Please read the terms and conditions below which will govern the relationship between you and CCI Industries a Division of Expocrete Concrete Products Ltd. (“CCI” or “us”) in relation to CCI’s products (the “Products”).

PRICING
All prices are subject to change without notice.
It is your responsibility to insure that you are using the most current price list.  You can contact our sales department for current pricing and availability of Products other than those shown on the price list, i.e., special colors, shapes, sizes, etc.  You are responsible for payment of all taxes.
Orders placed for less than full pallet quantities may be subject to a break pallet charge.

SPECIAL ORDERS

Special orders for non-stock items will be priced on an item by item basis and availability of Products is subject to change.  We may impose a set-up charge in our discretion to account for short production runs and/or time sensitive delivery requirements.  A signed order along with a 50% deposit is required for all special order units prior to special order items being scheduled for production.
If the order is cancelled 5 full business days before Product production date, your deposit will be fully refunded.  The deposit refund will be reduced by 20% for each full day closer to the production date.  For example, if a special order is cancelled the day prior to production, 20% of your deposit will be refunded, and 80% will be retained by us to compensate us for various preproduction costs.
If the special order is produced, you will be billed for the full amount of the order and expected to take delivery of the Products within 30 days of production.  You are solely responsible for the quantity ordered.  You are also required to pay for all units ordered, even if not received, within 30 days after production is completed, and will have an additional 30 days to take receipt of the Products.
Any shortfall of the Products that is the result of an incorrect order by you that requires additional Products to be manufactured by us will be treated as a new special order and will be subject to new pricing and availability.

DELIVERY OF MATERIALS

To ensure prompt delivery, orders for shipments should be received at least 48 hours in advance of desired shipment.  Orders received less than 24 hours prior to the requested delivery time will be considered a rush order and will be subject to transport and docking availability.  Please contact our order desk for delivery pricing and delivery area.  Delivery pricing and area may change without notice.

If you are organizing pick-up of the Products, then you must arrange a docking time with our applicable order desk.  Docking times are established on a first come, first serve basis.
We are not responsible for delays due to late ordering, failure to obtain a docking time, failure to arrive at the specified docking time or for any other reason beyond our control.  Scheduled deliveries that are cancelled or changed within 24 hours of the scheduled delivery time will be subject to cancellation/change fees in effect from time to time.

We are not responsible for property damaged when you request a delivery beyond the property line or the curb line of city streets.  We will not make deliveries to areas with restrictions on heavy trucks, nor to areas which, in the driver’s judgment, will endanger either himself or his equipment.

Allowable unloading time will be restricted to CCI Products.  Additional unloading time due to customer’s requests to stock the job, move Products that were previously delivered, poor jobsite conditions, traffic congestion, or delays due to other trades or general contractor, will be charged at the rate of $75.00 per hour.  Charges are subject to change without notice.
We reserve the right to unload at the specified jobsite, at a mutually agreed upon time, regardless of whether or not you are present. 

Materials damaged after delivery will not be accepted for return by us, nor will any credits be issued therefor.

QUALITY AND CLAIMS

We produce all Products to standard specifications.  Products that are required to be manufactured to alternative specifications will be treated as special orders and will be subject to the conditions set out above for special orders.

Variations in color and shade range are inherent in concrete products due to the variation in the composition of aggregates, cement, oxide, and other variables resulting through the curing process.  No claim will be allowed for any such variations.  Submitted samples are to establish color range, size and texture.  Subsequent shipments may vary from such samples.

It is your responsibility to inspect all Products delivered before installation.  Any questions regarding quality, sizing, color uniformity within a shipment or matching to prior shipments must be brought to the attention of one of our representative prior to installation.  Your receipt of any Products delivered will be an unqualified acceptance of, and a waiver by you, of any and all claims with respect to such Products unless you give us notice of a claim in writing within 15 days after such receipt.  Once the Products have been installed, they are deemed fit for the purpose and become the responsibility of the installer.  We will not recognize any claims made for Products that have been installed.
You will be liable for any shortages of Products delivered, unless you give us notice of such shortages within 24 hours from receipt of delivery.

EFFLORESCENCE

Efflorescence is a fine, white, powdery deposit of water-soluble salts left on the surface of concrete masonry units as water evaporates.  It is a naturally occurring phenomenon as various chemical salts make up a portion of the composition of the cement and aggregates used in the making of concrete masonry units, the mortar that binds the masonry units and the grout that reinforces a concrete masonry wall system.
The removal of efflorescence from Products that have been installed is the responsibility of the installer.  CCI’s website, www.cci-industries.com, has a number of suggested solutions for the removal and cleaning of efflorescence.  In particular, you should:

• Keep units dry during construction; and
• Do not allow water to build-up in the cores of the masonry units.

PALLET CHARGE

You will be charged a deposit on all pallets sold in conjunction with Products.  A credit per pallet will be given when pallets are returned in usable or repairable condition.  You may refer to the price list or speak with one of our customer service representatives to determine the current charge and credit rates.

Pallets with a broken stringer will be considered non-repairable.  You are responsible for managing empty pallets on job sites and transporting empty pallets to us.

TERMS
Standard credit terms are net 30 days from invoice.  A service charge equal to an annual percentage rate of 24% (2% per month) will be added to all past due accounts.  We reserve the right to stop supplying Products to you if your account becomes past due. 

You grant to us a security interest in the Products until payment in full of the purchase price has been made, and agree to do all things and to execute all documents necessary to protect such security interest.  You appoint us as your attorney to execute any documents or other instruments necessary to perfect and enforce our security interest.  In the event of non-payment by you of any part of the purchase price, we retain the right to remove the Product without notice, and payment of any additional charges for removal will be your responsibility.

CREDITS

Standard stock units may be returned to us at your expense provided the Products are returned in good saleable condition. Credit will be based on existing F.O.B. pricing less a 10% restocking charge for full pallets and 30% on partial pallets.  We will not accept the return or issue any credit for special order units.

LIMITED WARRANTY AND LIMITATION ON LIABILITY

Except as provided in this section, we make no warranty, express or implied, with respect to the Products.  All warranty claims must be presented in writing within 6 months after receipt.  We will not be liable under any circumstances for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of any party (including, but not limited to, claims for loss of goodwill, profits, use of money or use of products, stoppage of other work or impairment of other assets), arising out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.  In no case will we be liable for damages resulting in any way from faulty installation or improper use of Products. 

We will only be responsible to you for damages resulting directly from our use of products or materials which do not conform to specifications, and in no event will our liability exceed your cost of defective Products. 

If you have requested a Product be manufactured to specifications other than our standard specifications, then we only warrants that the Product conforms to the specifications as agreed to between you and us. 

Tests have not been carried out under all possible use conditions and we cannot and do not warrant the performance of our Products when our Products are used for purposes other than their intended purpose. 

In the event you establish a breach of the above warranty, your exclusive remedy against us, and our sole liability, is, at our option, the repair or replacement of the defective Products or the refund of the purchase price therefor. EXCEPT AS EXPRESSLY PROVIDED HERE, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY US OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF USE) ARE OVERRIDDEN, EXCLUDED AND DISCLAIMED.