Terms & Conditons

Application

These Terms and Conditions apply to every sale of any equipment or materials (“Products”), by Tomlinson Ready Mix, its subsidiaries or affiliates (collectively, “TRM”) to the customer (the “Customer”).

Orders

All orders must be placed at a minimum of one full business day in advance.

Pricing

TRM reserves the right to increase pricing with a 30 days’ written notice or according to contract terms. Increases in any applicable taxes will be implemented immediately.

Invoicing and Payment

The Customer shall pay to TRM the price of the Products within thirty (30) days from the date of invoice from TRM. TRM’s prices do not include applicable taxes. Taxes will be added to the price quoted and appear as a separate line item on the Customer’s Invoice. Late charges on balances over sixty (60) days from date of invoice will be charged at a rate of 1.5% compounded monthly for an effective rate of 19.56% per annum until paid. TRM reserves the right to cease providing Services if accounts are sixty (60) days past due.

Site Access

The Client shall furnish suitable access, including roads and entryways to the point of unloading in order to facilitate the efficient maneuvering of TRM vehicles. The Customer shall prepare a location for the delivery of the Products. The Customer shall be responsible for any damages, fines, fees, or other costs incurred by TRM in accessing the site, including situations where public or private roadways are dirtied by the trucks as a result of the conditions of the access roads and entryways. TRM shall assume no responsibility for any damages associated with any deliveries.

Delivery

TRM will make every effort to deliver during regular business hours on the day of delivery, but shall not be responsible for any delays caused by inclement weather, traffic conditions, strikes, lockouts, shortages of material, mechanical breakdown or any other reason beyond its control. This receipt of the Products by the Customer, their representatives, employees or agents shall constitute full acceptance by the Customer for the Products. The time to unloading should not exceed one (1) hour. Each additional quarter (0.25) of an hour shall be charged to the Customer at the applicable delivery rates in effect at that time.

All prices are for delivery during TRM’s normal business hours Monday to Friday between 6 a.m. and 5 p.m.. Additional charges will apply for any load in restricted areas and or seasons and for any deliveries during evenings, nights, weekends or statutory holidays.

Indemnity

The Customer shall defend, indemnify and hold harmless TRM from and against any and all claims, losses, damages, liabilities, costs, fines, penalties and expenses including, without limitation, reasonable legal fees, for injury or death to persons, or loss or damage to property arising out of or relating to the operation, handling, transportation or use of the Products by or while in the possession of the Customer, its employees, agents, contractors, or carriers. The herein indemnity also includes any claims made against TRM associated with any charges or fines levied pursuant to the Ontario Occupational Health & Safety Act and its regulations or any equally applicable legislation regarding occupational health and workplace safety.

Liability

The liability of TRM is limited to its express obligation to deliver Products in good condition. The Customer agrees that in no event shall TRM’s total liability arising out of or connected in any way with the provisions of the Products shall exceed ten percent (10%) of the value of the Products in question provided by TRM under the applicable open purchase order or agreement.

Cancellations

Cancellations or changes made less than one clear business day prior to the scheduled service date could be subject to a cancellation fee. No cancellation of an order will be accepted after the Product has been loaded at TRM’s facilities.

No Standby Orders

TRM will not accept, and the Customer may not make, standby orders where the Customer orders material but does not provide a time and location for delivery. TRM will not book or load trucks for delivery should the Customer fail to provide a time and location for delivery.

Washout Areas

The Customer must provide and maintain a truck washout area on site. The Customer shall be responsible for all costs associated with and any injury or damages arising out of the wash-out area.

Delivery Lead-Time

Tomlinson Ready Mix will not be subject to back charges by the contractor/client related to any delay in deliveries.

Minimum Load Sizes

Minimum load sizes are to be one (1) cubic meter except in the case of MTO administered projects, which shall be three (3) cubic meters, or both coloured concrete and self consolidated concrete (SCC), which shall be two (2) cubic meters .

Ready-Mix Specifications

The components, methods of dosage and the making of concrete, and mixing and transportation requirements must conform to ACNOR , CAN 3-A23, 1-M last edition:

(a) Concrete must be cured according to CSA A23.1 curing requirements outlined in Table 2.19 and section 7.7.
(b) A steel trowel finish shall not be applied to air-entrained concrete according to CSA A23.1 – 7.6.4.3.2.
(c) Cold weather and Hot Weather concreting procedures must be adhered to as per CSA A23.1.
(d) TRM does not guarantee the concrete strength nor does it confirms or opines on the application and use of the concrete as ordered to the particular application in which it is used.
(e) Any specialty testing required such as air void – linear shrinkage – coulomb rating, etc. is the responsibility of the customer.

TRM guarantees that the Products delivered meets the specification at delivery. However, TRM will not assume any liability for the products supplied if Customer does not place all materials provided by it pursuant to all applicable CSA, ASTM standards, all applicable contract specifications and requirements and further, to the current Concrete Ontario (Ready Mixed Concrete Association of Ontario) Best Practices Guides.

Concrete Cylinder Test Report

All concrete test reports must be immediately delivered to TRM.

Concrete specifications

Concrete prices are all based on standard strength CSA mixes unless otherwise noted. Concrete specifications and special provisions must be provided to TRM when placing an order for any specialty mixes and testing required such as air void – linear shrinkage.

The Customer is responsible for placing, consolidating, finishing, protection and curing of the Concrete. Calculating concrete volumes is the sole responsibility of the customer. TRM is not responsible for overages or shortages. In accordance with our “Additional Charges” list, underload charges will apply as a result of any shortages.

The Customer is solely responsible for the interpretation of the plans and specifications. TRM shall not be responsible for any failure of the Customer to properly adhere to the plans and specifications provided. Any technical information or assistance provided by TRM or its agents, or oral statements made by TRM or its agents about the Ready-Mix is given and accepted at the Customer’s risk and is not a warranty or a specification.

The following charges will be applied to your order: Fuel surcharge, environmental compliance fee, underload charges, winter handling, standby waiting time, night delivery, plant opening fee, color washout fee for colored concrete.

Specialty products and options will be priced on top of the base pricing. Specialty Products include: superplasticizer, air entrainment, special aggregates, colored concrete, retarder, cooling of concrete, calcium chloride, nonchloride accelerators, high early strength mixes, fast track concrete, fibers, integral waterproofing, integral hardeners, corrosion inhibitors, etc.

Limitation of Warranty

Customer expressly acknowledges that TRM’s mix designs are proprietary to TRM. TRM expressly warrants the title to the Concrete and, except as set out in Ready-Mix Specifications above, TRM makes no representation or

warranty whatsoever with respect to the Concrete, express or implied, whether written, oral, statutory or arising by previous course of dealing or usage of trade, including merchantability and fitness for a particular purpose, and TRM hereby

disclaims all such other representations and warranties to the maximum extent permitted by applicable law.

CAUTION: Freshly mixed cement, mortar concrete or grout may cause skin injury. Avoid contact with skin where possible and wash exposed skin areas promptly with water. If any cement mixtures get into eyes, rinse immediately

and repeatedly with water and get prompt medical attention. KEEP OUT OF REACH OF CHILDREN.