Terms & Conditions

MMC Materials, Inc. and MMC Materials Gulf Coast, LLC (each individually a “Seller”) are engaged in the business of selling concrete products and certain ancillary services.  These Terms and Conditions of Sale (“T&Cs”) govern Seller’s provision of products, services, or a combination of both. 

Governing Terms.   By accessing, browsing, or otherwise using our website, requesting a quote, establishing a line of credit, placing an order, issuing a release, or accepting products or services from Seller, you acknowledge and agree that all products and services provided by or on behalf of Seller to you and/or your subsidiaries or affiliates (collectively “Customer”) shall be governed exclusively by: (i) these T&Cs; and (ii) the additional terms of any credit application provided by Seller and executed by Customer (each a “Credit Application”), which shall together control regardless of any additional or conflicting legal terms and/or conditions contained on or referenced in any quotation, order, acknowledgement, invoice, website, release, correspondence, request, proposal, or other document or form issued by or on behalf of Customer, including, but not limited to, at any time in the course of dealing or performance, all of which are hereby rejected and deemed void and of no force or effect. Seller’s acknowledgment and/or acceptance of an order shall not be deemed an acceptance of any such other terms and/or conditions or a waiver of the provisions hereof; instead, these T&Cs may only be modified, waived, supplemented, or superseded with the express prior written consent of an authorized officer of Seller. While the terms and conditions set forth in these T&Cs and a Credit Application are intended to supplement one another, in the event of a conflict between the terms and conditions set forth in these T&Cs and a Credit Application (if any), the terms and conditions that are more onerous on Customer, as determined by Seller in its sole discretion, shall control. Notwithstanding the foregoing, Seller reserves the right, in its sole discretion, to periodically revise these T&Cs.  The revisions shall become effective upon being posted to the Seller’s website and no further notice shall be necessary. Seller reserves the right to accept or reject any order.  Customer acknowledges that Seller’s provision of products and/or services is expressly conditioned on acceptance of these T&Cs, and Customer waives and agrees not to assert any argument under Uniform Commercial Code § 2-207 or similar statute to avoid, modify, or add to these T&Cs.

Payment Terms. Payment terms are thirty (30) days from date of invoice (the “Payment Date”) unless otherwise expressly agreed by Seller and Customer in writing; provided, however, Seller may, in its sole discretion, require full payment in cash before order entry, shipment, or delivery. Payments not received when due will be subject to a service charge of 1.5% per month until paid to cover the additional cost of handling the account.  Customer acknowledges and agrees that this charge is a “service charge” levied by Seller to reimburse Seller for the additional cost of carrying its delinquent account and that such charge is not an interest charge.  Customer shall also be responsible for interest on the outstanding balance at a rate of 8% per annum, or the maximum lawful rate, whichever is lower, of the outstanding invoice balance for each 30-day period or portion thereof past due.

When Seller deems itself insecure with respect to Customer’s ability to pay, Seller may, in its sole discretion: (a) withhold, defer, or cancel shipments and/or orders; (b) require cash in advance; and/or (c) demand immediate payment of all amounts then owed and pursue collection actions (including attorneys’ fees and costs of collection). Seller may also impose, revoke, or revise Customer’s credit limits, if any, at any time and for any reason. Customer agrees to give Seller current credit information, current annual financial statements, and proper authorizations for Seller to request financial information on Customer (including its subsidiaries and affiliates) from third parties, in each case, within five (5) days of request from Seller as a condition to beginning and/or continued credit extension or for any other reasonable purpose. All amounts and payments are in U.S. dollars. Seller may set-off and/or deduct for any sums owed by Customer (including its subsidiaries and affiliates). Customer has no right to withhold or set-off amounts against Seller or its affiliates.

All Sales Final.  All sales are final.  Once Customer places an order, Customer shall be responsible for paying the full amount of the order, regardless of whether Customer subsequently cancels the order, without refund or credit. 

Collection Costs.  If Seller retains legal or collection agency assistance to assist with collecting amounts due from Customer, responding to any other breach or potential breach of Customer, or responding to any claim, inquiry, or demand of Customer, all costs Seller incurs, including, but not limited to, legal expenses, interest, attorneys’ fees, and collectors’ expenses (collectively “Collection Costs”), shall be paid by Customer to Seller upon demand.  Customer shall be responsible for Collection Costs regardless of whether a lawsuit is commenced.  Further, Customer unconditionally waives its right to assert any statute, regulation, or judicial decision that places limits on the amount of necessary Collection Costs that Seller can recover from the Customer.

Prices and Taxes.  Unless otherwise agreed in writing by Seller, quoted prices are subject to change.  Prices do not include any federal, state, or local property, license, privilege, sales, use excise, gross receipts, or other similar taxes or assessments.  Such taxes, if any, shall be added to the purchase price and shall be paid by Customer unless Customer provides Seller with an exemption certificate acceptable to the taxing authorities.  Customer agrees to defend, indemnify, and hold Seller harmless for any demand, claim, or liability relating to an exemption certificate provided by Customer.  Any taxes or assessments that Seller may be required to pay or collect under existing or future law shall be for the account of Customer, who shall promptly pay the amount thereof to Seller upon demand. 

Deliveries.  Customer shall accept partial or pro rata deliveries in commercial units as full performance under Customer’s order if Seller is unable to fulfill Customer’s entire order in a single delivery.  Deliveries are subject to shipping and handling, freight, fuel, and related charges.  Title shall pass to Customer upon the earlier of Customer’s receipt of goods or delivery to the curb of the closest suitable public access point.  Seller assumes no responsibility for a suitable roadway from the public access to where material is to be unloaded.  Further, Seller assumes no responsibility for damage to property when asked to drive beyond the curb line.  Customer assumes all responsibility for damage done by or to our trucks after leaving the public access.  Customer will be charged $60.00 per hour (billed in 1/10th of an hour increments) if Seller’s truck is held on a job site for more than one hour.  After-hours and weekend charges may also apply and will be supplied, as needed, on a case-by-case basis.

Product Returns & Cancellation Policy

Products considered resale stocked items must be returned in original, new, and unused condition within 30 days of the original purchase date. A 15% restocking fee will be deducted from the original form of payment.

Returns are not accepted for poured concrete, aggregate materials, or non-stocked resale items such as colors and dyes.

Cancellations/changes for poured concrete must be made at least 1 hour prior to material being loaded onto the mixer truck for delivery. If cancellation is not received in a timely manner, the customer is responsible for payment for the full quantity of product loaded onto the truck. 

It is the customer's responsibility to verify that they are ordering the correct product and quantity for their job. If you order a product for delivery, there are significant costs involved to get it to your location. Once it is dumped out, the product is no longer viable for use in any other capacity. We recommend that customers or their representatives be available to receive the delivery of the product.