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Terms & Conditions



1. INTRODUCTION: These terms and conditions (the “Terms”) expressly and solely govern and control the purchase of any goods, materials, or services from WCP, Inc. or its subsidiaries (collectively hereinafter “WCP”), any goods, materials, or services provided by WCP, and/or any account you have or may obtain with WCP (“Account”). WCP rejects any other terms, including any subsequent terms, purporting to govern and/or control the Account and/or any goods, material or services WCP may or does provide to you. You agree that any such terms are null, void and of no effect. The Account will not take effect until it is approved by WCP.  As used herein, the words “you”, “your” and “yours” means any person, persons and entity who signed, or is bound by, WCP’s Application for Credit (“Credit Application”). The words “we”, “our”, “ours” and “us” means WCP. You represent and warrant that all orders, purchases and deliveries on your account are for commercial/business purposes and not primarily for personal, family, household, or agricultural purposes.

2. PROMISE TO PAY: You promise to pay us in United States dollars, by cash, check or money order as provided by the Terms, all such amounts, including any Finance Charges (as defined in § 4), which arise from use of the Account by you and /or any other person.  All persons named on the Credit Application are jointly and severally liable to us for amounts owed on the Account. Payments shall be made by the date set forth in your period statement (see § 3) and made to WCP, PO Box 37 , Wilsonville, OR 97070. 

3. PERIODIC STATEMENTS: Each month we will send you a statement showing any purchases, payments and credits made to your Account during the billing cycle as well as your “New Balance”. Your statement balance is due in full by the designated due date listed on the statement. 

4. WHEN & HOW FINANCE CHARGES WILL BE IMPOSED: You will be charged a finance charge on any amounts that are not paid when due and owing under the Terms. The finance charge on your Account is calculated by applying a monthly periodic rate to the past due balance on your Account (the “Finance Charge”). The annual percentage rate used to calculate the Finance Charge is 18% annually. The monthly periodic rate is calculated by taking the annual percentage rate and dividing that rate by 12 months. 

5. COLLECTION COSTS/ATTORNEY FEES/NSF FEE: (a) Attorney Fees and Collection Costs: you agree to pay all collection costs, collection agency fees, and reasonable attorneys' fees incurred or paid by us in collecting an amount owed on your Account or protecting or enforcing our rights under the Terms whether or not a lawsuit is commenced. This includes any costs and attorneys' fees incurred in any legal proceeding or suit, trial, arbitration, receivership proceeding, or under the federal bankruptcy laws, or which may be incurred in an appeal from any of the foregoing;  (b) Return Check Charge: you agree to pay a $35.00 charge, if the deposit account from which the check is drawn is in the State of Oregon, and a $40.00 charge, if the deposit account is in the State of Washington, if a check you submit for payment on your Account is returned to us, regardless of the reason. 

6. CREDIT LIMIT: This is the total outstanding balance you can incur on your Account at any one time, including unpaid Finance Charges, which shall be set by WCP at its sole discretion. You may not use or access your Account to charge purchases if the purchase will exceed your credit limit. 

7. UNAUTHORIZED ACCOUNT ACCESS/USE: You agree to notify us in writing within 24 hours of when you learn of possible or actual unauthorized access to or use of your Account. At WCP’s sole discretion, you may be held liable for the unauthorized use of your Account prior to WCP receiving the required notice. You will not be liable for any unauthorized use which occurs after WCP receives such written notification. 

8. TRANSACTION: You agree to retain, for statement/account verification, copies of the delivery tickets resulting from each purchase and any other transactions on your Account for the last 12 consecutive months. 

9. TERMINATION: We may terminate or suspend your Account and/or your credit privileges at any time, in our sole discretion, without demand or notice, except as otherwise required by federal or state law. You must notify us in writing if you decide to terminate your Account. If you terminate your Account, or if we terminate or suspend your credit privileges or your Account, the Terms and your liability to us hereunder shall otherwise remain in full force and effect until you have paid all sums due to us. 

10. TRANSFER OF THE ACCOUNT: You cannot transfer your Account to any other persons. 

11. REFUNDS: If WCP agrees to give you a refund or an adjustment on a purchase, you agree that WCP, in its sole discretion, may credit your Account in lieu of a cash refund. 

12. ADDRESS: You agree to advise us promptly in writing if you change your mailing address and provide us with the new address. We can accept address corrections received from the US Postal Service or from any authorized user of the Account. All written notices and statements from us to you will be sent to your address as it appears on our records. 

13. IRREGULAR PAYMENTS: We may, in our sole discretion, accept: (a) late or partial payments without waiving any right to full and timely payment of the amount due and owing and without prejudice to our rights under the Terms, which rights are hereby explicitly reserved; and/or (b) checks, money orders, or any other form of payment marked “payment in full”, without waiving any right to full and timely payment of the amount due and owing and without prejudice to our rights under the Terms, which rights are hereby explicitly reserved. 

