Welcome to the Estate Concrete, LLC website (“Site”).  The following Terms of Use and Purchase (“Terms of Use”) are a legal agreement (“Agreement”) between you and Estate Concrete, LLC, its affiliates, employees, members, agents, and partners (the “Company”).  Please read these Terms of Use carefully before using our Site as they apply to all of your purchases of Products, Services and use of the Site. By accessing, browsing and/or otherwise using this Site and purchasing Products and Services through the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, including but not limited to conducting a transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of  law, and you agree to comply with all applicable laws and regulations.  If you do not agree to all of the terms and conditions contained herein, you may not access, browse and/or use this Site or purchase any Products or Services through this Site. Any new or different terms supplied by you are specifically rejected by the Company, unless the Company has agreed to them in a signed written document specifically including those new or different terms.  The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

 

          This Agreement applies to your access to and use of this Site, your purchase of Products and Services from the Site and does not alter in any way the terms and conditions of any other written agreement that you may have with Company, unless otherwise directed by Company. 

 

TERMS OF SALE

            The Company provides you with the ability to purchase concrete and concrete services (“Product(s) and Services”). All Products and Services purchased from the Company, paid for via our Site, and any other transactions for the sale of goods, or services, whether via the Site on a computer browser, through a mobile application or through a social networking site are governed by this Agreement. This Site is only intended for use of individuals residing within the United States of America, and the Company does not knowingly receive orders and will not process orders from parties located outside the United States of America.  The Company makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States you do so on your own initiative, bear all risk with respect to your access, and are responsible for compliance with all applicable local laws.

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CHARGES/PAYMENT

Pricing

            All prices and qualities quoted for Products are based upon the wet volume of Products at the time of discharge from the truck and are based upon “form measurement” of measured “in place”.  Total Yield will be determined in strict accordance with applicable ASTM standards.  You will be charged additional amounts for all inspection or tests performed on your behalf.

 

Payment

            Upon ordering Products or Services from the Company, you shall receive an invoice which you can chose to pay via our Site.  You are responsible for the payment of all applicable federal, state and local taxes which may be due.  Unless otherwise agreed by the parties, all payments due for Products and Services shall be made prior to delivery thereof.  If Company agrees to provide credit, then payment must be made for all Products and Services hereunder within thirty (30) days of the date of invoice.   Interest will accrue, immediately, in the amount of two percent (2%) per month or the maximum rate allowed per law, on any amount not paid in accordance with this Agreement.  You agree to pay any reasonable costs, including, but not limited to, reasonable attorney’s fees of thirty-three percent (33%) of any amount due and owing, expert witness fees and court costs incurred by the Company to collect any amount unpaid under this Agreement.  All returned checks shall be subject to an additional charge of Thirty-five Dollars ($35).

You shall be responsible for full payment of, including all costs of disposal and a return charge per truck for: (i) any orders for Products and Services not cancelled at least two (2) hours prior to the estimated delivery time; (ii) Products delivered or Services performed due to your mistake or in excess of requirements; and (iii) Products not deliverable due to the Company’s sole and absolute determination that the approach area for delivery of the Products is unsuitable.

 

CREDIT CARD PROCESSING

            Payments for all Products and Services which are made via our Site shall be processed using the payment information which you submit on the Site. If you make a credit card or ACH payment you should review the terms available on that processor’s website governing the transaction. By using the Site to make payment you authorize the Company and any payment processor to charge your card for all purchases you make through the Site. Credit and debit card payments are processed, and your credit or debit card is charged when your order is processed by the Company. The Company may, in its sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment.

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DELIVERY​

Hours

            Regular delivery hours for all Products and Services are 7:00AM - 5:00PM, Monday through Friday. An additional charge may be added for deliveries made outside of the regular delivery hours and for any waiting or unloading periods in excess of 60 minutes. Prices quoted are based on full loads and an additional charge will apply to any smaller loads.

 

Schedule

            All delivery schedules shall be mutually agreed upon between you and the Company. You must provide Company with at least 48 hours prior notice of the time and number of requested deliveries.  Company reserves the right to reject or cancel any order at any time prior to the delivery thereof.  Company shall use its best efforts to provide delivery at the scheduled delivery date and time, but Company is not liable for, and you agree to waive any claims associated with any delays in delivery.

 

 Suitable Delivery Location      

            You are responsible for ensuring that there are appropriate delivery points and approach areas for the Company to perform hereunder and you are responsible for ensuring any such locations and delivery points are in accordance with applicable laws.  All Services and the delivery of Products will require the use and movement of heavy equipment and vehicles on, or adjacent to, your property.   You warrant that any access to and locations provided for the delivery of the Products is sufficient to bear the weight of all and vehicles required to perform the Service and deliver the Products.  Company is not responsible for any damage to any property while providing Services and Products. This includes any property and/or surface damage that may be caused by the placement of concrete Products, including damages to other pavement, curbs, sidewalks, roads, lawn, trees, shrubbery, landscaping, or flowers resulting from the delivery of the Products.

 

             If your delivery will be made beyond curb lines, you assume all liability for damage to vehicles, sidewalks, driveways, pipes, electric, wells, septic tanks, landscaping and/or other property, and you shall indemnify and hold Company harmless from and against any and all liability, loss and expense incurred as a result of such delivery, including but not limited to towing charges, except to the extent caused by the gross negligence or willful misconduct of the Company.​

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WARRANTY/DISCLAIMER​

Limited Warranty​

            You are solely responsible for determining the type and quantity of Products and Services to be purchased. Concrete will be batched and delivered in accordance with ASTM C-94.  Company warrants that its concrete products will meet or exceed applicable American Society for Testing Materials ("ASTM") and American Concrete Institute ("ACI") standards, when tested in accordance with ASTM and evaluated by ACI standards.  For a period of one year from delivery, Company will repair or replace any concrete Products supplied by Company that fail to meet this limited warranty, subject to the Limitations of Liability set forth below.

