Prop 65 Warning
Terms and Conditions of Sale
Proposition 65 Warnings
- CEMENTITIOUS BAGGED GOODS:
WARNING: This product can expose you to chemicals including Chromium (hexavalent compounds), which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
- NON-CEMENTITIOUS PMP or ANGELUS BRANDED SAND PRODUCTS, and ALPHA ASPHALT PATCH PRODUCTS:
WARNING: Cancer and Reproductive Harm. For more information go to www.P65Warnings.ca.gov.
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E-Z Mix Inc.
Terms and Conditions of Sale
- QUOTATIONS: This price list and all quotations given, either verbally or in written form, except those dealing with special orders, are subject to change without notice. All quotations dealing with special orders requiring the signing of a Purchase Order by the Buyer are valid for 30 days only from the date they are given. All prices given on any Purchase Order signed by the Buyer and accepted by E-Z MIX INC. are valid for 90 days. These terms will prevail unless specifically extended in writing by E-Z MIX INC.
- PAYMENT TERMS: Purchase of all products, other than for cash, is subject to credit approval. Arrangements for open account terms, as to any order, must be made prior to the acceptance and/or shipment of such order by E-Z MIX INC. All purchases are due and payable on the 10th of the month following purchase. These terms shall prevail in all cases unless otherwise expressly agreed to in writing by E-Z MIX INC.
Failure to pay within the time specified herein, or if another time is specified, then after such time, shall allow E-Z MIX INC. to charge Buyer interest at the Annual Percentage Rate of 18% on unpaid accounts and/or Purchase Orders from the due date thereof, together with all costs of collection, including reasonable attorney's fees, whether or not suit is instituted. The foregoing rights are without prejudice to any other lawful remedy of E-Z MIX INC.
- DELIVERIES: Deliveries are available 5 days per week, Monday through Friday. Delivery Charges are quoted per truckload shipment. On deliveries to more than one site (within 5 miles) there will be a split delivery charge. During periods of inclement weather, all deliveries are "HELD" pending further instructions from the Buyer. UNDER NO CIRCUMSTANCES WILL MATERIALS BE PLACED OR STOCKED ON SCAFFOLDS. Deliveries are based upon a forklift being available for unloading at the site. One hour of unloading time will be allowed for each load. Additional time will be charged PER HOUR. Please contact our office for current fees.
- PALLETS: A pallet deposit will be charged. A portion of the deposit will be credited or refunded upon the return of the pallets to E-Z Mix within thirty (30) days from the date of the deposit charge, PROVIDED PALLETS ARE IN UNDAMAGED AND USABLE CONDITION. E-Z Mix will accept the return of E-Z Mix PALLETS ONLY. In addition to the immediately preceding sentence, a rental charge will be charged for the use of each E-Z MIX pallet leaving the premises of E-Z MIX INC. Pallet covers are available for purchase. Please contact our office for current fees.
- BULK BAGS: A security deposit will be charged for each Bulk Bag leaving the premises of E-Z MIX INC. Said security deposit will be credited or refunded upon the return of the Bulk Bag to E-Z MIX INC. within (30) days from the date of initial payment of said security deposit, PROVIDED BULK BAGS ARE IN AN UNDAMAGED AND USABLE CONDITION. In addition to the immediately preceding sentence, a rental charge will be charged for the use of each Bulk Bag leaving the premises of E-Z MIX INC. Please contact our office for current fees.
- BULK BAG SILOS: A silo deposit will be charged on each bulk bag silo, and shall be refunded in full upon return of the silo in an UNDAMAGED condition. BULK BAG SILOS FURNISHED BY E-Z MIX, INC. SHALL BE SUBJECT TO THE FOLLOWING USAGE TERMS AND CONDITIONS:
- Silos shall be provided without rental charge on jobs of two (02) truckloads (32 Pallets) or more. Silos furnished for jobs of less than two (02) truckloads shall be subject to a rental fee.
- Silos that remain utilized on a job in excess of two weeks per load of material (16 Pallets) shall be subject to a rental fee per month (or portion thereof).
