Operated Equipment & Service Agreement

Terms of Service

These Terms of Service govern all operated machinery dispatch, yardage cost estimations, job site placement operations, and direct communications provided by A&B Concrete Pumping Inc.

๐Ÿ“… Last Updated: April 20, 2026 โ€ข ๐Ÿ›๏ธ Governing Jurisdiction: Santa Clara County, CA โ€ข ๐Ÿšœ Scope: Operated Line Pump Placement
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Operated Equipment

High-pressure Putzmeister & Olin line pump equipment provided strictly with an experienced operator for placement.

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Site Readiness

Customer guarantees adequate setup parking, clear hose pathways, and compliant environmental washout containment.

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Scheduling & Weather

24-hour advance notice for pour cancellations, transparent standby rates, and penalty-free rain reschedules.

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Clear Scope Limits

Line pumping placement only. No structural engineering, general contracting, or concrete finishing services provided.

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Section 01

1. Acceptance of Terms

Welcome to A&B Concrete Pumping Inc. ("A&B", "we", "us", or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between A&B Concrete Pumping Inc. and the customer, builder, property owner, contractor, or entity booking machinery or requesting services ("Customer", "Client", or "You").

By accessing our website (abconcretepumping.com), utilizing our online Yardage Estimator, requesting dispatch via phone or text message, or receiving operated line pumping equipment on site, you agree to comply with and be legally bound by these Terms.

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Section 02

2. Scope of Services & Contractor Status Clarification

A&B Concrete Pumping Inc. operates as a specialized equipment service provider delivering operated hydraulic trailer-mounted line pumping services for concrete placement across custom residential and commercial projects.

Explicit Scope & Licensing Boundaries:

Operated Placement Assistance Only: A&B Concrete Pumping Inc. provides heavy line pumping equipment along with an experienced equipment operator strictly to facilitate the physical conveyance and placement of concrete from delivery trucks to the specified pour area.

Independent Concrete Batch Supply: A&B does not batch, mix, manufacture, supply, or sell ready-mix concrete material. All concrete batch supply must be contracted independently by the Customer with a certified ready-mix concrete plant.

No General Contracting or Engineering Services: A&B is not acting as a licensed California general building contractor, general engineering contractor, or Class C-8 concrete contractor, nor do we provide structural engineering, architectural plans, soil analysis, formwork framing, rebar tying, or concrete finishing and curing services. Overall job site supervision, structural design, formwork integrity, municipal permits, and concrete finishing remain the exclusive responsibility of the Customer or their designated licensed general contractor.

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Section 03

3. Customer Site Obligations & Access Readiness

To ensure safe, efficient pumping operations, the Customer agrees to ensure the following site conditions prior to operator arrival:

Staging & Parking

Customer must provide adequate, stable, hard-surface parking adjacent to where ready-mix transit mixers can discharge directly into our pump hopper.

Hose Pathway Clearances

Customer must clear pathways for delivery hoses across side yards, slopes, scaffolding, or stairs to the designated pour area.

Local Street Permits

Customer is responsible for securing any municipal street encroachment permits or parking authorizations required by local Bay Area jurisdictions.

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Section 04

4. Environmental Washout Area & Slurry Containment

In accordance with California stormwater and environmental protection guidelines:

Mandatory Washout Requirement: The Customer must provide a designated on-site washout container or lined containment pit where our operator can clean out the pump hopper and delivery system following the pour. Washing concrete slurry into municipal storm drains, gutters, or public waterways is strictly illegal and prohibited.

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Section 05

5. Estimating Utility, Rates Matrix & Surcharges

Calculations produced by our online Yardage Estimator are estimates intended for planning purposes. Final job charges reflect verified field parameters:

Base Setup & Operator Fee

Covers equipment transport, initial rig setup, operator labor, and up to 150 feet of standard delivery hose.

Volumetric Yardage Rate

Calculated per cubic yard pumped as verified by ready-mix delivery batch tickets upon job completion.

Extended Hose Run Surcharge

Hose setups exceeding 150 feet are billed at standard incremental rates per additional 50-foot section.

Standby Time

Standby rates apply if ready-mix concrete batch delivery trucks are delayed beyond agreed staging windows.

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Section 06

6. Dispatch Scheduling, Standby & Cancellation Policy

Due to intensive operational routing across the Bay Area:

  • Booking Confirmation: Bookings are finalized once job location, estimated volume, and pour times are confirmed with our dispatch desk.
  • 24-Hour Notice: Schedule changes or cancellations must be communicated at least 24 hours prior to the scheduled pour.
  • Late Cancellation / Dry Run Fee: If a pour is cancelled while equipment is en route or after our operator arrives on site, a minimum dispatch show-up fee will be charged.
  • Weather Rescheduling: In the event of heavy rain or hazardous weather, cancellations made before our equipment departs our facility incur zero penalty and will be rescheduled promptly.
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Section 07

7. Direct Mobile Text Communications (SMS / iMessage)

By submitting a dispatch request or contacting our business phone at (408) 623-2735, you agree to communicate with our team via direct text message (SMS / iMessage) and telephone regarding your project estimates, schedule confirmations, operator arrival times, and billing details.

Direct Communications: Text exchanges with A&B Concrete Pumping are direct, peer-to-peer mobile communications with our dispatch coordinators. Standard messaging and data rates may apply through your cellular provider. You may update your communication preferences or opt out of text messaging at any time by notifying our office.

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Section 08

8. Mix Quality, Batch Plant Delays & Blockages Disclaimer

Smooth pumping requires proper concrete mix formulation and timely batch delivery:

  • Pumpable Mix Design: Concrete supplied by ready-mix plants must be specified as a pumpable mix with appropriate aggregate sizing and slump. A&B is not responsible for line blockages caused by unpumpable mixes, hot loads, or excessive aggregate sizes.
  • Third-Party Batch Delays: A&B is not liable for curing delays, cold joints, or schedule interruptions resulting from ready-mix batch plant delays, transit traffic, or mix supply shortages.
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Section 09

9. Limitation of Liability & Site Conditions

To the maximum extent permitted by California law:

Subterranean & Surface Structures: The Customer is responsible for identifying and marking all underground pipes, septic tanks, utilities, and driveway weight limits. A&B is not liable for surface damage to unreinforced driveways or underground structures resulting from equipment staging directed by the Customer.

Consequential Damages: Under no circumstances shall A&B Concrete Pumping Inc. be liable for indirect, incidental, special, or consequential damages, including loss of profits or project delay liquidated damages.

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Section 10

10. Indemnification

The Customer agrees to defend, indemnify, and hold harmless A&B Concrete Pumping Inc. and its operators against any claims, losses, damages, and expenses (including reasonable legal fees) resulting from: (a) Customer's breach of these Terms; (b) unsafe or unpermitted job site conditions; (c) failure to provide an environmental washout area; or (d) property damage resulting from Customer-directed setup on unverified underground structures or fragile pavements.

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Section 11

11. Governing Law & Jurisdiction

These Terms are governed by and construed under the laws of the State of California. Any legal dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. If any provision is deemed unenforceable, remaining provisions shall remain in full force.

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Section 12

12. Corporate Office & Dispatch Contact

For formal correspondence, scheduling inquiries, or questions regarding these Terms:

A&B Concrete Pumping Inc.

P.O. Box 981, San Jose, CA 95108

Dispatch Phone: (408) 623-2735

Website: abconcretepumping.com