These Terms and Conditions ("Terms") govern all sales of concrete products and related delivery services provided by NASCRETE ("Company," "we," "us," or "our") to you ("Customer," "you," or "your"). By placing an order, accepting a delivery, or using our website or customer portal, you agree to these Terms.
These Terms are intended to reflect common industry practices for volumetric and ready-mixed concrete suppliers. They do not constitute legal advice. NASCRETE recommends that customers consult qualified legal counsel regarding project-specific requirements.
1 Definitions
- "Concrete" means ready-mixed or volumetrically mixed concrete supplied by NASCRETE.
- "Mix Design" means the specified proportions and characteristics of cement, aggregates, water, admixtures, and other materials for a given order.
- "Order" means a request for concrete or services accepted by NASCRETE, whether placed by phone, email, website, customer portal, or written purchase order.
- "Quote" means a written or verbal price estimate provided by NASCRETE prior to order confirmation.
- "Delivery Site" or "Job Site" means the location where concrete is to be discharged.
- "CY" means cubic yards, the standard unit of measure for concrete quantity.
- "PSI" means pounds per square inch, referring to specified compressive strength.
- "Volumetric Mixing" means on-site proportioning and mixing of concrete constituent materials using mobile volumetric equipment.
2 Agreement & Acceptance
These Terms, together with any written quote, order confirmation, driver release, or project-specific agreement, constitute the entire agreement between NASCRETE and the Customer for the subject order. In the event of conflict between these Terms and a signed written contract specifically negotiated for a project, the signed contract controls to the extent of the conflict.
Placing an order or accepting delivery constitutes acceptance of these Terms. If you do not agree, do not place an order or accept delivery.
3 Quotations & Orders
Quotes are estimates based on information provided by the Customer and are valid for 30 days unless otherwise stated in writing. NASCRETE reserves the right to revise pricing if project conditions, specifications, access, quantities, or delivery requirements change after the quote is issued.
All orders are subject to acceptance and scheduling availability. NASCRETE may decline or reschedule orders due to equipment availability, weather, safety concerns, or incomplete order information.
The Customer is responsible for providing accurate information including, without limitation: delivery address, mix design or strength requirements, estimated quantity, desired delivery date and time, site contact, access conditions, and any job-specific specifications or engineer requirements.
Verbal orders are binding once confirmed by NASCRETE. Minimum order quantities and delivery fees may apply and will be disclosed at the time of quoting or order confirmation.
4 Pricing, Billing & Payment
Prices are subject to change without notice until an order is confirmed. Final invoiced amounts may include applicable charges for delivery, waiting time, short loads, environmental fees, fuel surcharges, after-hours service, or other disclosed ancillary charges.
Payment terms are as agreed at order placement. Unless credit has been established in writing, NASCRETE may require payment in full upon delivery or in advance. For approved credit accounts, payment is due within the agreed net terms from invoice date.
Past-due accounts may be subject to:
- Late payment fees or finance charges as permitted by applicable law
- Suspension of credit privileges and future deliveries
- Collection costs and reasonable attorney fees where permitted by law
The Customer may not withhold payment due to disputes unrelated to the specific invoice without prior written agreement. Quantity disputes must be reported at the time of delivery.
5 Delivery Terms & Site Requirements
Delivery dates and times are estimates only and are not guaranteed. NASCRETE will use commercially reasonable efforts to meet scheduled windows but is not liable for delays caused by traffic, weather, equipment maintenance, prior deliveries, site conditions, or other circumstances beyond our reasonable control.
The Customer must ensure the Delivery Site is accessible and ready at the scheduled time, including:
- Safe, stable access roads capable of supporting heavy trucks (minimum recommended width and load capacity as advised by NASCRETE)
- A prepared discharge area free of obstructions, overhead hazards, and unsupported underground utilities
- An authorized site representative available to direct placement and sign delivery tickets
- Compliance with all local permits, HOA requirements, and jobsite rules
If the driver determines that access is unsafe or impracticable, NASCRETE may refuse discharge, leave the site, or require alternative placement methods at the Customer's direction and risk. The Customer remains responsible for applicable delivery, waiting, return-trip, or partial-load charges.
