Introduction
These Terms govern
- the use of this Website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
American Materials L.L.C
7214 E Rustling Pass
Scottsdale, AZ 85255
Support Phone: (602) 888-8242
Owner contact email: orders@americanmaterialscompany.com
Information about this Website
1.) Standard Terms and Conditions Incorporated. The Standard Terms and Conditions are incorporated herein. These Additional Standard Terms & Conditions apply to ready-mix material sales under American Materials MSO.
2.) Delivery. For Ready-Mix Material, prices are F.O.B. job site, over suitable access roads that are capable of handling Ready-Mix truck traffic. American Materials reserves the right to stop delivery if access is not suitable. When Customer orders delivery beyond the street curb, Customer assumes responsibility for damage to sidewalks, driveways, or other property, and agrees to indemnify and hold American Materials harmless against all liabilities, losses, and expenses incurred as a result of such deliveries. Customer shall be responsible for recovery costs and damages resulting from unsuitable site conditions. All delivered concrete prices are for full loads. For less than six (6) CY, American Materials may assess an additional minimum delivery charge. All concrete correctly dispatched and with delivery underway will be charged to the customer's account.
3.) Standby Time Charges. Unless otherwise stated within the MSO, the price for Ready-Mix Material includes delivery, with 8 minutes allowed per cubic yard discharged, from the time that the truck arrives at the delivery point specified by Customer. In the event that truck time on site exceeds the allowed time per yard ordered, excess time (beyond the pour time) will be charged as Standby at a rate of $ current to market conditions in minute intervals.
4.) Operating Hours. The MSO price for Ready-Mix Material is based on production and delivery during standard/regular/normal work hours and workdays, as defined by American Materials. After-hours work and/or night work and/or weekend work is subject to an additional charge of $ current to job conditions per CY, and a plant open charge of $ current to job conditions per day. For night or Sunday work, pricing will be quoted on a job-by-job basis.
5.) Truck Wash-down. Customer is responsible for providing a TCEQ- and EPA-compliant washout area at the project site. If no washout area is provided, a truck clean-up fee of $100.00 per load will be assessed. All washouts must be contained in an impermeable containment until they have time to evaporate, solidify, or be disposed of in an appropriate manner that meets state and federal regulations. Washout material may never be allowed to discharge from the construction site. American Materials will not assume liability for any damage or trespass as a result of cleaning and wash-down. Customer agrees to indemnify and hold American Materials harmless against all liabilities, losses, and expenses incurred as a result of any damage or trespass caused by such cleaning and wash-down. Any environmental cleanup costs or fines associated with truck washout are the sole responsibility of the Customer.
Additional Warranty Disclaimers
6.) Strength, Durability, and Submittals. American Materials warrants that the strength of the Ready-Mix Material delivered to Customer meets or exceeds the specifications submitted by the Customer, when tested in accordance with applicable American Society for Testing and Materials procedures, and evaluated in accordance with all applicable American Concrete Institute standards and guidelines. However, American Materials disclaims all warranties with respect to: (1) any ready mix Material to which water or other materials have been added by Customer; (2) any other Ready Mix Material to which Customer has made alterations or additions thereto. American Materials does not warrant finished work. Mix design water-cement ratio and actual production water-cement ratio may vary, as recognized by industry standards such as ASTM C 94.
7.) Concrete Temperatures. Unless otherwise contemplated and set forth in the MSO, Customer is responsible for notifying American Materials of concrete temperatures specific to Customer's requirements. Additional fees may apply if temperature control is required.
8.) Architectural Concrete Disclaimer. American Materials does not warrant color, texture, or other variations in architectural concrete. Without limiting the foregoing, American Materials is not responsible for, e.g., floor flatness/levelness tolerances or final finished concrete, wear surface, ride, moisture content, smoothness, bug holes, honeycombing, etc.
9.) Liquid Color, Fiber, and Special Additives. Due to normal fluctuations in Ready Mix components, American Materials disclaims any responsibility for color, other than to add the liquid color at the manufacturer's dosage rate based upon the base concrete color of the plant. Therefore, American Materials warrants only that concrete, color, fibers, or any other special additive will be batched according to the mix design and/or the manufacturer's recommended dosage rate.
10.) Raw Materials. Availability is dependent on factors outside American Materials' control. Should any of these supplementary materials (by-products)become regionally unavailable (e.g., plant breakdowns, closures, lack of supply, etc.), Customer will assume all additional costs for mix adjustments.
11.) Yield. American Materials does not guarantee an yield, an yield, or any other yield calculation except by measurement in accordance with ASTM C138.
12.) Sampling and Testing. All sampling and testing shall be in accordance with ASTM & ACI standards. These procedures include, but are not limited to, sampling, initial curing, air content, ambient and concrete temperatures, and transportation of concrete samples. However, unless specifically stated in the MSO, prices do not include costs for testing or other engineering services. Any costs for additional testing, repairs, or delays due to improper sampling, testing, or inspection procedures shall be the responsibility of Customer. Material compliance testing shall be sampled from the truck chute per ASTM C172, not at the point of placement.
13.) Delays. Without limiting the Limitation on Damages provisions in the Standard Terms & Conditions, American Materials is not responsible for failure to make delivery, and American Materials shall not be liable for any delay, loss of profits, additional expense, claims of third parties, or any other special, incidental, or consequential damages of Customer, due to strikes, lockouts or other labor troubles, accidents, or necessary repairs to machinery, fires, flood, adverse weather conditions, or by reasons of any other contingencies beyond American Materials control. American Materials is not responsible for allocations or priorities that may be imposed by its suppliers and American Materials shall not be liable for any delay, loss of profits, additional expense, claims of third parties, or any other special, incidental, or consequential damages of Customer caused by such imposed allocations or priorities.
SMS Terms and Conditions:
Product Description By providing your mobile phone number, you consent to receive SMS messages from (Company Name) related to [describe the purpose(Do not include marketing or promotional/Offers type, e.g., "order updates, or account notifications"].
Message Frequency Message frequency may vary.
Message and Data Rates Standard message and data rates may apply depending on your carrier.
Opting Out You may opt out of receiving SMS messages at any time by replying with "STOP" to any SMS message you receive from us. After opting out, you will receive a confirmation message, and we will cease sending SMS messages to your number.
Help and Support If you need assistance or have questions about our SMS service, reply with "HELP" to any SMS message you receive, or contact our customer support team at [support contact information].
Privacy Policy Your phone number will be handled in accordance with our Privacy Policy. We do not share SMS opt-in consent with any third parties for solicitation purposes.
What the User should know at a glance
- The Service/this Website is only intended for Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
- Users must qualify as Consumers.
Content on this Website
Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Website - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, on this Website Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via this Website. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
US Users
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willfull misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.
Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.
Definitions and legal references
This Website (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.
European (or Europe)
Applies where a User, regardless of nationality, is in the EU.
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
Service
The service provided by this Website as described in these Terms and on this Website.
Terms
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Website.
Consumer
Consumer is any User qualifying as such under applicable law.