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Big Cedar-LR 920424 FROM FT · ~'[,~10~, TI'EXAS WAYBILL LOader No. GSOUTHERN REGION-TRINITY Lafarge Corporation P.O. BOX 324 DALLAS, TEXAS 75221 COMM. [ CODE I I Tr~ Sta~d at (If empty) Driver No. CODE Loaded Proceeded To MILES t TRACTOR NO. t' TRAILER NO. CX30077 CONSIGNED TO: CARRIER f RATE ROUTE XIT pAVING & CONSTRN BIG CEllAR ADDITION COPPELL C X: C INC Second Driver No. HUBODOMETER HOURS OF SERVICE (Hours + Minutes) TOTAL LOADED ONLY Driving ~l~tuty ~ : Driving Total on Corn~ Empty Miles L/Oe DESCRIFTION OF ARTICLES WEIGHT TYPE I CEMENT t t~UCTIONS LOAD 50,000 H~PSCO 1R44 tREQ. DEL. OATE:04/24/92 LBS NET****MILL TEST SEALS t REQ. DEL. TIME: INTACT***e* 07' O0 CARRIER TERMINAL 3534'66[ BILL OF LADING NUMBER 04724/~2 iILO 5 12848 t CUSTOMER NUMBER WEIGHT GROW: 7~)60 TARE: 25040 N~: 50020 LOAD OR~r'R - .UM~ ..... ,71B066 [ DIVERSION 04/24/~2 Reason: 06~ 12 06~ 12 + 06, 20 SEAL NUMBER: 873 Reason: X X AGE,IT-DRIVER SIGNATURE CONSIGNOR SIGNATURE U LOad E] Unload GRO~: TARE: NET: Reason: N DIVERSION FROM ORDERS X X ^aB~'r-I~,VER SleN~TUn£ CONSleNO~ SIGNATURE Explanation: X DDO NOT BILL N BILL TO TERMINAL MANAGER REV. 7/~ TERMS AND CONDITIONS CEMENTS AND AGGREGATES 1. TERMS OF PAYMENT: A ;)rompt payment discount in the amount stated on the inveice will be allowed on payments received by - the 10tl~ of the month for shipments invoiced during the previous month, provided no past due balances are outstanding at such time. Invoices not paid by the 10th of the month are due and payable ifi f~ll on the last day of the month following the month Of_ shipment. All invoices are payable at Seller's office as shown by the address on the invoice. 2. SALES & USE '['AXES: Where applicable, these taxes will be added and paid by the buyer. 3.. BULK SHIPMENTS: Carrier's or Seller's truck.scale weights and/or carrier's stenciled tare weights will be used, su, bject to applicable tariffs, ~end shall be conclusive. 4. CLAIMS: .Must be (i) submitted in writing within 45 days after receipt of product and (ii) supported by carrier's written acknowl- edgement as to loss, shortage, or damage. ALL CLAIMS NOT SUBMITTED IN STRICT COMPLIANCE WITH THIS PROVISION, WHICH 13 RECOGNIZED BY THE PARTIES AS REASONABLE, SHALL BE CONCLUSIVELY AND FINALLY WAIVED AND FOREVER BARRED. 5. LIABILITY: Seller shall not be liable for any delays or for any failure to manufacture, ship, supply or deliver pr .od~cts resulting from strikes, labor disputes, breakdowns, war, civil disturbances, floods, acts of God, carrers' or suppliers' delays or (~fauJ~s_,~0r re~Jlations~ of.~ny governmental authority. 6. SPECIFICATIONS: Seller's cements, when shippe(~ meet the requirements of the specifications of the ,United States government, or Standard Specifications for cements as adopted by the American Society for Testing and Materials (ASTM). The term Trinity Special Oil Well (Class H) cement, Trinity Lafarge (Class H) cement, and any other APl designation of cement used herein means cement so described has been manufactured to conform with criteria of the American Petroleum Institute (APl). Such cement will generally conform to all APl mandatory test requirements. However, due to manufacturing and testing tolerances, such cement may show variations from APl specifications between production cycles. SELLER MAKES NO GUARANTEE OF FINIS HED WORK WHATSOEVER· ! 