14. DEFAULT: You will be in default if you fail to pay an amount owed to us when due, fail to comply with any of the Terms, provide us with false information or signature, or default on any other agreement or obligation that you have with, or owe to, us. 

15. ACCELERATION: If you are in default as provided in §14 above, or if we reasonably believe that the prospect of payment on your Account, or your ability to perform under the Terms is impaired, at our option and without notice to you, we may declare the current outstanding balance of your Account to immediately due and payable by you and you must immediately pay us the full amount owed on your Account. 

16. DELAY IN ENFORCEMENT: We can delay enforcing any right under the Terms without waiving or losing that right or any other rights against You. 

17. LIMITATION ON/WAIVER OF DAMAGES: In no event will WCP be liable or responsible to you for any consequential, incidental, or liquidated damages regardless of the cause or source of such damages. This includes, but is not limited to, any claim for lost profits, lost rents, loss of use, or loss of income.  In no event will WCP be responsible for damages to you (or any third party) in an amount greater than the amount actually paid by you to WCP for the services/materials/concrete, or the delivery thereof, that give rise to the claim(s). The provisions of this section will also apply to the termination of the Terms and your Account and will survive such termination. 


18. FORCE MAJEURE: We will make a good faith effort to deliver your products on the date indicated on your delivery ticket, but you agree that we are not responsible, nor liable, for any loss, damage, delay, or claim caused by, or arising from, our inability to deliver, or delayed delivery, due to events or circumstances that are beyond our reasonable control and/or not caused by our negligence.

19. ASSUMPTION/LIMITATION OF LIABILITY/INDEMNITY: WCP will add water to its concrete on-site only upon your express written request to do so to our driver. You expressly assume any and all liability arising from, or related to, the on-site addition of any water to our concrete.  You further agree to assume all risks of loss and damage (to any person, property, or otherwise) caused by or related to any WCP truck (or other equipment) leaving the curb and entering a jobsite. This includes, but is not limited to, any damage caused by the weight of our trucks/equipment (e.g. cracks to existing pavement or concrete) but excludes loss or damage caused by our gross negligence or intentional misconduct. You further agree that any technical assistance or advice offered by us to you is as a courtesy and for informational purposes only, and may not be relied on by you. You will rely solely and exclusively on your own knowledge or on the advice or assistant of your own experts regarding what concrete or concrete mixture to use for your project/job site.


20. INDEMNITY: You agree, to the fullest extent allow by law, to indemnify, defend and hold WCP and its shareholders, officers, employees, and agents, harmless for, from, and against any and all liability, penalties, fines, forfeitures, losses, damages, costs and expenses, claims for attorney’s fees, demands, causes of action, claims, judgments, or appeals arising from any bodily injury to or death of any person or persons or any damage to any property (collectively the “Claim”), to the extent the Claim arises from § 19 above or arises or results from your or your employees, agents, subcontractors, or consultants negligent act; failure to act; neglect; recklessness; fault; intentional or willful misconduct; omission; failure to comply with applicable laws, rules, or regulations; or breach of these Terms. The indemnification provided herein shall be and remain in effect whether or not any insurance coverage exists and shall survive the termination of your Account.

21. INSPECTION & ACCEPTANCE. Upon or at delivery, Customer shall inspect and, if necessary, test all concrete and/or materials that we provide to or for Customer. Any concrete or materials that Customer believes are defective, not what the Customer ordered, or that do not comply with any applicable specification, must be rejected by Customer prior to being tendered to Customer or, if delivered, prior to leaving WCP’s truck. Customer agrees the aforementioned right of inspection is reasonable and satisfies Customer’s right to inspect under ORS 72.5130. If WCP confirms Customer’s rejection is proper, WCP, in its sole discretion, with either: (a) replace the concrete or materials at its cost and expense; or (b) refund to you the purchase price of the materials/concrete. These are your only and exclusive remedies for defective, improper, and/or out of spec concrete/materials. ONCE THE CONCRETE/MATERIALS ARE TENDERED TO CUSTOMER, ARE BATCHED BY CUSTOMER, OR LEAVE WCP’S TRUCK, CUSTOMER ACCEPTS THE CONCRETE/MATERIALS “AS IS”, ASSUMES ALL LIABILITY RELATING TO THE USE/INSTALLATION OF THE CONCRETE/MATERIALS, & WAIVES AND RELEASES ANY & ALL CLAIMS AGAINST WCP BASED ON GROUNDS THE CONCRETE/MATERIALS ARE NONCONFORMING, OUT OF SPEC, OR IN ANY WAY DEFECTIVE. 


22. WAIVER OF WARRANTIES. Except as set forth in § 21 above, WCP makes no warranties, express or implied, regarding or relating to the concrete or materials it sells and/or delivers to you and/or under your Account or any services WCP provides to you. This includes, but is not limited to, no implied warranties of merchantability or fitness for a particular use or purpose.

23. SAFETY. We may refuse to enter a jobsite or otherwise deliver the products you ordered, if we (in our sole discretion) determine that your jobsite is unsafe/ WCP shall not be liable or responsible to you for any damage or loss as a result of this refusal. You have reviewed and agree to our safety protocols attached to the Terms.

