Terms and Conditions

    Conditions of Sale

    The following must be read carefully and understood as it affects the CUSTOMER’S legal rights and imposes certain obligations and liabilities on the CUSTOMER. CUSTOMER should be aware of all risks, conditions of delivery and general conditions as applicable. For the purpose of this Delivery Ticket, the term “CUSTOMER” includes any agent, employee or representative acting on the CUSTOMER’s behalf and any party making a claim on the basis of the agreement between YAAT and the CUSTOMER; and the term “YAAT” means Yard At A Time Concrete Ltd.

    Liability Waiver

    1. YAAT is not liable for damage to curbs, sidewalks, driveways, buildings, property, including the YAAT Truck; for deliveries beyond the edge of the paved public roadway.

    2. YAAT is not liable for the properties of the concrete following the addition of any CUSTOMER added product. Any product(s) added or applied to the concrete are at the CUSTOMER’S risk.

    3. YAAT is not liable for the properties or performance of concrete following the addition of water at the CUSTOMER'S request. Additional water added outside of CSA specifications is detrimental to strength, durability, and other properties of the concrete.

    Conditions of Delivery:

    1. YAAT is not liable for any failure of or delay in the performance of any of its obligations due to an occurrence of a Force Majeure event. The obligations of YAAT are subject to contingencies of delays in delivery caused by accidents, weather, traffic conditions, truck or plant breakdowns, material supply, workforce shortages, governmental regulations and any cause beyond YAAT’s control.

    2. YAAT will include up to a maximum of 8 minutes unloading time per cubic metre. Standing time in excess of the allotted unloading time will be charged at YAAT’s current standard rates. The CUSTOMER agrees to pay surcharges for deliveries outside of YAAT’s regular business hours (7:00 AM - 5:00 PM PST), on weekends and holidays, partial loads, road restrictions, tolls, fuel recovery, cancelled orders, returned products, environmental levy, winter handling, and credit card convenience fees. The "delivery time" is defined as the time the delivery vehicle leaves the yard gate until the time it returns to the yard.

    3. YAAT will be responsible for delivery to the edge of the paved public roadway only. The CUSTOMER will provide safe and suitable roadways and approaches to points of delivery when materials are to be delivered beyond the edge of the paved public roadway. If YAAT is asked by the CUSTOMER to deliver beyond the edge of the paved public roadway, the CUSTOMER assumes responsibility for any and all damage to curbs, paving, sidewalks, structures, utilities, vehicles, landscaping features or other property as a result of such deliveries. Costs of towing and any damages caused to, or by the YAAT truck and equipment will be paid by the CUSTOMER. The CUSTOMER agrees to indemnify and hold YAAT harmless against all liabilities and expenses arising from such deliveries.

    4. The CUSTOMER agrees that, for the purpose of the Builders Lien Act, any subsequent delivery of material and services to the same location will be deemed a continuation of the performance of the first Delivery Ticket for the original order placed, whether or not a separate Delivery Ticket is issued for subsequent material and services. YAAT can and will exercise its Lien rights.

    General Conditions:

    5. YAAT will deliver concrete produced to comply with the most recent edition of the CSA CAN 3. A.23.1 & 2 standards. All compliance testing conducted will be done in accordance with CSA standards. YAAT will not be responsible for any damages or delays caused by testing methods by others which do not strictly comply with CSA standards. Any concrete mix design provided or requested by the CUSTOMER must be in accordance with CSA standards.

    6. YAAT warrants the title to the concrete only and makes no representation or warranty with respect to the concrete itself, including its merchantability and fitness for a particular purpose. The CUSTOMER is responsible for the title and risk of loss upon delivery of the concrete to the edge of the paved public roadway and will indemnify and save YAAT harmless from all liabilities arising out of or relating to the CUSTOMER’S control, use, possession, transportation or ownership of the concrete. The CUSTOMER, or any party claiming through the Customer, will not bring a suit or claim based on any cause of action whatsoever arising out of or in any way connected with this Delivery Ticket or the concrete more than 30 days after receipt of the concrete. YAAT’s liability to the CUSTOMER in relation to this Delivery Ticket, whether due to breach of contract, negligence, warranty, strict liability or otherwise, is strictly limited to the replacement of the concrete or a refund of the purchase price for the order of concrete in question.
    The quantity of concrete ordered is shown on the Delivery Ticket on a volume basis. YAAT’s ability to deliver the volume of concrete stated on the Delivery Ticket is subject to the availability of the raw materials to produce the concrete. The CUSTOMER will not be allowed to bring any claims regarding the volume of concrete more than 24 hours after the time of delivery. The disputed volume of concrete delivered will be determined in accordance with the batch records and the tolerances allowed in the CSA standards. Undisputed Delivery Tickets will be considered binding as to volume delivered.

    7. Additions of water or other ingredients may reduce the strength, durability, suitability, and quality of concrete. YAAT will not be responsible for the properties of concrete when additional water or other ingredients are added to the concrete at the instruction of the CUSTOMER, including water added beyond that which is required for the maintenance of the slump specified on the Delivery Ticket and within CSA standards as noted above. The CUSTOMER will indemnify YAAT for any and all product problems related to these additions. Extra product addition, including superplasticizer to increase slumps, and wash out fees will be applied in accordance with YAAT’s current standard rates.

    8. Unless otherwise stated, the CUSTOMER is responsible for placing, handling, consolidation, finishing, protection, curing and use of the concrete. Cracks, curling, blistering, or scaling may occur for various reasons but not limited to; finishing, shrinking, stamping, and curing. YAAT will not be responsible for the colour variations of hardened concrete or defects in the finished concrete product including any damage done to the concrete by frost, settlement or other weather conditions, excessive bleeding, blistering, scaling, tearing, curling, cracking, or surface pop-outs. Proper concreting best practices must be employed by the Customer to mitigate these issues.

    9. Concrete is a perishable product. YAAT will not be responsible for concrete used by the CUSTOMER, which is more than 2 hours of age from the time of batching. Concrete used after the 2 hour limit is solely at the risk of the CUSTOMER and the CUSTOMER will indemnify YAAT for all product problems related to the use of concrete after the 2 hour limit.

    Caution:

    10. Environmental law in the Province of British Columbia prohibits the uncontrolled disposal of pollutants such as concrete wash out water. The water contained in the water tank of a ready-mix truck is part of the equipment for producing concrete and will only be used for the purpose of the driver. Caution should be used at all times to ensure that wash-off water is not in any way conveyed into storm drains, sewers, culverts, catch basins or water ways. The CUSTOMER will indemnify YAAT from any claims arising from the above if the CUSTOMER does not follow appropriate environmental procedures.

    Payment Terms:

    11. Unless approved in advance by YAAT, all orders are C.O.D.. Sales “on account” are due 30 days from date of delivery. Overdue amounts are subject to an interest charge as stated in YAAT’s current standard rates. The CUSTOMER is responsible for all fees, expenses and disbursements (including legal fees) incurred by YAAT as a result of collecting overdue accounts. The CUSTOMER is responsible for providing correct billing information at the time of the order. Billing information on invoices will not be changed or altered after the invoice has been processed. Administrative surcharges may be applied if a credit or rebill is required. A convenience fee of 2.5% will be applied to all payments made via credit card.

    Disputes:

    12. If any dispute arises between the parties it will be resolved by a sole arbitrator pursuant to the provisions of the B.C. Arbitration Act.