the terms and conditions outlined herein. Unless otherwise agreed to in writing, the prices in the quotation are valid for the period of time set out in the quotation. Consolidated may, in its sole discretion, increase the price of the concrete identified in the quotation after such date.
  5. ADDITIONAL CHARGES. Customer acknowledges that Consolidated may impose the following additional charges for such items as hot water/winter service, chilled concrete, admixtures, special mixes, special aggregates, fibers, overtime deliveries, weekend and holiday deliveries, small or part loads, call-back loads, excessive unloading time, orders cancelled or postponed on the day of scheduled delivery (whether concrete has been batched or not), returned concrete (for all concrete sent back for any reason beyond Consolidated’s control), fuel surcharges, environmental fees, testing fees, etc. Unless specifically quoted, such charges shall be determined per Consolidated’s current rate schedule for such items.
  6. SALES TAX. Quoted prices exclude applicable sales tax. Unless complete and valid tax exemption forms are provided to Consolidated prior to the first delivery for each tax-exempt project or customer, the Customer will be responsible for payment of all applicable taxes.
  7. CREDIT. All purchases by Customer require payment in advance unless Customer has been approved for a credit account with Consolidated. If, in the sole judgment of Consolidated, the financial responsibility of the Customer shall at any time become impaired, Consolidated may decline to make further credit purchases or deliveries.
  8. TERMS/FINANCE CHARGES. Unless otherwise agreed upon in writing, all invoices are due in full on the last day of the month following the month in which the invoice is dated (30 days EOM). Any such amounts not paid when due shall become delinquent and shall be assessed a finance charge of one and one-half percent (1.5%) per month, or an annual percentage rate of eighteen percent (18%). Service charges will NOT be waived. Past due accounts may be subject to construction liens. All checks returned unpaid by Customer’s bank will be assessed a Returned Check Fee which shall be paid by Customer. Said fee will be determined by Consolidated, but in no event shall exceed $50.
  9. DEFAULT. Each shipment shall constitute a separate and independent transaction and Consolidated may recover for each such shipment without reference to any other. If Customer is in default in the payment of any sum due, or with respect to any other of the terms or conditions, Consolidated may, at its option, defer further shipments hereunder until such default is remedied, or, in addition to any other legal remedy, Consolidated may decline further performance. In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against Customer, or in the event of the appointment, with or without the Customer’s consent, of an assignee for the benefit of creditors or of a receiver, then Consolidated may cancel this agreement for default and hold Customer accountable for any additional costs or damages incurred. In the event Customer’s account is turned over to an attorney or other agency for collection, Customer shall pay all reasonable attorneys’ fees, collection expenses and court costs incurred by Consolidated.
  10. CONCRETE AVAILABILITY. Consolidated’s ability to deliver the amount of concrete required by Customer is subject to the availability of the concrete. Availability might be limited for reasons outside of Consolidated’s control. Consolidated shall not be considered in default in the performance of its obligations if such performance is prevented or delayed because of an act of God, lack of availability of raw materials, equipment or facility failures, war, blockade, embargo, hostilities, revolution, civil commotion, strike or lockout, labor dispute, epidemic, fire, wind, earthquake or flood, severe weather, traffic delays, delays of third parties or because of any law, order, proclamation, regulation or ordinance of any government , or for any other cause, whether similar or dissimilar to those enumerated, beyond the reasonable control of Seller.Customer waives any claims associated with delays in delivery. Any quotation should not be construed as a guarantee that concrete will be available at all times during the dates covered by the quotation.
  11. FLYASH AVAILABILITY. Recent government actions, including EPA mandates limiting specific emissions from coal fired power plant and the current political climate emphasizing a decreased use of coal power, have adversely impacted the fly ash market. As a result, there is a limited and unreliable source of fly ash available for use in concrete. Please be aware that due to these limited supplies, there may be periods where Consolidated will not be able to produce concrete using fly ash. As a result, we advise customers to plan on not having fly ash products available and bid work using 100% cement products. When fly ash is available, customers will be able to utilize it and receive any economic benefits as a result.
