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Ozinga

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) ACCEPTANCE OF 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 HEREBY EXCLUDED AND 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.
  3. ELECTRONIC ACCEPTANCE AND RECORDS. Customer agrees that electronic acceptance of this Agreement, including by clicking “I Acknowledge,” 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.). Customer agrees that electronic records of acceptance maintained by Ozinga shall be admissible and sufficient evidence of Customer’s assent to this Agreement.
  4. CHOICE OF LAW AND MANDATORY ARBITRATION. 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.
  5. 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. 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.
  6. 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.
  7. PAYMENT TERMS. All sales are made on a Cash on Delivery (COD) basis. 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. 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.
  8. 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.
  9. 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.
  10. 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. 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. 
  11. 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.
  12. 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 on ongoing obligation on Ozinga to sell additional concrete to Customer.  
  13. 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.
  14. 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.
  15. 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.
  16. FLORIDA ADDENDUM. For Florida Customers, “Ozinga” shall refer to Ozinga South Florida, Inc.
  17. AUTHORITY; AGENCY; JOINT RESPONSIBILITY. Customer represents and warrants that they have 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.

Terms and Conditions last updated on March 19, 2026.