6 Volumetric Mixing Services
NASCRETE provides volumetric concrete services whereby constituent materials are proportioned and mixed at the Delivery Site. Volumetric operations are performed in accordance with applicable industry standards, including ASTM C685/C685M (Standard Specification for Concrete Made by Volumetric Batching and Continuous Mixing), where applicable.
Benefits of volumetric delivery include fresh on-site mixing and the ability to adjust pour quantity during delivery. The Customer acknowledges that:
- Final batch quantities are measured and recorded at the time of delivery
- Slump, air content, and other fresh properties may be adjusted within the limits of the approved mix design upon Customer request, subject to engineer approval where required
- Discharge rates and placement speed depend on site conditions, crew readiness, and placement method
7 Mix Design, Quality & Specifications
NASCRETE produces concrete in accordance with ordered specifications and applicable standards. Where ready-mixed concrete standards apply, NASCRETE conforms to industry practice under ASTM C94/C94M (Specification for Ready-Mixed Concrete) to the extent applicable to the ordered product.
The Customer is solely responsible for determining that the ordered mix design, strength (PSI), slump, air content, admixtures, and performance characteristics are suitable for the intended application and comply with:
- Project plans and specifications
- Building codes and local jurisdiction requirements
- Engineer or architect instructions
- Applicable ASTM, ACI, or DOT standards for the project type
NASCRETE does not provide engineering, design, or structural consulting services unless expressly agreed in writing. Any assistance provided in selecting a mix is informational only and does not shift responsibility for final specification approval to NASCRETE.
Specialty mixes, high-early strength, fiber reinforcement, color additives, and low-chloride or other special-performance concrete must be ordered explicitly in advance.
8 Inspection, Acceptance & Rejection
The Customer or authorized representative must inspect concrete at delivery for obvious issues including quantity, mix identification, and apparent conformity to the order. Acceptance occurs upon discharge commencement unless a visible nonconformity is promptly reported to the driver and NASCRETE dispatch before or during discharge.
Claims regarding fresh concrete properties (slump, air, temperature, or apparent mix error) must be reported before the truck leaves the site and before significant placement occurs, except where discovery was not reasonably possible before departure.
Compressive strength and hardened concrete performance claims require proper sampling and testing in accordance with applicable ASTM standards. NASCRETE will cooperate with reasonable testing procedures for disputed loads when notice is timely and samples are taken in accordance with standard practice.
Concrete that has been altered, improperly placed, improperly finished, improperly cured, or affected by jobsite conditions after delivery is not subject to rejection for performance-related claims attributable to post-delivery handling. Surface appearance, texture, and finish quality are the Customer's responsibility and are not grounds for rejection of the concrete mix itself unless a fresh-property defect is identified before discharge is complete.
9 Quantity, Short Loads & Overtime
Quantities are measured in cubic yards (CY) based on delivery records, batch counts, or calibrated volumetric measurement at the time of service. The Customer should order sufficient quantity, including reasonable waste, over-excavation, and field variation. NASCRETE recommends adding approximately 5–10% to calculated volumes unless the project plan specifies otherwise.
Minimum load charges may apply to orders below stated minimum volumes. Additional deliveries required due to Customer underestimation, site delays, or placement issues may incur additional delivery fees.
If placement cannot be completed due to Customer-caused delays, lack of crew readiness, or site restrictions after arrival, overtime, standby, or return-trip charges may apply as disclosed at order placement or in NASCRETE's standard rate schedule.
10 Waiting Time & Standby Charges
Included waiting time at the Delivery Site is limited to a reasonable period as communicated during scheduling, typically beginning after the driver arrives and is ready to discharge. Excessive waiting caused by Customer or jobsite delays—including unavailable crews, forms not ready, pump not ready, or access issues—may result in standby charges billed in incremental intervals.