            Company shall not be liable for slump, strength or quality of any concrete Products to which water or other material has been added by or on behalf of you.  You are responsible to see that the concrete Products are handled in accordance with best construction practices. Company has no control over the placing or handling of concrete Products after unloading and does not guarantee the finished work in which it is used. You are responsible to prevent unloaded concrete Products from coming into contact with any material, such as aluminum, which may adversely impact concrete Product strength.  You shall furnish any admixtures or ingredients you desire that are not regularly supplied by the Company in the marketplace. You will be solely responsible for the effect of such admixture or ingredients on the concrete Product. Any extra Product which may be required in excess of the mix design quoted, or which may be required to provide workability, strength, setting time or water/cement ratio, will result in an additional ingredient charge payable by you.

            Concrete temperature will be dictated by the environmental and material conditions at the time of delivery.  Any requirement beyond these conditions will require the implementation of controlled measures during production at your expense.  You are responsible for the requirements of ACI 305R and 306R, except as they pertain to production of the Product.

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            The concrete Product delivered may experience cracking and shrinking, which is normal and not covered by this limited warranty and Products shall not be replaced or repaired by the Company due to such cracking or shrinking. The American Concrete Institute addresses the issue of cracking and shrinking in ACI 302.1-04. "Even with the best floor designs and proper construction, it is unrealistic to expect crack-free and curl-free floors. Consequently, every owner should be advised by both the designer and contractor that it is normal to expect some amount of cracking and curling on every project, and that such occurrence does not necessarily reflect adversely on either the adequacy of the floor's design or the quality of its construction (Ytterberg1987; Campbell et al. 1976)".

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Notice of Claim​

            You must give Company written notice within 48 hours after delivery of any warranty claim against Company as a result of any alleged nonconforming Products or Services or any other cause whatsoever (other than failure to meet compressive strength, in which event the time for notice will be within 48 hours after the specified test age of the test cylinder in accordance ASTM standards), time being of the essence. The Company will be given reasonable opportunity to investigate all claims. Any failure by you to give written notice within such 48 hour period will be deemed a conclusive waiver by you of all such claims against the Company.  Unless otherwise stated, your right in the event of a breach of the express limited warranty shall be limited to the reinstallation of materials or at the sole option of the Company, reimbursement of any fees paid to the Company by for the defective Products and Services.

 

Disclaimer​

YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. DEPENDING ON YOUR STATE YOU MAY HAVE OTHER RIGHTS.

           

            Except for the Limited Warranty, set forth above, the Site and the Products and Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied.  Company disclaims to the fullest extent permitted by law, all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and implied warranties of merchantability and fitness for a particular purpose.  Except as set forth in the Limited Warranty, Company does not warrant that any Products will be in stock, safe, defect-free or conform with any oral specifications, representations or promises.  Company makes no representations, warranties or guarantees that the Site or Products or Services will meet your requirements or achieve any particular results. Your use of this Site and purchase of Products and Services shall be solely at your own risk.

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LIMITATION OF LIABILITY​

            In no event will Company or its suppliers be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, death, dismemberment, injury, damages resulting from lost profits, lost data or business interruption arising out of or relating to the use, inability to use, or resulting from the use of this Site or any Products or Services purchased, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or purchase of Products must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred.  Company’s maximum liability hereunder for any claims shall be the amount paid to Company by you for the immediately preceding one year period.

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INDEMNIFICATION

            You hereby agree to indemnify, defend, and hold the Company, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your use of the Site, your account(s) and/or your use of any Products or Services provided hereunder. You shall cooperate with us in the defense of any claim.

 

REVISIONS TO THIS AGREEMENT

            Company may revise this Agreement at any time in its sole discretion, without notice, by updating this link.  All changes are effective immediately when the Company updates the link and apply to access and use of the Site thereafter.  By using this Site and purchasing Products and Services you agree to be bound by any such revisions and should therefore periodically visit this Site and the link to the Terms of Use and Purchase to determine the then current terms and conditions of use to which you are bound.

 

 

DIGITAL MILLENNIUM COPYRIGHT ACT

            Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

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• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the Site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

            Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows: support@estateconcrete.com.  If you fail to comply with all of the requirements of notice, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

 

APPLICABLE LAWS & MISCELLANEOUS

            If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.  The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.  This Agreement may be assigned in whole or in part by Company.  This Agreement may not be assigned in any manner by you without the express, prior written permission of Company.  This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland notwithstanding any conflict of laws provisions.  You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the federal courts of Maryland and the state courts located in Baltimore County, Maryland (the “Maryland Courts”) for any litigation or dispute arising out of or relating to this Agreement, the Products, or your relationship with the Company, (ii) agree not to commence any litigation arising out of or relating to this Agreement, the Products, or your relationship with the Company except in the  Maryland Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Maryland Courts represent the exclusive jurisdiction for all disputes relating to this Agreement, the Products or other services, or your relationship with the Company. You agree that the Uniform Computer Information Transactions Act, Annotated Code of Maryland, Commercial Law § 22-101 et seq. (“UCITA”), shall not apply to this Agreement to the extent allowable by law. The Parties agree that the Company shall be entitled to the use of self-help, including electronic self-help as those terms are defined in UCITA. 

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