  12. DELIVERY CONDITIONS.
    1. Customer shall schedule all deliveries directly with Consolidated’s dispatchers. It is the intent of Consolidated to have concrete and related products arrive at Customer’s site at the time and rate ordered by Customer; however, full cooperation of Customer and at least 48-hour advance notice are necessary to facilitate timely delivery.
    2. When deliveries of materials are made to places other than on paved streets, Customer must provide suitable hard-surfaced roadways or approaches permitting safe access of trucks to the point of delivery under their own power, as well as qualified spotters to assist in required backing movements. Consolidated reserves the right to refuse deliveries in the event such roadways are not provided or if Consolidated’s driver deems conditions, in his sole discretion, to be unsafe for delivery.
    3. If Customer orders deliveries beyond the curb line, Customer will be responsible for removal of mud or debris from truck wheels, tires and public roadways. In addition, Customer shall assume all responsibility for damage to vehicles, sidewalks, driveways, pipes, septic tanks, and other property. Customer will indemnify and hold Consolidated harmless from and against any and all liability, loss and expense incurred as a result of such delivery, except to the extent caused by Consolidated’s gross negligence or willful misconduct. Customer waives any right of subrogation against seller.
    4. Prices and quantities are based on the wet volume at the time of discharge from the delivery truck. Yield will be established in strict accordance with applicable American Society for Testing Materials (ASTM) standards. The quantity shown on the delivery ticket shall be deemed to be correct unless the Customer disputes the same in writing within 24 hours of the time of delivery.
    5. If slow unloading threatens product quality or concrete accumulation in mixer drum, truck shall be returned to Consolidated, and Customer shall be responsible for costs of removing concrete accumulation. If there are repeated delays in unloading, Consolidated reserves the right to suspend deliveries until conditions are corrected.
    6. Customer is responsible for placing, consolidation, finishing, protection and curing of Concrete. Since Consolidated has no control over the placing, curing or handling of concrete after unloading, Consolidated cannot guarantee, and shall under no circumstances be held liable for, the finished work in which its concrete is used.
    7. CAUTION should be exercised when hard-troweling air entrained concrete. As stated in ACI 302.1R-25, 6.2.7: “It is recommended that an air entraining agent not be specified or used for concrete to be given a smooth, dense, hard-troweled finish since blistering or delamination may occur.” Consolidated will not be held responsible for blistering or delamination, when air-entrained concrete is hard-troweled.”
    8. Unless the parties otherwise agree, title and risk of loss shall pass to the Customer upon delivery of concrete to the Customer’s site.
  13. CONCRETE SPECIFICATIONS.
    1. Customer is solely responsible for determining the type and quantity of materials to be purchased and delivered. Consolidated will provide technical assistance as is necessary and reasonable, including submittal of proposed mix designs. Additional testing shall be at expense of Customer.
    2. Concrete will meet current applicable ASTM and American Concrete Institute (ACI) standards, when tested in accordance with ASTM and evaluated by ACI standards.
    3. Concrete temperature will be dictated by the environmental and material conditions at the time of delivery. Any requirement beyond these conditions will require the implementation of controlled measurers during production at the expense of the Customer. Customer is responsible for the requirements of ACI 305R and 306R, except as it pertains to production.
    4. Consolidated is not responsible for the slump, strength or quality of any concrete to which water or any other material has been added by Customer, his employees or agents, or at Customer’s request of Consolidated. EXCESS WATER REDUCES STRENGTH AND MAY CAUSE OTHER HARMFUL IMPACTS ON QUALITY AND PERFORMANCE.
    5. Sampling of concrete and testing for strength shall be in strict accordance with procedures described in the current ASTM Specification C-94. Conformance with strength requirements shall be determined on the basis of that Specification. Any sampling or testing that does not meet these procedures will be deemed null and void.
