Terms & Conditions

These Terms and Conditions (“Terms”) govern all sales, orders, and services provided by Concrete Construction Supply, Inc. (“CCS”) related to the fabrication and delivery of rebar and associated concrete construction materials. By placing an order or accepting delivery of fabricated materials, the customer (“Customer”) agrees to be bound by these Terms.

1. Payment Terms. Unless otherwise agreed upon in writing, the following payment terms apply to all sales, orders, and deliveries by CCS. For certain one-off or walk-in purchases made directly through a CCS store or without a written quote, payment is due in full at the time of purchase.
   • Fabrication Charge. All fabricated rebar and related materials delivered to a job site will be invoiced in full at the time of delivery, regardless of installation status, unless otherwise specified in a separate written agreement signed by both parties.
   • Payment Due Date. Payment for all invoices is due in full by the 10th day of the month immediately following the date of purchase (invoice date). Any amount not paid when due will accrue interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is less, until paid in full. Customer shall not set off or withhold any amounts due to CCS under these Terms against any amounts allegedly owed by CCS to Customer, whether arising under these Terms or otherwise. Until CCS receives full payment, CCS retains and Customer grants to CCS a purchase money security interest in all goods supplied. Customer expressly authorizes CCS to file any financing statements or other documents deemed necessary by CCS to perfect or protect its security interest, and agrees to take any actions reasonably requested by CCS to effectuate the same.
   • Retainage shall not be withheld for cost of material. Retainage on projects shall be limited to 5% and shall be due in full within 90 days following final delivery or installation.
   • Rush Orders. CCS reserves the right to assess additional fees on rush or expedited orders. Rush orders are subject to material availability and shop capacity. Applicable surcharges will be communicated prior to processing, and acceptance of the rush order constitutes agreement with the adjusted pricing.
   • Quote terms. CCS will honor any quoted price for up to thirty (30) days on rebar, accessories, and special quotes. The 30-day period is subject to change due to circumstances outside of CCS control, Material pricing, tariffs, lead time, shipping, or other market factors.
   • Delivery and Offload. Shipments exceeding six thousand (6,000) lbs. require the Customer to provide equipment and personnel to offload the shipment, unless otherwise specified by CCS in writing. If Customer fails to provide equipment or manpower on site to offload, CCS may detach from the trailer and leave it on site until offloading occurs. A trailer drop fee not exceeding $200.00 per day will apply, beginning at the time of trailer drop and recurring every 24 hours until retrieval. Customer is responsible for notifying CCS once offloading has occurred.
     
     
2. Change Orders and Cancellations. All change orders must be submitted to and acknowledged in writing by CCS and may result in additional charges, revised pricing, or extended lead times at CCS’s discretion. No verbal change orders are binding. After fabrication or processing has begun, orders may be cancelled or modified only with CCS’s prior written consent and subject to payment of all costs, expenses, and fabrication charges incurred or committed as of the cancellation date. For materials specially ordered, fabricated, or processed and not reasonably resalable in the ordinary course of business, Customer shall pay the contract price upon cancellation or modification. If CCS subsequently realizes any net proceeds from a bona fide resale or other disposition of such materials within ninety (90) days of cancellation, CCS will credit Customer the amount actually received, less reasonable costs of resale. Customer remains liable for all costs, expenses, and damages resulting from any cancellation or modification.
   
   
3. Material Tracking and Quality Assurance.
   • aSa Material Tracking System. CCS utilizes the aSa Material Tracking system (“Material Tracking”), which uses barcode scanning and digital recordkeeping to document every stage of fabrication, processing, and delivery of rebar and related materials. Material Tracking records date, time, operator, equipment, and production steps associated with each bundle or fabricated item. The Material Tracking system provides a real-time, tamper-resistant record of each fabrication operation, including shearing, bending, end preparation, bundling, and loading for shipment. Material Tracking is designed to, among other things: (i) warn CCS personnel of discrepancies or missed fabrication steps before delivery; (ii) allow prompt resolution of missing bundle or production status inquiries; and (iii) associate heat numbers and production data with each item, as required by applicable industry standards.
   • Customer Access and Dispute Resolution. Upon written request, and solely for purposes of quality verification or resolving claims regarding fabrication or delivery, CCS will provide the Customer with relevant Material Tracking reports or data pertaining to the specific order at issue. CCS may redact or withhold proprietary or personnel information not material to the dispute.
   • Conclusive Evidence. Material Tracking records shall constitute prima facie evidence of fabrication, processing, and delivery events, including but not limited to the completion of specific production steps, the timing of operations, and the delivery of goods. In the event of any dispute as to whether an item was fabricated, processed, or delivered in accordance with these Terms, Material Tracking records will be presumed accurate and binding absent clear and convincing evidence to the contrary.
   • Nothing in this section shall obligate CCS to maintain Material Tracking data beyond its ordinary record retention period, or to provide raw data or system access to the Customer, except as expressly provided above.
     