- Customers shall keep E-Z MIX INC. notified AT ALL TIMES of the EXACT LOCATION of E-Z MIX, INC. bulk bag silos being utilized on jobs they are servicing.
- Customers shall be subject to cleaning and repair charges for silos returned that require such work.
- Customers shall be responsible for placement and return of bulk bag silos utilized on any job that they have serviced with product and delivery.
- Please contact our office for current fees listed above.
- PNEUMATIC SILOS: A silo deposit will be charged on each pneumatic silo, and shall be refunded in full upon return of the silo in an UNDAMAGED condition. PNEUMATIC SILOS FURNISHED BY E-Z MIX, INC. SHALL BE SUBJECT TO THE FOLLOWING USAGE TERMS AND CONDITIONS:
- Silos shall be provided without rental charge on jobs of three truckloads or more (45 yards min.).
- Silos that remain utilized on a job in excess of two weeks per load of material (15 yards) shall be subject to a rental fee per month (or portion thereof).
- E-Z MIX INC. will pick up the pneumatic silo once it is emptied. Should a pick up request be made and the pneumatic silo is either inaccessible or not empty, a transportation charge will be invoiced for each pick up attempt.
- E-Z MIX INC. deliveries up to one hundred miles (100) will be charged per truckload for each pneumatic silo filled. An additional fee will be charged for each one-way mile in excess of one hundred (100) miles
- Please contact our office for current fees listed above.
- SPECIAL ORDERS: Substantial lead-time may be required to provide for production scheduling of special order products. Signed purchase orders shall be required for all products that are special order, and the orders may be subject to minimum quantity orders and/or overrun allowances that are subject to purchase by the Buyer in order to produce the required number of batches to fill any such order. Please contact your
sales representative regarding any special order quotations.
Special orders, once produced, are not cancelable in whole or in part. Special orders not shipped within 30 days of production may be subject to billing and storage charges unless agreements have been reached in writing with E-Z MIX INC. The customer shall pay any costs incurred by E-Z MIX INC. regarding raw materials that have been acquired for production of a special order that is canceled in full.
- LIMITED WARRANTY: E-Z MIX INC. warrants to each purchaser of products that the products will conform to the physical and mechanical properties provided in the Letter of Certification or Specification Sheet issued by E-Z MIX INC. for or applicable to the products at the time of sale. E-Z MIX INC. does not provide engineering or other professional advisory services regarding the use or installation of the products. It is the responsibility of the purchaser to obtain such services from licensed professionals.
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND IS MADE IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED.
The sole remedy of the purchaser and the sole obligation of E-Z MIX INC. for breach of the foregoing warranty shall be to replace nonconforming products or, at E-Z MIX INC.'s option, to refund the purchase price. In no event shall E-Z MIX INC. be liable for any other or further damages, whether special, incidental or consequential, including, without limitation, delay, personal injury, property damage, work stoppage, loss of profits, loss of use of equipment, loss of or damage to the work ("work") into which the product is incorporated, or labor or other expenses associated with removing the product from or replacing the product in the work.
- QUALITY AND CLAIMS:
It is the buyer's responsibility to make inspection of materials prior to starting installation. IF FOR ANY REASON THE MATERIALS PROVIDED BY E-Z MIX INC. ARE REGARDED AS UNSATISFACTORY, E-Z MIX INC. MUST BE NOTIFIED BEFORE INSTALLATION PROCEEDS. The provisions of our Limited Warranty apply to claims by any buyer that material purchased is defective or non-structural quality. No claim under our Limited Warranty will be allowed unless E-Z MIX INC.'s investigation supports the claim. E-Z MIX INC. will not be liable for, and will not recognize any claims made after the start of installation for materials provided by E-Z MIX INC. said to be unsatisfactory.
E-Z MIX INC. does not obligate itself to furnish signed receipts for material delivered. The Buyer shall pay any charges, incidental to inspections or tests, made by or on behalf of the Buyer to determine compliance with specifications.
All product formulations are established by the manufacturer and are subject to change without notice.
