PART I TERMS AND CONDITIONS OF USE

1. General The Holcim (US) Inc., and Holcim (Canada) Inc. and its divisions; namely Dufferin Aggregates, Dufferin Concrete, Demix Aggregates and Demix Concrete (collectively “SELLER") customer self-service applications located at www.cementonline.us, www.cementportal.com, www.dufferinrockstar.com, www.dufferinconcrete.ca, www.clickdemix.com, www.online-cement.com, www.cimentenligne.com, www.cementservices.com, or www.cement.holcim.us.com (the "Website") are made available by SELLER as a service to its customers and others granted access hereunder (the “Agreement”). Holcim (US) Inc., and Holcim (Canada) Inc. itself and acting through its divisions Dufferin Aggregates, Dufferin Concrete, Demix Aggregates and Demix Concrete are each acting on their own behalf as Seller and without liability for any obligation of the other company hereunder. The Website offers a range of services which may include services in relation to product information, product ordering, account information, logistics, technical tools, technical information, communication tools, customer support and general information (the "Services"). The Services are subject to change or removal by SELLER without notice. 2. Acceptance of Terms and Conditions Use of the Website is offered to you, by SELLER, conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein (the "Agreement"). IT IS IMPORTANT THAT YOU READ THE ENTIRE AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING ON THE "I AGREE" ICON AT THE END OF THE AGREEMENT. Failure to accept in this manner will prohibit your further use of the Website. SELLER may at any time revise the Agreement, without notice, by updating this posting. SELLER urges you to review this Agreement each time you access the Website to ascertain which changes, if any, have been made to the Agreement. Note that acceptance of the Agreement does not grant you automatic access to the Website. SELLER reserves the unfettered right to grant or deny you access to the Website and to revoke, if granted, access, in whole or in part, at any time. 3. Registration

Access to the Website requires that you register certain contact and demographic information with SELLER ("Registration Information") and thereby create an account (your “Account”). Among the questions, you must state whether you are entering into this Agreement in your personal capacity or as a duly authorized representative of a commercial or other entity. In either event, your use of the Website is governed by the Agreement. In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete Registration Information as prompted by the registration form; and (b) maintain and promptly update the Registration Information to ensure that it is true, accurate, current and complete. You also represent and warrant that you have reached full age or the age of majority in your jurisdiction of residence.

[The Registration Information and any generic information gathered by SELLER through your use of the Website may be used by SELLER for its own marketing, promotional and product development purposes and more specifically may be stored in a database and used by SELLER to identify, customize and personalize user access, and assess utilization of the Website. Such information may be shared among SELLER, its affiliates, subsidiaries suppliers, licensors and clients in furtherance of the forgoing purposes. Such information may also be used to contact you. You acknowledge that the collection and use of such information, including personal information, is for reasonable and appropriate purposes, and is with your knowledge and consent.

4. Password

Access to the Website is controlled by user names and passwords. At SELLER's discretion, user names and passwords may be allotted by SELLER to you subject to your acceptance of the terms, conditions and notices contained herein, as specified in Section 2 of this Agreement, and successful registration in accordance with Section 3 of this Agreement.

The access that is granted to you under this Agreement to use the Website is personal to you, and non-transferable, and permits only your personal access to the Website, subject to Section 4 of this Agreement. Any other third party access is strictly prohibited. You agree to keep confidential the password that you use to access the Website. In the case of registration by you in your personal capacity, you agree not to disclose your password to any other individual or entity, commercial or otherwise. In the case of registration by you as a duly authorized representative of a commercial entity, you agree not to disclose your password to any other entity, commercial or otherwise, and not to disclose your password to any individual, unless such individual is also a duly authorized representative of such commercial entity with a need to know such information and is made to comply with the terms of this Agreement.

You agree that you are fully responsible for maintaining the confidentiality of your password and that you will be responsible for any breach of this obligation, including any damages which flow from, or are connected to, such breach, without limitation.

You agree that you are fully responsible for all activities that occur under your password. You also agree to contact us immediately if you have any reason to believe that your password has been compromised. You further agree to ensure that you exit from your account at the end of each session. SELLER reserves the right to change passwords at any time to protect the security of the Website.

5. Product Ordering Certain users can place an order for product through the Website. Price for an order will not be available on the Website but rather is available through contact with your sales representative. Subject to prior agreement by such means, the price for product shall be the standard price set by Holcim (US) Inc or by Holcim (Canada) Inc. or any of its divisions identified herein, for such quantity of product on the day the order is made and shall be subject to SELLER's standard Terms and Conditions of Sale as outlined on the invoice which accompanies the product ("General Terms and Conditions"). Placing the order is acknowledgement by you that such General Terms and Conditions shall apply. An order submitted through the Website can be cancelled by you by making SELLER aware of such cancellation, in writing or through the Website, by the latest 1:00 p.m. one business day prior to the scheduled delivery date.

6. General Disclaimer The information provided by the Website is not intended as a source of financial, investment, architectural, engineering, construction technique or building materials advice. Such information is for informational purposes only and is not intended to be a substitute for professional advice, assessment and evaluation. You agree that you must evaluate, and bear all risks associated with, the use of any information, including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information. This includes the following: (a) unsolicited information of a general or technical nature, including, product information, product application pages, tender applications, technical documents, technical library and technical glossary; (b) information generated in response to requests by you or other users of the Website, including customized product lists, product orders and order information, account information, invoices, reports, logistics, concrete quality test data and results, mix design details and solutions, mix calculator solutions, and FAQs; (c) content that is submitted, posted and/or stored on the Website by you or other users of the Website, including content pursuant to use of the bulletin board and document handling services; and (d) third party content that is made available on, or otherwise accessible through, the Website by SELLER, including weather, news, tender results and advertising. You should consult a qualified professional before making any decision or taking any action that might affect your personal, business or financial well-being. 7. Content Supplied by Users

The Website provides various services that permit you and other users to submit, post and/or store content on the Website and that may or may not be viewed by you or others, including product order information, concrete quality test data, suggestion box messages, FAQs, mix designs and content pursuant to the bulletin board and document handling services. You acknowledge that you are responsible for the content that you submit, post and/or store on the Website, and you, and not SELLER, have full responsibility for the content, including its legality, reliability, appropriateness, originality and copyright.

