Terms & Conditions

1. Acceptance of Terms. By accessing, browsing, and using this website (salomoneapp.com) and all associated services, features, content, and functionality ("Service"), you acknowledge and agree that you have read, understand, and fully accept all terms, conditions, and notices contained in these Website Terms of Use and the Concrete Transaction Terms & Conditions below. Your use of the Service constitutes acceptance of these terms. If you do not accept these terms in their entirety, you are not permitted to use the Service.

2. Eligibility and Authorization. To use the Service, you must: (a) be at least 18 years of age; (b) have the legal authority to enter into binding agreements on behalf of your business or entity; (c) represent and warrant that you are not legally prohibited from using the Service; (d) be authorized by your employer or principal to place orders for materials; and (e) provide accurate, current, and complete information during registration and at all times. If you are entering into these terms on behalf of a business or entity, you represent that you have full authority to bind such entity to these terms.

3. Account Registration and Security. You are solely responsible for maintaining the confidentiality of any login credentials, passwords, API keys, or authentication tokens associated with your account. You agree not to share your credentials with any third party. You are responsible for all activity that occurs under your account, whether authorized or unauthorized. Salomone Redi-Mix, L.L.C. is not liable for unauthorized use of your account. You agree to notify Salomone Redi-Mix, L.L.C. immediately of any unauthorized access or use of your account. You must provide accurate, complete, and current information during registration and keep such information updated.

4. Permitted Use. The Service is provided for the limited purpose of ordering ready-mix concrete and related materials from Salomone Redi-Mix, L.L.C., managing your account, viewing product information and pricing, calculating concrete estimates, submitting photos for job estimates, and communicating with Salomone Redi-Mix, L.L.C. regarding orders and services. Your use of the Service must be consistent with all applicable federal, state, and local laws, rules, and regulations. You agree to use the Service only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Service.

5. Prohibited Conduct. You agree that you will NOT: (a) use automated tools, robots, scrapers, crawlers, or bots to access, monitor, copy, or collect content or data from the Service; (b) attempt to gain unauthorized access to any portion or feature of the Service through hacking, password mining, or any other method; (c) interfere with or disrupt the integrity, performance, or normal operation of the Service or its servers; (d) impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity; (e) upload, transmit, or distribute any viruses, malware, or malicious code; (f) reverse engineer, decompile, or attempt to derive the source code of any software or technology used in the Service; (g) engage in any form of harassment, abuse, or threatening conduct toward Salomone Redi-Mix, L.L.C. employees or other users; (h) use the Service to spam, phish, or commit fraud; (i) bypass any access controls, rate limits, or security measures; or (j) access or collect personally identifiable information of other users without consent.

6. Intellectual Property Rights. All content, materials, designs, text, graphics, logos, images, software, and functionality available on the Service, including but not limited to the website layout, selection and arrangement of content, and underlying source code ("Content"), are the exclusive property of Salomone Redi-Mix, L.L.C. and/or its affiliates and licensors, and are protected by U.S. and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to view and use the Content solely for the purpose of using the Service as intended. You may not modify, reproduce, distribute, transmit, perform, display, or sell any Content without the prior written consent of Salomone Redi-Mix, L.L.C.

7. User-Generated Content and Photo License. If you submit any photographs, images, drawings, or other materials ("User Content") to the Service, including for purposes of obtaining job estimates, you grant Salomone Redi-Mix, L.L.C. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such User Content in connection with providing services, improving the Service, and related business purposes. You represent and warrant that: (a) you own all rights to the User Content or have obtained all necessary permissions; (b) the User Content does not infringe any third-party intellectual property or privacy rights; and (c) you have the authority to grant the licenses herein. You acknowledge that Salomone Redi-Mix, L.L.C. may use such photos or information in estimating, processing, or fulfilling orders.

8. Disclaimer of Warranties for Website. THE SERVICE, INCLUDING ALL CONTENT, FEATURES, AND FUNCTIONALITY, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SALOMONE REDI-MIX, L.L.C. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTY OF MERCHANTABILITY; (B) THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) THE IMPLIED WARRANTY OF TITLE; (D) THE IMPLIED WARRANTY AGAINST INFRINGEMENT; AND (E) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Salomone Redi-Mix, L.L.C. does not warrant that: (1) the Service will be uninterrupted, error-free, or secure; (2) the Service will meet your expectations or requirements; (3) any defects or errors will be corrected; (4) the accuracy, reliability, or completeness of any information provided through calculators, estimators, or the Service; or (5) the Service will be available at all times without downtime, maintenance, or technical issues. Concrete calculators and estimators provided through the Service are for approximation purposes only and do not constitute guarantees of volume, consistency, or delivery feasibility.

