Construction Concrete Mix

Construction Concrete Mix Agreement

Parties and Effective Date

Effective Date:

Recitals

WHEREAS, Supplier is engaged in the manufacture, batching and delivery of ready-mix concrete and related materials and has the capability to produce mixes that conform to specified performance and testing criteria; and

WHEREAS, Client requires the supply of concrete mixes for construction work described herein and desires to purchase such concrete from Supplier under the terms and conditions of this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants set forth below, Supplier and Client agree as follows.

Scope of Work

Mix Specifications

Target 28‑day compressive strength: . Slump range at delivery: .

Water–cement ratio (maximum): . Admixtures (type and dosage):

Delivery and Acceptance

Quality Control and Testing

Supplier shall perform routine batch testing and provide material certificates demonstrating compliance with the Mix Specifications. Frequency of testing shall be: .

Responsibility for independent acceptance testing: Supplier Client (may witness)

If delivered concrete fails to meet agreed acceptance tests, Supplier shall, at Supplier’s option, replace nonconforming concrete at Supplier expense or refund the portion of the purchase price attributable to the nonconforming material; Client’s remedies are exclusive and Supplier’s liability is limited as set forth in this Agreement.

Payment Terms

Invoices are due within calendar days of receipt. Late payments shall accrue interest at on the unpaid balance or the maximum rate permitted by law, whichever is less.

Term and Termination

Term begins on and terminates on unless earlier terminated in accordance with this Agreement.

Either party may terminate for convenience upon days’ prior written notice. Termination for cause may be effected immediately by the non‑breaching party if the breaching party fails to cure a material breach within fifteen (15) days after written notice of such breach.

Confidentiality

Each party shall hold in confidence and not disclose to any third party any confidential information disclosed by the other party in connection with this Agreement, except as required by law or to perform obligations hereunder. Confidential information excludes information that is or becomes public through no breach by the receiving party or is rightfully obtained from a third party without restriction. This obligation survives termination for a period of three (3) years.

Warranties; Limitation of Liability; Indemnity

Supplier warrants that concrete supplied will conform to the Mix Specifications at the time of delivery and will be free from material defects in workmanship. Supplier’s sole obligation for breach of the foregoing warranty shall be, at Supplier’s option, replacement of nonconforming concrete or refund of the portion of the price attributable to nonconforming material. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Except for willful misconduct or gross negligence, neither party shall be liable for consequential, incidental, special, or punitive damages. Each party shall indemnify, defend and hold harmless the other from and against third-party claims arising out of the indemnifying party’s negligence or willful misconduct in connection with performance under this Agreement.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Any dispute arising under this Agreement shall be resolved in the state or federal courts located in that State, which courts shall have exclusive jurisdiction.

Entire Agreement and Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

Neither party may assign this Agreement without the prior written consent of the other party, except that Supplier may assign to an affiliate or to a purchaser of substantially all of Supplier’s assets.

Sign Now