If the driver is instructed to wait beyond operational limits or if discharge cannot occur within a reasonable time, NASCRETE may leave the site. The Customer remains responsible for delivered material, partial loads, and applicable return or redelivery charges.
11 Cancellation, Rescheduling & No-Show
Orders may be canceled or rescheduled without penalty if NASCRETE receives notice at least 24 hours before the scheduled delivery window, unless a longer notice period is specified on the order confirmation.
Cancellations or rescheduling with less than 24 hours' notice, or failure to accept delivery when the site is not ready ("no-show"), may result in a cancellation or mobilization fee of up to the full load charge, reflecting committed equipment, materials, and lost scheduling capacity.
Weather-related cancellations will be handled cooperatively. NASCRETE may cancel or postpone delivery when conditions pose safety risks or materially affect concrete quality.
12 Customer Responsibilities
In addition to other obligations stated herein, the Customer agrees to:
- Provide accurate order and site information
- Ensure lawful access to the Delivery Site and obtain required permits
- Maintain adequate labor, equipment, and forms for timely placement and proper finishing (see Section 13)
- Ensure qualified finishers are on site and ready before concrete arrives
- Indemnify NASCRETE for site-directed placement in locations or manners identified as risky by the driver when discharge is performed at Customer insistence
- Complete and sign delivery tickets, driver releases, or electronic confirmations acknowledging quantity and delivery
13 Placement, Finishing & Curing Requirements
Important: NASCRETE supplies fresh concrete conforming to your ordered mix design. Proper placement, finishing, and curing after discharge are solely the Customer's responsibility and are essential to the strength, durability, and appearance of the finished product. NASCRETE is not responsible for defects caused by improper finishing practices.
Upon discharge, ownership and control of the concrete passes to the Customer. NASCRETE does not perform finishing work unless expressly agreed in writing as a separate service. The Customer must provide sufficient, qualified labor and equipment to place, consolidate, screed, float, edge, joint, and finish the concrete in accordance with applicable ACI guidelines (including ACI 301 and ACI 308) and project specifications.
The Customer is required to perform proper finishing, including but not limited to:
- Begin placement and finishing promptly after discharge — delays increase the risk of cold joints, poor bond, and surface defects
- Screed, strike off, and consolidate concrete to the required grade and thickness
- Bull-float and finish at the appropriate time for the mix, weather, and application (slab, driveway, footing, etc.)
- Install control joints and finish edges as required by the project
- Protect fresh concrete from traffic, rapid drying, freezing, or contamination until adequately cured
- Follow proper curing methods (water cure, curing compound, covering) for a minimum period consistent with project requirements and ACI recommendations
Improper finishing may result in defects that are not attributable to the concrete supplied. Without limiting the foregoing, NASCRETE shall not be responsible for claims related to surface or performance issues caused or contributed to by:
- Delayed or absent finishing crews after the truck arrives
- Over-working, under-working, or premature/power troweling of the surface
- Adding water to the concrete at the jobsite without NASCRETE authorization
- Improper screeding, grading, or compaction during placement
- Inadequate or omitted curing (including allowing rapid moisture loss, freezing, or traffic too soon)
- Surface defects such as crazing, scaling, dusting, delamination, plastic-shrinkage cracking, poor texture, color variation, or weak surface paste
The Customer acknowledges that finishing technique, timing, and curing directly affect the final appearance and performance of concrete. Complaints regarding surface finish, aesthetics, or field performance will not be accepted as mix-quality defects where improper placement, finishing, or curing contributed to the condition. By accepting delivery, the Customer confirms that adequate finishing resources are available and that NASCRETE's obligation is limited to supplying concrete meeting the ordered mix design at the point of discharge.
14 Site Access, Safety & Environmental
The Customer assumes responsibility for jobsite safety conditions not caused by NASCRETE negligence. The Customer must warn NASCRETE of underground utilities, overhead power lines, weak pavement, steep grades, and other hazards.
