Terms of Service

By accessing or using the website located at constructionmaterialtesting.com (the “Website”), requesting a proposal, or engaging Construction Materials Testing (“CMT,” “we,” “us,” or “our”) for professional services, you (“you,” “Client,” or “User”) agree to be bound by these Terms of Service (the “Terms”).

If you do not agree to these Terms, you may not use the Website or engage our services. These Terms constitute a binding legal agreement between you and CMT.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

§ 02

Definitions

  • Services — Construction materials testing, geotechnical engineering, environmental engineering, forensic engineering, survey, laboratory testing, field inspection, and related professional services provided by CMT.
  • Deliverables — Written reports, test results, certifications, drawings, data, and other work product prepared by CMT for Client.
  • Project — The construction, engineering, or development activity for which Services are engaged, as described in a Proposal or Work Order.
  • Site — The physical location at which field Services are performed.
  • Proposal — A written scope, fee, and schedule document issued by CMT for proposed Services.

§ 03

Scope of Services

CMT provides professional engineering and materials testing services including, but not limited to:

  • Construction materials testing (concrete, soil, asphalt, aggregate, masonry, steel)
  • Geotechnical investigation and engineering
  • Environmental site assessment and consulting
  • Forensic engineering and failure analysis
  • Boundary, topographic, and construction survey
  • Special inspection and construction observation

The specific scope of Services for any engagement is limited to what is expressly described in the applicable Proposal, Work Order, or signed agreement. Services outside that scope require a written amendment.

§ 04

Use of the Website

The Website is provided for informational purposes and to facilitate communication with prospective and existing clients. By using the Website, you agree that you will not:

  • Use the Website in any manner that violates applicable law or regulation;
  • Attempt to gain unauthorized access to any portion of the Website, its servers, or related systems;
  • Interfere with or disrupt the integrity or performance of the Website;
  • Reproduce, duplicate, copy, sell, or exploit any portion of the Website without our express written permission;
  • Use automated systems (bots, scrapers, spiders) to access the Website without our prior written consent;
  • Submit false, misleading, or fraudulent information through contact or proposal-request forms.

The information on the Website is provided “as is” and does not constitute engineering advice, a professional opinion, or a binding offer of services. A professional relationship with CMT is formed only upon execution of a written proposal or services agreement.

§ 05

Proposals & Engagement

Written Proposals issued by CMT are valid for thirty (30) days from their date of issuance unless otherwise stated. A Proposal becomes a binding agreement when (i) signed by Client and returned to CMT, (ii) Client issues a purchase order referencing the Proposal, or (iii) CMT begins work at Client’s written direction.

If Services are requested on an emergency, short-notice, or verbal basis, Client agrees that these Terms and CMT’s then-current standard rates will apply until a written Proposal is executed.

Any pre-printed terms on Client purchase orders, forms, or acknowledgments that conflict with a Proposal or these Terms are expressly rejected. The signed Proposal and these Terms together constitute the entire agreement for the engagement.

§ 06

Client Obligations

Client agrees to:

  • Provide site access safe and adequate to permit performance of the Services, including legal authority to enter the Site;
  • Identify subsurface conditions known or reasonably knowable, including buried utilities, structures, and hazardous materials, prior to CMT’s mobilization;
  • Designate a representative authorized to make decisions, approve changes, and receive notices on Client’s behalf;
  • Furnish information reasonably required, including plans, specifications, prior reports, and project requirements;
  • Pay invoices timely in accordance with these Terms;
  • Not rely on preliminary verbal or draft findings — final written reports govern.

Client Responsibility

Client is responsible for locating and marking all underground utilities, tanks, and structures prior to any drilling, excavation, or subsurface investigation. CMT will rely on Client-furnished information in good faith and is not responsible for damage to unmarked or mismarked subsurface features.

§ 07

Fees & Payment

Fees are billed in accordance with the Proposal, typically on a unit-price, time-and-materials, or lump-sum basis. Invoices are issued monthly unless otherwise specified.

