Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) SHALL BECOME A LEGALLY BINDING AGREEMENT BETWEEN YOU (“CUSTOMER”) AND OZINGA READY MIX CONCRETE, INC. (“OZINGA”) UPON THE EARLIER TO OCCUR OF: (A) DELIVERY OF CONCRETE; OR (B) CUSTOMER’S ELECTRONIC ACCEPTANCE OF THESE TERMS AND CONDITIONS..

1. DISCLAIMER OF WARRANTIES.   ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANSHIP, ARE EXPRESSLY EXCLUDED BY OZINGA AND WAIVED BY CUSTOMER. OZINGA DOES NOT WARRANT THE PERFORMANCE OF CONCRETE WHICH IS NOT ADEQUATELY CURED OR IS IMPROPERLY HANDLED AND/OR FINISHED.
2. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no circumstances shall Ozinga be liable to Customer for lost profits (whether direct or indirect), costs of substitute goods, or for incidental, consequential, punitive, special, or exemplary damages (including, but not limited to, damage to business reputation or goodwill), or indirect damages of any type however caused, whether by breach of representation or warranty, breach of contract, in tort, negligence, or any other legal or equitable cause of action, even if Ozinga has been advised of such damages in advance or if such damages are foreseeable and regardless of whether Customer is liable for such damages to any third party. The maximum aggregate liability of Ozinga and its affiliates to Customer and Customer’s affiliates, under any theory of tort, contract, strict liability, or other legal or equitable theory, arising out of or relating to this Agreement and all applicable orders placed for concrete, will not exceed the total fees paid by Customer to Ozinga for such applicable orders from which the claim arose during the 12 months preceding the claim. The liability limitations herein apply regardless of whether the claim sounds in contract, tort, strict liability, negligence, or otherwise. Customer’s sole and exclusive remedy for any concrete that fails to conform to this Agreement is, at Ozinga’s option, replacement of the nonconforming concrete or a credit or refund of the price paid for it.
3. INDEMNIFICATION. To the fullest extent permitted by law, Customer agrees to indemnify, defend, and hold harmless Ozinga, and Ozinga’s parents, subsidiaries, affiliates, officers, agents, owners, managers, and employees  from any and all liability, claims, demands, actions, causes of action, loss, liability, property damage, injury or death to any person, damage or cost, including court costs and attorney fees, in any way arising out of or due to the Customer’s acts or omissions, or the acts or omissions of Customer’s invitees, customers, affiliates, employees, agents, contractors, or subcontractors. The Customer’s indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by any immunity under applicable workers’ compensation law, or any other employee benefit act, and Customer waives any such limitation or immunity in favor of the parties required to be indemnified under this article. 
4. ELECTRONIC ACCEPTANCE AND RECORDS. Customer agrees that in cases of electronic acceptance of this Agreement, including by clicking “I Acknowledge,” same constitutes a legally binding electronic signature under applicable law, including but not limited to the Illinois Uniform Electronic Transactions Act (815 ILCS 333/1 et seq.), the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), the Indiana and Florida enactments of the Uniform Electronic Transactions Act (Ind. Code § 26-2-8-101 et seq.; Fla. Stat. § 668.50), and such other applicable law. Customer agrees that electronic records of acceptance maintained by Ozinga shall be admissible and sufficient evidence of Customer’s assent to this Agreement. 
5. CHOICE OF LAW, MANDATORY ARBITRATION, AND WAIVER OF JURY TRIAL. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provisions. Any dispute arising out of or relating to this Agreement or the concrete supplied shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in Chicago, Illinois, under its Commercial Arbitration Rules. The arbitrator shall have experience in construction materials or construction disputes. Judgment on the award may be entered in any court having jurisdiction. The arbitrator shall decide all questions of arbitrability and the scope and enforceability of this section. Disputes shall be arbitrated on an individual basis only, and not as a class, collective, or representative action. The existence and content of any arbitration and any award shall be kept confidential, except as needed to enforce an award or as required by law. Notwithstanding the foregoing, and without waiving its right to arbitrate, Ozinga may bring an action in court to collect amounts owed under this Agreement and to file, perfect, and foreclose any mechanic’s lien or other lien or security interest, and either party may seek temporary, preliminary, or injunctive relief in court or pursue a claim within the jurisdiction of a small claims court. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE CONCRETE SUPPLIED, INCLUDING ANY COURT PROCEEDING TO COMPEL ARBITRATION OR TO CONFIRM, VACATE, OR ENFORCE AN AWARD.
