BUSINESS TERMS AND
CONDITIONS
VA EXCAVATION AND LAND
LLC
(VAEXCAVATIONANDLAND.COM / Legal)
Official Terms and Conditions for
Land Clearing, Excavation, Forestry Mulching, Site Preparation, Hauling, Snow
Removal, and Related Development Services
County: Spotsylvania |
State: Virginia
These Terms and Conditions are
intended for use in estimates, work orders, service agreements, proposals,
invoices, and customer communications.
Effective Date: 3/1/2026 Version: 1.0
These Terms
and Conditions ("Terms") govern all estimates, quotations, work
orders, dispatches, mobilizations, deliveries, field services, invoices,
projects, and related business activities performed by VA EXCAVATION AND LAND
LLC (the "Company") for any customer, client, property owner,
contractor, subcontractor, developer, tenant, or authorized representative
(collectively, the "Customer").
These Terms
apply to land clearing, forestry mulching, excavation, brush cutting, grading,
earth moving, hauling, snow removal, storm cleanup, tree-related work, dump
removal, dirt, sand, and stone movement, housing or site development support,
and all custom jobs or related services offered by the Company.
By approving
an estimate, signing a proposal, placing a work order, requesting mobilization,
making a deposit, allowing access to a job site, or accepting any Company
service, the Customer agrees to be legally bound by these Terms.
The Company
operates heavy equipment and transportation services in changing field
conditions. Scheduling, sequencing, staffing, travel time, material
availability, weather, site access, permitting conditions, utility conditions,
and safety conditions may affect project timing and performance.
The Company
reserves the sole right to determine the method, sequence, crew allocation,
equipment assignment, safety controls, operating schedule, haul route, and
field decisions reasonably necessary to complete the work.
The Company
may suspend, delay, reschedule, or modify field operations where weather,
access, utility conflicts, emergency conditions, site hazards, permitting
issues, soil conditions, customer-caused delays, mechanical issues, or unsafe
circumstances make continued work impractical or unsafe.
All
estimates and quotations are based on visible conditions and information
reasonably available at the time of pricing. Hidden conditions, underground
obstructions, rock, debris, contamination, soft ground, unstable slopes, buried
materials, undocumented utilities, drainage failures, excessive roots, or
hazardous site conditions may require additional charges, revised scope,
additional time, or a written change order.
Unless
otherwise stated in writing, estimates are preliminary, non-binding as to
unforeseen conditions, and subject to revision if the scope changes or the site
differs from the assumptions used in pricing.
Verbal
estimates, rough order pricing, ballpark figures, and site discussions are not
final fixed-price commitments unless confirmed in writing by the Company.
Each project
may be documented through an estimate, accepted proposal, work authorization,
dispatch, invoice, text confirmation, email confirmation, or signed work order.
The Company may rely on written or electronic approvals.
The Customer
is responsible for accurately describing the requested work, property
boundaries, intended finished use, access routes, and known hazards. The
Company is not liable for errors caused by incomplete, inaccurate, or
misleading information provided by the Customer.
Any
additional work, standby time, remobilization, waiting time, debris handling
beyond original assumptions, material hauling, emergency response, after-hours
work, or work outside the agreed scope may be billed at additional rates.
Unless the
Company agrees otherwise in writing, a non-refundable advance payment equal to
thirty-five percent (35%) of the estimated contract price is due before
scheduling, mobilization, equipment dispatch, material ordering, or reserving
labor and machinery for the project.
The Company
may treat the deposit as earned in whole or in part to cover scheduling loss,
administrative cost, route planning, equipment reservation, crew commitment,
fuel preparation, opportunity cost, and project preparation once the project is
booked.
If a
Customer delays, cancels, or prevents the work after scheduling or
mobilization, the Company may retain all or part of the advance payment and may
invoice additional costs actually incurred.
Unless
stricter terms are stated in writing, all invoices are due upon receipt or
within the time stated on the invoice. Any remaining balance becomes
immediately due upon substantial completion, final completion, delivery of
service, or project stoppage caused by the Customer, whether or not the
Customer has begun using the improved property.
If payment
is not received by the stated due date, the unpaid balance shall accrue finance
charges at the rate of twenty-one percent (21%) APR beginning after thirty (30)
days past due, in addition to the original amount owed, to the maximum extent
allowed by applicable law.
The Customer
remains liable for the full contract price, all approved change orders, standby
time, damage charges, collection costs, late charges, returned payment fees,
attorney fees where enforceable, court costs, expert fees, lien preparation
costs, filing fees, and all other lawful costs of collection or enforcement.
Equipment
rates may include machine time, mobilization, demobilization, loading,
unloading, transport, operator time, route time, standby time, attachments,
wear items, fuel surcharge, and minimum charge requirements.
Transportation
charges may apply for trucks, trailers, lowboy movement, dump runs, haul
routes, off-loading, reloading, oversized equipment movement, permits, escort
requirements, tolls, staging, and return trips.
