Terms and Conditions

Effective Date: ____________________

 

These Terms & Conditions apply to all estimates, proposals, work orders, contracts, invoices, and services performed by Tapley Land & Site Services (“TLSS,” “Contractor,” “we,” “us,” or “our”) for the customer identified on the applicable estimate, proposal, invoice, or agreement (“Customer”).

By approving an estimate, signing a proposal, authorizing work verbally or electronically, paying a deposit, or allowing work to begin, the Customer agrees to these Terms & Conditions.

 

1. SCOPE OF WORK

TLSS will perform only the work specifically described in the written estimate, proposal, work order, or contract.

 

Services may include, but are not limited to:

• Land clearing

• Forestry mulching

• Brush and vegetation removal

• Grading

• Rough grading

• Finish grading

• Excavation

• Site preparation

• Debris removal

• Property cleanup

• Driveway or access preparation

• Tree, stump, and root removal where specifically included

• Material hauling

• Other heavy-equipment and site services specifically listed in the proposal

Any work not specifically included in the approved scope is considered additional work and may result in additional charges.

 

2. ESTIMATES

 

Unless otherwise stated in writing, estimates are based on conditions visible or reasonably known at the time of inspection.

An estimate may change if TLSS encounters conditions that could not reasonably have been identified before work began, including:

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• Underground rock

• Buried concrete

• Large root systems

• Hidden debris

• Trash or buried materials

• Excessive mud or unstable soils

• Underground structures

• Unmarked utilities

• Septic systems

• Drainage systems

• Wells

• Underground tanks

• Hazardous materials

• Significant differences in acreage, vegetation density, terrain, or site conditions

 

TLSS will make reasonable efforts to notify the Customer before performing significant additional work.

 

3. CUSTOMER RESPONSIBILITY FOR PROPERTY LINES

 

The Customer is solely responsible for accurately identifying all:

• Property boundaries

• Easements

• Rights-of-way

• Setbacks

• Restricted areas

• Wetlands

• Protected areas

• Neighboring property

• Areas where work may or may not be performed

 

TLSS is entitled to rely upon property boundaries and work areas identified by the Customer.

If property lines are uncertain, the Customer should obtain a professional survey before work begins.

TLSS is not responsible for claims, damages, restoration costs, trespass allegations, or disputes caused by incorrect property boundaries supplied or approved by the Customer.

 

4. UNDERGROUND UTILITIES

 

The Customer must disclose all known private underground utilities and structures before work begins.

These may include:

• Private electrical lines

• Water lines

• Irrigation systems

• Septic tanks

• Septic drain fields

• Well lines

• Propane lines

• Gas lines

• Invisible pet fencing

• Drainage pipes

• Culverts

• Communication lines

• Customer-installed utilities

 

Public utility locating services may not identify privately installed utilities.

TLSS is not responsible for damage to underground utilities, systems, or structures that were not properly located, marked, or disclosed before work began.

If TLSS encounters an unknown utility or underground structure, work may be suspended until the condition can be safely evaluated.

 

5. SITE ACCESS

 

The Customer authorizes TLSS and its employees, subcontractors, equipment, trucks, trailers, suppliers, and service providers to enter the property for purposes related to the project.

The Customer is responsible for providing reasonable access to the work area.

The Customer must disclose any:

• Weight-restricted driveways

• Weak bridges or culverts

• Septic systems near access routes

• Soft ground

• Underground structures

• Gates

• Low-clearance obstacles

• HOA restrictions

• Road restrictions

• Other access limitations

 

TLSS is not responsible for normal disturbance caused by safely moving heavy equipment across the Customer's property.

 

6. NORMAL PROPERTY DISTURBANCE

 

Heavy equipment operations naturally disturb soil and surrounding areas.

The Customer acknowledges that operations may result in:

• Tire or track marks

• Ruts

• Compacted soil

• Loose soil

• Mud

• Dust

• Small debris

• Surface disturbance

• Temporary drainage changes

• Disturbance to grass or vegetation near access routes

 

Unless specifically included in the written scope, restoration of lawns, landscaping, driveways, access routes, or disturbed areas is not included.

 

7. FORESTRY MULCHING & LAND CLEARING CONDITIONS

The Customer understands that forestry mulching and land clearing alter the existing property and vegetation.

Unless specifically stated otherwise:

• Forestry mulching does not remove underground root systems.

• Some stumps may remain below or near ground level.

• Mulched material may remain on the property.

• Natural settling may occur after work is completed.

• Additional growth may occur from existing roots, seeds, or vegetation.

• Previously hidden debris, stumps, rocks, holes, and terrain may become exposed.

• Final appearance may vary based on vegetation type, density, terrain, soil moisture, and equipment access.

 

TLSS does not guarantee that vegetation will not regrow unless a specific vegetation-control service is separately agreed upon.