24. QUALITY CONTROL:  You will include WCP on all communications, including any e-mail distribution list, for any cylinder tests collected from your jobsite. We need timely access to this data to be able to assist you with any concrete performance inquiries associated with your jobsite.  Failure to provide us with timely test results may result in jobsite delays.

25. AMENDMENT: We can change the Terms by mailing or delivering a written notice of any change(s) to your address at least 45 days before the effective date of the change. The proposed change(s) to the Terms will be available for review at www. TERMS. If you do not agree to the proposed changes to the Terms, you must contact WCP in writing and state that you do not agree to the proposed changes. We will then cancel your Account. Your existing Account balance at the time your Account is cancelled will be governed by the then existing terms. If you agree to the proposed changes, you need not do anything, and the changes will go into effect at least 45 days after you received notice of them. 

26. SEVERABILITY: If any of the Terms are determined to be illegal or unenforceable, the validity of the remaining Terms shall not be affected hereby, and such illegal or unenforceable provisions shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced. 

27. GOVERNING LAW: The laws of the state of Oregon shall govern the interpretation and enforcement of the Terms, without regard to conflict of law principles. 

28. EXCLUSIVE JURISDICTION AND VENUE: The venue for any action or proceeding based on or arising out of a transaction with us and/or seeking to enforce any provision(s) of, or based on any right(s) arising out of, or related to or concerning the Terms or your Account(s) is Multnomah County Circuit Court in Portland, Oregon, and YOU EXPRESSLY AGREE TO THE PERSONAL JURISDICTION OF SAID COURT AND WAIVE ANY OBJECTIONS THERETO.  


  1. 30. ERRORS OR QUESTIONS ON YOUR BILL: If you believe your bill is incorrect, or if you need more information about a transaction on your bill, you must notify us, in writing, within fifteen (15) days from the date on the statement on which the problem or error appeared. Any objection or dispute to the amount of your bill after the 15 days has passed is deemed waived and will be rejected.



RECEIVED, READ, UNDERSTOOD & AGREED TO:  ________________________________________________________


CUSTOMER NAME:___________________________________________________________ 





By working together, we can, to the greatest extent possible, minimize the safety risks relating to our work. Below are the highlights of our safety program.


On-Site Safety Practices


  • WCP Controls: WCP truck operators are the only individuals authorized to operate controls on WCP trucks.

  • Leaving the Curbside: We guarantee delivery to the curb on the jobsite. Once a WCP truck leaves the curb, the purchaser assumes responsibility of any damage that may occur due to weight or size of the WCP truck.

  • Power Lines: We will not back up a WCP mixer truck under any power lines that are within a two-foot distance from the mixer truck hopper.

  • Mixer Truck Height: Be advised that the height of a loaded mixer truck will be reduced up to 8 inches. If it will barely enter a building loaded, it may not be able to exit the building unloaded.

  • WCP Water Tanks: WCP brings water on-site for tempering the concrete. Our mixer operators are required to leave 50 gallons of water in the tank after unloading the mixer truck to properly wash down. Water discharged by request is the responsibility of the contractor’s on-site supervisor.


WCP Safety Principles


  • Right to Stop Work: Our truck operators are trained to decline to enter job sites that they deem unsafe. We are happy to send a QC rep to your site to evaluate the conditions before we send our trucks to prevent us declining to enter an unsafe site.

  • Safety Communication: We are responsive to your safety needs. Please let us know of any specific safety rules on your job sites. We also ask that you immediately contact our dispatch if our truck operators are observed acting in an unsafe fashion.

  • WCP Safety Plan: A copy of our company safety handbook is available to any customers that wish to review our standard practices.


On-Site Supervision


• On-Site Authority: Our mixer operators are required to secure a signature from an on-site supervisor on our delivery tickets. You agree to provide an on-site supervisor who is authorized and available to sign delivery tickets, approve the addition of water to the concrete, and approve WCP’s truck leaving the curb.


By signing below, I acknowledge receipt of this safety overview.






Printed Name:



In general, what should you cover in your Terms & Conditions?​

  1. Who can use your website; what are the requirements to create an account (if relevant)

  2. Key commercial Terms offered to customers

  3. Payment Methods (Credit / Debit Cards, PayPal, Offline Payments etc.)

  4. Retention of right to change offering

  5. Warranties & responsibility for services and products

  6. Ownership of intellectual property, copyrights and logos

  7. Right to suspend or cancel member account

  8. Indemnification

  9. Limitation of liability

  10. Right to change and modify Terms

  11. Preference of law and dispute resolution

  12. Contact info

You can check out this support article to receive more information about how to create a Terms and Conditions page.

The explanations and information provided herein are only general and high-level explanations, information and samples. You should not rely on this article as legal advice or as recommendations regarding what you should actually do. We recommend that you seek legal advice to help you understand and to assist you in the creation of your Terms.

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