General Terms and Sale Conditions
Definitions
All references to "Seller" in this document shall include Go Concrete Ltd. and/or its subsidiaries or affiliates involved in any part of the scope outlined here, whether or not specifically mentioned. The buyer agrees that the following terms and conditions will apply to all sales of goods or services ("Sales") by the seller to the buyer.
Force Majeure
Go Concrete Ltd.'s obligations are contingent upon unforeseen circumstances such as accidents, traffic conditions, weather, acts of God, governmental regulations, material supply issues, mechanical failures, or any other factors beyond the Seller's control. The Seller will not be responsible for any backcharges related to delivery issues caused by these conditions.
Product Inspection and Risk
The buyer is responsible for inspecting the product on-site to ensure the correct mix has been delivered. The buyer assumes all risks associated with the use of the product and agrees to indemnify and hold the Seller harmless from any liabilities arising from or related to the purchaser's handling of the product.
Testing, Analysis, and Claims
Any inspection, test, or analysis requested by the buyer must be specified in writing immediately after the order is placed and before shipment leaves the Seller’s plant. Failure to do so waives any claim regarding the material’s failure to meet the requested specifications. The buyer is responsible for all associated costs.
The Seller reserves the right to test all materials in place. If the buyer intends to pave over the Seller’s base material before receiving certification results, they must notify the Seller. Proceeding without results transfers full financial responsibility to the buyer for any necessary repairs or replacements.
All claims related to delivery, billing, or product quality must be submitted in writing within 30 days of the material being received; otherwise, such claims will be considered waived. Any identifiable quality issues at the time of delivery must be reported immediately, and such material must not be used.
Addition of Water
Where the addition of water to the ready-mix is requested by employees or agents (including but not limited to pumpers, placers, and finishers), Go Concrete Ltd. will not be responsible for the strength or any other properties of the concrete. This includes water added to the pump lines or hopper before or during discharge.
Concrete Shrinkage
Due to the natural tendency of concrete to shrink during initial curing stages, the Seller will not be held responsible or liable for any cracking or curling of the concrete.
Pricing and Quotations
Prices in the Seller’s quotations are subject to change without notice. All quotations will expire and become invalid if not accepted within 30 days from the date of issue unless stated otherwise in writing by the Seller.
Price extensions are provided for the buyer’s convenience only and any errors (mathematical or clerical) are not binding. Unless otherwise stated, prices do not include any government taxes or charges. The buyer agrees to reimburse the Seller for such taxes or provide a valid tax exemption certificate.
Payments and Invoices
All outstanding payments are due at the Seller's office listed on the invoice, unless a different payment location is specified. Invoices will be considered accurate unless disputed in writing within five (5) business days of receipt.
Collections and Legal Fees
The buyer agrees to pay all costs and expenses associated with collection, legal action, or other proceedings, including attorneys’ and paralegal fees, incurred through trial, appeal, or in any administrative or bankruptcy proceeding. The Seller may assign any legal claims against the buyer.
Unless otherwise stated, payment terms are Net-30 days. The Seller may apply payments at its discretion and may impose a monthly finance charge of 2% or the maximum legal interest rate on past-due accounts after obtaining a judgment.
The Seller reserves the right to exercise setoff or recoupment to satisfy outstanding debt. All agreements between the Seller and the buyer (including any affiliate or subsidiary of the buyer) shall be treated as one integrated agreement.