6. SITE CONTROL; THIRD-PARTY USERS. Customer represents and warrants that it controls the jobsite where the concrete will be delivered and is responsible for all persons present at or performing work at the site, including employees, contractors, subcontractors, volunteers, helpers, and invitees (“Site Participants”). Customer agrees to provide Ozinga’s burn warnings and safety instructions to all Site Participants prior to their contact with the concrete. Ozinga’s burn warning, which is also printed on the delivery ticket, states: FRESH CONCRETE IS CAUSTIC AND CAN CAUSE SEVERE CHEMICAL BURNS. AVOID PROLONGED SKIN CONTACT, WEAR WATERPROOF BOOTS, GLOVES, AND EYE PROTECTION, AND IMMEDIATELY WASH CONCRETE FROM SKIN OR EYES WITH CLEAN WATER AND SEEK MEDICAL ATTENTION IF IRRITATION OR PAIN DEVELOPS. Customer understands and agrees that Ozinga does not supervise, control, or direct the manner in which concrete is handled, placed, finished, or cured at the jobsite. Customer retains exclusive control over jobsite safety and means and methods of construction. Customer assumes all risk of injury to Site Participants arising from handling, placing, finishing, curing, or contacting the concrete after delivery and shall indemnify, defend, and hold harmless Ozinga from any claim brought by a Site Participant to the extent arising from (i) failure to communicate warnings, (ii) improper handling or finishing, or (iii) unsafe jobsite practices not under Ozinga’s control. 
7. NOTICE OF CLAIM; LIMITATION PERIOD. Any claim relating to the concrete supplied must be made in writing within seven (7) days of delivery. Any action arising out of this Agreement must be commenced within one (1) year of delivery of the concrete, or within any longer period that applicable law does not permit to be shortened by agreement. 
8. PAYMENT TERMS. All sales are made on a Cash on Delivery (COD) basis, unless Ozinga has approved a written credit application for Customer, in which case the payment terms of that approved credit application control. Where COD terms apply, payment for all products and services shall be due in full prior to delivery and may be made by cash or credit card. If the Customer elects to pay by credit card, the Customer hereby authorizes Ozinga to charge the card for (i) the full amount of the initial order, and (ii) any additional charges incurred in connection with the supply of products or services, including without limitation additional quantities consumed, accessorial or service fees, delivery‑related charges, taxes, and any other applicable fees. By providing credit card information, the Customer expressly agrees that Ozinga may process such additional charges without further notice or additional authorization, provided such charges relate to the products or services furnished. In the event Ozinga undertakes collection efforts for any past‑due amounts, the Customer agrees to pay all associated costs of collection, including attorneys’ fees. Any unpaid balance outstanding after forty‑five (45) days may result in the placement of liens to secure payment. Quoted prices are applicable if used. Taxes are not included. Customer shall pay all standby time, washout, short-load, and other jobsite charges stated in Ozinga’s quote, delivery ticket, or then-current price schedule, which are incorporated into this Agreement by reference. Customer shall pay Ozinga’s then-current fee, not to exceed the maximum permitted by law, for any returned check, declined payment, or chargeback. Customer shall provide a valid tax exemption certificate before delivery to claim any exemption from sales or use tax. Where permitted by law and disclosed to Customer, Ozinga may add a surcharge to credit card payments. Prices are subject to change after thirty (30) days and are further subject to adjustment in the event of any change in the scope of the project.
9. FAILURE OF PAYMENT. If Customer fails to timely pay Ozinga for goods and services provided in accordance with the applicable terms for payment, Ozinga may stop supply of goods and/or services.  Ozinga shall not be responsible for any damages incurred by or claimed by Customer resulting from stopping the supply of goods and/or services as a result of this paragraph. Customer agrees to pay finance charges of 1.5% per month (18% per annum) on any amounts that remain unpaid after the delivery date. 
10. WATER WARNING. This concrete is designed to give required strength when placed and tested in accordance with A.C.I. and A.S.T.M. standards. Adding water to concrete at job will reduce concrete’s strength. Adding water will only be done at the Customer’s request and risk. Ozinga assumes no responsibility for the performance of concrete when additional water, or other material, has been added at the jobsite. 
11. ACKNOWLEDGEMENT. Customer acknowledges receipt of material in good condition and authorizes water and color to be added to the load at jobsite as indicated. Ozinga cannot, and therefore does not, guarantee color or air content of hardened concrete. Customer is responsible for selecting a mix design, strength, and specifications suitable for its project and for the structural design of the work. Shrinkage, cracking, curling, and surface imperfections can occur in properly placed and cured concrete and are not defects. Tests for slump and air content shall be made in accordance with procedures listed in the current ASTM C94 and by certified field inspectors. Ozinga will always strive to deliver materials in a timely manner but at times delays in delivery may occur. Ozinga will not accept back charges for service issues. 
12. FORCE MAJEURE; DELAYS. Ozinga is not liable for any delay in or failure of delivery or performance caused by events beyond its reasonable control, including weather, acts of God, fire, flood, equipment or truck breakdown, plant outage, shortage or unavailability of materials, fuel, or drivers, labor disputes, governmental action, road or traffic restrictions, and utility or transportation failures. Delivery times are estimates only. Ozinga may allocate its available supply among customers in its discretion and may suspend or cancel affected orders without liability. 