 

8. GRADING & DRAINAGE

 

TLSS will perform grading services in accordance with the scope of work and existing site conditions.

Unless specifically included in writing, TLSS does not provide engineering, surveying, hydrology, geotechnical, architectural, or drainage-design services.

The Customer acknowledges that drainage is affected by numerous factors outside TLSS's control, including:

• Adjacent properties

• Soil conditions

• Rainfall

• Existing drainage systems

• Groundwater

• Municipal infrastructure

• Future construction

• Landscaping

• Changes made by other contractors

 

No guarantee is made that grading will eliminate all standing water, erosion, flooding, or drainage issues unless a specific engineered drainage result is expressly stated in writing.

 

9. WEATHER & GROUND CONDITIONS

 

Outdoor earthwork is dependent upon weather and ground conditions.

TLSS may delay, suspend, or reschedule work because of:

• Rain

• Severe weather

• Saturated soil

• Mud

• Unsafe conditions

• Extreme heat

• Storm damage

• Equipment-access concerns

• Conditions that could unnecessarily damage the Customer's property

Weather-related delays are not considered a breach of contract.

 

10. PROJECT SCHEDULING

 

Any start date or completion date is an estimate unless TLSS expressly guarantees the date in writing.

Scheduling may be affected by:

• Weather

• Equipment availability

• Equipment breakdowns

• Material availability

• Employee availability

• Subcontractor availability

• Permits

• Utility locating

• Site conditions

• Customer-requested changes

• Events outside TLSS's reasonable control

 

TLSS will make reasonable efforts to communicate significant scheduling changes.

 

11. EQUIPMENT BREAKDOWNS

 

Heavy equipment occasionally experiences mechanical failure.

If equipment breaks down during a project, TLSS may temporarily suspend work while repairs or replacement equipment are arranged.

A reasonable equipment-related delay does not constitute abandonment or breach of contract.

 

12. CHANGE ORDERS & ADDITIONAL WORK

Any request by the Customer that changes the original scope may result in additional charges.

Examples include:

• Clearing additional acreage

• Removing additional trees or stumps

• Additional grading

• Additional excavation

• Additional hauling

• Removing unexpected materials

• Importing additional material

• Working in areas not included in the original estimate

• Returning after completion for additional work

 

Changes may be approved in writing, electronically, by text message, or by another documented method agreed upon between TLSS and the Customer.

 

13. DEPOSITS

 

TLSS may require a deposit before scheduling work, reserving equipment, ordering materials, or beginning a project.

Unless otherwise required by applicable law or agreed in writing, deposits may be applied toward:

• Mobilization

• Equipment reservations

• Materials

• Rental equipment

• Fuel

• Administrative costs

• Scheduling commitments

• Other project expenses

 

The applicable estimate or proposal will state the deposit amount.

 

14. PAYMENT TERMS

 

Unless otherwise stated in writing:

 

Deposit: Due before scheduling or mobilization when required.

Progress Payments: May be required for multi-day or larger projects.

Final Payment: Due immediately upon substantial completion of the agreed scope unless different terms appear on the written proposal or invoice.

The Customer may not withhold undisputed amounts because of a minor punch-list item or unrelated disagreement.

 

15. LATE PAYMENTS

Past-due balances may be subject to the lesser of:

1.5% per month (18% annually)

or

the maximum amount permitted by applicable law.

The Customer may also be responsible, to the extent permitted by law, for reasonable costs incurred by TLSS in collecting unpaid amounts, including collection expenses and reasonable attorney's fees.

 

16. RETURNED OR FAILED PAYMENTS

 

The Customer is responsible for any reasonable bank fees or processing costs resulting from:

• Returned checks

• Reversed payments

• Failed ACH transactions

• Invalid payment methods

• Improper chargebacks

 

17. CREDIT CARD CHARGEBACKS

 

A Customer who disputes legitimate charges without first attempting in good faith to resolve the matter directly with TLSS remains responsible for amounts properly owed under the agreement, subject to applicable consumer-protection and payment-network laws.

Nothing in this provision limits any legal right the Customer may have to dispute an unauthorized or improper charge.

 

18. NONPAYMENT & SUSPENSION OF WORK

 

TLSS may suspend work if the Customer fails to make a required payment.

Any resulting schedule delay will not be considered a delay caused by TLSS.

TLSS may require outstanding balances to be paid before work resumes.

 

19. LIEN RIGHTS

 

TLSS reserves all lien, collection, contractual, and other remedies available under South Carolina law for unpaid labor, services, equipment, or materials.

Nothing in these Terms waives any right TLSS may have to file or enforce a mechanic's lien or pursue other lawful remedies for nonpayment.