Any information contained in your requests, responses, communications or submissions to the Website or to SELLER, its affiliates, subsidiaries, suppliers and licensors, which are placed by you in areas that are accessible by other users of the Website, or which SELLER makes apparent may be disclosed to other users of the Website, shall be treated as non-confidential and non-proprietary and may be used, reproduced, distributed and disclosed by SELLER, its affiliates, subsidiaries, suppliers or licensors for any purpose without restriction.

Except for content you provide in respect of the use of the concrete quality and document handling services, SELLER may review or monitor content that is submitted, posted and/or stored on the Website. However, SELLER is under no obligation to do so and will not assume liability or responsibility for any content submitted, posted and/or stored by users to the Website in any area. SELLER shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is on the Website. SELLER will fully cooperate with any legal obligation to disclose the identity of anyone posting unlawful, threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials on the Website.

8. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELLER, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS AND LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) SELLER, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS AND LICENSORS, MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE;

(c) ANY INFORMATION OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR OTHER CONTENT;

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELLER OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT; AND (e) IN CANADA -ANY PRODUCTS ORDERED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL BE GOVERNED SOLELY BY THE GENERAL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND IN USA - PRODUCTS ORDERED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL BE GOVERNED SOLELY BY THE TERMS AND CONDITIONS OF SALE SET FORTH IN PART II HEREOF.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SELLER, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION ON THE WEBSITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

IN NO EVENT SHALL THE MAXIMUM LIABILITY OF SELLER, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS AND LICENSORS, FOR ANY REASON WHATSOEVER, IN THE AGGREGATE, EXCEED THE AMOUNT YOU PAID TO ACCESS AND USE THE SERVICES PROVIDED BY THIS WEBITE IN THE TWELVE (12) MONTHS PRECEEDING THE EVENT WHICH GAVE RISE TO THE CLAIM.

10. Indemnity You agree to indemnify and hold SELLER, its affiliates, subsidiaries, suppliers and licensors and their respective directors, officers, employees, representatives, agents and consultants, harmless from any demand, claim, action, suit or proceeding, including reasonable attorneys fees, brought by any third party due to, or arising out of, content that you submit or post to the Website, your use of the Services, your violation of the Agreement, or your violation of any rights of another, or any such action by anyone using your Account.

11. Third Party Links The Website may contain links to third party websites. The inclusion of any linked website does not imply approval, endorsement or recommendation of the material on such websites or any association with their operators by SELLER. Your use of any hypertext link is entirely at your own risk. SELLER does not make, and expressly disclaims, any warranty or condition, express or implied, statutory or otherwise, as to third party websites that you link to through the Website, including but not limited to, any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, or any warranty that the services will be available, uninterrupted or error free. 12. Termination You agree that SELLER, in its sole discretion, may suspend or terminate any and all current or future use of the Website (or any portion thereof) by you for any reason, including, without limitation, if SELLER believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. SELLER reserves the right to vary, suspend or terminate the Services provided on the Website at any time at SELLER's sole discretion and either with or without prior notice to you. You agree that SELLER shall not be liable to you or to any third party for any suspension or termination of the Services. Variation, suspension or termination of the Services may include variation, suspension or termination of concrete quality and document handling services. 13. Intellectual Property Rights

15. Governing Law The terms, conditions and notices of this Agreement, and any matter applicable to your direct or indirect use of the Website, shall be governed by the laws of the State of Michigan in the USA and the laws of the Province of Ontario in CANADA. 16. Entire Agreement, Severability and Waiver

This Agreement constitutes the entire agreement between you and SELLER and governs your use of the Website. If any provision of the Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any of the terms or conditions of the Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

All images, graphical user interfaces, charts, graphs, text, streaming videos and other content in this Website, the selection and arrangement thereof, and all software are, to the extent permitted by law, copyrighted and otherwise proprietary and are owned by SELLER or its licensors. You acknowledge and agree that the Website, the Services and any necessary software used in connection with the Website and/or Services contain proprietary and confidential information that is protected by applicable intellectual property laws and that your use of the Website and the Services and results therefrom is personal to you for the purposes reasonably contemplated by this Agreement and such use is non-assignable. Any other copying, reproduction, modification, publishing, transmission, distribution or other use of this content, without the prior written consent of SELLER, is strictly prohibited.

SELLER's logos, product names, service names, and icons list of other SELLER trademarks - tool names (the "SELLER Marks") are trademarks of SELLER and its subsidiaries. You agree not to display or use in any manner the SELLER Marks without SELLER's prior consent. The names and trademarks of companies or products referenced in the Website may be trademarks of their respective owners. The display of trademarks or tradenames on this Website does not convey or create any license or other rights in these marks or names. Any unauthorized use of the SELLER Marks is strictly prohibited.

14. Contacting the Web Site

Any communications required to be made to SELLER in regards to the Website, including in respect of any use or disclosure of the information made available by you, may be forwarded to:

Matilda Xavier Holcim (US) Inc. matilda.xavier@holcim.com 781-647-2357

17. User Conduct and Security In using the Website you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, or accounts connected to or accessible through the Website; or (b)disrupt or interfere with any other user's enjoyment of the Website; or (c) upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files; or transmit through or on the Website spam, chain letters, junk mail, or any other type of unsolicited mass email to those who have not agreed to be part of such mailings; or (d) attempt to obtain unauthorized access to the Website or any portions of the Website that are restricted from your access granted by Seller. 18. International Your access to the Website from territories where its contents may be illegal is prohibited. 19. –Compliance with Export Control Laws All transactions and other activity on the Website shall at all times be subject to and conditioned upon compliance with all applicable export control laws and regulations and amendments thereof of the United States and your country. You hereby agree that you will not, except as said laws and regulations may expressly permit, make any disposition by way of transshipment, re-export, diversion or otherwise of technical information (including but not limited to technical data and software) made available on or through the Website, or the direct product thereof, other than as permitted by applicable export control laws and regulations. All obligations in this Part I, Section 17 survive any termination of Website access, and discharge of any other contract obligations. 20. Language There shall be no requirement to translate any portion of or content on the Website into any other language than the one in which it appears, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language. “This Agreement has been drawn up in English at the express wish of the parties. Ce contrat a été redigé en anglais à la volonté expresse des parties.

