Terms of Service | Instant Aggregates

Please read carefully. These Terms of Service ("Terms") form a legally binding agreement between you and Instant Aggregates. By visiting our website, requesting a quote, placing an order, or receiving a delivery arranged by us, you agree to these Terms. These Terms include an arbitration clause, a class action waiver, and limits on our liability. If you do not agree, do not use our services.

1. Who We Are

"Instant Aggregates," "we," "us," and "our" refer to the business operating instantaggregates.com and providing aggregate sourcing and delivery coordination services in British Columbia and, from time to time, other regions of Canada and the United States (the "Services"). "You," "your," and "Customer" means the person or entity using our website or ordering Services.

Instant Aggregates is primarily a broker and coordinator. We source aggregate materials (gravel, sand, crushed rock, topsoil, fill, and similar products) from a network of independent third-party suppliers, pits, quarries, and yards, and we arrange delivery using independent third-party haulers and carriers. Unless we expressly confirm in writing that we are acting as principal seller, supplier, or carrier for a particular order, we act as your agent and broker to locate material and arrange transportation on your behalf. We do not own, operate, or control the pits, quarries, trucks, or crews used to fulfill orders.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract in your jurisdiction. If you are using the Services on behalf of a company, partnership, sole proprietorship, government body, or other entity, you represent that you have authority to bind that entity to these Terms, and "you" includes that entity.

3. Quotes and Pricing

Any quote we provide — by phone, email, text, website, or otherwise — is an estimate based on the information you give us (material, quantity, delivery location, site conditions, timing, and similar factors) and on supplier and carrier availability at the time of quoting. Quotes are not binding offers and may be revised, withdrawn, or re-priced at any time before you confirm an order and we confirm acceptance in writing or by commencing performance. Quotes are typically valid for up to 48 hours unless we state otherwise.

Actual invoiced amounts may differ from a quote because of, among other things: actual tonnage or volume delivered (scale tickets and load slips govern), supplier price changes, fuel surcharges, wait time at the delivery site, multiple-trip adjustments, restocking or disposal fees, over-limit or over-weight charges, permit or escort fees, additional equipment, and applicable taxes (including GST, PST, HST, state sales tax, and similar). Unless we clearly state a quote is "all-in" and fixed, assume a quote is an estimate.

All amounts are in Canadian dollars unless expressly stated in another currency. Prices do not include taxes unless stated.

4. Orders, Payment, and Credit

An order is formed only when we confirm acceptance in writing (including by email or text) or begin sourcing, scheduling, or delivering material for you. Payment terms are stated on your invoice or order confirmation. Unless we grant you written credit, payment is due before or on delivery. We may require a deposit, prepayment, or credit card authorization at our discretion.

Late payments accrue interest at the lesser of 1.5% per month (19.56% per annum) or the maximum rate allowed by applicable law, from the invoice due date until paid in full. You agree to pay reasonable costs of collection, including legal fees on a solicitor-and-own-client basis. We may suspend or cancel future Services, cancel in-progress orders, or hold or re-route deliveries if your account is past due.

You authorize us to charge any payment method you provide for the amounts due under your order, including adjustments for actual tonnage, fees, wait time, and taxes. Chargebacks or disputes initiated without first giving us a reasonable opportunity to resolve the issue are a material breach of these Terms.

5. Delivery Windows and the Delivery Guarantee

Where we commit in writing to a specific delivery window for an order, and the delivery does not arrive within that confirmed window for reasons within our reasonable control, we will waive the delivery fee for that load (the "Delivery Guarantee"). The Delivery Guarantee is our sole and exclusive remedy for a missed delivery window and is limited to the delivery portion of the charge actually paid for that specific load.

The Delivery Guarantee does not apply to, and we are not liable for, delays or failures caused by: (a) force majeure or events described in Section 17; (b) traffic, road closures, bridge lifts, weather, or wildfires; (c) supplier or carrier equipment breakdowns, strikes, or slowdowns beyond what commercially reasonable diligence would prevent; (d) inaccurate or incomplete information provided by you (including address, access instructions, or site readiness); (e) inability to access the site because of site conditions, permit issues, locked gates, unauthorized persons, or occupants; (f) changes in your order after it is confirmed; or (g) any loss, cost, or damage beyond the delivery fee itself.

Delivery windows that are stated as "estimated," "target," "approximate," or similar are informational only and are not covered by the Delivery Guarantee.

6. Site Access, Site Conditions, and Damage

You are solely responsible for the delivery site and all conditions at or near it. Before any delivery you must: ensure there is safe, legal, and adequate access for loaded aggregate trucks (typically tri-axle or larger); identify the exact dump or placement spot; confirm that overhead wires, trees, eaves, and underground utilities, septic fields, tanks, cisterns, irrigation lines, and similar hazards will not be damaged; and mark any areas we should avoid. If the site is soft, wet, sloped, private, or otherwise unusual, you must tell us before we dispatch.

