Construction Concrete Material

CONSTRUCTION CONCRETE MATERIAL AGREEMENT

This Construction Concrete Material Agreement (the Agreement) is made between the parties identified below on the Effective Date.

Parties and Project

Effective Date:    Purchase Order / Contract No.:

WHEREAS

WHEREAS, Supplier is engaged in the business of supplying ready-mix and precast concrete materials and related services and holds the necessary licenses and facilities to provide concrete that conforms to commercially accepted standards; and

WHEREAS, Purchaser requires delivery of concrete materials for the Project located at the Job Location described above and desires to purchase such materials from Supplier in accordance with the terms and conditions set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Work

Supplier shall supply, deliver, and, where indicated, provide placement advisory services for concrete materials described in the Material Schedule below in accordance with the specifications and delivery schedule agreed by the parties. Supplier shall ensure materials meet the specified mix designs and applicable quality standards at the time of delivery.

Material Schedule and Pricing

The parties agree the Material Schedule below identifies the primary line items for this Agreement. Quantities are estimates; final invoiced quantities shall reflect actual delivered quantities accepted at the Project site.

Payment Terms

Purchaser shall pay Supplier the contract price in accordance with the following schedule: Deposit upon execution, progress payments as deliveries occur, and final payment upon acceptance of delivered materials. All invoices shall be paid in United States Dollars unless otherwise agreed in writing.

Late payments shall bear interest at the rate of on overdue balances, and Purchaser shall reimburse Supplier for reasonable collection costs, including attorneys' fees.

Delivery, Testing and Acceptance

Supplier shall deliver materials to the Project site in accordance with the delivery schedule and shall accompany deliveries with certificates of compliance and batch tickets. Purchaser or Purchaser's representative shall have the right to inspect materials at delivery and to require reasonable testing where applicable.

If delivered materials fail to conform to the specifications, Supplier shall, at Supplier's option, replace the nonconforming materials or issue a credit. Claims for nonconforming material must be made within seven (7) days of delivery unless latent defects are discovered, in which case Purchaser shall notify Supplier promptly after discovery.

Warranties and Compliance

Supplier warrants that all supplied concrete materials shall conform to the agreed mix designs and applicable industry standards at the time of delivery and shall be free from defects in material and workmanship. This warranty is limited to replacement or credit for nonconforming materials and does not cover damages resulting from improper handling or placement by others.

Term and Termination

This Agreement shall commence on the Effective Date and continue until completion of deliveries or until terminated in accordance with this Section. Either party may terminate for material breach if the breaching party fails to cure within the notice period specified below.

Start Date:    End Date (if applicable):

Confidentiality

Each party shall keep confidential all proprietary information disclosed by the other party in connection with this Agreement, including mix designs, pricing, and technical documents, and shall not disclose such information except to its employees, agents or subcontractors who have a need to know and are bound by confidentiality obligations no less protective than those set forth herein. This obligation shall survive termination of the Agreement for a period of three (3) years.

Indemnity and Limitation of Liability

Supplier shall indemnify and hold Purchaser harmless from third-party claims arising from Supplier's negligence in manufacturing or testing of the concrete materials. Except for gross negligence or willful misconduct, neither party shall be liable for consequential, punitive or incidental damages. The aggregate liability of Supplier shall not exceed the total amount paid by Purchaser to Supplier under this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Venue for any dispute arising under this Agreement shall be the state or federal courts located in that state.

Entire Agreement

This Agreement, including any incorporated schedules, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals, and agreements, whether written or oral. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other addresses as either party may designate by written notice.

Additional Provisions

Subcontracting: Supplier may subcontract delivery or testing services provided Supplier remains responsible for performance. Assignment: Neither party may assign this Agreement without the prior written consent of the other party, except to a successor in interest to all or substantially all of its assets.

Sign Now