    6. Tests for slump and air content shall be made in accordance with procedures listed in the current ASTM Specification C-94. Any rejection of concrete on the basis of deviations in slump or air content from limits designated in the mix design shall be at the time of delivery.
    7. Prior to unloading concrete, Customer shall inspect delivery tickets for conformity with order. Materials will be deemed accepted by the Customer unless Customer gives Consolidated written notice within 48 hours after delivery of any claim against Consolidated as a result of any alleged nonconforming materials or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the specified test age of the test cylinder in accordance with ASTM standards), time being of the essence. Consolidated will be given reasonable opportunity to investigate all claims. Any failure by Customer to give written notice within such 48 hour period will be deemed a conclusive waiver by Customer of all such claims against Consolidated.
  14. LIMITED WARRANTY. Consolidated expressly warrants the title to the concrete and, except as provided in Section 13, Consolidated makes no representation or warranty whatsoever with respect to the concrete, express or implied (whether written, oral, statutory or arising by previous course of dealing or usage of trade) including merchantability and fitness for a particular purpose. Consolidated hereby disclaims all such other representations and warranties to the maximum extent permitted by applicable law.
  15. WAIVER OF CERTAIN LIABILITIES. Notwithstanding any other provisions in the Agreement, and without regard to the fault of Customer or Consolidated, Customer waives all claims against Consolidated, and shall indemnify Consolidated from and against all claims, liability, loss, damages, or expenses, arising out of or relating to:
    1. Consolidated’s delivery of concrete beyond the curb of any public road at the request of Customer or its Agents;
    2. Physical changes to concrete after delivered to Customer’s site and after concrete has left the chute of Consolidated’s delivery truck;
    3. Seller’s addition or water and/or foreign product to the concrete at the request of Customer or its Agents;
    4. Improper placing, finishing, forming or curing of the concrete by Customer or its Agents including, but not limited to, where a trowel finishing is applied to air-entrained concrete;
    5. Any cracking or curling of concrete due to the inherent characteristics of concrete to shrink during the early stages of curing;
    6. the color of finished concrete.
  16. LIMITATION OF LIABILITY. Notwithstanding any other provisions of this Agreement, Consolidated shall not be liable to the Customer whether due to breach of contract, negligence, warranty, strict liability or otherwise, for any special, indirect or consequential damages, or for any loss of profits, loss of revenue or loss of anticipated business suffered or incurred by the Customer. Consolidated’s liability to a Customer in relation to these terms and conditions, whether due to breach of contract, negligence, warranty, strict liability or otherwise, is strictly limited to the purchase price for the order of concrete in question.
  17. USE OF CONCRETE. The Customer’s use of the concrete is at its own risk and the Customer shall indemnify and save Consolidated harmless from all liabilities arising out of, or relating to the Customer’s control use, possession, transportation or ownership of the concrete.
  18. WAIVER. Failure of Consolidated to exercise any of its rights hereunder will not be deemed a waiver of any such right; a waiver of any right or obligation hereunder will not constitute a continuing waiver. The unenforceability of any provision of this agreement will not affect the enforceability of any other provision of the agreement, and each other provision of the agreement will be severable and enforceable to the extent permitted by law.
  19. GOVERNING LAW. The Customer and Consolidated agree that this agreement shall be deemed to have been made and executed in the State of Nebraska and that any dispute arising under this agreement shall be resolved in accordance with the laws of the State of Nebraska. Customer and Consolidated agree that any legal action related to this agreement shall be filed in the State of Nebraska.
  20. ASSIGNMENT. This agreement shall be binding upon and inure to the benefit of the respective successors and assigns of each of the parties hereto, but shall not be assigned by Customer without the prior written consent of Consolidated. Customer shall notify Consolidated immediately of a change in ownership status of the Customer.

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Concrete Calculator

This calculator is meant for estimations only. Please contact us for a detailed estimate and quote.

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* 2 Cubic Yard Minimum Order