You assume all risk for damage to your property (including driveways, curbs, walkways, lawns, landscaping, fences, sprinkler systems, septic and utility infrastructure, and structures) caused by truck access, turning, dumping, or placement at your direction. You waive any claim against Instant Aggregates, suppliers, and carriers for such damage unless it is caused by the gross negligence or wilful misconduct of a carrier while operating on a hard-surfaced public road. You are responsible for any ticket, fine, cleanup, or third-party claim arising from delivery to the site you selected.

If our driver or carrier determines in their sole discretion that the site is unsafe, inaccessible, or poses a risk of property damage, they may refuse to deliver or may deliver to the nearest safe location. You remain responsible for the full load and any return or relocation charges.

7. Product, Specifications, and Inspection

Aggregate products are natural materials produced by third-party suppliers. Descriptions, gradations, particle sizes, colours, moisture content, and similar specifications are approximations based on information supplied by the producer. Natural variation within and between loads is normal and expected. We do not test, grade, or certify aggregates unless we expressly agree in writing to do so.

You are responsible for selecting the correct product for your application and for any applicable engineering, building code, environmental, or regulatory requirement. Our staff may offer general guidance, but any recommendation is informational only and not a warranty, engineering opinion, or professional advice.

You must inspect each load at the time of delivery. Claims for shortages, wrong material, or obvious quality issues must be made to us in writing within 48 hours of delivery or they are waived. Claims for latent defects must be made within 30 days of delivery. You must preserve the material in place and give us a reasonable opportunity to inspect it before removing, placing, compacting, burying, or otherwise using or disposing of it. Once material has been used, placed, compacted, or mixed, all acceptance-related claims are deemed waived.

8. Cancellation, Changes, and Returns

You may cancel or change an order at no charge before dispatch if we have not yet committed supplier or carrier resources. After dispatch or supplier load-out, cancellations and changes may result in full charges, restocking fees, re-handling fees, disposal fees, and cancellation fees. Aggregate material, once loaded or delivered, is generally not returnable. We will tell you the applicable charges before proceeding when reasonably possible.

9. Disposal and Haul-Away Services

If we arrange clean fill, soil, or aggregate disposal or haul-away on your behalf, you represent and warrant that the material is clean, uncontaminated, and non-hazardous, contains no asbestos, hydrocarbons, petroleum products, lead, solvents, pesticides, chemical waste, or other regulated substance, and meets the acceptance criteria of the receiving site. You must disclose any known or suspected contamination before dispatch. If material is rejected by the receiving site or later found to be contaminated, you are responsible for all additional transportation, testing, remediation, tipping, legal, and regulatory costs, and you agree to indemnify us and our carriers from any related claim.

10. Haulers, Suppliers, and Third-Party Relationships

Haulers, trucking companies, drivers, owner-operators, pits, quarries, and yards engaged to fulfill your order are independent third parties, not employees or agents of Instant Aggregates. Those third parties have their own terms, policies, insurance, and safety programs. We may share your contact details and delivery information with them as needed to fulfill your order.

11. Communications — Calls, Texts, and Email

By providing us with your phone number or email, you expressly consent to receive communications from us (and from our staff, suppliers, and carriers acting on our behalf) about your quote, order, delivery, and account, including by telephone call, SMS text message (including autodialed or pre-recorded messages where permitted), and email. Standard message and data rates may apply.

If you also consent to receive marketing or promotional messages, you may withdraw that consent at any time by replying STOP to a text, using the unsubscribe link in an email, or contacting us as described in Section 22. Consent to marketing messages is not a condition of purchase. We comply with Canada's Anti-Spam Legislation (CASL) and with the US Telephone Consumer Protection Act (TCPA), the US CAN-SPAM Act, and applicable state telemarketing laws.

12. Acceptable Use of the Website

You agree not to: (a) submit false, misleading, or fraudulent information; (b) attempt to access non-public areas of the website or our systems; (c) interfere with or disrupt the website, its security, or its anti-spam measures (including Cloudflare Turnstile); (d) scrape, crawl, or harvest content or contact information except as permitted by our robots.txt; (e) use the website to send spam, harass others, or violate any law; or (f) reverse engineer or attempt to derive source code from the website.

13. Intellectual Property

The website, including all text, graphics, logos, photographs, tools (such as the aggregate calculator and unit converter), guides, product data, and code, is owned by Instant Aggregates or its licensors and is protected by Canadian, US, and international copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the website for your own non-commercial or internal business use. You may not copy, republish, resell, or distribute our content without our prior written consent. "Instant Aggregates" and our logos are our trademarks.

14. Disclaimers

To the maximum extent permitted by law, the website, content, tools, quotes, recommendations, Services, and all aggregate materials are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment, and all warranties arising from course of dealing, course of performance, or usage of trade.

We do not warrant that the website will be uninterrupted or error-free, that any calculator, estimator, or guide is accurate or suitable for your project, that any quoted price will be the lowest available, or that any delivery time will be met other than as set out in Section 5. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions only, the exclusions above apply to the greatest extent permitted.

