Effective date: [06/06/2025]
Plain-English summary (not a substitute for the full terms): By browsing our site, creating an account, requesting a quote, or placing an order with California Cement ("Company," "we," "us"), you agree to these Terms. Cement and related materials are heavy, alkaline, and potentially hazardous—use appropriate PPE and follow all safety data sheets. Sales may have special conditions listed on a quote; if there’s a conflict, the quote or written contract governs over these Terms.
1. Scope & Acceptance
These Terms govern your access to our websites, portals, messaging programs (including SMS), quotations, deliveries, and purchases of cement and related products/services (collectively, the "Services"). By using the Services, clicking "accept," or paying/accepting delivery, you confirm you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of an entity, you represent you have authority to bind that entity.
2. Key Definitions
Customer/you: The person or business engaging with the Services.
Products: Cement, blends, aggregates, admixtures, and other goods offered by the Company.
Order: Any purchase order, website order, or accepted quote/statement of work.
Site: Our websites, portals, and digital properties we operate.
3. Quotes, Orders & Changes
3.1 Quotes. Quotes are valid for the period stated; if none, 7 calendar days. Prices are subject to market conditions (including fuel, energy, raw material, logistics surcharges) and may change before acceptance.
3.2 Orders. An Order is accepted when we (a) confirm in writing, (b) commence production, or (c) deliver. We may reject or cancel any Order for legitimate business reasons (e.g., credit issues, safety, availability).
3.3 Changes & Cancellations. Requested changes (delivery window, mix, quantity, location) require our written approval and may incur fees. Cancellations after batching/loading or within [24] hours of scheduled delivery may incur a restocking/dispatch fee.
4. Pricing, Taxes & Payment
4.1 Pricing. Prices are in U.S. Dollars unless stated otherwise and exclude taxes, duties, and fees.
4.2 Taxes. You are responsible for all applicable taxes. Provide valid exemption certificates prior to invoicing if applicable.
4.3 Payment Terms. Unless otherwise agreed in writing: payment is due Net [30] from invoice date. Late amounts accrue interest at the lesser of 1.5% per month or the maximum permitted by law. You agree to pay reasonable collection costs, including attorneys’ fees, where allowed.
4.4 Credit & Security Interest. We may require deposits, letters of credit, or other assurances. You grant us a purchase-money security interest in Products until paid in full and authorize us to file financing statements.
5. Delivery, Title & Risk of Loss
5.1 Delivery Terms. Delivery terms are FOB shipping point unless otherwise stated on the quote. Risk of loss passes to you upon tender to the carrier or arrival at jobsite per agreed Incoterms; title passes upon full payment.
5.2 Access & Site Conditions. You must ensure safe, legal access for heavy vehicles, including adequate space, surface bearing capacity, and traffic control. We may refuse delivery if unsafe or unlawful.
5.3 Delivery Windows. Stated times are estimates. We are not liable for delay due to causes beyond our reasonable control (see Force Majeure).
6. Inspection, Acceptance & Returns
6.1 Inspection. Inspect upon delivery and note any shortages or visible damage on the delivery ticket.
6.2 Acceptance. Product is deemed accepted unless you notify us in writing of nonconformity within 48 hours of delivery (or within the period stated by applicable specs). Use or incorporation into work constitutes acceptance.
6.3 Returns. Bulk materials and custom mixes are non-returnable. Unopened, resaleable bagged goods may be returned within 30 days with an RMA and receipt; a [15%] restocking fee and freight charges may apply.
7. Product Use, Specifications & Safety
7.1 Specifications. Unless otherwise agreed in writing, Products are provided to standard commercial tolerances. Field conditions (temperature, humidity, water ratio, aggregates, admixtures, cure) significantly affect performance; on-site testing is your responsibility.
7.2 No Design Services. We do not provide structural or engineering design unless expressly contracted. You remain responsible for suitability for your intended use.
7.3 Safety. Portland cement is alkaline and may cause burns or respiratory irritation. Use appropriate PPE (gloves, long sleeves, eye protection, NIOSH-approved respirators where required). Review current Safety Data Sheets (SDS) before handling.