     
4. Title and Risk of Loss; Inspection and Claims. Title and risk of loss pass to Customer upon delivery or pickup. Customer must inspect goods immediately on delivery and note any visible shortages or defects on the delivery ticket. Claims for shortages, defects, or nonconformity must be made in writing within 5 business days of delivery, with reasonable supporting documentation. Material Tracking records maintained by CCS constitute prima facie evidence of fabrication, processing, and delivery, and will be presumed accurate unless rebutted by clear and convincing evidence. Failure to give timely notice constitutes acceptance and waiver of all claims.
   
   
5. Warranties and Disclaimers. CCS warrants solely that fabricated products furnished under these Terms will, at the time of delivery, conform in all material respects to the written specifications and applicable American Society for Testing and Materials (“ASTM”) standards identified specified for the order. This warranty extends only to the original Customer. EXCEPT AS EXPRESSLY PROVIDED ABOVE, CCS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. No agent or representative is authorized to make any warranty except as expressly stated in these Terms. No warranty applies to goods misused, improperly installed, altered, abused, or damaged after delivery. Customer’s sole remedy for breach is, at CCS’s option, repair or replacement of the goods or refund of the price paid, provided CCS receives written notice within the claims period and is given an opportunity to inspect.
   
   
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CCS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, USE, OR GOODWILL, DELAY DAMAGES, JOB SITE DOWNTIME, OR CLAIMS OF THIRD PARTIES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF CCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CCS’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SALE, USE, OR PERFORMANCE OF ANY GOODS EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC GOODS GIVING RISE TO SUCH CLAIM, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVER. Any action against CCS for breach of these Terms or relating to any goods supplied must be commenced within one (1) year after the cause of action accrues. These Terms confer no rights or remedies on any person or entity other than CCS and the Customer.
   
   
7. Indemnification. Customer shall defend, indemnify, and hold harmless CCS and its affiliates, officers, employees, and agents from and against all claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or relating to: (i) Customer’s handling, unloading, storage, installation, or use of goods after delivery, except to the extent caused by CCS’s gross negligence or willful misconduct; or (ii) Customer’s breach of these Terms. Nothing herein shall be construed to require CCS to indemnify or hold harmless any party, including Customer or any third party, for any claims, losses, costs, or damages of any kind arising from or relating to the goods, services, or these Terms.
   
   
8. Force Majeure. CCS is not liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, war, terrorism, supply chain disruptions, pandemics, governmental actions, or inability to obtain materials. Delivery and performance times will be extended by the period of any such delay.
   
   
9. Governing Law, Dispute Resolution, Remedies, and Attorney Fees. These Terms are governed by the laws of the State of Idaho, with exclusive jurisdiction in the courts of Ada County, Idaho. Disputes under $5,000 shall be resolved exclusively in Ada County small claims court. All other disputes require good faith non-binding mediation in Ada County as a condition precedent to litigation. If mediation does not resolve the matter within sixty (60) days of written demand, either party may proceed to litigation. Each party bears its own costs and an equal share of mediator fees. The prevailing party in any action to enforce these Terms is entitled to reasonable attorney fees and costs. CCS is entitled to recover reasonable attorney fees and costs incurred in collecting overdue balances, whether or not suit is filed. Notwithstanding the foregoing, CCS reserves all rights and remedies at law or in equity, including the right to file, perfect, and enforce any lien, and to seek injunctive or equitable relief without first participating in mediation or dispute resolution.
   
   
10. Miscellaneous. The following provisions apply to all aspects of these Terms: (i) Entire Agreement. These Terms constitute the entire agreement between CCS and Customer and supersede all prior or contemporaneous agreements, representations, or understandings, oral or written, relating to their subject matter. Any additional or conflicting terms in Customer’s purchase order or other communications are expressly rejected and shall not apply unless specifically accepted in writing by CCS. (ii) Amendment. No amendment or waiver of these Terms is effective unless in writing and signed by an authorized CCS representative. However, CCS may amend these Terms prospectively at any time, in its sole discretion, by posting the revised Terms or providing written notice to Customer. Such amendments apply only to orders placed or contracts entered after the effective date of the revised Terms; prior transactions remain governed by the Terms in effect at the time of acceptance. (iii) Assignment. Customer may not assign or delegate any rights or obligations without CCS’s prior written consent; any attempted assignment without consent is void. No third party is intended to benefit from these Terms. (iv) Notice. Notices must be in writing and delivered to CCS at its principal place of business or as otherwise designated. (v) Headings. Headings are for reference only and do not affect interpretation. (vi) Cumulative Remedies.  All rights and remedies under these Terms and applicable law are cumulative unless expressly limited herein. (vii) Survival. Payment, warranty, indemnification, limitation of liability, and dispute resolution provisions survive expiration or termination. (viii) Acceptance. Acceptance of these Terms may be established by electronic signature, electronic communication, or by course of conduct, including placing orders, making payment, or accepting delivery. Electronic signatures and electronic transmissions are deemed effective as originals. (ix) Waiver. No waiver by CCS of any breach constitutes a waiver of any other or subsequent breach. (x) Severability. If any provision is found invalid or unenforceable, the remainder remains in effect. (xi) UCC. These Terms shall be supplemented by Article 2 of the Uniform Commercial Code as adopted in Idaho, except as expressly modified herein.