21. Electronic Invoicing T&C

As part of the Services offered through the Website, SELLER shall provide you with Electronic Invoicing, herein referred to as “e-Invoicing”. If you subscribe for e-Invoicing, SELLER will present its electronic invoice (“the Invoice”) on the Internet through the Website in respect of any transportation or other charges incurred by you and SELLER shall no longer be required to send any hard copies of an invoice to you by mail thereafter.

You agree not to contest the validity of the Invoice issued electronically through your use of e-Invoicing on the sole ground that it was effected electronically.

SELLER will make available to you electronic records of the Invoice and provide you with archive copies of the electronic records of the Invoice in electronic or paper form (as the case may be) upon your request. Extra copies may be subject to a charge.

SELLER will take reasonable steps to keep the Invoice secure. You will be solely responsible for retaining sufficient and adequate copies of the Invoice for your internal purposes. You agree that SELLER may use the e-mail address that you provide when enrolling into the Services to communicate with you regarding e-Invoicing. SELLER shall send to you an e-mail alert from time to time to inform you that the Invoice has been presented to you via Internet (“e-mail alert”). You acknowledge that you will be deemed to have received the e-mail alert unless SELLER receive a notification that the e-mail did not reach its intended recipient and the records of SELLER shall be conclusive in this regard.

You agree to open, view and verify Invoices presented to you via Internet and remit payment within your payment terms.

22. Right to use the Services

Subject to and conditional upon you at all times complying with this Agreement, SELLER grants to you a non-exclusive, non-assignable, personal right to use the Service. Your right to use the Services commences from the date

your application to use the Services is accepted by SELLER and continues until terminated in accordance with this Agreement. You agree to comply with all of SELLER’s directions notified from time to time pertaining to any use of the Services. You will be solely responsible for and agree to provide and maintain the telecommunications facilities and services, computer hardware, software and all other equipment and services required from time to time to use the Services.

You may use the Services through a web browser interface with your personal computer. You may nominate any person to operate your Account (“Administrator”). You or your Administrator may also nominate any person to use the Services through your Account (“User”). Both Administrator and User may have a range of access rights in respect of your Account as your agent. You undertake to ensure that your Administrator and User strictly comply with this Agreement and any other terms that may be prescribed by SELLER from time to time. You will be liable for any default of your Administrator and User and will indemnify SELLER against any defaults, losses, damages, costs, expenses, liabilities whatsoever arising from the use of the Services by your Administrator or User.

PART II TERMS AND CONDITIONS OF SALE

Holcim (US) Inc.

ACCEPTANCE. The Agreement contains the full understanding of the Buyer and Seller concerning sale of Seller's products ("Products") and supersedes all other agreements, written or oral, regarding its subject matter. Except as otherwise provided by written agreement subsequently executed by both Buyer and Seller, these Terms and Conditions of Sale shall supersede the terms and conditions of Buyer's order, and no prior or subsequent understanding, agreement, term, condition, or trade custom at variance with or supplemental to these Terms and Conditions of Sale shall be binding on the Seller. Acceptance or delivery of the Products hereunder shall constitute acceptance of these terms and conditions. Products will be deemed accepted by Buyer unless Seller is notified in writing of non-acceptance within ten (10) days after receipt by Buyer. Any claim with respect to a Product sold hereunder, including claims based on shortages of goods, will be waived if not brought in writing within ten (10) days of receipt of that shipment or delivery. Buyer's rights with respect to Products rightfully rejected will be limited to the rights set forth in Part II, Section 7 below. No Product may be returned without Seller's written consent.

RISK OF LOSS. Title to and risk of loss of the Products purchased hereunder shall pass to Buyer upon delivery at Seller's designated facility to Buyer or carrier.

WEIGHT AND SHIPMENT. Unless Buyer provides transportation or indicates shipping instructions at the time of placing its order, Seller shall, without liability, select the route and carrier by which shipment will be forwarded.Except as otherwise agreed herein, quotations and sales are F.O.B. point of shipment, and, weight as determined by Seller's scales and methods of measurement shall govern. Freight expense, standby or detention charges, fleeting, local switching, demurrage, car service or destination, terminal or cleaning charges shall be borne by Buyer.

TERMS OF PAYMENT. Upon approval of Buyer's credit, all invoices will be due at the gross amount and payable not later than the last day of the month following shipment. Any amount unpaid after the last day of the month following shipment will bear interest from the first day of the second month following shipment until paid, at the interest rate of 1.5% per month, or at the maximum rate allowed by law, whichever is less. In addition to the interest, upon any breach or default, Seller shall be entitled to all rights under the Uniform Commercial Code, all rights at law and in equity, court costs, collection agency and attorneys' fees and expenses. If at any time financial responsibility of the Buyer becomes impaired or unsatisfactory to Seller, cash payment or security satisfactory to Seller may be required in advance of shipment. Each shipment shall be considered a separate and independent transaction and payment therefore shall be made accordingly. Prompt payment discounts may be offered for certain sales. In these instances, the discount listed on the invoice may be deducted from the total amount of the invoice, provided the invoice is paid in full on or before the tenth (10th) day of the month following the month of shipment and provided no previous items remain unpaid.

SECURITY INTEREST. Seller shall have the right, at its option, to retain a security interest in the Products sold or shipped and to require Buyer to execute a security agreement and financing statements to be filed under the applicable filing provisions of the Uniform Commercial Code of the state in which the Product is located. Buyer hereby grants such security interest to Seller.

LIMITED WARRANTY. The Products shall conform to applicable specifications of the American Society for Testing and Materials, and such other specifications as may be set forth in Buyer's Website order. Seller, having no control over the use of the Product, does not guarantee finished work, nor shall Seller be responsible for the condition of the Product after delivery to Buyer. Charges incident to inspection or testing made by or on behalf of Buyer to determine compliance with specifications shall be paid for by Buyer.

EXCEPT FOR THE LIMITED WARRANTY MADE ABOVE SELLER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, INCLUDING ANY EXPRESS WARRANTY, ANY IMPLIED WARRANTY OF MER-CHANTABILITY OF GOODS, AND ANY IMPLIED WARRANTY OF FITNESS OF GOODS FOR ANY PARTICULAR PURPOSE, ALL OF SUCH WARRANTIES ARE EXCLUDED.