Payment Terms

  • Invoices are due net thirty (30) days from the invoice date.
  • Past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Texas law.
  • Client is responsible for all costs of collection, including reasonable attorneys’ fees and court costs, on amounts not paid when due.
  • CMT reserves the right to suspend Services, withhold deliverables, or terminate the engagement for invoices unpaid beyond sixty (60) days.

Disputed Charges

Client must notify CMT in writing of any disputed invoice amount within fifteen (15) days of receipt. Undisputed portions must be paid by the due date. Failure to provide written notice within this period constitutes acceptance of the invoice.

§ 08

Reports & Deliverables

All reports, test results, and other Deliverables are prepared for the exclusive use of the named Client and only for the specific Project and purpose described in the Proposal. Third-party reliance is not authorized without CMT’s prior written consent.

Findings, conclusions, and recommendations are based on information available to CMT at the time of the work and on the specific conditions observed. Site conditions may change over time, and interpretations may differ between qualified professionals.

Preliminary Results

Any verbal communications, draft reports, or preliminary results are for Client’s convenience only and are not final. The final written, signed, and sealed (where applicable) report is the only authoritative Deliverable.

Record Retention

CMT will retain project records for a period consistent with applicable law and accreditation requirements, typically a minimum of five (5) years from the date of the final report, after which records may be destroyed without further notice.

§ 09

Samples & Testing

Client authorizes CMT to perform all tests reasonably required to complete the scope of work, including destructive testing of samples where applicable. Unless Client requests return of samples in writing at the time of engagement:

  • Non-hazardous samples will be retained for sixty (60) days following the final report, then discarded.
  • Hazardous samples will be returned to Client or disposed of at Client’s expense in accordance with applicable law.
  • Sample storage beyond the standard retention period may be arranged for an additional fee.

Testing is performed in accordance with applicable ASTM, AASHTO, or other industry standards specified in the Proposal. CMT’s laboratory operates under quality management procedures consistent with AASHTO R18 and applicable accreditations.

§ 10

Standard of Care

CMT’s Services will be performed with the degree of skill and care ordinarily exercised by qualified members of the same profession practicing under similar circumstances at the same time and in the same geographic area. No other representation, warranty, or guarantee, express or implied, is made or intended.

CMT does not guarantee the performance of any contractor, subcontractor, supplier, or other party on the Project, nor does CMT’s performance of testing or observation relieve such parties of their own responsibilities.

§ 11

Limitation of Liability

To the maximum extent permitted by law, the total aggregate liability of CMT, its officers, directors, employees, and agents for any and all claims arising out of or related to the Services or these Terms — whether in contract, tort (including negligence), strict liability, or otherwise — shall not exceed the greater of (a) the total fees paid by Client to CMT for the specific Services giving rise to the claim, or (b) fifty thousand U.S. dollars (US $50,000).

In no event shall CMT be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of use, delay damages, or business interruption, even if CMT has been advised of the possibility of such damages.

Client acknowledges that the fees paid to CMT are not sufficient to assume the risk of unlimited liability and that these limitations reflect a reasonable allocation of risk between the parties.

§ 12

Indemnification

Each party shall indemnify, defend, and hold harmless the other from and against claims, damages, and expenses (including reasonable attorneys’ fees) arising out of the indemnifying party’s negligent acts, errors, or omissions, to the extent of its proportionate fault.

Client specifically agrees to indemnify CMT against claims arising from:

  • Client-furnished information later determined to be inaccurate or incomplete;
  • Unmarked or mismarked subsurface conditions at the Site;
  • Pre-existing environmental contamination at the Site not caused by CMT;
  • Third-party reliance on CMT’s reports without CMT’s written consent;
  • Client’s failure to follow CMT’s written recommendations.