7. LIMITATION & DISCLAIMER OF WARRANTIES: Any written warranties and any ~lisclaimer of warranties stated herein extend only to buyers fo~ commercial or industrial purposes or for purposes of resale and do not extend to buyers for personal, family, or household pur- poses. ANY GUARANTEES AND WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE: SELLER MAKES NO OTHER GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS. SELLER SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, AND IN NO EVENT SHALL SELLER BE LIABLE FOR AN AMOUNT EXCEEDING THE NET PURCHASE PRICE OF THE PRODUCT SHIPPED. 8. ROUTING: Will be designated by Seller." 9. TARIFF REGULATIONS: Rail and truck shipments will be subject to rates, rules, and regulations contained in the applicable tariffs of the carriers on date of shipment. 10.~ ~;I:UAL ..O~T~NITY EM~I~LO¥~I~: ~'h® ~ '~" ' .... "equal opperturtl~j ,'~,usp" ~ ~" by.~l~ederM' ~ order.. ~.r~ui~t~l~l: incorporated herein by reference and is made a part of this contract as If fully s~t forth~h~r~e~l~ :' ~: ' 11. FAIR *LABOR STANDARDS ACT: Seller hereby certifies that the products sold hereunder are manufactured in compliance_ with all applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and all regulations end orders of the United States Department of Labor issued under Section 14 thereof. 1~. W~RN.ING; FRESI-~Y. MIXED CEMENT,. MQRTAR~ GROUT OR CONCRETE MAY..CAUSE SKIN AND EYE INJURIES; AVOI[~' CON- TA~'I;'~NIT~' ~'~N -AND.~WASH 'F__.~POSED A~EAS ~WtTH W~,TER. IF~.. ANY :CEMENT..~,..R~CEMENT MIXTURES GE~'_I.N.T_O_T_HE__.E~'..E._S,,._R/NTSoE IMMEDIATELY AND REPEATEDLY WITH WATER AND GET PROMPT MEDICAL ATTENTION. THIS WARNING SHOULD BE ALL PERSONS WHO MAY PURCHASE, USE OR COME IN CONTACT WITH CEMENT AND CEMENT MIXTURE. FROM FT' ~. ~0~, ~EXAS WAYBILL GSOUTHERN REGION-TRINITY Lafarge Corporation P.O. BOX 324 DALLAS, TEXAS 75221 Loader No. IDflver No. CODE Trip at (ff emp~) To MILES t. TRACTOR NO. 1' TRAILER NO. CX30046 CONSIGNED TO: XIT PAY!NO & CONSTRN BIO CEDAR ADDITION COPPELL NO. OF PKGS. PAleR BAaS CARR,ER C X C I NC 1' RATE ROUTE Second Driver No. I HOURS OF SERVICE HUBODOMETER (Hours + Minutes) TOTAL LOADED ONLY Driving : Driving Total on : Dub/ compute Empty Miles. TYPE L/O# 353474 1' INSTRUCTIONS 1' REQ, DEL. DATE:04 / 24 / 92 LOAD 40,000 LBS NET MILL TEST MAPSCO I CARRIER TERMINAL 353474 DESCRIPTION OF ARTICLES TYPE I CEMENT WEIGHT BILL OF LADING NUMBER 04/24/92 ~4~: CUSTOMER NUMBER WE GH;T * REQ. DEL. TIME: SEALS INTACT**** OBI30 t GROSS: 1' TARE:' 1' NET: 64360 24360 40000' DIVERSION 04/24/92 07148 07t48 07 t 49 RECEIVED ABOVE IN GOOD ORDER EXCEPT AS NOTED:. SEAL NUMBER: ,974 1. GROSS: t TARE: t NET: Reason: AGENT-ORIVER 81GNATURE CONSIGNOR 81GNATURE "--J Load n"~ Unload [I---1 I EXPlanation: I I DO NOT BILL I [OBILL TO X X AGENT-DRIVER 81GNATURE CON~IGINOR ~IGNATURE X T~;IMINAL MANAGER REV. 7/88 TERMS AND CONDITIONS CEMENTS AND AGGREGATES .... 1. TERMS OF PAYMENT: A prompt payment discount in the amount stated on the invoice-will be allowed on payments received by the 10th of the month for shipments invoiced during the previous month, provided no past due balances are outstanding at such time. Invoices not paid by the 10th of the month are due and payable in full on the last day of the month following the month of shipment,. All invoices are payable at Seller's office as shown by the address on the invoice. 