Terms & Conditions of Sale and Delivery

By placing an order with Palmetto Sand & Gravel LLC (“Company”), the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions. Electronic acceptance during checkout constitutes a legally binding agreement.

• GENERAL ACKNOWLEDGMENT

The Customer assumes all risk and liability associated with the ordering, delivery, placement, unloading, storage, handling, installation, and use of materials supplied by the Company.

The Company is not a licensed engineering, grading, excavation, or building contractor. Any material recommendations or suggested uses are based solely on common industry applications and are not engineering or construction advice. The Customer is solely responsible for verifying suitability for their intended application and compliance with all local, state, HOA, zoning, engineering, septic, drainage, and building requirements.

• NATURAL MATERIAL VARIATION

All aggregate, stone, sand, soil, fill dirt, topsoil, decorative rock, recycled material, and similar products sold by the Company are natural quarry or earth materials and are not manufactured to exact cosmetic or dimensional uniformity.

The Customer acknowledges and accepts that materials may naturally vary in:

• Size and gradation

• Shape and texture

• Color and appearance

• Moisture content

• Dust and fine material

• Cleanliness

• Composition

• Quarry source

• Density and weight

Washed or clean aggregate products may still contain dust, chips, broken stone, fines, or smaller material due to quarry processing, transportation, handling, loading, unloading, and normal material breakdown.

Material photos shown online, in advertisements, or in marketing materials are representative only and are not guarantees of exact appearance.

• QUANTITY, WEIGHT, AND LOAD VARIATION

All materials are sold as approximate bulk tonnage or volume measurements loaded by heavy equipment.

The Customer acknowledges and accepts that delivered quantities, weights, and load sizes may reasonably vary due to:

• Loading practices

• Moisture content

• Material density

• Quarry conditions

• Scale tolerances

• Truck positioning during loading

• Material compaction and settling during transport

Aggregate, soil, sand, and stone products are bulk materials and are not precision-packaged products. Slight overages or shortages may occur as part of normal industry variation.

Scale tickets, quarry tickets, supplier tickets, GPS records, and Company delivery documentation shall control in the event of any dispute regarding delivered quantity or material weight.

• MATERIAL CALCULATORS AND ESTIMATES

Any material calculator, coverage estimate, tonnage estimate, or quantity recommendation provided on the Company’s website is for general planning purposes only.

Calculator results may vary based on:

• Material moisture content

• Compaction

• Depth consistency

• Ground conditions

• Material density

• Settlement

• Waste, spreading, and grading practices

• Customer measurements

The Customer is responsible for verifying measurements and ordering the amount needed for their specific project. The Company does not guarantee that calculator estimates will result in exact coverage, final grade, compaction, or finished depth.

• DELIVERY SITE CONDITIONS

The Customer is solely responsible for ensuring that the delivery location is safe, accessible, and capable of supporting heavy commercial trucks weighing up to approximately 70,000 pounds gross vehicle weight.

Unsafe conditions may include, but are not limited to:

• Soft or wet ground

• Mud

• Narrow driveways

• Steep grades

• Low-hanging branches or wires

• Tight turning areas

• Unstable pavement

• Underground utilities

• Septic systems

• Retaining walls

• Irrigation systems

The driver may refuse delivery or unload at the nearest safe location at the driver’s sole discretion.

If delivery cannot be completed due to unsafe or inaccessible conditions, additional fees may apply.

• PROPERTY DAMAGE DISCLAIMER

The Customer assumes all liability for any property damage associated with truck access, unloading, placement, or delivery operations.

The Company shall not be liable for:

• Cracked asphalt or concrete

• Ruts or ground disturbance

• Lawn or landscaping damage

• Damage to curbs, sidewalks, or driveways

• Damage to underground utilities, pipes, septic systems, or irrigation

• Surface staining

• Road shoulder damage

• Sinkage caused by truck weight

The Customer is responsible for clearly identifying all underground utilities and hazards before delivery.

• MATERIAL ACCEPTANCE

Material shall be deemed accepted immediately upon unloading, placement, spreading, use, relocation, or upon the driver leaving the delivery site.

The Customer is responsible for inspecting material upon delivery.

Any concerns regarding incorrect material must be reported immediately before the material is spread, moved, altered, mixed, or used.

Once material has been unloaded, spread, used, contaminated, relocated, or incorporated into a project, it is non-returnable and non-refundable.

• TAILGATE SPREADING

Tailgate spreading is provided only as a convenience and is not guaranteed to produce uniform results.

The Customer acknowledges that material flow may vary based on:

• Material type

• Moisture conditions

• Stone size

• Truck movement

• Terrain

• Weather

The Company makes no warranty regarding spread consistency, thickness, appearance, or finish quality.

• DELIVERY DOCUMENTATION

The Company may document deliveries through:

• GPS tracking

• Time stamps

• Quarry tickets

• Scale tickets

• Delivery photos

• Delivery videos

• Text messages

• Electronic communications

Such documentation may be used to verify delivery completion, material type, quantity, placement location, and customer acceptance.

• SUBCONTRACTORS

The Company may utilize subcontracted drivers, owner-operators, carriers, suppliers, quarries, or third-party trucking services. All Company Terms and Conditions apply equally to subcontracted deliveries.

• CANCELLATION AND REFUND POLICY

Aggregate and bulk material orders require at least 24 hours’ notice for cancellation.

If trucks have already arrived at the quarry or supplier, a travel and dispatch fee may apply.

Once material has been loaded, all sales are final and non-refundable because bulk aggregate material is considered contaminated and cannot be returned to the supplier.

If the Company voluntarily provides replacement material or corrective delivery as a courtesy, such replacement shall constitute full resolution of the claim, and no further refund, replacement, credit, or damages shall be owed.

• WAIT TIME AND DELIVERY DELAYS

Deliveries include a 30-minute grace period. Additional wait time caused by site delays, blocked access, unavailable personnel, or unsafe unloading conditions may result in additional charges.

Delivery schedules are estimates only and may be delayed due to:

• Weather

• Mud or unsafe site conditions

• Quarry shutdowns

• Equipment failure

• Traffic

• DOT restrictions

• Mechanical breakdowns

• Material shortages

• Events outside the Company’s control

The Company shall not be liable for delays, project interruptions, scheduling conflicts, or consequential damages arising from such delays.

• DEBRIS AND ROAD SPRAY

Trucks are tarped in accordance with DOT requirements; however, the Company shall not be liable for gravel, dust, debris, or material that may escape during transit or unloading.

• LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Company’s maximum liability for any claim relating to products or services shall not exceed the amount actually paid by the Customer for the specific order in dispute.

Under no circumstances shall the Company be liable for:

• Consequential damages

• Lost profits

• Contractor delays

• Labor costs

• Removal costs

• Replacement costs

• Diminished property value

• Incidental or indirect damages

• INDEMNIFICATION

The Customer agrees to indemnify, defend, and hold harmless the Company, its owners, employees, drivers, subcontractors, and affiliates from any claims, damages, fines, penalties, lawsuits, losses, or expenses arising from:

• Delivery access

• Site conditions

• Placement instructions

• Property damage

• Material use

• Regulatory violations

• Third-party claims

• GOVERNING LAW AND VENUE

These Terms and Conditions shall be governed by the laws of the State of South Carolina.

Any dispute arising from the sale, delivery, or use of materials shall be brought exclusively in Spartanburg County, South Carolina.

• MODIFICATIONS

The Company reserves the right to update or modify these Terms and Conditions at any time. The version in effect at the time the order is placed shall govern the transaction.