Where actual
field conditions increase cycle time, access time, or haul distance, the
Company may charge for additional transportation time, additional equipment, or
revised dispatch requirements.
All Company
employees, operators, drivers, laborers, and subcontracted crew members must
follow Company safety requirements, customer site rules that are lawful and
practical, equipment operating procedures, drug and alcohol restrictions,
reporting procedures, and applicable wage and labor standards.
The Customer
shall not directly supervise Company crew in a manner that interferes with safe
operations, nor instruct the crew to perform work outside the approved scope
without Company authorization.
Abusive,
threatening, discriminatory, obstructive, unsafe, or unlawful conduct directed
at the Company personnel may result in immediate suspension of work, removal
from site, law-enforcement referral, and additional charges for delay or
remobilization.
The Company
will make reasonable efforts to operate safely; however, heavy equipment work
involves inherent risks, including flying debris, shifting ground, falling
limbs, stump rebound, slope failure, mud conditions, material collapse, machine
overturn, low-visibility conditions, and contact with hidden objects or
utilities.
The Customer
must keep all unauthorized persons, children, pets, tenants, visitors, and
vehicles clear of active work areas and equipment paths. The Customer is
responsible for maintaining a safe exclusion zone unless otherwise agreed in
writing.
Any injury,
incident, near miss, property damage, utility strike, environmental release, or
safety complaint must be reported to the Company immediately. The Company may
stop work until the condition is investigated and controlled.
To the
fullest extent permitted by law, the Company shall not be liable for delays,
loss of use, lost profit, crop loss, business interruption, hidden underground
conditions, undocumented utilities, drainage changes arising from preexisting
site conditions, or incidental, special, indirect, or consequential damages.
The Company
liability for any claim relating to services shall, to the maximum extent
permitted by law, be limited to the amount actually paid to the Company for the
specific work directly giving rise to the claim, unless a different limit is
required by law or expressly agreed in a signed writing.
The Customer
shall indemnify and hold the Company harmless from claims arising out of unsafe
customer instructions, inaccurate property lines, failure to mark hazards,
customer-supplied materials, trespass claims caused by customer direction, or
the acts or omissions of the Customer, other contractors, tenants, invitees, or
third parties at the site.
The Company
may maintain such insurance as it deems appropriate for its business
operations, which may include general liability, commercial auto, inland
marine, equipment coverage, workers compensation where required, and umbrella
or excess coverage if maintained.
Proof of
insurance, additional insured status, waiver requests, or project-specific
coverage requirements must be requested in writing before the project begins
and are subject to approval and possible additional charges.
The Customer
remains responsible for maintaining adequate property insurance, builders risk
insurance where applicable, premises liability insurance, and any coverage
needed for the project site, structures, materials, and third-party exposures
outside the Company agreed responsibility.
The Company
may, in its sole judgment, refuse, suspend, postpone, or stop equipment
operation during storms, lightning, high wind, wildfire conditions, active
smoke, extreme heat, snow, ice, flooding, rail-adjacent hazards, unstable
slopes, mud failure, poor visibility, emergency closures, fire response areas,
or other hazardous or extraordinary conditions.
Operation in
snow, storm, rail-adjacent, burn area, or other elevated hazard environments
may require premium pricing, additional spotters, reduced production
expectations, additional insurance controls, additional waivers, reduced
operating windows, or complete shutdown.
The Company
shall not be deemed in breach for delays or nonperformance caused by weather
events, governmental restrictions, fire conditions, emergency events, acts of
God, or dangerous operating conditions.
The Customer
must disclose known site hazards, including but not limited to septic systems,
drain fields, invisible fence systems, irrigation, underground lines, wells,
tanks, abandoned foundations, soft ground, sink areas, cables, rebar, debris
pits, stumps, barbed wire, and hidden scrap metal.
If the
Company truck, trailer, attachment, tire, hydraulic component, glass,
undercarriage, cutting head, or other equipment is damaged because of hidden
conditions, hazardous debris, unmarked utilities, unsafe access,
customer-directed misuse, improper loading area, or customer negligence, the
Customer shall be liable for repair or replacement cost, downtime, towing,
field service, lost production, transport, and related losses to the extent
permitted by law.
The Customer
is also responsible for damage caused by customer vehicles, employees,
subcontractors, animals, guests, or unauthorized persons interfering with
Company equipment or operations.
Unless
expressly included in the scope, the Customer is responsible for obtaining
permits, approvals, easements, HOA approvals, and utility locates necessary for
the work. The Customer must identify and clearly mark boundaries, no-go areas,
utilities, structures, wells, septic areas, monuments, and protected items
before work begins.
The Company
may rely on markings, plans, and instructions supplied by the Customer or
others and shall not be responsible for errors in those materials unless the
Company expressly accepted responsibility in writing.
If utility
locating, surveying, engineering, traffic control, environmental review, or
permitting assistance is requested from the Company, the additional services
shall be separately charged unless included in writing.