9. Limitation of Liability for Website Use. IN NO EVENT SHALL SALOMONE REDI-MIX, L.L.C., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO: (A) LOSS OF REVENUE, PROFITS, OR ANTICIPATED SAVINGS; (B) LOSS OF BUSINESS, CONTRACTS, OR OPPORTUNITY; (C) LOSS OF GOODWILL OR REPUTATION; (D) LOSS OF DATA OR INFORMATION; (E) INTERRUPTION OR UNAVAILABILITY OF THE SERVICE; (F) UNAUTHORIZED ACCESS OR DATA BREACH; (G) RELIANCE ON THE ACCURACY OF CALCULATOR RESULTS, ESTIMATES, OR INFORMATION PROVIDED THROUGH THE SERVICE; (H) THIRD-PARTY ACTIONS OR STATEMENTS; (I) YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR (J) ANY OTHER LOSS OR DAMAGE OF ANY KIND. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SALOMONE REDI-MIX, L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU. IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification. You agree to indemnify, defend, and hold harmless Salomone Redi-Mix, L.L.C., its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from: (a) your use of or inability to use the Service; (b) your violation of these terms or any applicable law or regulation; (c) your infringement or misappropriation of any intellectual property or other rights; (d) your breach of any representation, warranty, or obligation under these terms; (e) your User Content or submissions; (f) your gross negligence or willful misconduct; or (g) any dispute between you and third parties related to your use of the Service. This indemnification obligation applies regardless of the form of liability (contract, tort, negligence, strict liability, or otherwise) and your indemnification obligation shall survive termination of these terms.

11. Third-Party Links and Services. The Service may contain links to third-party websites and services, including but not limited to Google Maps, weather services, and other external resources ("Third-Party Services"). Salomone Redi-Mix, L.L.C. does not endorse, control, or assume responsibility for the accuracy, legality, appropriateness, or functionality of any Third-Party Services or content. Your use of Third-Party Services is subject to their own terms, conditions, and privacy policies. SALOMONE REDI-MIX, L.L.C. SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR CLAIM ARISING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY SERVICES OR THEIR CONTENT. You are solely responsible for independently evaluating the suitability and risks of using any Third-Party Services.

12. Privacy and Data Protection. Your use of the Service is subject to Salomone Redi-Mix, L.L.C.'s Privacy Policy, available at salomoneapp.com/privacy. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. Salomone Redi-Mix, L.L.C. may update its Privacy Policy from time to time, and your continued use of the Service constitutes acceptance of any updated privacy terms.

13. Modifications to Terms. Salomone Redi-Mix, L.L.C. reserves the right to modify, amend, or update these Terms of Use at any time, in its sole discretion, with or without notice. Changes will be effective immediately upon posting to the Service. Your continued access to or use of the Service following any modification constitutes your acceptance of the modified terms. If you do not agree to any modification, your sole remedy is to discontinue use of the Service. It is your responsibility to review these terms periodically for changes.

14. Electronic Communications Consent. By using the Service and registering for an account, you consent to receive communications from Salomone Redi-Mix, L.L.C. electronically, including via email, text message, in-app notifications, and other electronic means. You agree that all notices, agreements, disclosures, and other communications required by these terms or applicable law may be provided electronically. You acknowledge that electronic communications have the same legal effect as printed communications.

15. Governing Law and Jurisdiction. These Website Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Bergen County, New Jersey for the resolution of any dispute arising from or related to the Service or these terms. You waive any objection based on inconvenient venue or lack of personal jurisdiction.

16. Severability. If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall remain in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

17. Entire Agreement. These Website Terms of Use, together with the Concrete Transaction Terms & Conditions, the Privacy Policy, and any other agreements or terms referenced herein, constitute the entire agreement between you and Salomone Redi-Mix, L.L.C. regarding your use of the Service and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, between the parties.

18. Force Majeure. Salomone Redi-Mix, L.L.C. shall not be liable for any failure or delay in performance under these terms resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemic, epidemic, shortages of materials or labor, weather conditions, or government actions. In such events, Salomone Redi-Mix, L.L.C. shall be excused from performance for the period of delay or inability to perform.

19. Contact Information. For questions about these Terms of Use or the Service, please contact Salomone Redi-Mix, L.L.C. at: Salomone Redi-Mix, L.L.C., 17 Demarest Drive, Wayne, NJ 07470, Phone: (800) 552-0248.

1. Application. These Terms and Conditions apply to any and all orders and/or purchases of materials from Salomone Redi-Mix L.L.C., and/or its Affiliates ("Seller"). The provisions of any written quote provided by Seller to Buyer shall include these Terms and Conditions.

2. Cash Sales. Payment must be made prior to delivery. Buyer is responsible for all charges for materials and any and all additional charges levied by Seller pursuant to Seller's current price list, including but not limited to charges for delivery, admixture(s), short load fee, standby time and washout. In the event a check is not promptly honored by the bank on which it is drawn, Buyer is responsible for a monthly finance charge of 1.5% of the amount of the dishonored check as well as Seller's costs of collection, including but not limited to attorney's fees, collection fees, bank fees and court costs.

3. Credit Sales. Sales on account must be pre-approved by Seller pursuant to a separate credit agreement between Buyer and Seller. Payment terms are net 30 days from date of invoice unless otherwise noted in the credit agreement. Amounts not paid within the payment terms will be considered past due and subject to a monthly finance charge of 1.5%. Salomone Redi Mix L.L.C., and/or its Affiliates reserve the right to place the Buyer on credit hold in the event the Buyer does not comply with the terms of the credit agreement. In the event an account is past due Salomone Redi Mix LLC., and/or its Affiliates will seek all legal remedies available to satisfy the debt. Send all payments to 17 Demarest Dr., Wayne, N.J. 07470.

