ACCEPTANCE OF TERMS

By placing an order, making a purchase, or accepting a delivery from Sunrock Industries Canada ULC (“Sunrock” “Company”, “we”, or “our”), you (“Customer” or “Customers”) agree to the following Terms & Conditions (“Terms”). These Terms apply to all concrete, aggregates, concrete delivery and other related supply services provided by Sunrock in Ontario, Canada.

ORDERS, PAYMENT & PRICING

All deliveries are Cash On Delivery (C.O.D.) unless otherwise agreed in writing.
Payment is due within thirty (30) days of delivery. Late payments may incur interest at a rate of 1.5% per month (19.56% per annum) on overdue balances as shown on invoices.
Orders require a minimum of one (1) full business day notice prior to delivery.
We reserve the right to increase prices to reflect any tax increases on materials legislated prior to project completion. Additional fees included in material prices are $1.84 Environmental Fees.
Prices are quoted per metric tonne based on full loads only for delivery or pickup during regular business hours (Monday–Friday).
HST is not included in the quoted prices.
Additional charges may apply for load restricted areas and for deliveries outside regular business hours.
Delivery rates are estimated at the time of the quote. Sunrock reserves the right to adjust rates due to fuel cost fluctuations.
Pricing assumes current allowable commercial motor vehicle gross weights; changes to maximum axle weights under the Highway Traffic Act may affect delivered prices.
Acceptance of quotes and obligation to deliver are conditional on credit approval and compliance with credit terms. Noncompliance may result in refusal of delivery or termination of the quote.

DELIVERY & SCHEDULING

Delivery is provided on a best-effort basis. While we strive to meet scheduled times, we cannot guarantee exact delivery due to factors beyond our control, such as traffic conditions, weather, power outages, or other unforeseen events.
Customers must provide safe and adequate site access and staging for ready mix and aggregate delivery trucks, including sufficient truck turning radius, safe washout areas, and clear site entry and exit logistics.
Sunrock will collaborate with Customers to determine staging and safety requirements; however, the ultimate responsibility for providing safe and adequate staging areas, truck turning radius, washout areas, site entry/exit logistics, and safety considerations for drivers and the public rests with the Customer and/or contractor.
A demurrage charge of $5.00 per minute will be applied if our ready mix trucks remain on-site longer than sixty (60) minutes.
A demurrage charge of $200.00 per hour will be applied if our aggregate trucks remain on-site longer than twenty (20) minutes.
Same-day pour or delivery cancellations require notice by 4:00 PM the day prior to delivery; cancellations without timely notice will incur a minimum fee of $150 per load, to cover equipment and labor costs. For weekend and Monday deliveries, notice must be received by 4:00 PM Friday.

CONCRETE & AGGREGATES SPECIFICATIONS AND ON-SITE HANDLING

Concrete is batched strictly per the approved mix design at the time of order, meeting CSA A23.1 (or applicable ASTM) standards. Aggregates supplied conform to applicable quality and grading standards.
The addition of water or any other material to concrete mixes at the delivery site is strictly prohibited unless authorized in writing by the Customer or their designated representative.
Sunrock assumes no responsibility for any reduction in compressive strength, durability, or other performance characteristics resulting from unauthorized on-site modifications, including increases in slump beyond specified ranges.
Any on-site modifications or unauthorized additions void compliance with the approved mix design and applicable standards.
The Customer assumes full responsibility for placement, compaction, finishing, curing, and protection of concrete after delivery, and for the proper handling and use of aggregates.
Customers are responsible for ensuring that aggregate storage and handling at the site meet industry safety and quality standards.

SAMPLING & USE RESTRICTIONS

Sampling of aggregate products for approval shall be performed at the seller’s point of manufacture under the supervision of Sunrock’s quality control technician.
Samples taken at job or plant sites will not be accepted as representative of Sunrock’s products.
Aggregates supplied are intended for Non-MTO projects only. Use of aggregates for MTO projects under OPSS.PROV 1002 requires project-specific quotes and approval at Sunrock’s discretion.

CUSTOMER RESPONSIBILITIES

Customers must provide and maintain safe, adequate staging areas, site access, and environmental protection measures for concrete and aggregate deliveries.
The Customer is responsible for all field testing (strength, slump, air content for concrete) unless otherwise agreed. Tests must comply with CSA/ASTM standards and be performed by qualified personnel.
Customers must submit any quality claims with full supporting documentation in writing within forty-eight (48) hours of delivery. Sunrock disclaims responsibility for test failures due to improper sampling, handling, curing, or testing methods on-site.
The addition of calcium chloride or other admixtures to concrete is strictly prohibited at any time during the concrete’s life.

LIABILITY & WARRANTY

Sunrock disclaims all warranties except for title and compliance with the approved mix design specifications at dispatch.
Sunrock is not liable for poor placement, finishing errors, over-watering, improper curing, site damage, or safety issues resulting from the Customer’s negligence or failure to provide proper site conditions.
Sunrock is not responsible for any delays or damages resulting from site conditions, weather, traffic, or other factors beyond our reasonable control.
Customers use our services at their own risk; Sunrock’s liability is limited to the maximum extent permitted by law and shall not exceed the amount paid by the Customer for the relevant order.
Sunrock expressly excludes liability for any indirect, incidental, consequential, or punitive damages.

FORCE MAJEURE

Sunrock shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, pandemics, government regulations, or shortages of materials or transportation.

INDEMNITY

The Customer agrees to indemnify and hold harmless Sunrock, its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from the Customer’s use, handling, or placement of concrete and aggregates or breach of these Terms.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

PRIVACY

Customer and project data is kept confidential and is only used for fulfilling services, internal operations, and billing purposes. Please refer to our privacy policy for more details.

AMENDMENTS

Sunrock reserves the right to update or modify these Terms at any time without prior notice. Continued use of our services after changes constitutes acceptance of the new terms.

CONTACT INFORMATION

If you should have any questions, concerns, or require clarification regarding these Terms, please contact:

Santosh Patel
General Manager
Sunrock Industries Canada ULC
(O) 905.667.7642, Ext. 2008 (M) 905.926.1257
Email: spatel@thesunrockgroup.com
2 Campbell Drive, Suite 208 Uxbridge, ON L9P 1H6