Pittsburgh Mobile Concrete, Inc. Terms & Conditions of Sales

1. Definitions. “Company” as used herein means Pittsburgh Mobile Concrete, Inc., and the word “Buyer” means the purchaser of material and services hereunder from the Company.

2. Credit Approval. Acceptance of contracts is at all times subject to the Company’s credit approval and the Company reserves the right to require full or partial payment in advance if, in the Company’s opinion, the financial condition of the Buyer does not justify delivery of material. If at any time, in the Company’s judgment, reasonable doubt exists as to the Buyer’s financial responsibility, or if Buyer is past due in payment of any amount owing to Company under this or any other contract, Company reserves the right, without liability and without prejudice to any other remedies to suspend performance, decline to ship, or stop any material in transit, until Company receives payment of all amounts owing to Company whether not due, or adequate assurance of such payment.

3. Terms of Payment. Terms are net cash thirty (30) days from the date of each invoice. Each delivery will be invoiced when delivered. Liquidated damages for late payment shall be charged at the rate of one and one half (1 ½%) per month.

4.Claims for Shortages, Delivery of Improper Material or Delivery of Defective Material. Buyer agrees to inspect the material upon delivery and no claims for shortages of delivery of apparently improper or defective material will be accepted by Company will in no event pay or be liable for any claim resulting from finish defects or defects in the color of materials.

5.Delivery Schedule. Pricing includes an unloading time allowance (concrete: one hour per 10 cubic yards). Should this time allowance be exceeded through no fault of the Company, Company shall be entitled to additional compensation in the amount of $70.00 per hour.

6. Delay. All orders are accepted subject to delays due to strikes, fire, flood, shortage of materials, delays in transit, force majeurs, government priority or other regulations or other cause beyond our control. We assume no responsibility for delays occasioned by default of payment terms on prior invoice.

7. Penalties and Backcharges. Company shall in no event be liable for penalties or damages except as may be specifically provided for herein. Credit will not be allowed for any cost or expense Buyer may incur in replacing or correcting material delivered hereunder unless Buyer shall give Company reasonable written notice before any such cost or expense is incurred and obtain Company’s prior written approval thereof.

8. Retainage. It is agreed that no retainage is allowed on this sale for labor or materials and that invoices will be paid in full upon delivery, or within the thirty day period specified if credit has been approved. Any legal fees or other collection costs shall be borne by Buyer.

9. The Company shall not be liable for any loss or damage, including any special or consequential damages, due to delay resulting from any cause beyond the Company’s reasonable control, including but not limited to, Acts of God, fire, the elements, accidents, strikes or other labor difficulties, wars, riots or national emergencies, embargoes, government acts, regulations or requests, priorities of any kind, delays by transportation companies, shortages of energy, fuel, supplies or materials or delays in obtaining material from usual sources of supply.

10. Taxes. If the Company is required to pay any sales, use, excise, personal property, or other similar tax or charge incident to the performance of this contract, the Buyer shall reimburse the Company therefore upon request unless such tax or charge is specifically included in the sale price. The foregoing shall not apply to any taxes, the prepayment or collection of which by Company is excused by reason of delivery to Company of a valid exemption certificate.

11. Changes in the Work. Company will proceed with changes in the material or work herein specified only upon receipt of written order from Buyer specifying the requested change and containing an agreed price and schedule adjustment. Company’s election to proceed without such prior written order in any instance shall not be deemed a waiver of Company’s right to receive price and schedule adjustment therefore or to insist upon written orders for and subsequent changes in the material or work.

12. Minimum Haul. The minimum haul for concrete shall be one (1) cubic yard. All yardages below five (5) cubic yards are subject to a separate delivery fee, by the quarter yard, calculated until five (5) cubic yards is achieved in a single delivery; thereafter no delivery fee is charged in excess of five (5) cubic yards. Additional fees may be charged in the event Buyer under-orders and additional load(s) of materials are delivered to achieve the five cubic yards. All deliveries are subject to a fuel fee and are determined, in the sole discretion of Company, by then existing fuel costs and delivery distance.

13. Towing Costs and Cleanup Area. Buyer shall be responsible for all costs and damages incurred by Company relating to the removal or towing of a Company vehicle that became stuck or lodged at the direction of Buyer. Buyer shall provide a cleanup area in which to wash vehicle chutes following delivery of materials.

14. Cancellations. The contract may be cancelled or modified only by written agreement between the parties, except as elsewhere provided herein. Should this agreement be terminated, Buyer agrees to pay Company for all work executed and loss sustained in regard to any material, equipment and tools, including reasonable proof of damages. Buyer’s insistence upon canceling or suspending delivery or Buyer’s failure to furnish information when required may be treated by Company as a breach of contract by Buyer and Company may cancel any undelivered balance without prejudice to any other remedies Company may have.

15. Limitations of Liability. Buyer’s exclusive remedy against Company for any damages suffered by Buyer in connection with the material and arising out of this transaction shall be for breach of contract, and Company’s liability in this regard shall be limited to repair or replacement of defective or nonconforming material or repayment of this purchase price paid therefore by Buyer, as Company may in its sole discretion elect. Because the sales price herein makes no provision for such risk, Company shall in no event be liable to Buyer for any special or consequential damages including, but not limited to lost profits, good will, loss of time, inconvenience or commercial loss. Any action for breach of this contract must be commenced within one (1) year after the cause of action shall occur, and no such action may be maintained which is not commenced within such period. In no event shall Company be liable for any damage to property if required to deliver material beyond curb line.

16. Warranty. Company warrants that the material sold hereunder will conform to the description stated herein (subject to tolerances and variations consistent with current trade practices and practical testing and inspection methods); and that Company will repair or replace any defective or nonconforming material or repay the purchase price, as Company may elect, if notified thereof in writing within thirty (30) days from the date of delivery. This is a Company’s sole warranty with respect to the material. COMPANY MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFORESAID OBLIGATION ARE HEREBY DISCLAIMED BY COMPANY AND EXCLUDED FROM THIS TRANSACTION.

17. Entire Agreement. The terms stated herein constitute the sole terms and conditions of sale between Buyer and Company, all prior representations and understandings having been merged herein. No other term, conditions or understandings, whether oral or written, shall be binding upon Company unless hereafter made in writing and signed by Company’s authorized representative. By signing and returning this proposal, or by issuing a contract (in form of purchase order or otherwise) to Company on the basis of this proposal, Buyer indicates acceptance of the terms hereof and agrees to be bound by same in lieu of any different or additional terms proposed by Buyer or contained in this contract.

18. Warning. Freshly mixed cement, mortar, concrete or grout contains Portland cement and may cause skin irritation. Company is not liable for any injuries, conditions, or other health-related issues that may occur to individuals working with such materials. Buyer assumes all risk of injury associated with the use of such materials. If such materials come in contact with skin, wash exposed area thoroughly. In case of eye contact, flush with large amount of water for 15 minutes. Contact a physician immediately. Finishing operation shall not be performed while bleed water is present on the surface of poured material. “Fresno” outside pours are not recommended.