LIMITATION OF REMEDIES. The sole and exclusive remedy of Buyer or any other party against Seller for all claims of any kind for which proper notice is given to Seller, whether based upon contract, tort (including negligence), breach of warranty or otherwise, for any loss or damages arising out of, connected with or resulting from, the sale or failure to sell, shall be replacement of such Product sold hereunder, F.O.B. Seller's plant or terminal or utility or, at Seller's option, refund of the purchase price paid for the Product. No other remedy shall be available to Buyer (including, but not limited to indirect or consequential damages, lost profits, lost sales, punitive damages, injury to persons or property or any other incidental or consequential loss). Seller shall have no liability relating to any issues pertaining to its or its vendors' compliance with Y2K issues. The right to recover damages within the limitations specified is buyer's exclusive alternative remedy in the event that any other contractual remedy fails of its essential purpose.

TECHNICAL INFORMATION; HAZARDS AND PRECAUTIONARY PROCEDURES;INDEMNITY. Any technical information or assistance Seller or its affiliates provide is given and accepted at Buyer's risk and is not a warranty or a specification. Buyer agrees that it will familiarize itself with all hazards and precautionary procedures with respect to the handling, transportation or use of the Product and will manage the Product accordingly. Buyer will provide or make available any product safety information provided by Seller or its affiliates to Buyer's employees, to all others who handle the Product, and to its customers. Buyer agrees to indemnify Seller for any claims made against Seller or its affiliates, and for associated damages and expenses (including reasonable attorneys' fees and expenses), to the extent caused by Buyer's failure to familiarize itself with such hazards and precautionary procedures, to manage accordingly, or to provide such information as set forth above.

DUTIES AND TAXES. All duties and taxes of any governmental authority payable in respect to the purchase and sale of goods and/or the delivery of the goods to the point of delivery are for the account of Buyer, except as otherwise set out herein.

FORCE MAJEURE AND ALLOCATION. Seller shall not be liable for any Products caused by Government actions, regulations, orders or rulings, acts of God, acts of war, acts of public enemy, fire, strikes, lockouts, breakdowns, accidents, inability to secure rail cars, trucks, barges or other materials, delays in transportation, acts or omissions of Buyer, or any other events or other conditions beyond Seller's control, whether similar or dissimilar to the above-mentioned acts or occurrences. During times of shortage, Seller shall have the right to prorate among its customers in accordance with the provisions of Section 2-615 of the Uniform Commercial Code.

OTHER.

Failure of Seller to exercise any right shall not be deemed a waiver of any rights of Seller.

Any oral statements made by Seller's salespersons about the Product do not constitute warranties, shall not be relied upon by Buyer, and are not part of the contract for sale. All of the terms and conditions of purchase and sale are embodied in this writing.

If Buyer fails to comply with the terms of payment or with any other terms of sale, Seller shall have the right, in addition to all other rights hereunder and at law, to terminate any unfilled orders without liability.

GENERAL PROVISIONS OF THIS AGREEMENT

Seller is a company operating from Dundee, Michigan. The terms, conditions and notices of this Agreement (including the Terms and Conditions of Sale) and any matter applicable to your direct or indirect use of the Website shall be governed by and construed in accordance with the laws of the State of Michigan and the federal laws of the United States of America, without giving effect to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts within the State of Michigan for any disputes arising from or related to the Website or this Agreement. You also agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States exports restrictions, that relate to your use of activities on this Website. You are responsible for compliance with applicable laws.

This Agreement constitutes the entire agreement between you and Seller and governs your use of the Website. If any provision of the Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

No waiver of any of the terms or conditions of the Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Holcim (Canada) Inc. (Ontario) itself and Holcim (Canada) Inc. divisions, Dufferin Aggregates, Dufferin Concrete

TERMS AND CONDITIONS OF DEALING

1. DEFINED TERMS. In this document:

(a) Advice means any advice, opinion, assistance, representation or statement of any sort whatsoever,

whether written or oral, technical or otherwise, pertaining to or concerning Product including, without

limitation, its use, specifications, merchantability, fitness for any particular purpose, description,

compatibility, durability, quality, suitability or condition. “Advice” also includes any of the foregoing

whether provided by Holcim (Canada) Inc. before, during or after a Transaction involving the

Customer or Third Party.

(b) Customer means any legal entity, person, corporation, partnership or trust that is involved in a

Transaction with Holcim (Canada) Inc. or who acquires, possess or obtains by any means, directly

or indirectly, Product or Advice from Holcim (Canada) Inc.

(c) Holcim (Canada) Inc. includes its divisions and its affiliates and subsidiaries as those terms are

defined in the Business Corporations Act (Ontario), R.S.O. 1990, c. B.16.

(d) Notice means when this document is mailed to, e-mailed to, faxed to or is otherwise provided to the

Customer or a Third Party by any other means whatsoever. In the case of a Third Party, notice is

provided by notifying such Third Party of the website of Holcim (Canada) Inc. containing these

Terms. Such notice is provided to a Third Party by placing the website address of Holcim (Canada)

Inc. on the packaging of the Product and by indicating that these Terms may be found on the

website. Where the Product does not have packaging, notice can be provided by notifying the Third

Party by any other means that these Terms are on the website of Holcim (Canada) Inc.

(e) Product means all goods now or in the future manufactured by or distributed by Holcim (Canada)

Inc. and includes personal property of any kind.

(f) Terms means these Terms and Conditions of Dealing.

(g) Third Party means any legal entity, person, corporation, partnership or trust who acquires,

possesses or obtains by any means, directly or indirectly, Product or Advice from Holcim (Canada)

Inc. and includes handlers of the Product.

(h) Third Party Transactions means any transfer of Product by any means, including through the

marketplace, wherein a Third Party acquires title in, possession of, or the use of any Product

whether in its original form or in modified form, including as a component.

2. APPLICABILITY. The Terms apply to all Transactions (including Third Party Transactions) involving or

pertaining to Product of Holcim (Canada) Inc. and such Terms govern the grounds upon which Holcim

(Canada) Inc. places Product into the marketplace. The Terms also apply to any Advice provided by Holcim

(Canada) Inc. to the Customer or a Third Party.

3. ENTIRE AGREEMENT. In the case of any Transaction, the Terms contain the full understanding, agreement and undertaking of Holcim (Canada) Inc. The Terms supersede all other agreements,

understandings or undertakings, written or oral, regarding the subject matter hereof including, without limitation, the terms of the Customer’s order or purchase order. For greater certainty, there are no terms, conditions, covenants, warranties, representations (innocent, negligent or otherwise), Advice, understandings, discussions, duties, duties to warn, negotiations, collateral agreements, promises, trade customs, usage or dealings affecting or pertaining to the understanding, agreement

or undertaking of Holcim (Canada) Inc. other than as contained in the Terms. The Customer acknowledges that it is not relying on any terms, conditions, covenants, warranties, representations (innocent, negligent or otherwise), advice, understandings, promises, discussions, negotiations, collateral agreements, promises or trade customs, usage or dealings other than as contained in these Terms.