 

20. CANCELLATION BY CUSTOMER

 

If the Customer cancels after accepting a proposal but before mobilization, the Customer may be responsible for reasonable nonrecoverable costs already incurred by TLSS, including:

• Equipment reservations

• Rental charges

• Mobilization arrangements

• Special-order materials

• Permitting expenses

• Delivery charges

• Administrative or subcontractor costs specifically incurred for the project

Any cancellation charge will comply with applicable law.

 

21. PROJECT CANCELLATION OR TERMINATION BY TLSS

 

TLSS may refuse, suspend, or terminate work when reasonably necessary because of:

• Unsafe conditions

• Customer nonpayment

• Customer interference with safe operations

• Abusive or threatening conduct

• Material misrepresentation of site conditions

• Unmarked hazards

• Illegal requests

• Property-access disputes

• Conditions materially different from those represented before work began

The Customer remains responsible for completed work and reasonable project costs incurred through the termination date.

 

22. PERMITS & APPROVALS

 

Unless specifically included in the written proposal, the Customer is responsible for determining whether permits, approvals, HOA authorization, environmental approvals, zoning approval, or other governmental authorization is required.

TLSS will not knowingly perform work that violates applicable law.

If work must stop because a required permit or approval was not obtained, resulting additional costs or remobilization expenses may be charged to the Customer where permitted by law.

 

23. ENVIRONMENTAL CONDITIONS

 

The Customer must inform TLSS of any known:

• Wetlands

• Protected waterways

• Protected species

• Environmental restrictions

• Contaminated soil

• Hazardous materials

• Underground tanks

• Chemical disposal areas

• Asbestos-containing debris

• Other regulated conditions

TLSS may immediately suspend work if suspected hazardous or environmentally regulated material is discovered.

Removal, testing, handling, or disposal of hazardous material is not included unless specifically stated in writing and legally permitted.

 

24. ROCK, CONCRETE & BURIED DEBRIS

 

Unless specifically included, estimates assume ordinary soil and vegetation conditions.

Unexpected rock, concrete, buried structures, construction debris, trash, metal, or other concealed material may require additional equipment, labor, hauling, disposal, or time and will be treated as additional work.

 

25. MATERIAL QUANTITIES

 

Quantities of soil, stone, aggregate, mulch, fill, or other material stated in an estimate are approximate unless specifically sold as a fixed quantity.

Additional material required because of site conditions, settlement, compaction, depth, or Customer-requested changes may result in additional charges.

 

26. HAULING & DISPOSAL

 

When debris hauling or disposal is included, pricing is based on the material reasonably anticipated at the time of the estimate.

Additional fees may apply for:

• Excess volume

• Excess weight

• Tires

• Appliances

• Concrete

• Hazardous materials

• Contaminated soil

• Mattresses

• Construction debris

• Dump fees

• Restricted disposal materials

TLSS may refuse to transport any material that cannot legally or safely be transported or disposed of.

 

27. CUSTOMER-PROVIDED MATERIALS

 

TLSS is not responsible for the quality, suitability, defects, shortages, or performance of materials supplied by the Customer or another contractor.

Additional labor caused by defective or unsuitable Customer-provided materials may be charged separately.

 

28. DAMAGE TO UNKNOWN OR CONCEALED CONDITIONS

 

TLSS will exercise reasonable care while performing work.

However, TLSS is not responsible for damage to concealed, unmarked, improperly installed, deteriorated, or undisclosed property features that could not reasonably be identified before work began.

This includes hidden:

• Utilities

• Pipes

• Septic components

• Irrigation systems

• Drainage systems

• Wiring

• Foundations

• Tanks

• Underground structures

 

This provision does not excuse damage caused by TLSS's negligence or intentional misconduct.

 

29. EXISTING PROPERTY CONDITIONS

 

TLSS is not responsible for preexisting defects or conditions, including:

• Cracked concrete

• Weak pavement

• Damaged culverts

• Failing retaining walls

• Unstable slopes

• Erosion

• Poor drainage

• Rotten trees

• Weak fencing

• Soft soils

• Existing structural damage

 

Where reasonably possible, TLSS may photograph or document existing conditions before work begins.

 

30. TREES & VEGETATION NEAR WORK AREA

Heavy equipment activity near trees may affect roots, branches, or surrounding soil.

TLSS does not guarantee the survival or future health of trees, shrubs, grass, or vegetation located within or immediately adjacent to active work areas unless expressly agreed otherwise in writing.

 

31. CUSTOMER & THIRD-PARTY SAFETY

 

For safety reasons, customers, children, pets, visitors, and unauthorized persons must remain outside active work zones.

The Customer is responsible for keeping pets, children, guests, tenants, and other persons away from operating equipment.

TLSS may stop work if unauthorized persons repeatedly enter the work area.

