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Terms of Payment:

Terms of sales are cash or C.O.D. unless an account had been established. To establish an account a credit application must be obtained from Charlotte's Concrete, Inc., completed and returned to our credit manager for approval. To customers having established credit, our terms are net 30 days from date of invoice, unless otherwise specified. Accounts over 45 days will be placed on C.O.D. basis until said accounts are paid in full, unless arrangements have been made prior to that date with the expressed approval of the management of Charlotte's Concrete, Inc.

Quotations:

Quotations are firm for a period of 30 days unless otherwise specifically stated
in writing.

Deliveries:

Deliveries will be made to customer destination only when it is accessible to trucking equipment by unassisted travel and the unloading of vehicles should be permitted to proceed immediately upon arrival. Any additional cost incurred by failure to meet said condition are for the account of the buyer.

Warranty:

All Charlotte's Concrete, Inc. products are warranted for a period of 1 year after delivery from Charlotte's Concrete, Inc. to be free from (a) defects in materials
(b) defects in manufacturing or workmanship arising out of the demonstrated failure of Charlotte's Concrete, Inc. to comply with technical specifications or prevailing industry standard but not out of any cause (including without limitation ground or environmental conditions, installation techniques or loads exceeding design criteria.) Charlotte's Concrete, Inc.'s obligation under this warranty is limited to the repair or replacement, at the option of Charlotte's Concrete, Inc., within the warranty period to contain any such defects. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

If any party requests Charlotte's Concrete, Inc. to inspect, repair and/or replace any product at any time following its shipment from Charlotte's Concrete, Inc., such action will be taken only on condition that the requesting party reimburse Charlotte's Concrete, Inc. for all of its cost and expenses relating thereto if the claimed defect is not covered by this warranty.

Returned Goods and Special Design Products:

Permission to return materials for credit must be obtained from the Charlotte's Concrete, Inc. Sales Department. Credit will be allowed on standard stock items only providing material had not been damaged. All returns are subject to a restocking charge of 20%, plus transportation charges incurred.

Special orders approved by contractors including products with knockout locations, doors, cast iron frame and grates, etc., or any component ordered for special design products that cannot be canceled, will be invoiced.

Lifting Equipment:

Lifting equipment will be supplied for unloading purposes only. It is the customers responsibility to have adequate handling equipment for material after delivery.

General:

The provisions hereof fully superside all prior quotations or communications between the parties, and no waiver, alternation or modification of any of the provisions hereof shall be binding unless in writing and signed by an authorized signatory of Charlotte's Concrete, Inc. in the event of any controversy, claim or dispute between the partied arising out of or relating to the sale of products covered hereby, the prevailing party shall be entitled to recover from the non-prevailing party reasonable expenses and attorney's fees. Charlotte's Concrete, Inc. will not be bound by any printed matter on buyer's acceptance forms or orders which impose terms or conditions at variance with those provided herein, and buyer's acceptance of this document or any of the products to be delivered hereunder shall be deemed an acceptance of the terms and conditions hereof.