4. NO SUBSEQUENT AGREEMENTS. The Terms set out exclusively and completely the grounds upon

which Holcim (Canada) Inc. is prepared to enter into Transactions or provide Advice. Except as otherwise provided by written agreement accepted by Holcim (Canada) Inc. (which agreement may only be signed by the president or senior vice-president on behalf of Holcim (Canada) Inc.), the Terms

exclusively and completely govern the Transaction and Advice and no subsequent dealings of any sort including, without limitation, any Advice or any orders or purchase orders from the customer or any other terms or conditions subsequently received from the customer, affect, alter, modify or amend the Terms herein or are binding upon Holcim (Canada) Inc.

5. ACCEPTANCE OF PRODUCT. Acceptance or receipt of possession of the Product by the Customer or anyone on the Customer’s behalf including any agent of the Customer or any carrier transporting

Product to the Customer shall conclusively constitute acceptance of these Terms.

In the case of Customers who receive Notice of these Terms, such Terms are deemed to be accepted by such Customer in respect of that Transaction and any subsequent Transaction with Holcim (Canada) Inc.

(i) Transaction means any transfer of Product to the Customer and includes any sale, barter, gift,

trade, exchange or transfer of title to or transfer of possession of any Product, whether the Product

is in its original form or in a modified form, including as a component.

6. RETURNS. The Customer who accepts these Terms may return to Holcim (Canada) Inc. any Product by

providing written notice to Holcim (Canada) Inc. within ten (10) days of receipt of the Product and, in addition,

by providing the original receipt for the Transaction. Any claim with respect to the Product including, without

limitation, claims for shortage of Product, will be deemed waived if Holcim (Canada) Inc. is not notified in

writing within ten (10) days of acceptance or receipt of the Product by the Customer (or anyone on the

Customer’s behalf including any agent of the Customer or any carrier transporting Product to a Customer).

The Customer’s exclusive rights and remedies with respect to Product which is being returned hereunder and for which proper notice has been given are set forth in Article 15.

7. RISK OF LOSS. Title to and all risk of loss (including injury or damages to the Product or to any other person

or property) passes to the Customer upon receipt of possession of the Product by the Customer or anyone on

the Customer’s behalf including any agent of the Customer or any carrier transporting Product to the

Customer. This Article also applies to partial shipments to the extent that there has been receipt or

possession of part of the shipment by the Customer or anyone on the Customer’s behalf including any agent

of the Customer or any carrier transporting Product to the Customer.

8. WEIGHT AND SHIPMENT. Unless the Customer provides transportation or indicates shipping instructions

when placing its order, Holcim (Canada) Inc. shall, without liability, select the route and carrier by which

shipment will be forwarded. Except as otherwise agreed in writing by the president or senior vice-president

on behalf of Holcim (Canada) Inc., transactions are F.O.B. point of shipment. Weight of product, as

determined by Holcim (Canada) Inc.’s scale and methods of measurement, shall conclusively govern. All

costs, expense, taxes, levies and tolls of or concerning shipment shall be borne by the Customer including,

without limitation, freight expense, standby or detention charges, unload charges, fleeting, local switching,

demurrage, car service or destination, terminal and cleaning charges.

9. TERMS OF PAYMENT. In all credit Transactions, invoices will be due at the gross amount (all costs, expenses, taxes, levies and tolls of any other sort whatsoever to be paid by the Customer) and are payable, regardless of any practice to the contrary, net 30 days from the date on the invoice of Holcim (Canada) Inc. to the Customer.

10. INTEREST AND COSTS. Any amount unpaid when due (as set out in Article 9) will bear interest from the

day immediately after the due date at the rate of 1% per month (12% per annum), both before and after

judgment, such amounts to be paid regardless of any practice to the contrary. In addition to interest, the

The covenant, obligation and liability of the Customer to pay Holcim (Canada) Inc. is independent of all other provisions in these Terms and of any other covenants, obligations or liabilities, if any, of Holcim (Canada) Inc. to the Customer. Payments to Holcim (Canada) Inc. of the invoiced amount or any balance thereof (plus interest and costs as set out in Article 10) are due without set-off (whether legal, equitable or statutory), abatement or deduction for any reason whatsoever. The Customer will

not seek a stay of any claim, judgment, order or award for payment to Holcim (Canada) Inc. for any reason whatsoever including, without limitation, pending the disposition of any claim, claim over or counterclaim by the Customer against Holcim (Canada) Inc., or any other dispute.

Customer will be liable to fully indemnify Holcim (Canada) Inc. (by way of a debt or damages claim by Holcim

(Canada) Inc.) for all legal costs and disbursements (and applicable taxes on both) incurred by Holcim

(Canada) Inc. in enforcing these Terms, both before and after judgment (including on steps to execute on any

award, order or judgment).

Holcim (Canada) Inc. and the Customer agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods or any other international convention governing international sales of goods. Accordingly, the Terms shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods or any other international convention governing international sales of goods, but rather the applicable law governing the Terms

shall be determined by the provisions of Article 23 herein.

Except as set out in this article, there are no warranties or conditions whether express, implied, statutory or otherwise, in law or in equity, pertaining to the Product including, without limitation, its

use, specifications, merchantability, fitness for any particular purpose, description, compatibility, durability, quality, suitability or condition, whether or not arising from a course of dealing or usage or trade.

14. LIMITED WARRANTY. The Product shall materially conform (for the respective types) in quality to

one of the present specification of: (i) the ASTM or (ii) the Canadian Standards Association. Products other than cement shall contain the ingredients in the respective percentages set forth in the then current material safety data sheet for such Product (available upon request from Holcim (Canada)

Inc.).

13. SECURITY INTEREST. Notwithstanding anything herein, Holcim (Canada) Inc. shall have a security interest in and a vendor’s lien over any Product transferred to the Customer under a Transaction until

payment of all obligations and/or liability of the Customer to Holcim (Canada) Inc. have been paid in full. Holcim (Canada) Inc. may, as attorney for the Customer, execute any and all documentation

necessary to perfect any security interest (or its equivalent), and Holcim (Canada) Inc. may register such documentation.

