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Terms and Conditions of Sale: Cement and Aggregate

TERMS AND CONDITIONS OF SALE  
 
Payment Terms:  Provided no previous invoices are past due, a cash discount as printed on the face hereof may be taken on shipments paid in full no later than the 10th day of the month following the month in which shipment is made.
 
Invoices are finally due and payable in full no later than the last day of the month following the month in which shipment is made. On invoices not so paid there shall be imposed a service charge at a rate not to exceed the highest rate legally permitted by state law. 
 
In the event it shall become necessary for Seller to retain the services of an attorney for the purpose of enforcing any of the terms and conditions of this invoice, Seller shall be entitled to recover from Buyer all cost of collection and/or suit, including reasonable attorneys' fees, in addition to all other right and remedies Seller might have.
 
Time and other terms of payment are essential hereto and if Buyer defaults therein, or if Buyer's financial responsibility becomes impaired or unsatisfactory to Seller, Seller shall have the right to terminate the unfilled portion of any contract or order or to discontinue shipments until past due payments are made or satisfactory assurance of Buyer's financial responsibility is received (without prejudice, however, to Seller's legal rights or claims) and no waiver of such rights shall result from any failure by Seller to exercise the same.
 
Shipments: Buyer shall give Seller shipping instructions within a reasonable time before shipments are desired. Shipping instructions shall be delivered to the office of the Seller stated on the face hereof.
 
All shipments are subject to applicable tariff regulations. Shipments of bulk cement shall be invoiced and paid for on basis of scale weights nearest to point of origin.
 
Claims: Seller shall not be liable to Buyer for any failure or delay in manufacturing, shipping or delivering cement or for Buyer's damages resulting therefrom caused by fire; strikes, lockouts by seller or others; differences with workmen; accidents; war; delays in securing or shortages of labor, transportation, fuel or other material; acts of government; delay or failure of any supplier; or any other cause or causes beyond Seller's control. During the time of any such delays, Seller shall have the right to apportion among its various customers such cement as it may be able to manufacture and ship. Seller shall have the right, but no obligation, to ship from any plant other than the one normally supplying the delivery point specified herein. In the event of delay or failure of performance not excused under the foregoing, Seller's liability shall not exceed that portion of the invoice price represented by the quantity of cement delayed or not shipped. In no event shall Seller be liable for consequential, special or contingent damages.
 
Transit Loss: Claims for loss or damage in transit will not be considered unless supported by seal record and carrier's acknowledgment on freight bill or on all copies of delivery ticket and/or bill of lading.
 
Specifications: The cement shipped hereunder shall conform to the applicable specifications (for their respective types) of the American Society for Testing Materials and the General Services Administration (or successor agency) of the United States Government, as appropriate.
 
Disclaimer of Warranties: EXCEPT AS IS EXPRESSLY SET FORTH HEREIN, THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, THE PARTIES AGREE THAT IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO THE CEMENT SOLD HEREUNDER.
 
Seller, having no control over the use of cement, will not guarantee finished work in which it is used, nor shall Seller be responsible for the condition of cement after delivery to Buyer.
 
Any charges incident to inspection or tests made by or on behalf of Buyer to determine compliance with specifications shall be paid by Buyer.
 
Except as otherwise stated in any order, any claim on account of non-conforming materials or for any other cause whatsoever shall conclusively be deemed waived by Buyer unless written notice thereof is given sixty (60) days after date of shipment. Seller shall be given reasonable opportunity to investigate all claims, and no materials may be returned by Buyer to Seller until after receipt by Buyer of definite shipping instructions from Seller.
 
Changes: Seller assumes no responsibility for any change in Buyer's order unless such change is confirmed in writing by Buyer and accepted in writing by Seller. Any price variation resulting from such change shall become effective immediately upon Seller's acceptance of such change.
 
WARNING
CAUSES SKIN IRRITATION AND INJURIOUS TO EYES. CONTAINS PORTLAND CEMENT.  FRESHLY MIXED CEMENT MORTAR, CONCRETE OR GROUT MAY CAUSE SKIN INJURY:  AVOID CONTACT WITH SKIN WHERE POSSIBLE AND WASH EXPOSED SKIN AREAS PROMPTLY WITH WATER.
 
IF ANY CEMENT OR CEMENT MIXTURES GET INTO THE EYE, RINSE IMMEDIATELY AND REPEATEDLY WITH WATER AND GET PROMPT MEDICAL ATTENTION.   KEEP OUT OF REACH OF CHILDREN.