§ 13

Insurance

CMT maintains commercial general liability, automobile liability, workers’ compensation, and professional liability insurance in amounts consistent with industry standards. Certificates of insurance are available upon written request.

Additional insured status, waivers of subrogation, primary/non-contributory endorsements, or policy limits beyond those carried by CMT in the ordinary course may be provided where required by contract, subject to availability and additional cost to be borne by Client.

§ 14

Intellectual Property

Website Content

All content on the Website — including text, graphics, logos, images, software, and the overall design — is the property of CMT or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to view and use the Website for lawful personal or business purposes.

Work Product

Upon Client’s full payment, Client receives a limited, non-exclusive license to use the Deliverables for the specific Project and purpose described in the Proposal. CMT retains ownership of all underlying methodologies, software, templates, and pre-existing intellectual property. Deliverables may not be modified, reused on other projects, or transferred to third parties without CMT’s written consent.

§ 15

Confidentiality

Each party will treat as confidential any non-public information marked or reasonably understood to be confidential that is exchanged in connection with the Services. Confidential information will be used only for purposes of the engagement and will not be disclosed to third parties without the disclosing party’s consent, except as required by law or court order.

CMT may reference the Project and Client’s name in general marketing materials and qualifications statements unless Client objects in writing.

§ 16

Termination

Either party may terminate an engagement upon seven (7) days’ written notice for convenience, or immediately for material breach not cured within ten (10) days of written notice of the breach.

Upon termination:

  • Client will pay CMT for all Services performed and expenses incurred through the date of termination, including reasonable demobilization costs;
  • CMT will deliver work-in-progress materials for Services that have been paid for;
  • Provisions that by their nature should survive termination — including payment obligations, limitations of liability, indemnification, confidentiality, and dispute resolution — will survive.

§ 17

Force Majeure

Neither party shall be liable for failure or delay in performing its obligations (other than payment) due to causes beyond its reasonable control, including acts of God, severe weather, flooding, hurricane, fire, epidemic or pandemic, acts of war or terrorism, civil unrest, labor disputes, governmental action, or failure of utilities or transportation. The affected party will provide prompt notice and resume performance as soon as reasonably practicable.

§ 18

Governing Law

These Terms and any engagement hereunder are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

§ 19

Dispute Resolution

Negotiation

In the event of a dispute, the parties will first attempt to resolve the matter through good-faith negotiation between senior representatives for a period of at least thirty (30) days.

Mediation

If negotiation fails, the parties will submit the dispute to non-binding mediation in Harris County, Texas, before a mutually agreed mediator, with costs shared equally.

Venue

Any claim not resolved through mediation shall be brought exclusively in the state or federal courts located in Harris County, Texas, and each party consents to personal jurisdiction in those courts.

Limitations Period

Any claim arising out of or related to the Services must be commenced within two (2) years of the date the Services giving rise to the claim were substantially completed, or such claim is permanently barred.

§ 20

Miscellaneous

Entire Agreement

These Terms, together with any executed Proposal or services agreement, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications on the subject matter.

Amendments

CMT may update these Terms from time to time by posting a revised version on the Website. The revised Terms apply to new engagements from the posted effective date. Material changes will be noted in the revision history.

Severability

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be modified to the minimum extent necessary to render it enforceable.

No Waiver

A party’s failure to enforce any provision does not constitute a waiver of its right to do so later.

Assignment

Client may not assign these Terms or any engagement without CMT’s prior written consent. CMT may assign its rights and obligations to a successor in connection with a merger, acquisition, or sale of assets.

Notices

Notices must be sent in writing to the addresses listed in the Proposal or, if none, to the address below. Notices are deemed received upon personal delivery, three business days after mailing by certified mail, or upon confirmed email delivery.

§ 21

Contact

Questions regarding these Terms may be directed to:

Construction Materials Testing
10665 Richmond Ave, Suite 190
Houston, Texas 77042
Telephone: (832) 464-8334
Website: constructionmaterialtesting.com