2. SALES & USE TAXES: Where applicable, these taxes will be added and paid by the buyer. - - 3, BULK SHIPMENTS: Carrier's or Seller's truck scale weights and/or carrier's stenciled tare weights will be used, subject to applicable fa~tffs, a~nd~ shall be conclusive. 4, CLAIMS: Must be (i) submitted in writing within 45 days after receipt of product and (il) supported by carrier's written acknOwl- edgement as to loss, shortage, or damage. ALL CLAIMS NOT SUBMITTED IN STRICT COMPLIANCE WITH THIS PROVISION, WHICH IS RECOGNIZED BY THE PARTIES AS REASONABLE, SHALL BE CONCLUSIVELY AND FINALLY WAIVED AND FOREVER BARRED. 5. LIABILITY: Seller shall not be liable for any delays or for a~ny faiture to manufacture, ship, supply;or deliver products resulting from strikes, labor disputes, breakdowns, war, civil disturbances, floods, acts Of G~d, 0a~riers' or suppliers' delays or defaul~, Or,regi~lations of:any governmental authority. - · ~ 6. SPECIFICATIONS: Seller's cements, when shipped, meet the requirements of the specifications of the ~United Stat~s government, or Standard Specificatl~)ns for cements as adopted by the American Society for Testing and Materials (ASTM). The term Trinity Special Oil Well (Class H) cement, Trinity Lafarge (Class H) cement, and any other APl designation of cement used herein means cement so described has been manufactured to conform with criteria of the American Petroleum Institute (APl). Such cement will generally conform to all AP~ mandatory test requirements. However, due to manufacturing and testing tolerances, such c~ement may show variations from APl specifications between production cycles. SELLER MAKES NO GUARANTEE OF FINISHED WORK WHATSOEVER. 7. LIMITATION & DISCLAIMER OF WARRANTIES: Any written warranties and any disclaimer of warranties stated herein extend only to buyers for commercial or industrial purposes or for purposes of resale and do not extend to buyers for personal, family, or household pUr- poses. ANY GUARANTEES AND WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE: SELLER MAKES NO OTHER GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED. INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS. SELLER SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES O F ANY NATURE, AND IN NO EVENT SHALL SELLER BE LIABLE FOR AN AMOUNT EXCEEDING THE NET PURCHASE PRICE OF THE PRODUCT SHIPPED. 8. ROUTING: Will be designated' by Seller. 9. TARIFF REGULATIONS: Rail and truck shipments will be subject to rates, rules, and regulations contained in the applicable-tariffs of the carriers on date of shipment. incorporated herein by reference and is made a part of this contract as if'fully'set forth herbitol.' -- - _11~ FAIR LABOR STANDARDS ACT: Seller hereby certifies that the products sold .hereunder are manufactured in compliance with el applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and all regulations and orders of the United Slates Department of Labor issued under Section 14 thereof. ~ I~.,.~,~RNI~.; ~FRESHLY. MIXED .C_~I~ENT, MCR'JAR GROUT ,OR CONCRETE M~Y CAUSE SKIN AND EYI~ IN:JU~I~IES. AvoID' CON- ~3~I'.