ADDITIONAL TERMS & CONDITIONS OF AMERICAN MATERIALS MATERIAL SALES OFFER

READY-MIX MATERIAL

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, loss, and expense 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 Customers 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 it has 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.
6. Additional Warranty Disclaimers.
7. 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 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.

1. Concrete Temperatures. Unless otherwise contemplated and set forth in the MSO, Customer is responsible for notifying American Materials of concrete temperatures specific to Customers requirements. Additional fees may apply if temperature control is required.
2. 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.
3. 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 manufacturers 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 mix design and/or per manufacturers recommended dosage rate.
4. 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.
5. Yield. American Materials does not guarantee an yield, an yield, or any other yield calculation except by measurement in accordance with ASTM C138.
6. 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 point of placement.
7. 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.