Who we are
Our website address is: www.americandirtdelivery.com/
Deliveries will be made on a continual daily basis between the hours of 8am and 5pm until the amount needed by above company is met. Delivery Address is defined above in estimate, or invoice. Due to the nature of our business and weather, delivery date could take 5-45 business days, excluding weather and dry time days. Texas Dirt Delivery contracts to 3rd Parties, only make payments to Texas Dirt Delivery. DO NOT PAY DRIVERS directly. Please see 3rd Party Provider section
OFFER TO SELL:
Texas Dirt Delivery hereby offers to sell the products described in this Quotation (the “Goods”), but only on the terms and conditions described herein. If Buyer submits to Texas Dirt Delivery a purchase order or other documentation with terms and conditions different from or additional to the terms and conditions described in this Quotation, Texas Dirt Delivery hereby objects to those terms and does not assent to them. No such term shall be considered to be a part of any contract between the parties. The terms of Texas Dirt Delivery ’s Quotation, except for these Conditions of Sale, are not binding, do not constitute an offer and are subject to change without notice.
Payment terms are due to be paid immediately after delivery from the date of the estimate or invoice issued by Texas Dirt Delivery . INITIAL Payment to be made to Texas Dirt Delivery of 20% down to start order. Any payments not made within ten (35) days of the date of the invoice shall be subject to a late payment charge of 1.5% per month (compounded) on the unpaid balance of any amount then passed due. Texas Dirt Delivery will file a lien against the property if payment isn't made within 21 days of delivery, unless otherwise agreed upon other payment terms.
LIMITATION OF LIABILITY:
TEXAS DIRT DELIVERY’S LIABILITY TO BUYER, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED IN ANY CASE THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES SHALL Texas Dirt Delivery BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE GOODS IS CONSIDERATION FOR LIMITING TEXAS DIRT DELIVERY’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS INVOICE MAY BE BROUGHT BY BUYER MORE THAN ONE MONTH AFTER THE DATE OF THIS INVOICE. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT WILL Texas Dirt Delivery BE RESPONSIBLE OR LIABLE FOR (A) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, OR (B) INDEMNIFICATION OF BUYER OR OTHERS FOR COSTS, DAMAGES, OR EXPENSES ARISING OUT OF OR RELATED TO THE GOODS.
In the case of default or breach by Buyer in the performance of any or all of the provisions of this agreement, Texas Dirt Delivery may cancel any outstanding order from Buyer and declare all obligations immediately due and payable, and shall in addition have all remedies afforded by any applicable law as enacted in Texas. Buyer shall in addition, be liable for Texas Dirt Delivery’s expenses incurred in exercising any remedies available to it, including reasonable attorney’s fees and legal expenses. All unpaid obligations shall bear interest at the contract rate provided under the terms of payment above.
In addition to the foregoing, Buyer agrees to save and hold Texas Dirt Delivery harmless from any claims, demands, liabilities, costs, expenses or judgments arising in whole or in part, directly or indirectly, out of the negligence or lack of care by Buyer or Buyer’s customers, agents, employees, or invitees involving the use of goods supplied by Texas Dirt Delivery. This indemnification shall include all costs, attorney’s fees, and other expenses paid or incurred by or imposed on Texas Dirt Delivery in connection with the defense of any such claim.
Refunds, Returns & Cancellations:
Since 90% of our cost is trucking, we do not refund trucking cost after delivery is made. We also do not accept returns of any kind due to the nature of the business. Any order cancelled within 24 hours of scheduled delivery will result in a cancellation fee of a 4-hour minimum or / 4 load minimum driver fee, per driver. Cancelled orders with signature approval will result in a 15% cancellation charge on the entire order due to incurred dispatching fees.
Exclusivity- 3rd Party Provider:
Texas Dirt Delivery contracts out to 3rd parties to fulfill your dirt order.
-Payments need to be made directly to Texas Dirt Delivery
-DO NOT PAY DRIVERS
-Based on the nature of this business, by signing this contract your
you are agreeing to receive the full amount of Dirt for your project making Texas Dirt Delivery the Exclusive and only supplier for your order. The customer is not permitted to talk to any Drivers, Suppliers, Pits, Dirt Supply Locations under this agreement.