~'~$K11~' A'N~:WASH~EXPOSEID AREAS WiTl'( W:~TER. IF'ANY ~EMENT ~0~ENT MIXTURES GET INTO THE EYES, RINSE iMMEDIATELY AND REPEATEDLY WITH WATER AND GET PROMI~' MEDICAE':ATT[~I'i01~ THIS WARNING SHOULD BE CONVEYED TO ALL PERSONS WHO MAY PURCHASE, USE OR COME IN CONTACT WITH CEMENT AND CEMENT MIXTURE. FROM FT ' t~.T~oPF~,TTExAS WAYBILL Loader No. IDriver No. CODE SOUTHERN REGION-TRINITY Lafarge Corporation P.O. BOX 324 DALLAS, TEXAS 75221 I S~iver No. I HOURS OF SERVICE HUBODOMETER (Hours + Minutes) LOADED ONLY Driving COMM. CODE Tr~ Started et (ff eml~) At MILES CONSIGNED TO: TOTAL Driving Total on Compute Empty Miles TVPIE LCX20112 3'53417 ?ll04,t CARRIER TERMINAL :~WEIGHT OR~ED C~.la~ ~' RATE ROUTE TYPE DESCRIPTION OF ARTICLES WEIGHT 3534171 BILL OF LADING NUMBER 04/23/9'2 3 WEIGH~T + (~ROSS: 78640 ~ WmE:. 28420 + N~: 50220 LOAD OF~bER NUmaR..,,,,78041 ~ IN~rRUCTION$ REG. DEL. DATE:04/23/'~2 + REQ, DEL. TIME: 24 1 O0 DIVERSION AMOUNT Reason: X X SEAL NUMBER: U Load D Unload CON~GNOR SIGNATURE GROSS: TARE: NET: r'--]Reas°n: X X DIVERSION FROM ORDERS AGBqT-ORIVB~ SIGNATURE CONSIGNOR 81~NATU~E I~ DO NOT BILL IF'xplanetl°n: n-I BILL TO X' TERMS AND CONDITIONS CEMENTS AND AGGREGATES 1. TERMS OF PAYMENT: A prompt payment discount in the amount stated on the invoice will be allowed on payments received by the 10th of the month for shipments invoiced during the previous month, provided no past due balances are outstanding at such time. Invoices not paid by the 10th of the month are due and payable in full on the last day of the month following the _month of shiprrLen._t. All invoices are payable at Seller's office as shown by the address on the invoice. 2. SALES & USE TAXES: Where applicable, these taxes will be added and paid by the bu~,er. ' 3. BULK SHIPMENTS: Carrier's or Seller's truck scale weights and/or carrier's stenciled tare weights will be used, subiect to applicable tariffs, and shall be conclusive. 4, CLAIMS: Must be (i) submitted in writing within 45 days after receipt of product and (ii) supported by carrier's written acknow[, edgement as to loss. shortage, or damage. ALL CLAIMS NOT SUBMITTED IN STRICT COMPLIANCE WITH THIS PROVISION, WHICH IS'~ RECOGNIZED BY THE PARTIES AS REASONABLE, SHALL BE CONCLUSIVELY AND FINALLY WAIVED AND FOREVER BARRED. 5, LIABILITY: Seller shall not be liable for any delays or for any failure to manufacture, ship, supply o~r de!i,ver products resulting- from strikes, labor disputes, breakdowns, war, civil disturbances, floods; acts of Go~'carr ers' or supplier_s'.delays or d~fauits~_or regulati(~ns Off, ny governmental authority. 6. SPECIFICATIONS: Seller's cements, when shipped, meet the requirements of the specifications of the Unite¢ States government, or Standard Specifications for cements as adopted by the American Society for Testing and Materials (ASTM). The term Trinity Special Oil Well (Class H) cement, Trinity Lafarge (Class H) cement, and any other APl designation of cement used herein means cement so described has been manufactured to conform with criteria of the American Petroleum Institute (APl). Such cement will generally conform to all APl mandatory test requirements. However, due to manufacturing and testing tolerances, such cement may show variations from APl specifications between production cycles. SELLER MAKES NO GUARANTEE OF FINISHED WORK WHATSOEVER. 