Terms of Service

Acceptance of Terms

These terms form a binding agreement between you and BLACK DESERT CONCRETE INC. You accept them when you browse the website, submit the contact form, send an email to the yard desk, call the number listed on the site or accept a written estimate for work. If you do not agree to these terms, please do not use the site and do not authorize any work.

If you accept on behalf of a company, a partnership or another legal entity, you confirm that you have authority to bind that entity to these terms. If you accept on behalf of a household, you confirm that you are an owner of the property or that you are authorized by an owner to request the work.

Definitions

In these terms, the words below carry the following meaning. We, us and our refer to BLACK DESERT CONCRETE INC. You and client refer to the person or entity that uses the site or engages our services. The word services refers to the concrete work, planning, advisory work, finish work and related support that we provide. The word site refers to a property at which work is to be performed. The word agreement refers to a signed estimate, a project contract or a written confirmation of scope that we issue and you accept.

The word work refers to the physical tasks described in an agreement, including form building, pouring, screeding, curing, stamping, sealing and any related supply. The word deliverable refers to a plan, a drawing or another document that we prepare for you. A business day is Monday through Friday, excluding a public holiday observed in Utah.

Eligibility and Authority

You must be at least eighteen years old to request work or to accept an agreement. If you are younger than eighteen, you may use the site only with the involvement of a parent or guardian who accepts these terms on your behalf. You represent that the information you give us is accurate and that you have the right to authorize work at the site you name.

If a property has more than one owner, you confirm that the other owners consent to the work or that you hold authority to act for them. We may ask for written confirmation of authority before we set a form on a shared boundary, an easement or a property held in trust.

Our Services

We provide concrete systems design and pour yard services. The six benches described on the website are the standard structure of our work: the mold box desk that turns a sketch into a numbered form plan, the screed run rounds that set the flatness of a slab, the cure band weeks that protect the slab while it gains strength, the stamp press days that imprint a pattern, the mix design sessions that tune a batch to the local climate, and the seal coat evenings that protect a cured surface.

The scope of a specific job is set by the written agreement for that job. A general description on the website is not a promise to perform every bench on every site. Where an agreement lists a narrower scope, the agreement controls. We may decline work that falls outside our competence, that presents an unreasonable safety risk or that would require a permit or a license that we do not hold.

Quotes and Estimates

A quote is based on the information available at the time it is prepared, including a site walkthrough, a drawing, a photograph and the current cost of materials and labor. A quote is valid for thirty days unless it states a different period. After that period, the figures may be revised.

A quote is not a contract. A contract is formed only when you accept the written scope and we confirm the acceptance or when both parties sign a project agreement. If a hidden condition appears after a quote, such as a buried utility, an unstable subgrade or a slope that was not visible at the walkthrough, we will explain the condition and issue a revised scope before any additional work proceeds.

Project Agreements

A project agreement sets the scope, the price, the payment schedule, the pour window and the responsibilities of each side. It may include drawings, a mix specification, a pattern sample reference and a cure schedule. The agreement, together with these terms, is the complete statement of what we will do and what you will do for that job.

If a conflict exists between these terms and a signed project agreement, the signed agreement governs for that job to the extent of the conflict. A statement made during a phone call or in a message does not change an agreement unless it is confirmed in writing and accepted by both sides.

Scheduling and Pour Windows

Concrete work depends on a chain of benches, and each bench must finish before the next begins. The mold box desk and the mix design session come first, the screed run and the cure band follow the pour, and the stamp press and the seal coat wait for the right condition. We set a pour window rather than a single hour because the mix, the weather and the readiness of the site must all align.

We will confirm a pour window in writing and will give as much notice as we can if the window must move. A client should keep the site clear and accessible on the confirmed day. If a delay is caused by a condition that we do not control, the window will be rescheduled to the next available slot without a penalty to either side.

Client Responsibilities

A good pour depends on a client who prepares the site and shares accurate information. You agree to provide safe access to the site, to clear personal property from the work area, to remove or protect vehicles, plants and fixtures that are not part of the work, and to tell us about any known utility, easement, drain or buried structure.

You also agree to keep pets and visitors clear of the work zone, to secure any permit that the property must hold, and to review a mix sample or pattern sample before a stamp press day. If a decision about a finish, a color or a layout is needed, please make it before the pour, since changing a choice after the mix has landed may not be possible without removing finished work.

Site Access and Conditions

We require reasonable access for a truck, a crew and the tools needed to pour and finish a slab. If a gate, a slope, a narrow lane or a soft shoulder makes access difficult, we will discuss it during the walkthrough and may adjust the plan, the price or the equipment we bring. A condition that is unsafe for the crew or for equipment is a reason to pause work until it is corrected.

We are not responsible for damage to a surface, a plant or a fixture that was not disclosed and that was not visible at the walkthrough. We are also not responsible for a delay or a loss caused by a third party working at the site, such as another trade that blocks an access route or disconnects a water supply we need.

Pricing and Payment

The price for a job is set in the written agreement. Unless the agreement states otherwise, a deposit is due when the agreement is accepted, a progress payment is due when the form box is completed and the balance is due on the final walkthrough. An invoice lists the amount due and the date by which it must be paid.

Materials are priced at the market rate on the date the agreement is accepted. If a material cost rises sharply before a pour, we will discuss the change with you before we proceed. Late payment may pause work and may carry a late fee stated in the agreement to the extent the law allows. We accept payment by the methods listed on the invoice, and a receipt is provided for every payment.

Change Orders

Any change to the scope of a job is handled by a change order. A change order is a short written document that describes the change, the effect on the price and the effect on the schedule. Both sides sign it before the changed work begins.