12. SPECIAL ORDERS. The Terms herein govern special orders unless otherwise agreed to in writing by the

president or senior vice-president of Holcim (Canada) Inc.

11. ADDITIONAL TERMS OF PAYMENT. If at any time the financial ability of the Customer becomes

impaired or unsatisfactory, in the sole and unfettered discretion of Holcim (Canada) Inc., then Holcim (Canada) Inc. may require cash payment or satisfactory security in advance of shipment to or delivery

to the Customer. Holcim (Canada) Inc. may, without liability, withhold shipments or may stop shipments in transit, notwithstanding any agreements, statements, discussions or undertakings, promises or representations of any sort whatsoever to the contrary (whether such are before the Transaction, contemporaneous with the Transaction or subsequent to the Transaction), until cash or security satisfactory to Holcim (Canada) Inc. is received or in place.

15. LIMITATION OF REMEDIES. The sole and exclusive remedy of the Customer against Holcim (Canada)

Inc. is governed by this article. This article applies whether such remedy is in contract, tort, equity (including extraordinary relief) or is statutory, and regardless of whether such remedy relates to or

arises out of or is connected with or results from the use or misuse of a Product or any Advice, and regardless of whether the claim is based on the Terms or on any other grounds including any alleged term, condition, covenant, warranty, representation (whether innocent, negligent or otherwise), understanding, discussion, duty, duty to warn, negotiation, collateral agreement or promise, or from a course of dealing or usage or trade.

The sole and exclusive remedy of the Customer is that Holcim (Canada) Inc. shall replace the Product with an equivalent amount of Product subject to the following. Such replacement Product shall be provided F.O.B. at a plant or terminal or facility of Holcim (Canada) Inc.’s choosing. The basis upon which such replacement Product is provided to the Customer shall also be subject to the Terms

herein. At the sole option of Holcim (Canada) Inc., it may refund to the Customer the purchase price (or other consideration) provided for the Product.

No other remedy is available to the Customer including, but not limited to, direct, indirect, incidental or consequential damages, equitable relief (including extraordinary relief), lost profits, lost sales or revenues, punitive damages, injury to persons or property or any other losses, damages, expenses or outlays of any other sort whatsoever.

Without limiting the foregoing, it is acknowledged that Holcim (Canada) Inc. has no control over the use of the Product and does not guarantee finished work. Holcim (Canada) Inc. is not responsible for the Product including, without limitation, its condition after shipment to or delivery to the Customer or someone on the Customer’s behalf including any agent of the Customer or any charter transporting product to the Customer.

16. ADVICE. From time to time Holcim (Canada) Inc. may provide Advice to the Customer (or to others

including Third Parties) including, without limitation, with respect to the Product. Such Advice is provided as a matter of goodwill and is expressly not intended to be relied upon the Customer (or others including Third Parties). Such Advice is not intended to and does not create any legal

obligations on Holcim (Canada) Inc., including any duty or duty to warn. Customers (and others including Third Parties) are hereby notified to retain their own expert advice. The Customer (or others including Third Parties) acknowledge and agree that any Advice provided by Holcim (Canada) Inc. is given and accepted solely on the basis that it is at the Customer’s risk (or the risk of others including Third Parties) and the Advice does not create or contain any warranty, representation or

other legal, equitable or statutory obligation or liability and does not in any manner whatsoever affect, alter, modify or amend the limitations of liability herein. Any Advice provided by Holcim (Canada) Inc. to the Customer (or any other person including Third Parties) shall not be provided to any other persons without the express prior written consent of the president or senior vice-president on behalf of Holcim (Canada) Inc.

17. HAZARDS AND PRECAUTIONARY PROCEDURES. The Customer agrees that it will familiarise itself with

all hazards and precautionary procedures with respect to the handling, transportation, use, specifications,

merchantability, fitness for any particular purpose, description, compatibility, durability, quality, suitability or

condition of the Product and will manage the Product accordingly.

18. NOTICE TO OTHERS. The Customer agrees that it will provide or make available to any Third Party

the Terms herein and any other information (including safety information) provided by Holcim (Canada) Inc. to the Customer with respect to the Product. The Customer agrees to indemnify Holcim (Canada) Inc. for any and all claims or claims over made against Holcim (Canada) Inc. by any Third Party who acquires or uses the Product through the Customer. Such indemnity includes any

damages, costs or expenses, including all legal fees and disbursements and G.S.T. thereon, of Holcim (Canada) Inc. in defending or dealing with the claim or claim over. The Customer also agrees that Holcim (Canada) Inc. can claim on such indemnity from time-to-time while Holcim (Canada) Inc. is defending or dealing with the claim or claim over.

19. DUTIES AND TAXES. All duties, taxes, tolls, levies of any governmental authority relating to or arising out of

the Transaction (including delivery of the Product) are for the account of the Customer.

20. THIRD PARTIES. Third Parties are hereby notified that their rights, if any at all, against Holcim

(Canada) Inc. (and its past, present and future officers, directors, employees and agents) are restricted by these Terms. In particular, the Terms herein apply with equal force to a Third Party and, for this purpose, wherever the word “Customer” appears it shall, vis-à-vis a Third Party, be deemed to

refer to such Third Party, whether or not the provision itself refers to a Third Party. To the extent that any Third Party has a claim of any nature against Holcim (Canada) Inc., if any at all, such Third Party’s remedies are limited to those in Article 15 upon proper compliance with Article 6 (which, for this purpose, is modified, as appropriate, to apply to Third Parties). Third Parties are notified that any duty of care or duty to warn owed by Holcim (Canada) Inc., if any at all, and foreseeability of loss or

damage of any sort whatsoever, are circumscribed or eliminated by the Terms herein.

21. AMENDMENT. The Terms herein may only be affected, altered, modified or amended by a written

agreement signed by the Customer or a person on the Customer’s behalf and by the president or

senior vice-president on behalf of Holcim (Canada) Inc. No one other than the president or senior vice-president of Holcim (Canada) Inc. has authority to affect, alter, modify or amend the Terms.

22. WAIVER. No waiver of, acquiescence in, consent to or departure from the Terms shall be binding

against Holcim (Canada) Inc., unless the same is agreed to in writing and signed by the president or senior vice-president on behalf of Holcim (Canada) Inc., and then such waiver, acquiescence, consent or departure shall be effective only in the specific instance and for the specific purpose for which it has been given.

