By submitting this form to All American Mobile Concrete, Inc. I/We understand this credit application information is for the purpose of establishing credit for the purchase of concrete when authorized by the cardholder. An invoice at the time of delivery for this purchase will require a signature, which will authorize All American Mobile Concrete, Inc. to charge the amount of product to the credit card on file.

If no credit card is on file, a check at the delivery site will be required, and accepted only if a credit application has been completed with the required information and accepted by All American Mobile Concrete, Inc.

GENERAL CONDITIONS

1. LIMITED WARRANTY: All goods sold by All American Mobile Concrete (hereafter referred to as "AAMC") are warranted for one year to be free from defects in materials. The foregoing warranty is in lieu of and excluding all other written or oral warranties or contractual agreements not expressly set forth herein, whether express or implied by operation of law or otherwise, including but not limited to, any implied warranties of merchantability of fitness for a particular purpose. Purchaser/Owner/Agent (hereafter referred to as "Purchaser") agrees that its exclusive remedy against AAMC in the event Purchaser contents goods or materials supplied by AAMC are defective shall be limited to an action for breach of the foregoing one year warranty and also agrees that AAMC maximum liability for any breach of the foregoing warranty shall not exceed the purchase price of the materials supplied by AAMC. Purchaser also agrees that in no event shall AAMC be liable for any other damages, including but not limited to loss of profits, indirect, incidental, consequential, special, delay or other similar damages that may arise out of any breach of this agreement or any obligations under this agreement.
2. DELIVERY AND INDEMNIFICATION: AAMC's responsibility for delivery ceases at the curbside or street frontage of the address for delivery. If the Purchaser requires AAMC to cross the curb line or enter upon private property to make delivery on site, the Purchaser shall be responsible to provide safe and adequate access and such delivery shall be at the risk of the Purchaser and, in consideration of AAMC providing on-site delivery, the Purchaser agrees to indemnify AAMC for all liability in respect of any damage to public or private property and every injury or wrong whatsoever.
3. DELIVERY SITE CONDITIONS: AAMC reserves the right to determine whether the site for delivery requested by the Purchaser is suitable for such delivery and AAMC may refuse to deliver to a site if AAMC is of the opinion that delivery would be unsuitable or unsafe. The Purchaser shall be responsible for all costs and damages incurred where adequate access for delivery cannot be obtained.
4. WAITING TIME: An unloading time of 10 minutes per cubic yard and maximum of 60 minutes per 10 yard load . Any delivery that exceeds the alotted time will be charged $25.00 per quarter hour.
5. UNATTENDED DELIVERY SITE: AAMC will not deliver product to an unattended delivery site. All deliveries require an invoice ticket signature from an authorized representative of the Purchaser.
6. DELAYS: AAMC shall not be liable for any delay in delivery or non-delivery resulting from any cause beyond its control including but not limited to plant and delivery equipment breakdowns, industrial stoppages or shortage of raw materials. If AAMC is unable to complete delivery of any part of an order, the Purchaser shall accept such part of the order as AAMC is able to deliver and the Purchaser shall pay for the part delivered pro rata at the same rates as the whole of the order agreed to be sold and on the same terms of payment.
7. QUANTITIES: The type and quantity of products delivered and detailed on the delivery ticket must be checked by the Purchaser at the time of delivery for compliance with the Purchaser's order. Variations between actual quantities delivered and those shown on the delivery invoice must be noted on all copies of the delivery invoice signed by the Purchaser. Purchaser will be charged based on the quantities of products shown to be supplied as per the delivery invoice. Any claim for alleged short delivery of products must be made in writing within seven (7) days of delivery; otherwise it will be accepted by Purchases and in the absence of any claim the Purchaser shall be liable to pay for the full quantity of products listed on the AAMC delivery invoice.
8. ORDERS: AAMC reserves the right to charge for any products ordered for which the Purchaser is unable to accept delivery, unless a cancellation or an amended order is received by AAMC prior to the actual loading of the products for delivery
9. TECHNICAL ASSISTANCE: AAMC accepts no responsibility for claims arising from technical advise or assistance provided to the Purchaser. Advise and assistance provided to the Purchaser. Advise and assistance provided by AAMC is for Purchaser's guidance only & Purchaser agrees to rely solely on its own architects, engineers or other technical experts.
10. MODIFICATION OF TERMS: NO employee or agent of AAMC has the authority, in the absence of an express writing to make any statement, including restricting or modifying or otherwise concerning the existence or effect of any of these terms and conditions or of any warranty or guarantee and no such employee of agent making any such statement shall be acting on behalf of or with the consent or agreement of AAMC.
11. OFFSET AGREEMENT: I/We agree and or authorize any funds due to our company as a vendor, supplier, labor or contractor to be paid to AAMC in case of bankruptcy, default or non-payment.
12. NOTICE: Any notice required to be sent to AAMC shall be in writing and sent Certified Mail to: AAMC 4824B Ashton Rd Sarasota, Fl 34233.
13. SEVERABILITY: If any terms, provisions, covenants, or conditions of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force & effect & shall in no way be affected, impaired or invalidated. The parties hereto agree that venue for any action brought for the breach of or the enforcement of this contract will lie in the county where AAMC chooses or where materials were purchased.
14. APPLICABILITY: This agreement is made between Purchaser and AAMC. All the terms and conditions herein apply to all purchases by Purchaser from AAMC, and will remain on file with AAMC for all future orders. Purchaser agrees by his signature, that all employees authorized to accept delivery from AAMC have been advised of these General Conditions of Sale, and are bound by these conditions.