13. RESPONSIBILITY. Customer assumes responsibility for providing a suitable roadway for Ozinga’s trucks to traverse, from public roadways to place of delivery of material. Ozinga assumes no responsibility for damage incurred or caused by its trucks when directed to drive off public roadways. Additionally, Customer accepts full, legal responsibility and, to the fullest extent permitted by law, shall indemnify, defend, and hold harmless Ozinga from and against any and all claims, demands, actions, causes of action, loss, liability, property damage, serious injury, and/or death, including court costs and attorneys’ fees, which may arise as a result of: (i) the condition of any roadway provided by Customer for Ozinga’s trucks; (ii) directing Ozinga’s trucks to drive off a public roadway; (iii) adding more than the manufacturer-supplied chute extensions to Ozinga’s trucks; or (iv) Customer’s negligent acts, omissions, or intentional misconduct. 
14. NO CONTINUING OBLIGATION TO SELL. Unless specifically agreed to in writing, the shipment of concrete by Ozinga in response to a particular purchase order or request for supply does not create an ongoing obligation on Ozinga to sell additional concrete to Customer.   
15. SEVERABILITY.  In the event that any provision of this Agreement or the application of any such provision is held by a court or other tribunal to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. If any provision, including any indemnity, fee-shifting, or limitation period, cannot be enforced as written in a given jurisdiction, it shall be enforced to the maximum extent permitted by law in that jurisdiction. 
16. ENTIRE AGREEMENT.  These terms and conditions, together with any quote, submittal, invoice, delivery ticket, credit application, batch weight sheet, or other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter. The parties certify and acknowledge that they have not relied on any statement, representation, warranty, or agreement of the other party or of any other person on such party’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. These Terms and Conditions prevail over any of Customer’s general terms and conditions of purchase regardless of whether or when Customer has submitted its own purchase order or other document containing such terms. Fulfillment of Customer’s order does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms and Conditions.  To the extent that concrete is being used by Customer for a project that has specific or unique requirements, such requirements must be disclosed to Ozinga in writing at the time concrete is ordered by Customer. In the event of a conflict between these Terms and Conditions and any other agreement or understanding between the parties, whether written or oral, these Terms and Conditions prevail, except that the payment terms of a credit application approved by Ozinga control as to payment.
17. ATTORNEYS’ FEES. To the fullest extent permitted by law, should Ozinga bring any action or suit against Customer hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the Customer arising out of this Agreement, and Ozinga is the prevailing party, as determined by a court of competent jurisdiction or the arbitrator, then Ozinga shall be entitled to have and recover of and from Customer all costs and expenses of the action or suit, including actual attorneys’ fees, accounting fees, and any other professional fees resulting therefrom. 
18. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.  
19. FOB/PICKUP ORDERS. All FOB orders and concrete picked up by the Customer at an Ozinga plant are only guaranteed to meet specifications at the point of pickup. No performance (or other) guarantees or warranties are provided for such concrete once Customer leaves Ozinga’s property, at which point the performance of the concrete becomes the Customer’s sole and exclusive responsibility.
20. FLORIDA ADDENDUM. For Florida Customers, “Ozinga” shall refer to Ozinga South Florida, Inc. The estimated delivery date for the products purchased is the same as the price expiration date. 
21. AUTHORITY; AGENCY; JOINT RESPONSIBILITY. Customer represents and warrants that it has full authority to bind (i) Site Participants; (ii) the property owner(s), (iii) the contractor, and (iv) any person or entity controlling or supervising the jobsite where the concrete will be delivered (collectively, the “Jobsite Controller”) to these terms and conditions. If Customer is not the Jobsite Controller, the Customer represents and warrants that it is acting as the authorized agent of the Jobsite Controller and agrees that both the Customer and the Jobsite Controller shall be jointly and severally bound by and liable under this Agreement. In the event the Customer lacks such authority, the Customer agrees to be personally liable for all obligations arising under this Agreement, including indemnification obligations.
22. MODIFICATION OF TERMS. Ozinga may update these Terms and Conditions from time to time by posting the updated version on its website or providing it to Customer. Updated terms apply to all orders placed or delivered after the date shown, and Customer’s continued ordering or acceptance of delivery after that date constitutes acceptance. No other modification of this Agreement is effective unless in a writing signed by an authorized officer of Ozinga. 
23. GENERAL PROVISIONS. Customer may not assign this Agreement or any rights under it without Ozinga’s prior written consent, and Ozinga may assign it to any affiliate or successor. No failure or delay by Ozinga in enforcing any provision is a waiver of that provision or of any other right. Notices to Ozinga must be in writing and sent to the address shown on the applicable delivery ticket or invoice. Notices to Customer may be sent to the address, e-mail address, or telephone number shown on Customer’s order, credit application, or account. The provisions on warranty disclaimers, limitation of liability, indemnification, payment, dispute resolution, and limitation periods survive completion of any order. 

Terms and Conditions last updated on November 5, 2026.