No failure on the part of Holcim (Canada) Inc. to exercise any right under these Terms, and no delay in exercising any right under these Terms, shall operate as a waiver of, acquiescence in, consent to or departure from such right. No single or partial exercise of any such right by Holcim (Canada) Inc. shall preclude any other or further exercise of such right or the exercise of any other right.

23. JURISDICTION. These Terms shall be governed by, interpreted and enforced in accordance with the laws

in force in the jurisdiction in which Holcim (Canada) Inc.’s plant or terminal is located from which delivery or

shipment is made and shall be treated in all respects as a contract governed by the laws of such jurisdiction.

In all other instances, these Terms are governed by the laws of Ontario.

24. ARBITRATION, JURY WAIVER AND CLASS PROCEEDINGS. Save with respect to proceedings to

enforce payment by Holcim (Canada) Inc. under Articles 9 and 10, which proceedings may be brought by Holcim (Canada) Inc. against the Customer in any court of competent jurisdiction, all other claims, counterclaims, claims over, disputes, differences or questions (hereinafter “Claims”) arising between or among or involving Holcim (Canada) Inc. or the Customer or any Third Party shall be submitted to

arbitration in the jurisdiction where Holcim (Canada) Inc.’s plant or terminal is located from which delivery or shipment of the Product is made and, in all other instances, in Ontario. Such arbitration is to be governed by the Arbitrations Act (or equivalent) in effect in such jurisdiction and the arbitrator will determine the procedure for the arbitration. The arbitrator’s expenses are to be borne proportionately by Holcim (Canada) Inc. and the other parties to the arbitration, subject to any

discretion and jurisdiction of the arbitrator to award costs (including lawyer’s costs and disbursements) and expenses of the arbitration. The arbitration is a private arbitration. The result of the arbitration and evidence at the arbitration is to be kept confidential, save with respect to the enforcement of any award. In the event of any conflict between this arbitration provision and any statute pertaining to arbitration, the terms of this arbitration provision shall govern.

The Customer agrees and stipulates that it will not commence or participate in any class action either as a representative plaintiff or as a member of a plaintiff class. Further, the Customer will opt out of any class action, if the class involves, direct or indirectly, any Claims against Holcim (Canada) Inc. The Customer further agrees and stipulates that no joinder or consolidation of Claims with any other

persons is permitted without the written consent of Holcim (Canada) Inc. which may be signed only by the president or senior vice-president on behalf of Holcim (Canada) Inc. and further, that the discretion of Holcim (Canada) Inc. to consent to a joinder or consolidation is unfettered.

In all events, Holcim (Canada) Inc., the Customer and the Third Parties irrevocably waive any and all rights they have or may have to a trial by jury.

25. FORCE MAJEURE AND ALLOCATION. Holcim (Canada) Inc. shall not be liable for any expense, loss or

damage resulting from any delays in manufacturing, shipping or delivering Product caused by government

and administrative actions, regulations, court orders or decrees, regulatory orders, rulings, acts of God, acts

of war, terrorist acts, acts of public enemy, fire, strikes, lockouts, labour unrest, breakdowns, accidents,

embargos, floods, catastrophe, epidemic, natural calamity (e.g. lightning, earthquake, tornado),

inability to secure railcars, trucks, barges or other materials, delays in transportation, acts or

omissions of the Customer, or any other events or conditions beyond the reasonable control of

Holcim (Canada) Inc., whether similar or dissimilar to the above-mentioned acts or occurrences.

26. SUCCESSORS AND ASSIGNS. The Terms herein shall enure to the benefit of and be binding upon Holcim

(Canada) Inc., the Customer, the Third Parties and their respective successors (including by way of

amalgamation or statutory arrangement), assigns, and heirs, executors and administrators.

27. CAUTION. Products of Holcim (Canada) Inc. including, without limitation, cementing products, can be

harmful. Cementing products can cause chemical burns when moist and may cause allergic skin reaction,

respiratory tract irritation and other injuries. Avoid cloud dust formation. Avoid skin or eye contact and

breathing dust. Wear protective equipment during handling. Products of Holcim (Canada) Inc. and, without

limiting the generality of the foregoing, cementing products, form an alkaline solution when mixed with water.

First Aid - for eye contact, flush with running water for at least 15 minutes, call physician. For skin contact,

flush with water for at least 15 minutes, while removing contaminated clothing. Apply a lanolin cream for mild

irritation. Obtain medical attention if irritation persists. If ingested, do not induce vomiting. Have affected

person drink plenty of water. Obtain medical attention immediately. Refer to material safety data sheet for

further information.

28. OFFICERS, DIRECTORS, ETC. The Customer acknowledges and conclusively stipulates that all of its

dealings with Holcim (Canada) Inc. including, without limitation, any Transaction and any Advice, are with Holcim (Canada) Inc. as a corporate entity. The Customer will not claim and waives all Claims against present, past and future officers, directors, employees, agents and shareholders of Holcim (Canada) Inc. The Customer further acknowledges and agrees that, should it pursue a Claim against such persons, Holcim (Canada) Inc. may rely on this Article to stay and/or dismiss such Claim, and the Customer consents to such relief. In this article, “Claim” has the same meaning as in Article 24.

29. TERMINATION. If the Customer fails to comply with the Terms, Holcim (Canada) Inc. shall have the right, in addition to any other rights hereunder and/or at law or in equity, to terminate any unfilled or undelivered orders without any liability whatsoever.

30. HEADINGS. Headings in these Terms are for convenience only and do not affect the interpretation of the Terms or the scope of the Terms.

31. EXECUTION. These Terms herein are effective without any need for formal execution.

Holcim (Canada) Inc. (Quebec) itself and acting through its divisions; Demix Aggregates; Demix Concrete

Les ciments Portland mentionnés aux présentes devront être conformes aux exigences CAN A3000 (dernière révision) del'Association Canadienne de Normalisation et à la spécification C-150 (dernière révision) de ASTM International. À moins dedipositions contraires, la tonne de ciment Portland pèsere 1000 kg net et, lorsque livrée en sacs, elle le sera en 25 sacs de papier de 40 kg chacun.

