Contents
Contract Work
The work is specifically described on the delivery ticket. The Contract Work does not include any work that is not clearly indicated on the delivery ticket. The material is classified as unscreened fill material (unless otherwise stated). It may contain construction and organic materials. CDM & Associates Worldwide, LLC (“CDM”), subcontractors and or assigns, needs clear and unrestricted access to the loading and or delivery location. Damage caused by delivery within curb line will be “Customer’s” responsibility. CDM & Associates Worldwide, LLC and or assigns and subcontractors are not responsible for rubber tire marks or damage to the driveway while performing project work. CDM is not responsible for incidental settlement to any portion of the property. Customer authorizes project photos to be used in any future company literature. Prices are subject to change if not accepted within 30 days of quote.
Delivery Cancelation
CDM & Associates Worldwide, LLC and or assigns must receive a cancellation order three delays prior to scheduled delivery time. You may cancel this transaction, without any penalty or obligation, within 3 business days from the delivery date. If you cancel, any payments made by you under the contract will be returned within 10 business days following receipt of your cancellation. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice (see enclosed) or any other written notice, or send a fax or email to: CDM & Associates Worldwide, LLC and or assigns 5810 Kingstowne Center Dr. #120 / #188 Alexandria, VA. 22315. Cancellation must be received to be effective. The Customer is responsible for the entire delivery ticket charge. CDM & Associates Worldwide, LLC and or assigns reserves the right to charge for the total cost of the delivery material, when Customer’s personnel is not on site to accept delivery as ordered and CDM & Associates Worldwide, LLC and or assigns, has not been notified of the material delivery cancellation (as referenced above). CDM & Associates Worldwide, LLC and or assigns, will be held harmless for any and all costs for lack of or late delivery of any and or all construction materials. CDM & Associates Worldwide, LLC or its assigns and subcontractors will not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver provided Goods are delivered in a reasonable time or if such delay or failure is due to act of God, fire exceptional weather conditions, industrial action, hostilities, shortage of materials, equipment, power or other supplies, late delivery or performance or non-delivery by suppliers or sub-contractors, governmental order or intervention, export restrictions or any other cause whatsoever beyond the control of CDM.
Warranty
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The material is classified as unscreened fill material (unless otherwise stated) and may contain construction and organic materials. Material will not be delivered beyond the curb line without the authority of the signatory, landowner, customer, contractor, etc., believed to be the agent who assumes all responsibility for damage and delay. All customers will accept full responsibility for dumping beyond the curb line. Acceptance of material releases CDM & Associates Worldwide, LLC and or assigns and all subcontractors from liability for any damage caused by the use or delivery of the ordered material. Customer will accept all towing costs for our trucks if access is insufficient.
Disclaimer
It is the customer’s responsibility to comply with all Federal and Local Government Codes and Regulations for the delivery and placement of the ordered material. The customer promises to pay CDM & Associates Worldwide, LLC and or assigns, or subcontractor $85.00 per hour, per truck when job site conditions are above and beyond their control, if CDM & Associates Worldwide, LLC and or assigns, subcontractor are prevented from the timely loading or unloading of material (30 minutes upon the arrival of jobsite). CDM & Associates Worldwide, LLC and or assigns, subcontractor can execute this option when wait times exceed thirty (30) minutes. The signatory is responsible for all truck weight restrictions and any overweight tickets (penalty payments) issued by any official of the offending jurisdictions. The signatory is responsible for all truck tire and street cleanliness, as well as all tickets (penalty payments) issued by any official of the offending jurisdiction.
Entire Agreement
This agreement supersedes all agreements previously made between the parties. There are no other understandings or arrangements. CDM & Associates Worldwide, LLC and or assigns reserve the right to unilaterally rescind the Agreement prior to delivery with no liability to CDM & Associates Worldwide, LLC and or assigns.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Virginia as they apply to agreements entered into and to be performed entirely within Virginia between Virginia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CDM & Associates Worldwide, LLC and or assigns or subcontractors must be resolved by the General District Court located in Fairfax County, Virginia, unless the amount in controversy exceeds $25,000.00 in which case the Circuit Court of Fairfax County shall have exclusive jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Fairfax County, Virginia, USA for the purpose of litigating all such claims or disputes.
Modification
Except as stated above, this agreement cannot be changed, modified or discharged orally unless consent in writing is made by both parties. The maximum monetary damages for which CDM may be liable shall be the total contract amount payable to CDM & Associates Worldwide, LLC and or assigns. Delivery date is subject to change due to location of material, soil quality, weather, construction delays and a host of other and unique situations associated with the excavating and construction industry.
Past Due Policy
Customer understands that payment in full is due prior to delivery. A late charge of 5% will be assessed on any outstanding balance not paid within (3) days of completion of the Contract Work. An interest charge of 1.5% per month will be charge on any outstanding balance not paid within sixty (60) days of completion of the Contract Work. Customers shall be liable for all attorney’s fees incurred by CDM if CDM is the prevailing party in any litigation between the parties. ALL CHECKS ARE TO BE MADE OUT TO CDM & ASSOCIATES WORLDWIDE, LLC AND OR ASSIGNS. All business communications are to be done via mail to the office and/or email. CDM & Associates Worldwide, LLC and or assigns may unilaterally rescind the delivery order with no liability to CDM & Associates Worldwide, LLC and or assigns whatsoever upon 24 hours notice.
Authority
The signatory acknowledges ownership and or authority to order and direct placement of the pickup and or delivered material at the referenced address. The signatory agrees not to load hazardous, contaminated and or toxic materials of any kind and will hold CDM & Associates Worldwide, LLC and or assigns and any all subcontractors harmless for any violation.
Binding Effect
This agreement shall be binding upon the heirs, successors, personal representatives and assigns of the parties.
Damage Limitation
In no event shall the liability of CDM under this Agreement exceed the amount paid or payable under the contract. The maximum monetary sole remedy shall be the total money paid to CDM. Tender of payment is customer’s certification that all contracted work has been completed as specified and in accordance to the delivery ticket.
Last Revision: May 22, 2018