7. LIMITATION & DISCLAIMER OF WARRANTIES: Any written warranties and any disclaimer of warranties stated herein extend only to buyers fo~ commercial or industrial purposes or for purposes of resale and do not extend to buyers for personal, family, or household pur- poses. ANY GUARANTEES AND WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE: SELLER MAKES NO OTHER GUARANTEES OR WARRANTIES, EXPRESSED OR IMPLIED. INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS. SELLER SHALL NOT SE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, AND IN NO EVENT SHALL SELLER BE LIABLE FOR AN AMOUNT EXCEEDING THE NET PURCHASE PRICE OF THE PRODUCT SHIPPED. 8. ROUTING: Will be designated b~'Seller. 9. TARIFF REGULATIONS: Rail and truck shipments will be subject to rates, rules, and regulations contained in the applicable tariffs of the carriers on date of shipment. ~ncorporated herein by reference and is made a part of this contract as if ful~'f~Sf~ ~er~n. ,? ~ .... ~' · ......... 11. FAIR LABOR STANDAF~DS ACT: Seller hereby certifies that the products sold hereunder are manufactured in compliance with ail applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and all regulations and orders of the United States Department of Labor issued under Section 14 thereof. 1[~ WARNING: FI~ESHLY ~MIXED CEMENT, MORTAR, GROUT OR,CQINCRETI~ M,~..CAUSE SKIN AND EYE INJURIES. AVOID CON- ,TACT/W~i~H ~KIN AND/~ASH I~(POSED. AREAS WiTH WA~ER; 'IF~-:~[EI~F'~.~DR:~ENT MIXTURES GET INTO THE EYES, RINSE IMMEDIATELY AND REPEATEDLY WITH WATER AND GET PROMP~I~ICAI:. AT~ENTI~. THIS 'WARNING SHOULD-aE CONVEYED TO ALL PERSONS WHO MAY PURCHASE, USE OR COME IN CONTACT WITH CEMENT AND CEMENT MIXTURE, FROM FT' ~.T~~TTExAS WAYBILL Loader No. COMM. CODE T~e Started at (if empty) Driver No. CODE Loaded Proceeded To MILES t TRACTOR NO. 1. TRAILER NO. CX3OO46 DIQHT ERED CARRIER 1. RATE ROUTE CONSIGNED TO: XIT PAVING BIO CEDAR COPPELL : ' , . ' PA~ BAG8 C IN{:: SOUTHERN REGION-TRINITY Lafarge Corporation P.O. BOX 324 DALLAS, TEXAS 75221 Second Driver No. HUBODOMETER HOURS OF SERVICE (Hours + Minutes) TOTAL LOADED Driving : : Ddving Total on : Duty Compute Empty Miles & CONSTRN ADDITION DESCRIPTION OF ARTICLE8 TYPE I CEMENT CARRIER TERMINAL 353423, t BILL OF LADING NUMBER . .~T~ TYPE B/La L/O~ 353423 WEIGHT CROSS: 74600 TARE: 246,00 NET: ~10000 NUMBER .l ~'77~95'3 1' INS'rRUCTION~ 1. REQ DEL. DATE:O4 LOAD 50,000 LBS NET + REQ. DEL. TIME: O8 ~ ;30 1' SEAL NUMBER: ? 1' GROSS: ~ 1. TARE: t' NET: Reason: LX AGIENT-ORIV~R $11~ATURE CONSIGNOR 81QNAI~IRE ~1 Load U Unload Reason: n-]DIVERSION FROM ORDERS I-'-I DO NOT BILL Explaoatlon: I~1 BILL TO X X AGENT-DRIVER SIGNATURE CONSlONOR SIGNATURE X TERMINAL MANAGER TERMS AND CONDITIONS CEMENTS AND AGGREGATES 1. TERMS OF PAYMENT: A prompt payment discount in the amount stated on the invoice will be allowed on payments received by the 10th of the month for shipments invoiced during the previous month, provided no past due balances are outstanding at such time. Invoices not paid by the 10th of the month are due and payable In full on the last day of the month following the month of shipment. All n¥oices are payable at Seller's office as shown by the address on the invoice. ,. 2. SALES & USE TAXES: Where applicable, these taxes will be added and paid by the buyer. 