Le ciment à maçonner mentionné aux présentes devra être conforme aux exigences CAN A3000 (dernière révision) del'Association Canadienne de Normalisation et à la spécification C-91 (dernière révision) de ASTM International. À moins dedipositions contraires, la tonne de ciment à maçonner pèsera 1000 kg net et, lorsque livrée en sacs, elle le sera en 33.3 sacsde papier de 30 kg chacun.

Le vendeur ne sera tenu à aucune garantie relativement au ciment livré en vertu des présentes et il se dégage de touteresponsabilité pour perte ou dommage de quelque nature que ce soit résultant de ou ayant trait à l’usage auquel le ciment seraemployé, sans restreindre la généralité des modalité qui précèdent, la responsabilité du Vendeur relativement au ciment livréen vertu de ce contrat sera limitée aux prix d’achat du ciment subséquemment à sa livraison à l’Acheteur.

Portland cement mentioned herein shall conform to the Canadian Standards Association specification CAN A3000(last revision) and the ASTM International specification C-150 (last revision). Unless otherwise specified, one ton ofPortland cement will weigh 1000 kg net and when delivered in bags, it will be in 25 bags weighing 40 kg each.

Masonry cement mentioned herein shall conform to the Canadian Standards Association specification CAN A3000(last revision) and the ASTM International specification C-91 (last revision). Unless otherwise specified, one ton ofmasonry cement will weigh 1000 kg net and when delivered in bags, it will be in 33.3 bags weighing 30 kg each.

Vendor extends no warranty with respect to the cement to be shipped hereunder and it assumes no responsibilityfor loss or damage of any kind arising out of or in connection with the use to which the cement is put; without restrictingthe foregoing Vendor’s liability in respect to cement shipped hereunder shall be limited to the purchase price thereof. In no case shall Vendor be responsible for the condition of cement after delivery to Buyer.

1 pourcent par mois (12 pourcent par année) sur tout solde passé dû.

1 per cent per month (12 per cent per year) on balance overdue.

DXB-SD-0003

DEMIX BÉTON (Une division de Holcim (Canada) inc.)Numéro de membre ABQ 16212

Personne morale légalement constituée, ayant une place d’affaires au 435, rue Trans-Canada, Longueuil (Québec) J4G 2P9

DEMIX BÉTON (Une division de Holcim (Canada) inc.)

DXA-SD-0004

40

20

640

25

40

30

20

30

10

15

20

40

15

132

132

MONTRÉAL

RIVE-NORD

N

BOISBRIAND

LONGUEUIL

STE-ANGÈLE-DE-PRÉMONT

BOUCHERVILLE

VARENNESLAVAL

MIRABEL

ST-FRANÇOIS

AÉROPORT INT’LP.E.T.

RIVE SUD

LAPRAIRIE

CONDITIONS DE VENTE

• La responsabilité de Demix Agrégats est limitée à fournir un produit conforme à la demande du client et ce, f.a.b. notre carrière.

• Demix Agrégats n’a aucune responsabilité pour établir le type de produit requis pour le projet de son client.

• Demix Agrégats n’a aucune responsabilité à la suite d’une utilisation incorrecte du produit ou à une mise en œuvre déficiente quant aux exigences des donneurs d’ouvrage et/ou des règles de l’art.

• Nos termes sont le 15 du mois suivant la livraison, des frais d’administration de 1% par mois (12% par année) seront facturés sur tout compte passé échéance.

• Les frais de transport minimums facturés au client seront : • pour un camion 10 roues/15Tm • pour un camion 12 roues/19Tm• Les taux de transport sont majorés durant la période de dégel décrétée par le Ministre des

Transport du Québec.• Sur demande, nos représentants vous informeront des taux de transport en vigueur pour

chacun de vos chantiers.• Les taux de transport sont sujets à changements sans préavis.

• Manutention hiver • période de dégel du 1er janvier au 31 mars• Chargement le samedi (sur demande)

• Les taxes de vente fédérale et provinciale sont facturées en sus du prix des matériaux et de transport, selon les modalités en vigueur.

• Le client et/ou le transporteur s’engage à respecter les consignes de sécurité en vigueur sur nos sites.

• La quantité inscrite sur nos billets de livraison sera considérée comme la preuve de la quantité livrée.

• Le client s’engage à fournir des voies d’accès convenables jusqu’au point de déchargement.

• Le client assumera la responsabilité et les coûts des amendes dans le cas où les chemins publics sont salis par nos camions à cause de l’état du chantier.

• Nos camions ne passeront sur les trottoirs et ne pénétreront dans les entrées qu’à la suite des instructions spécifiques du client, pour lesquelles il assumera toute responsabilité.

• Matériaux acceptés sur certains sites, non contaminés selon le Ministère de l’environnement du Québec.

• Autorisation écrite obligatoire pour chaque dépôt avant l’arrivée des dépôts.• Conditions sujettes à changements sans préavis.

RESPONSABILITÉ

LIVRAISON

DÉPÔT MATÉRIAUX D’EXCAVATION

TRANSPORT

SUPPLÉMENTS

TAXES

Carrière Laval

Carrière St-François

Carrière Mirabel

Carrière Varennes

1500, boul. St-Martin EstLaval

2950, Montée Masson(St-François)

Laval

18625, Grand-St-Charles(St-Augustin)

Mirabel

3350, ch. de la Butte-aux-RenardsVarennes

Sablière St-Télésphore

1255, A chemin, St-Antoine Est St-Télésphore

Bureau des commandes : Téléphone : 450-651-3780 Sans frais : 1-866-651-3780

Bureau des ventes : 435, rue Trans-Canada Longueuil (Québec) J4G 2P9 Téléphone : 450-651-1117 Sans frais : 1-866-651-1117 Télécopieur : 450-677-1892

Facturation : Holcim (Canada) inc. C/O North American Business Services Boîte Postale 5400 Concord (Ontario) Canada L4K 1B6 Téléphone 1-800-854-4656 (8h00 – 19h00) Télécopieur 1-866-672-7422 Courriel : asknabs@holcim.com

• Toute commande est sujette à l’approbation de notre bureau de crédit. Nous nous réservons le droit d’interrompre la livraison de matériaux en cas de non-paiement et ce, à notre seule discrétion.

Le client n’aura alors comme seul et unique recours que de remédier immédiatement à son défaut.

MODALITÉS DE PAIEMENT

La pierre c’est notre affaire!

DXA-SD-0004 (revision 2009-02)