Examples of a change include adding a walkway, enlarging a patio, switching a pattern after a sample is approved, or adding a seal coat to a job that did not include one. A verbal request to make a change does not authorize the change until it is written down and accepted. If an urgent safety issue requires immediate action, we may act first and document the change as soon as possible.

Cancellation and Delay

You may cancel a job before work begins. If you cancel after materials have been ordered or after the form box has been built, you are responsible for the reasonable cost we have already incurred, including material that cannot be returned and labor already performed.

We may cancel or reschedule a job if the site is unsafe, if the weather makes a proper pour impossible, if a permit is missing, or if a client fails to make a required payment. If we cancel for a reason within our control, we will return any deposit for work not yet performed and will offer the next available pour window.

Weather and Desert Conditions

Deserts can be hard on fresh concrete. Heat, wind and sudden cold each affect how a mix sets and how a surface finishes. Our cure band schedule accounts for these conditions, and we may delay a pour if the forecast shows a risk to the finish or to the strength of the slab.

A delay for weather is not a breach of the agreement by either side. We will monitor the forecast and give as much notice as we can. A client should understand that a surface may show a slight tonal variation even after careful work, because a desert slab cures under real sun rather than a controlled laboratory setting.

Warranty and Workmanship

We warrant that our work will be performed in a workmanlike manner and in line with the written scope. If a defect in our workmanship appears within the warranty period stated in the agreement, we will repair it at no cost to you, provided that the defect is not caused by a condition outside our control.

The warranty does not cover damage from a vehicle, a chemical spill, an excavation by another party, a failure of a base that we did not install, or ordinary wear in a harsh climate. The warranty does not cover a hairline crack that results from normal curing, since such cracks are expected in exterior concrete and are addressed, where needed, by a proper joint layout.

Except as stated in an agreement or required by law, we make no other warranty, whether express or implied, including any implied warranty of fitness for a particular purpose. All other warranties are excluded to the fullest extent that the law permits.

Intellectual Property

The content of this website, including the text, the layout, the pour yard illustrations and the six bench descriptions, belongs to BLACK DESERT CONCRETE INC or to the developer who licenses it to the company. You may read the site and print a page for your own use, but you may not copy a substantial part of the content, republish it or use it to build a competing site without written permission.

A design drawing, a mold box plan or a sample record that we prepare for your job is provided for that job. You may keep a copy for your records and share it with a professional adviser, but you may not resell it or reuse it for another property without our consent. Any variation of the process or the look of our pour yard that is captured in a delivered drawing remains our intellectual property for the purpose of reuse and publication.

Acceptable Use of the Website

You agree to use the website lawfully and in a way that does not harm the site or another visitor. You may not attempt to gain unauthorized access to the site, send a message that contains malware, scrape the content at a volume that burdens the server, or use the contact form to send spam.

We may suspend access to a person who violates this section or whose conduct places the site at risk. A suspension does not affect an active project agreement, which continues under its own terms. If you discover a security weakness in the site, please report it to the yard desk rather than exploiting it.

Limitation of Liability

To the fullest extent that the law allows, BLACK DESERT CONCRETE INC is not liable for an indirect, incidental, special or consequential loss that arises from the use of this website or from a project, including a loss of profit, a loss of use or a loss of opportunity.

Our total liability for a project is limited to the amount you paid us for the specific work that gave rise to the claim, unless a greater limit is required by law. Nothing in these terms limits liability for fraud, for willful misconduct or for any liability that cannot lawfully be limited. Some jurisdictions do not allow a certain exclusion, so part of this section may not apply to you, but the rest remains in force.

Indemnification

You agree to indemnify and hold BLACK DESERT CONCRETE INC and its crew harmless from a claim, a loss or an expense that arises from your breach of these terms, from inaccurate information you provided, from a hazard at the site that you did not disclose, or from your own negligent act in the work zone.

We will notify you promptly if a claim of this kind arises and will cooperate in the defense. You may not settle a claim in a way that admits fault on our part without our written consent. This section survives the end of the agreement.

Dispute Resolution

If a disagreement arises, please contact the yard desk first. Most concerns about a surface, a schedule or an invoice can be resolved with a walkthrough and a straightforward conversation. We will respond to a written concern within ten business days and will propose a practical remedy.

If a concern cannot be resolved by discussion, the parties agree to attempt mediation with a neutral mediator before filing a legal claim. If mediation fails, a dispute will be resolved in the state or federal courts located in Utah, and both parties consent to the jurisdiction of those courts. The laws of the State of Utah govern these terms and any agreement, without regard to its conflict of law rules.

General Provisions

These terms, together with a signed project agreement, are the entire agreement between the parties for the subject they cover. If any provision is held invalid, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver of the right to enforce it later.

You may not assign an agreement without our written consent. We may assign an agreement to a successor business that continues the work, provided that the successor honors the existing scope and warranty. A notice under these terms must be sent in writing to the address at the end of this page or to the email address that the yard desk provides.

A heading in these terms is for convenience only and does not affect the meaning of a provision. The word including does not limit the items that follow it. These terms are written in English, and an English version controls if a translation is provided for convenience.

Contact Information

Questions about these terms, a request for a project agreement or a concern about an invoice can be sent to the yard desk. We are glad to explain a term in plain language before you accept it.

BLACK DESERT CONCRETE INC
1711 E 1150 N
St George - 84770-3176
United States (US)
Email: quotes@blackdesertconcrete.mom
Phone: +12793565292

Please also review our Privacy Policy to understand how we handle information. Both documents work together to describe the relationship between you and the company.