7.4 SDS. SDS are available upon request and on our Site. You agree to provide SDS and safety instructions to your employees and subcontractors.
8. Limited Warranty; Disclaimers
8.1 Limited Warranty. We warrant that Products will materially conform to our published specifications at the time of delivery. Your exclusive remedy for breach is repair, replacement, or refund of the purchase price (at our option) for the nonconforming portion.
8.2 Exclusions. This warranty does not cover damage or failure due to improper storage, handling, water addition beyond recommended limits, contamination, misuse, alteration, or incorporation with other materials not provided by us.
8.3 DISCLAIMER. EXCEPT AS EXPRESSLY STATED, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, USE, OR GOODWILL; OR (C) AGGREGATE DAMAGES EXCEEDING THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, and agents from any third‑party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from (a) your use, storage, or handling of Products; (b) your breach of these Terms; or (c) your violation of law or third‑party rights.
11. Messaging & SMS Terms
11.1 Opt-In. By providing a phone number and opting in via our Site, order forms, or written consent, you agree to receive automated and/or manual texts relating to orders, deliveries, promotions, and service updates.
11.2 Frequency & Charges. Message frequency varies. Message and data rates may apply.
11.3 Opt-Out/Help. Reply STOP to cancel, HELP for help. You may also manage preferences via your account or by contacting us.
11.4 Carriers. Wireless carriers are not liable for delayed or undelivered messages.
11.5 Consent Not Required. Consent to receive texts is not a condition of purchase.
12. Accounts & Acceptable Use (Site)
12.1 Accounts. Keep your credentials confidential. You are responsible for activities under your account.
12.2 Acceptable Use. Do not (a) interfere with the Site; (b) circumvent security; (c) scrape or harvest data without permission; (d) upload malicious code; or (e) infringe intellectual property rights.
13. Intellectual Property
All trademarks, logos, and content on the Site are owned by the Company or its licensors. You may not use our marks without prior written consent. You grant us a non-exclusive license to use feedback you provide to improve the Services.
14. Privacy
Our Privacy Notice (posted on the Site) explains how we collect, use, and share personal information. By using the Services, you consent to those practices. If there is a conflict, these Terms govern for commercial terms; the Privacy Notice governs personal data processing.
15. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, extreme weather, natural disasters, war, labor disputes, epidemics, embargoes, shortages, power or transport failures, or government actions.
16. Compliance & Export
You will comply with all applicable laws, including safety, environmental, anti-corruption, and export controls. You will not use the Products in prohibited applications or jurisdictions.
17. Suspension & Termination
We may suspend or terminate access to the Site or cancel Orders for legitimate reasons, including nonpayment, safety concerns, suspected fraud, or legal compliance. Termination does not relieve you of accrued payment obligations.
18. Dispute Resolution; Governing Law
18.1 Governing Law. These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules, and the Federal Arbitration Act where applicable.
18.2 Arbitration. Except for claims that may be brought in small claims court or for injunctive relief, any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Venue/seat: Salt Lake County, Utah. You and we waive any right to a jury trial and to participate in class actions.
18.3 Injunctive Relief. Either party may seek temporary or permanent injunctive relief in a court of competent jurisdiction to protect confidential information or intellectual property.
19. Notices
Notices must be in writing and deemed given when (a) delivered by hand; (b) sent by reputable overnight courier; or (c) emailed with confirmation to the addresses below:
California Cement — Attn: Legal
Address: [Company Address]
Email: [[email protected]]
Notices to you may be sent to the billing, shipping, or email address on file.
20. Assignment
You may not assign or transfer these Terms without our written consent. We may assign to an affiliate or in connection with a merger, sale, or reorganization.
21. Changes to the Terms
We may update these Terms from time to time. Material changes will be posted on the Site with a new effective date. Continued use after the effective date constitutes acceptance of the updated Terms.
22. Miscellaneous
Severability. If any provision is unenforceable, the remainder remains in effect.
No Waiver. Failure to enforce a right is not a waiver.
Entire Agreement. These Terms, together with accepted quotes or written agreements, are the entire agreement regarding the Services and supersede prior discussions.