Variations in color and shades of color are inherent in integrally colored products as a result of factors such as moisture content at time of installation, ambient weather conditions during cure process, and natural variations in materials processed with cements and aggregates which are mined. These variations are beyond the control of a blender of cementitious products, and no claim for these variations will be allowed under our Limited Warranty.
- FORCE MAJEURE: E-Z MIX INC. shall not be liable for any failure or delay of performance due to causes beyond its control, including but not restricted to acts of God or the public enemy, floods, fires, earthquakes, hostilities, war (declared or undeclared), acts of either general or particular applications of any de jure or de facto government or any of its subdivisions, bureaus or agencies, strikes or other labor troubles whether direct or indirect, riots, insurrections, civil commotion, loss or shortage of labor, transportation, raw materials or energy sources or failure of usual means of supply. Should failure or delay in
E-Z MIX INC.'s performance occur because of any or the foregoing, E-Z MIX INC. reserves the right as to any materials so affected of either canceling the order therefore or delaying performance for a reasonable period of time, during which period of delay the applicable order shall remain in full force and effect. E-Z MIX INC. shall notify Buyer as to the reason for its failure or delay in performance, and as to whether it has canceled the applicable order or delayed performance there under. If performance is delayed, E-Z MIX INC. shall also notify Buyer as to the period of time during which delay is likely to continue. E-Z MIX INC. may
allocate available material between its own uses and those of its customers in such manner as E-Z MIX INC. may consider equitable. E-Z MIX INC. shall not be liable under any circumstances whatsoever for loss, damage, or expense directly or indirectly arising from use of material, nor shall E-Z MIX INC. be liable for consequential or any other damages with respect to any order.
FOR ANY CAUSE WHATSOEVER, WHETHER BEYOND E-Z MIX INC.'S CONTROL OR NOT, E-Z MIX INC.'S LIABILITY FOR FAILURE OR DELAY IN PERFORMANCE SHALL NOT INCLUDE INCIDENTAL AND CONSEQUENTIAL DAMAGES.
- INFORMATION NEEDED BY SELLER FOR FILING PRELIMINARY NOTICES: The State of California prescribes certain guidelines for and requires certain information to be contained in Preliminary Notices filed by subcontractors and suppliers of labor or materials on construction projects. Purchaser agrees, and recognizes that it is a material obligation of Purchaser, to furnish all information needed by E-Z MIX INC. to timely file a Preliminary Notice on any construction project for which E-Z MIX INC. is furnishing delivery or incidental services hereunder.
- GENERAL TERMS: No waiver or breach of any provision hereof shall constitute a waiver of any other breach. E-Z MIX INC's failure to object to provisions contained in any communication from Purchaser shall not be deemed an acceptance of the terms of such communication or a waiver of any of the provisions of these Terms and Conditions. The applicable accepted Purchase Order and these Terms and Conditions constitute the entire understanding of the parties with respect to any sale of products. No alleged oral representations or promises by any E-Z MIX INC. representative that are not contained in the written Purchase Order or these Terms and Conditions are authorized or enforceable. All Sales Orders or Purchase Orders shall be interpreted in accordance with the laws of the State of California.
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E-Z Mix Inc. ("E-Z Mix")
- The sole purpose of this website is to provide general information to the reader. It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- The information herein is correct to the best of our knowledge but is subject to amendment or correction at any time without notice; contact your nearest location for further information. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information or opinions found or offered on this website for any particular purpose, including its use in the preparations of architectural or engineering plans or specifications. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Our website may also include links to other websites. These links are provided for your convenience to provide further information. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Any personal information submitted via this website, whether by email or other means, will be used solely by E-Z Mix and will not be disclosed to any third parties. If you wish to view, amend or delete your personal data please contact us.
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E-Z Mix Inc. ("E-Z Mix")
This website and its content is a copyright of E-Z Mix - © E-Z Mix Inc. 2000 - 2021. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only.
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not distribute or commercially exploit the content, nor may you transmit it or store it in any other website or other form of electronic retrieval system without our express written permission.
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