3. BULK SHIPMENTS: Carrier's or Seller's truck scale weights and/or carrier's stenciled tare weights will be used, subject to applicable tariffs, and shall'~)e conclusive, 4. CLAIMS: Must be (i) submitted in writing within 45 days after receipt of product and (ii) supported by carrier's written acknowl--- edgement as to loss, shortage, or damage. ALL CLAIMS NOT SUBMITTED IN STRICT COMPLIANCE WITH THIS PROVISION WHICH IS RECOGNIZED BY THE PARTIES AS REASONABLE, S HALL BE CONCLUSIVELY AND FINALLY WAIVED AND FOREVER BARRED. 5. LIABILITY: Seller shall not be liable for any delays or for any failure to manufacture, ship; supply ,oK---deliyer. products, re{~ulting from strikes, labor disputes, breakdowns, war, civil disturbances, floods, 'acts of GOd carriers' or supplier_s' delays or_d~faultS~ Or r _e(julations of=_an~y. governmental authority. 6. SPECIFICATIONS: Seller's cements, when shipped, meet the requirements of the specifications of the ~United States government, or Standard Specifications for cements as adopted by the American Society for Testing and Materials [ASTM). The term Trinity Special Oil Well (Class H) cement, Trinity Lafarge (Class H) cement, and any other APl designation of cement used herein means cement so described has been manufactured to conform with criteria of the American Petroleum Institute (APl). Such cement will generally conform to all APl mandatory test requirements. However, due to manufacturing and testing tolerances, such cement may show variations from APl specifications between production cycles. SELLER MAKES NO GUARANTEE OF FINISHED WORK WHATSOEVER. 7. LIMITATION & DISCLAIMER OF WARRANTIES: Any written warranties and any disclaimer of warranties stated herein extend only to buyers for commercial or industrial purposes or for ;)urposes of resale and do not extend to buyers for personal, family, or household pLir- poses. ANY GUARANTEES AND WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE: SELLER MAKES NO OTHER GUARANTEES OR WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS. SELLER SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAG ES OF ANY NATURE, AND N NO EVENT SHALL SELLER BE LIABLE FOR AN AMOUNT EXCEEDING THE NET PURCHASE PRICE OF THE PRODUCT SHIPPED. 8. ROUTING: Will be designated by Seller. 9. TARIFF REGULATIONS: Rail and truck shipments will be subject to rates, rules, and regulations contained in the applicable tariffs of the carriers on date of shipment. incorporated herein by reference and is made a part of this contract asff fa~ forth heretn. · · - · ' 11. FAIR LABOR STANDARDS ACT: Seller hereby certifies that the products sold hereunder _are manufactured in compliance with all applicable requirements of Sections 6, 7, and 12 of the Fair Labor Standards Act, as amended, and all regulations and orders of the United States Department of Labor issued under Section 14 thereof. 12. WARNING: FPiESHLY M.!~ED CEMENT MORTAR, GROUT OR ~CONCRE~E,MAY.CAUSE SKIN AND "EYE INJURIES~. A~/OID CON- 'I'ACT WI~H SKIN AND'=W~,~St~I EX~SED~':-AREAS WITH W~,~Ei~,. tF ~; CEMEN~'~::~ C~._l~l_ ENT MIXTURES GET INTO THE EYES, RINSE IMMEDIATELY AND REPEATEDLY WITH WATER AND GET PROMPT MEDICAL'ATTENTION. THIS WARNING SHOULD BE CONVEYED TO ALL PERSONS WHO MAY PURCHASE, USE OR COME IN CONTACT WITH CEMENT AND CEMENT MIXTURE,