TERMS OF SERVICE

Effective Date: 09.15.23

1. Scheduling and Communication

U Cart It Concrete will not batch a scheduled customer load until the customer has made voice communication and/or U Cart It Concrete has received confirmation at least two (2) hours prior to scheduled delivery. If no voice communication is established within one and a half (1.5) hours prior to scheduled delivery, the delivery is considered canceled and subject to cancellation charges. We must have an onsite contact with a working phone. Seller reserves the right to leave if Purchaser is hostile.

2. Payment Terms

All deliveries under this contract are Pay Before Delivery. Payment is due twenty-four (24) hours prior to delivery time. Refusal to pay or freezing of payment will result in a lien on the contracted property. Accounts are considered delinquent if payment has not been received within fifteen (15) days following purchase. Delinquent accounts shall be placed on a cash-only basis for future purchases until the delinquency is paid in full. Please add $50.00 on 15-30 day accounts. Credit cards, debit cards, and Zelle are accepted at this time.

Purchaser shall make all payments due hereunder in lawful money of the United States, without retention and without regard to any agreement Purchaser may have with other parties. Should legal action be necessary to enforce this contract, whether or not suit is instituted, U Cart It Concrete shall be entitled to recover reasonable attorney fees and costs incurred, including, but not limited to, appeals, bankruptcies, and post-judgment collection efforts. The sole venue for any suit brought under any contract or agreement with a customer shall be in the state or federal court sitting in Orange County, FL. Florida law shall govern this contract.

3. Fees

Short loads (5 yards and under) are allotted thirty (30) minutes unloading time. Large loads (6 yards and above) will have eight (8) minutes unloading time allowed per yard, with a maximum of sixty (60) minutes per truckload. Additional time will result in a standby fee of $200 per additional thirty (30) minutes Monday through Friday and $250 per thirty (30) minutes for Saturday deliveries.

Orders canceled after 1:00 pm the day before pouring are subject to a $50.00 cancellation fee. Orders canceled on the day of the pour are subject to a $150.00 cancellation fee.

4. Delivery Conditions

Terms must be signed for concrete to be delivered. All deliveries will be made using Volumetric Mixer trucks unless otherwise noted. Trucks must remain roadside unless previously discussed and authorized. Seller assumes no liability for property damage or personal injury due to requested delivery paths. Purchaser assumes all risks and indemnifies Seller from any claims, losses, or liabilities.

5. SMS Communications & A2P 10DLC Compliance

By providing your mobile phone number, you consent to receive SMS messages from us regarding your orders, service updates, or promotional offers.

  • Message Frequency: Message frequency may vary depending on your interactions with us.

  • Opt-Out: You may opt out of receiving SMS messages at any time by replying “STOP” to any message you receive from us. After opting out, you may receive a confirmation message and will no longer receive further messages.

  • Help & Support: If you need assistance, you can reply “HELP” for more information or contact us directly at support@ucartitconcrete.com.

  • Message & Data Rates: Standard message and data rates may apply, depending on your carrier’s plan.

  • Third-Party Messaging Services: We may use third-party messaging services to deliver SMS messages in compliance with A2P 10DLC regulations.

6. Point of Acceptance

Purchaser’s point of acceptance is at the truck chute. Seller will not accept responsibility for physical changes of the concrete caused by job delays, delivery systems, placing equipment, or circumstances beyond our control.

7. Concrete Testing

Purchaser agrees to provide Seller with a copy of all test results within three (3) working days of the performance of said tests.

8. Warranty

Seller warrants that the compressive strength of ready-mix concrete test specimens tested for acceptance in accordance with ASTM will meet the design strength for the mix design sold under this contract. No other warranties, express or implied, are made.

9. Claims and Back Charges

Notice of claims against Seller must be given in writing within three (3) working days after discovery. If a dispute arises and cannot be resolved, the parties agree to mediation and, if unsuccessful, binding arbitration under Florida law. Purchaser waives their right to a jury trial for disputes arising out of this contract.

10. Chapter 558 Notice of Claim

Purchasers must follow Florida’s Chapter 558 legal requirements before initiating legal action for construction defects.

11. Construction Lien Notice

Florida law allows contractors and material suppliers to place a lien on properties if unpaid for services rendered.

12. Title Risk of Loss

Title remains with Seller until full payment is received. Risk of loss transfers to Purchaser upon delivery.

13. Concrete Warnings

Concrete is injurious to eyes and skin. Avoid direct contact. In case of exposure, flush with water and seek medical attention if necessary. Keep out of reach of children.

14. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

U Cart It Concrete LLC
2750 Taylor Ave.
Suite B 204
Orlando, FL 32806
Phone: (407) 648-0520
Email: support@ucartitconcrete.com