Term of Use and Purchase

Welcome to the AEF Concrete, LLC website (“Site”). The following Terms of Use and Purchase (“Terms of Use”) are a legal agreement (“Agreement”) between you and AEF Concrete, LLC, its affiliates, employees, members, agents, and partners (the “Company”). Please read these Terms of Use carefully before using our Site as they apply to all of your purchases of Products, Services and use of the Site. By accessing, browsing and/or otherwise using this Site and purchasing Products and Services through the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, including but not limited to conducting a transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of law. You agree to comply with all applicable laws and regulations. If you do not agree to all of the terms and conditions contained herein, you may not access, browse, and/or use this Site or purchase any Products or Services through this Site. The Company explicitly rejects any new or different terms supplied by you unless the Company has agreed to them in a signed written document specifically including those new or other terms. The content provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

This Agreement applies to your access to and use of this Site, your purchase of Products and Services from the Site, and does not alter in any way the terms and conditions of any other written agreement that you may have with Company, unless otherwise directed by Company.

Terms of Sale

The Company provides you with the ability to purchase concrete and concrete services (“Product(s) and Services”). All Products and Services purchased from the Company paid for via our Site, and any other transactions for the sale of goods or services, whether via the Site on a computer browser, through a mobile application, or through a social networking site, are governed by this Agreement. This Site is only intended for the use of individuals residing within the United States of America, and the Company does not knowingly receive orders. It will not process orders from parties located outside the United States of America. The Company makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative, bear all risk with respect to your access, and are responsible for compliance with all applicable local laws.

Charges and Payments

All prices and qualities quoted for Products are based upon the wet volume of Products at the time of discharge from the truck and are based upon “form measurement” of measured “in place.” Total Yield will be determined in strict accordance with applicable ASTM standards. You will be charged additional amounts for all inspections or tests performed on your behalf.

Product or Service Payment

Upon ordering Products or Services from the Company, you shall receive an invoice, which you can choose to pay using any method provided. You are responsible for paying all applicable federal, state, and local taxes that may be due. Unless otherwise agreed by the parties, all payments due for Products and Services shall be made before delivery thereof. If the Company agrees to provide credit, then payment must be made for all Products and Services hereunder within thirty (30) days of the date of invoice. Interest will accrue immediately, in the amount of two percent (2%) per month or the maximum rate allowed per law, on any amount not paid in accordance with this Agreement. You agree to pay any reasonable costs, including, but not limited to, reasonable attorney’s fees of thirty-three percent (33%) of any amount due and owing, expert witness fees, and court costs incurred by the Company to collect any amount unpaid under this Agreement. All returned checks shall be subject to an additional charge of Thirty-five Dollars ($35).

You shall be responsible for full payment of, including all costs of disposal and a return charge per truck for: (i) any orders for Products and Services not canceled at least two (2) hours before the estimated delivery time; (ii) Products delivered or Services performed due to your mistake or in excess of requirements; and (iii) Products not deliverable due to the Company’s sole and absolute determination that the approach area for delivery of the Products is unsuitable.

Credit Card Processing

Payments for all Products and Services made shall be processed using the payment information you submitted upon accepting our Services. If you make a credit card or ACH payment, you should review the terms available on that processor governing the transaction. By using a credit card to make payment, you authorize the Company and any payment processor to charge your card for all purchases you make. Credit and debit card payments are processed, and your credit or debit card is charged when the Company processes your order. The Company may, in its sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment.

Product or Service Delivery

Hours: Regular delivery hours for all Products and Services are 8:00 AM—6:00 PM, Monday through Friday. An additional charge may be added for deliveries made outside of these hours and for any waiting or unloading periods in excess of 60 minutes. Prices quoted are based on full loads, and an additional charge will apply to any smaller loads.

Schedule: All delivery schedules shall be mutually agreed upon between you and the Company. You must provide the Company with at least 48 hours prior notice of the time and number of requested deliveries. The Company reserves the right to reject or cancel any order at any time before the delivery thereof. The Company shall use its best efforts to provide delivery at the scheduled delivery date and time. Still, the Company is not liable for, and you agree to waive any claims associated with any delivery delays.

Delivery Location: You are responsible for ensuring that there are appropriate delivery points and approach areas for the Company to perform hereunder and that any such locations and delivery points are in accordance with applicable laws. All services and the delivery of products will require the use and moving of heavy equipment and vehicles on or adjacent to your property. You warrant that any access to and locations provided for the delivery of the Products is sufficient to bear the weight of all vehicles required to perform the Service and deliver the Products. The company is not responsible for any damage to any property while providing Services and Products. This includes any property and/or surface damage that may be caused by the placement of concrete Products, including damages to other pavement, curbs, sidewalks, roads, lawns, trees, shrubbery, landscaping, or flowers resulting from the delivery of the Products.

If your delivery is made beyond curb lines, you assume all liability for damage to vehicles, sidewalks, driveways, pipes, electric, wells, septic tanks, landscaping, and/or other property, and you shall indemnify and hold Company harmless from and against any and all liability, loss, and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by the gross negligence or willful misconduct of the Company.

Notice of Claim​

You must give the Company written notice within 48 hours after delivery of any warranty claim against the Company as a result of any alleged nonconforming Products or Services 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 ASTM standards), time being of the essence. The Company will be given a reasonable opportunity to investigate all claims. Any failure by you to provide written notice within such a 48-hour period will be deemed a conclusive waiver by you of all such claims against the Company. Unless otherwise stated, your right in the event of a breach of the express limited warranty shall be limited to the reinstallation of materials or, at the sole option of the Company, reimbursement of any fees paid to the Company for the defective Products and Services.

Disclaimer​

Except for the Limited Warranty set forth above, the Site and the Products and Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. Company disclaims, to the fullest extent permitted by law, all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and implied warranties of merchantability and fitness for a particular purpose. Except as outlined in the Limited Warranty, the Company does not warrant that any Products will be in stock, safe, defect-free, or conform with any oral specifications, representations, or promises. The company makes no representations, warranties, or guarantees that the Site, Products, or Services will meet your requirements or achieve any particular results. Your use of this Site and purchase of Products and Services shall be solely at your own risk.

Indemnification

You hereby agree to indemnify, defend, and hold the Company, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your use of the Site, your account(s) and/or your use of any Products or Services provided hereunder. You shall cooperate with us in the defense of any claim.