The Customer is responsible for any damage to driveways, lawns, sidewalks, curbs, septic systems, irrigation, or other property at the Delivery Site resulting from requested truck access beyond public roads, except to the extent directly caused by NASCRETE gross negligence or willful misconduct.
Washout, spill cleanup, and disposal of returned or unused concrete are the Customer's responsibility unless NASCRETE expressly provides such service. The Customer must provide an approved washout area where required and comply with environmental regulations, including proper handling of concrete wash water and solids.
15 Limited Warranty
NASCRETE warrants that concrete supplied will conform to the mix design and specifications ordered, subject to proper placement, finishing, and curing by the Customer. NASCRETE expressly does not warrant surface finish, flatness, levelness, appearance, or cosmetic quality — those results depend entirely on the Customer's finishing and curing practices as described in Section 13. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Any warranty claim must be submitted in writing within a reasonable time after discovery, and in no event later than 30 days after delivery for fresh property claims or within the timeframe required by applicable project specifications for hardened concrete test results.
NASCRETE's sole obligation for a validated warranty claim is, at its option, to replace the defective concrete or refund the purchase price for the affected quantity of the specific load—provided the Customer allows reasonable verification and the claim is not excluded due to post-delivery handling, improper finishing, curing, or site conditions.
16 Limitation of Liability & Indemnification
To the fullest extent permitted by law, NASCRETE's total liability arising out of or related to any order shall not exceed the amount paid by the Customer for the specific load or service giving rise to the claim.
NASCRETE shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, delay damages, lost productivity, or repair costs arising from project delays, even if advised of the possibility of such damages.
The Customer agrees to indemnify, defend, and hold harmless NASCRETE and its officers, employees, and agents from claims, damages, losses, and expenses (including reasonable attorney fees) arising from:
- Jobsite conditions, access, or placement instructions provided by the Customer
- Violation of laws or regulations by the Customer or its contractors
- Property damage or injury occurring on the Delivery Site except to the extent caused by NASCRETE negligence
- Use of concrete after delivery in a manner inconsistent with specifications or industry practice
- Improper or inadequate finishing, placement, or curing by the Customer or its contractors
17 Insurance
NASCRETE maintains commercial general liability and auto liability insurance customary for its operations. Certificates of insurance may be provided upon reasonable request for commercial projects.
Commercial and municipal Customers may be required to maintain general liability insurance and, where applicable, name NASCRETE as additional insured for jobsite operations. Requirements will be stated in project-specific agreements when applicable.
18 Force Majeure
NASCRETE is not liable for failure or delay in performance due to events beyond reasonable control, including severe weather, natural disasters, government orders, labor disputes, material shortages, equipment failure, utility outages, or other force majeure events. Scheduled deliveries may be postponed without penalty during such events.
19 Dispute Resolution & Governing Law
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles. Any legal action or proceeding arising out of these Terms or any order shall be brought exclusively in the state or federal courts located in Prince William County, Virginia, and the parties consent to personal jurisdiction in such courts.
Prior to filing suit, the parties agree to attempt good-faith resolution through direct negotiation. Either party may request mediation before pursuing litigation for disputes exceeding a mutually agreed threshold.
20 Privacy & Website Use
Information submitted through our website, customer portal, or contact forms is used to process orders, provide quotes, communicate about deliveries, and improve service. NASCRETE does not sell personal information to third parties.
Customer account credentials must be kept confidential. The Customer is responsible for activity under its account. Website content, branding, and materials are owned by NASCRETE and may not be copied or reused without permission.
21 General Provisions
- Severability: If any provision is held invalid, the remaining provisions remain in effect.
- No Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
- Assignment: The Customer may not assign rights or obligations without NASCRETE's written consent. NASCRETE may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Changes: NASCRETE may update these Terms from time to time. Material changes will be posted on this page with an updated effective date. Continued use of services after changes constitutes acceptance.
- Entire Agreement: These Terms, together with order confirmations and any signed project agreements, constitute the entire agreement regarding the subject services.
22 Contact Information
For questions about these Terms, billing, delivery, or to report a service issue, contact NASCRETE:
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