4. Acceptance of Materials. Before unloading Buyer shall confirm that the materials listed on the reverse are the materials ordered. Once materials are unloaded, Buyer's acceptance is final.

5. Access and Site Conditions. Buyer is solely responsible for providing access beyond the curb at delivery location which is reasonable and safe as determined by Seller's driver at time of delivery. Seller reserves the right to refuse delivery unless and until reasonable and safe access is provided, and Buyer shall pay in full all costs for materials which cannot be delivered because of unreasonable or unsafe access. Buyer waives and releases Seller and its employees, agents, and contractors from any and all claims of damage to property arising from the delivery of materials, including but not limited to damage to curbs, sidewalks, driveways, roads, buildings, overhead wires and underground improvements. Buyer agrees to indemnify and hold Seller harmless from and against any and all liability, loss, and/or expense claimed by Buyer or any third party and arising from the delivery of materials. Buyer is solely responsible for providing trackout and washout provisions to mitigate any impacts to public streets as a result of the delivery. Buyer is responsible for costs associated with traffic control, in the event Buyer's negligence causes Seller to receive a summons and or fine the Buyer will be solely responsible for all costs associated with remedying same.

6. Mix Designs. Seller is not responsible for selection of a mix design for use in a specific project, job or application. Seller's mix designs meet design strengths when tested using current ASTM standards and evaluated in accordance with ACI standard practices. Buyer shall provide all concrete test results to Seller. Mix designs provide for minimum cementitious content and Seller reserves the right to increase cementitious content. Ad-mixture amounts are per manufacturer's recommendations and may be adjusted by Seller to maintain mix design properties. Aggregate weights may be adjusted by Seller to maintain proper yield and to comply with grading specifications. Buyer is responsible to notify Seller of any approved mix design(s) when placing an order.

7. Color. Seller does not guarantee the finish color of the concrete or in cases where a dye is used Seller does not guarantee that the colored materials will exactly match samples. Buyer is responsible for following manufacturer's procedures, best practices and industry standards when placing, finishing and curing concrete with or without dye.

8. Warranty. Seller guarantees that at delivery, the materials will comply with the mix design specifications utilizing the materials listed on the reverse, including but not limited to applicable ASTM standards. Where Buyer has specified the compressive strength of material, Seller guarantees that the material meets the specified compressive strength when properly placed, finished, cured, and tested in accordance with applicable ASTM and ACI standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THESE TERMS AND CONDITIONS, AND SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

9. Buyer's Responsibility. Buyer is solely responsible for and Seller's warranty does not apply to: (1) finished work in which the Seller's materials will be used, as Seller has no control over the handling, placing, finishing, or curing of materials; (2) quality of any material to which Buyer has added any substance, including but not limited to water; and/or (3) contact of the materials to contaminants or deleterious substances, including but not limited to reactive soils and minerals. Material volume is determined by ASTM standards and does not necessarily represent volume yields when placed.

10. Limit on Liability. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM NEGLIGENCE OF SELLER OR OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY AND BUYER'S SOLE REMEDY IS REFUND OF THE PURCHASE PRICE OF THE MATERIALS PURCHASED.

11. Delays and Cancellations; Substitutions. Seller shall not be responsible for delivery delays whether or not attributable to traffic, weather, plant or equipment breakdown, unavailability of materials, strikes, lockouts, and/or labor disputes. Materials and delivery times are subject to prior reservation and may not be available on a particular day. Seller reserves the right to provide Buyer with material(s) that meet or exceed the specifications of the material(s) ordered and/or ship materials from a location other than specified on the order.

12. Attorneys' Fees. In the event of any litigation between Buyer and Seller under this agreement, the prevailing party shall be entitled its attorney's and/or collection fees and costs.

13. Controversies and Claims Subject to Arbitration or Litigation. Any controversy or Claim arising out of or related to the Contract, or breach thereof, shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, or at Salomone Redi Mix, L.L.C., and/or its Affiliates sole discretion, by litigation in a court of competent jurisdiction with locale to be Bergen County, NJ. If arbitration is selected and a judgment upon the award is rendered by the arbitrator, the arbitrator's award may be entered and confirmed in any court having jurisdiction thereof.

14. Modification. These Terms and Conditions may be modified only in writing and signed by Seller's General Manager or other officer.

15. Wash Out. Buyer is responsible for providing lawful area for the driver to wash/rinse off his chutes (also known as washing out). IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RESULTING FROM WASHING OUT OR FROM NEGLIGENCE OF SELLER OR OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY.

16. Sales Tax. Prices do not include sales tax. If project is deemed tax exempt all proper documentation must be provided prior to project commencement.

17. Price Changes. Prices are subject to immediate change without notice.

18. Precedence. In the event of any conflict, inconsistency or ambiguity, this estimate or quote and these terms and conditions shall govern, control and have precedence over any other agreement or documentation.