 

32. PHOTOGRAPHS & PROJECT DOCUMENTATION

 

TLSS may photograph or video the work area for:

• Project documentation

• Estimating

• Quality control

• Insurance documentation

• Progress records

• Dispute prevention

 

With Customer permission where legally required, TLSS may also use non-sensitive project photographs for marketing, advertising, social media, website content, or portfolio purposes.

TLSS will not intentionally publish private identifying information such as gate codes, security details, or sensitive Customer information.

 

33. WORKMANSHIP

 

TLSS agrees to perform work in a professional manner consistent with the agreed scope and reasonably accepted practices for the type of service being performed.

Customer expectations involving appearance, finish, elevations, tolerances, or specific outcomes should be stated in the written proposal before work begins.

 

34. WARRANTY

 

Unless a specific written warranty is provided with the proposal, TLSS warrants only that its services will be performed in a professional and workmanlike manner.

Natural conditions, erosion, settlement, vegetation regrowth, weather, groundwater, soil movement, and alterations made by the Customer or others are not covered by a workmanship warranty.

Any workmanship concern should be reported to TLSS promptly after discovery so TLSS has a reasonable opportunity to inspect the condition.

 

35. THIRD-PARTY WORK

 

TLSS is not responsible for damage, defects, changes, or failures caused by:

• Other contractors

• Utility companies

• Landscapers

• Builders

• Property owners

• Tenants

• Municipalities

• Subsequent construction

• Other third parties

 

36. SUBCONTRACTORS & SUPPLIERS

 

TLSS may use qualified subcontractors, operators, hauling companies, suppliers, rental companies, or other service providers where reasonably necessary to complete the project.

TLSS remains responsible for managing work within its contracted scope as required by applicable law.

 

37. FORCE MAJEURE

 

TLSS will not be liable for delays or inability to perform caused by events reasonably outside its control, including:

• Severe weather

• Flooding

• Hurricanes

• Fire

• Natural disasters

• Government restrictions

• Labor disruptions

• Utility interruptions

• Road closures

• Supply shortages

• Equipment shortages

• Acts of God

• Other similar events

 

38. LIMITATION OF CONSEQUENTIAL DAMAGES

 

To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, or consequential damages arising from the project, including lost profits or loss of use, except where such limitation is prohibited by law.

Nothing in this agreement limits liability that cannot legally be limited.

 

39. INSURANCE

 

TLSS will maintain insurance appropriate for its operations as required by applicable law and its insurance policies.

Upon reasonable request, proof of applicable insurance may be provided.

 

40. CUSTOMER COMMUNICATION & AUTHORIZATION

 

The Customer authorizes TLSS to communicate regarding the project through reasonable methods including:

• Phone

• Text message

• Email

• Electronic estimate or invoicing systems

Approvals, selections, change requests, and other project communications transmitted electronically may be treated as project documentation.

 

41. DISPUTE RESOLUTION

 

If a dispute arises, both parties agree to first make a good-faith effort to resolve the issue directly.

The Customer must provide TLSS a reasonable opportunity to inspect and, where appropriate, correct alleged workmanship issues before hiring another contractor to correct the same condition, except in an emergency or where otherwise required by law.

If the matter cannot be resolved informally, either party may pursue any lawful remedy available to it.

 

42. GOVERNING LAW

 

This agreement will be governed by the laws of the State of South Carolina, without regard to conflict-of-law principles.

Any legal action arising from the agreement will be brought in a court having lawful jurisdiction over the parties and dispute.

 

 

43. SEVERABILITY

 

If any provision of these Terms & Conditions is determined to be invalid or unenforceable, the remaining

provisions will remain in full force to the extent permitted by law.

 

44. NO WAIVER

 

Failure by TLSS to enforce a provision on one occasion does not waive TLSS's right to enforce that provision later.

 

45. ENTIRE AGREEMENT

 

The approved estimate, proposal, work order, change orders, written project documents, and these Terms & Conditions constitute the agreement between TLSS and the Customer regarding the project.

Any material modification should be documented in writing or through an electronic communication accepted by both parties.

 

46. CUSTOMER ACKNOWLEDGMENT

 

By accepting the proposal or authorizing TLSS to begin work, the Customer acknowledges that:

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1. The Customer has reviewed the scope of work.

2. The Customer has had an opportunity to ask questions.

3. Property boundaries and work areas have been accurately identified.

4. Known underground utilities and property hazards have been disclosed.

5. The Customer understands that heavy equipment work naturally causes some ground disturbance.

6. Additional or unforeseen work may result in additional charges.

7. Payment is required according to the agreed payment schedule.

8. The Customer has received or had access to these Terms & Conditions.

 

CUSTOMER

Customer Name: __________________________________

Project Address: _________________________________

Customer Signature: ______________________________

Date: ___________________________________________

TAPLEY LAND & SITE SERVICES

Authorized Representative: ________________________

Signature: ______________________________________

Date: ___________________________________________