Terms
CONCRETE PUMP PARTNERS LLC – TERMS & CONDITIONS
1.PAYMENT:All sums payable to CONCRETE PUMP PARTNERS shall be due based on the terms
listed on the customers invoice and if not paid by said date shall bear interest thereafter at 1.5% per
month or the maximum rate allowable under law as of the date of this contract.
2.SEPARATE ENFORCEMENT: This contract is separate and severable from any other similar or
related contracts CONCRETE PUMPER may enter into with Contractor for work at the same job or
job address described on this contract, and this contract may therefore be enforced by CONCRETE
PUMPER without waiving or barring its rights to enforce through different and separate legal or
arbitration proceedings, its right to full payment due under such other related contracts.
3. ARBITRATION: All disputes arising under or in any way related to the performance, interpretation,
or enforcement of this contract, including issues of arbituability, shall be submitted to arbitration
before the American Arbitration Association, at an office local to CONCRETE PUMPER, pursuant to
its Construction Industry Arbitration Rules.
4.ATTORNEY’S FEES AND COSTS: The prevailing party to any legal or arbitration proceedings shall
be entitled to recover as part of its award or judgment, all of its attorney’s fees, court costs, and
filing fees, as actually incurred and paid in connection with or in preparation for said proceedings.
5. NO WARRANTIES OR REPRESENTATIONS: This written contract is the entire contract between
the parties and supersedes all other written or oral promises or representations. No warranties or
representations, express or implied, are made as to the fitness or suitability of equipment or
services and CONCRETE PUMPER shall not be liable for any loss, liability or damages caused or
claimed to be caused as a result of any operation or equipment failures or defects in equipment, or
as a result of any delays in the performance by CONCRETE PUMPER of its services herein provided
for.
6. SITE ACCESS: Contractor shall provide adequate and timely site access, work, setup and
washout areas and shall coordinate and schedule its work and the work of contractor’s related
trades so that CONCRETE PUMPER’s can complete its work in the fastest manner possible.
7. TERMINATION: In the event Contractor breaches its contract, becomes insolvent or commences
any proceeding for bankruptcy CONCRETE PUMPER shall have the right to immediately cease its
services and terminate this contract, without further liability to contractor.
8. INDEMNIFICATION: Contractor agrees to indemnify and defend CONCRETE PUMPER against all
liability, losses, damages, claims, expenses and attorney’s fees, for personal injury or property
damage which arise out of or related to the performance of this contract and which are caused by
the sole or concurrent negligence of the Contractor, or its agents or employees.
9. CANCELLATIONS: Cancellations on equipment and labor will be made two (2) hours prior to
scheduled start-time or the following labor charges will apply: LABOR: two (2) hour minimum at the
regular hourly rate. EQUIPMENT: four(4) hour minimum at one-half the hourly rate.
10. NOTICE: CONCRETE PUMPER ASSUMES NO RESPONSIBILITY FOR DAMAGE INSIDE CURB OR
PROPERTY LINE. WE ARE NOT RESPONSIBLE FOR DELAYS CAUSED BY IMPROPER SCHEDULING
OF TRUCKS, CHANGES IN GRADATION OF AGGRAGATE OR INCORRECT BATCHING OF
CONCRETE. EXCEPTIONS AND CLAIMS SHALL BE DEEMED WAIVED UNLESS MADE TO US INCONCRETE PUMP PARTNERS LLC – TERMS & CONDITIONS
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TERMS & CONDITIONS 3950 DICKERSON PIKE – NASHVILLE, TN 37207
WRITING ONE(1) DAY AFTER RECEIPT OF SERVICES.L SUCH CLAIMS SHALL NOT EXCEED THE
AMOUNT INVOICED BY THIS COMPANY FOR SERVICES PERFORMED ON THE DAY AND ON THE
JOB INCIDENT OCCURRED. CONCRETE PUMPER ASSUMES NO RESPONSIBILITY FOR INJURY
FROM IMPROPER HANDLING OR MISUSE OF SYSTEM OR EQUIPMENT. COMCRETE PUMPER
MAKES EVERY EFFORT TO FURNISH EQUIPMENT THAT WILL NOT BREAK DOWN ON JOB.
HOWEVER, IF THERE IS AN EQUIPMENT FAILURE, CONCRETE PUMPER WILL NOT ACCEPT
CHARGE BACKS IN EXCESS OF FACE AMOUNT OF THIS INVOICE. CUSTOMER ASSUMES ALL
COSTS OF COLLECTION IN EXCESS OF STANDARD BILLING.