15. Limitation of Liability

To the maximum extent permitted by law, in no event will Instant Aggregates or its owners, directors, officers, employees, agents, suppliers, or carriers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business, lost opportunity, loss of data, crew or equipment idle time, project delay, business interruption, cost of cover or substitute materials, or damage to goodwill, arising out of or related to the website, the Services, a quote, an order, a delivery, or these Terms, even if we have been advised of the possibility of such damages, and regardless of the theory of liability (contract, tort, negligence, strict liability, statute, or otherwise).

Our total aggregate liability arising out of or related to the website, the Services, any quote, any order, any delivery, and these Terms will not exceed the lesser of (a) the amount you actually paid to Instant Aggregates for the specific order giving rise to the claim in the 60 days before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100). Multiple claims do not enlarge this limit.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions the limits above apply to the greatest extent permitted. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law (for example, liability for fraud, death, or personal injury caused by negligence where non-excludable).

16. Indemnification

You agree to defend, indemnify, and hold harmless Instant Aggregates, its owners, directors, officers, employees, agents, suppliers, and carriers from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, and costs (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or related to: (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) information you provided that was inaccurate, incomplete, or misleading; (d) the condition of, access to, or your selection of the delivery or disposal site; (e) contamination of material you tendered for disposal; (f) use, application, compaction, or placement of aggregate after delivery; (g) your interaction with third-party suppliers or carriers; or (h) claims by your employees, contractors, or customers.

17. Force Majeure

We are not liable for any delay, failure, or interruption of the Services caused by events beyond our reasonable control, including acts of God, severe weather, floods, wildfire, smoke, earthquake, pandemic or epidemic, public health orders, war, terrorism, civil disturbance, strike or labour dispute, fuel shortage, supplier or carrier failure, equipment breakdown, road or bridge closure, failure of utilities, internet, or telecommunications, cyber-attack, or government action. Affected obligations are suspended for the duration of the event.

18. Governing Law

These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You agree that the Services are deemed performed in British Columbia, regardless of your location.

19. Dispute Resolution — Arbitration and Class Waiver

Please read this Section carefully. It affects how disputes between you and Instant Aggregates are resolved and limits your ability to bring a court action or participate in a class action.

19.1 Informal Resolution. Before starting a formal proceeding, you agree to try to resolve the dispute informally by contacting us as described in Section 22 with a written description of the dispute and the remedy you seek. We will try to resolve the dispute within 30 days.

19.2 Binding Arbitration. If a dispute is not resolved informally, the dispute will be finally resolved by binding arbitration administered in Vancouver, British Columbia under the Arbitration Act (British Columbia) and, where applicable, the rules of the Vancouver International Arbitration Centre (VanIAC) then in effect, before a single arbitrator. The arbitrator's award is final and binding, and judgment may be entered on it in any court of competent jurisdiction. For residents of the United States, the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

19.3 Class Action Waiver. You and Instant Aggregates agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate or join more than one person's claims and may not preside over any form of consolidated, representative, or class proceeding. If this class action waiver is found unenforceable in any respect, then the entirety of Section 19 is null and void for that claim and the parties agree exclusively to the jurisdiction described in Section 19.5; the rest of these Terms remain in effect.

19.4 Carve-Outs. Either party may (a) bring an individual action in small claims court (or its equivalent) for claims within that court's jurisdiction, and (b) seek urgent injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

19.5 Exclusive Jurisdiction (If Arbitration Does Not Apply). If any claim proceeds in court, you and Instant Aggregates submit to the exclusive jurisdiction of the courts sitting in Vancouver, British Columbia, and you waive any objection to venue or inconvenient forum.

19.6 Time Limit. Any claim arising out of or related to the Services or these Terms must be commenced within one (1) year after the cause of action arises, except where a longer period is required by non-waivable law.

20. Changes to the Services and to These Terms

We may change, add, suspend, or discontinue any part of the Services, the website, or these Terms at any time at our sole discretion. If we make a material change to these Terms, we will post the updated Terms here with a new "Last updated" date and, where appropriate, provide additional notice. Your continued use of the website or the Services after the change takes effect constitutes acceptance. If you do not agree, stop using the Services.

21. Miscellaneous

Entire Agreement. These Terms, together with any order confirmation, written quote we expressly accept, and our Privacy Policy, are the entire agreement between you and us and supersede all prior or contemporaneous agreements or understandings regarding the subject matter. Any conflicting terms on your purchase order or form are rejected unless we expressly accept them in writing.

Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable (or severed if modification is not possible), and the remaining provisions will continue in full force and effect.

No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms to any successor, affiliate, or purchaser of our business or assets.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency (except as expressly stated in Section 1), franchise, or employment relationship between you and us.

No Third-Party Beneficiaries. These Terms are for the benefit of you and Instant Aggregates only, except that our suppliers, carriers, and affiliates are third-party beneficiaries of Sections 14, 15, 16, and 19.

Electronic Communications. You consent to receive notices and other communications from us electronically, and you agree that electronic communications satisfy any legal requirement that such communications be in writing.

Language. The parties have requested that these Terms and all related documents be drawn up in the English language. Les parties ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais.

22. Contact

Questions about these Terms, or any notice or request under them, should be directed to us at:

Instant Aggregates
Phone: 250-893-1020
Website: instantaggregates.com/contact