Terms and Conditions for the Sale and Delivery of Concrete
Effective 09/19/2024
1. Definitions
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"Seller" refers to Longleaf Packaging LLC (LLP), the company providing the product.
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"Buyer" refers to the company or individual purchasing the product.
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"Product" refers to the specific product purchased from LLP.
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"Delivery Site" refers to the location where the product will be delivered.
2. Order and Acceptance
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The Buyer shall place an order specifying the type, quantity, and requested delivery date of the product.
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Seller may refuse to make shipments that would cause the Buyer's account to exceed the established credit limit. However, if shipments are made that cause the Buyer’s credit limit to be exceeded, Buyer agrees to pay for said shipments as if the credit limit was increased accordingly.
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The Seller reserves the right to modify its credit policies at its discretion.
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By accepting an open line of credit, the Buyer agrees to abide by the Seller's credit terms and policies.
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The Seller may terminate credit at any time at its sole discretion.
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All terms and conditions in the Material Quote, Credit Application, and this document are incorporated and binding.
3. Price and Payment
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The price of the product shall be as agreed upon.
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Payment terms are Net 30 days from the date of invoice unless otherwise specified.
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Any additional charges, such as delivery fees or taxes, shall be agreed upon.
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A service charge of 1.5% per month (18% annually) may be applied to past-due accounts.
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A $100.00 handling fee will be assessed for returned checks marked NSF or "Account Closed."
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The Buyer represents that the financial information provided is accurate and was submitted to obtain credit from the Seller.
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In the event of non-payment and subsequent collection or legal action, the Buyer agrees to pay all collection and legal costs, including reasonable attorneys’ fees.
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The Seller reserves the right to charge for wait times exceeding 30 minutes at the Delivery Site.
4. Delivery
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The Buyer shall ensure the Delivery Site is accessible and prepared for product delivery.
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Any delays or changes to the delivery schedule shall be communicated promptly by both parties.
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The Buyer or their agent is responsible for providing safe access for the Seller's trucks from the road to the point of delivery on private property.
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If delivery is requested beyond the curb line, the Buyer assumes all liability for any damage to sidewalks, driveways, or other property and agrees to indemnify the Seller against any related claims, losses, or expenses.
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Buyer is responsible for any damage caused by Seller when Buyer is assisting Seller to a location on the jobsite for delivery
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No cancellations are accepted after the product has been loaded onto the truck.
5. Acceptance and Inspection
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Upon delivery, the Buyer shall have the opportunity to inspect the product for quality and quantity.
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Any discrepancies or defects shall be reported to the Seller immediately.
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Acceptance of the product shall be deemed upon completion of the inspection or after a reasonable time has passed.
6. Product Quality & Liability
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When the compressive strength of the product is guaranteed by the Seller, the mix proportions will be determined by the Seller to meet the applicable requirements when tested according to current ASTM specifications.
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The Seller is not responsible for the slump, strength, or quality of any product altered by the addition of water or other materials by the Buyer.
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The Seller has no control over the placement or handling of product after unloading and does not guarantee the finished work. The Seller's liability shall not exceed the purchase price of the materials in question.
7. Liability and Warranty
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The Seller warrants that the product shall conform to applicable ASTM standards.
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The Seller's liability is limited to replacing defective product or refunding the purchase price.
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The Seller shall not be liable for any consequential damages or losses arising from the use of the product.
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The Buyer shall notify the Seller in advance of any changes in business structure or ownership via certified or registered mail with return receipt requested. These terms extend to any new entity or persons.
8. Termination
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Either party may terminate the agreement in writing with 30-day notice.
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In the event of termination, the Buyer shall be responsible for any product already delivered or in production.
9. Force Majeure
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Neither party shall be liable for any delay or failure to perform its obligations due to events beyond its reasonable control, such as natural disasters, strikes, or government actions.
10. Governing Law
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The agreement shall be governed by the laws of North Carolina.
11. Dispute Resolution
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Any dispute shall be resolved through litigation in Mecklenburg County, North Carolina, or in a court of competent jurisdiction in the County and State where the product was delivered.