Unless
otherwise agreed, ownership of removed brush, timber, stumps, spoil, scrap,
fill, or debris shall be handled according to the written scope. The Company
may chip, stack, haul, spread, bury where lawful, or dispose of materials as
reasonably necessary to perform the work, subject to the agreed scope and legal
restrictions.
Dump fees,
landfill fees, environmental fees, cleanup surcharges, contamination handling,
or special disposal charges shall be billed in addition to the quoted price
unless expressly included.
The Company
is not responsible for salvaging materials unless salvage is specifically
included in writing.
Company
employees and authorized subcontractors shall use reasonable safety practices,
personal protective equipment, and equipment procedures suitable to the task.
Nothing in these Terms creates an employment relationship between the Customer
and the Company workforce.
If a
Customer requests unsafe work, entry into an uncontrolled hazard zone,
operation without proper access, or work near unstable structures, fire, rail,
traffic, or overhead hazards, the Company may refuse the request or require
additional controls and pricing.
The Customer
shall cooperate in incident reporting and preserve relevant site evidence if an
injury or equipment incident occurs.
The Company
may use subcontractors, owner-operators, trucking services, disposal vendors,
surveyors, or other third parties as needed. Such use does not relieve the
Customer of payment obligations under these Terms.
Where the
scope depends on third-party disposal sites, utility providers, permit offices,
or customer-hired contractors, the Company is not responsible for delays,
shutdowns, refusals, or performance issues caused by those parties.
The Company
may suspend or terminate work immediately for nonpayment, unsafe conditions,
customer interference, denied access, permit failure, misrepresentation,
abusive conduct, force majeure, hazardous conditions, or other material breach
by the Customer.
If a project
is suspended or terminated, the Customer shall pay for all work performed,
mobilization, reserved labor, reserved equipment, materials ordered, restocking
charges, delay costs, and demobilization costs through the date of suspension
or termination.
If the
Customer abandons the project, fails to communicate, or prevents completion,
the Company may invoice the earned contract balance and all additional costs
caused by such conduct.
The Company
warrants only that it will perform services in a commercially reasonable manner
consistent with ordinary industry practice for the type of work engaged. No
other warranty, express or implied, including any implied warranty of
merchantability or fitness for a particular purpose, is made unless stated in a
signed writing.
The Company
does not guarantee exact grading tolerance, drainage outcome, vegetation
regrowth prevention, complete root removal, future soil settlement, crop
outcome, erosion prevention, or future site performance unless expressly stated
in writing.
If the
Customer fails to pay any amount due, the Company may suspend future services,
record and preserve evidence, send the account to collections, pursue mechanics
lien rights where available, file suit, arbitrate if agreed, recover possession
of deliverables where lawful, and pursue all legal or equitable remedies.
If the
Company must attend court, arbitration, mediation, collection proceedings, lien
enforcement, or any legal action related to the Customer breach or nonpayment,
the Customer shall be liable for court costs, reasonable attorney fees where
recoverable, service fees, filing fees, interest, investigative costs, witness
fees, and all other lawful enforcement costs.
Acceptance
of partial payment does not waive the Company right to pursue the remaining
balance or any contractual or legal remedy.
The Company
may photograph, video record, map, document, drone-capture where lawful, and
otherwise record job conditions, work progress, access routes, equipment
condition, hazards, incidents, and completed work for operational, evidentiary,
marketing, training, and legal purposes unless restricted by written agreement.
The Customer
grants the Company a limited right to enter, inspect, document, and maintain
project records reasonably related to the job.
These Terms
shall be governed by the laws of the Commonwealth of Virginia without regard to
conflict-of-law principles.
The parties
shall attempt in good faith to resolve disputes through direct discussion
before litigation. However, the Company may seek immediate equitable relief,
payment enforcement, collection remedies, or lien remedies without delay where
necessary to protect its interests.
Venue for
legal proceedings shall lie in a court of competent jurisdiction serving
Spotsylvania County, Virginia, unless the Company elects another lawful venue.
The Company
reserves the right to revise rates, policies, dispatch rules, operating
methods, safety requirements, credit terms, and administrative procedures at
any time, provided that the version in effect at the time of contract
acceptance generally governs the work unless a later version is expressly
incorporated.
No waiver of
any breach or policy violation shall be deemed a continuing waiver. All rights
and remedies are cumulative and in addition to any rights available at law or
in equity.
These Terms,
together with the accepted estimate, proposal, work order, invoice, signed
service agreement, approved change orders, and any project-specific addenda
issued by the Company, constitute the entire agreement between the parties
concerning the subject work.
If there is
a conflict between documents, the following order of priority shall apply
unless otherwise stated in writing: signed contract or service agreement;
signed change order; accepted proposal or estimate; invoice terms; these Terms
and Conditions; then any other Company-issued written clarification.
The Customer
signature, electronic approval, deposit payment, scheduling confirmation,
worksite access, or acceptance of services constitutes agreement to these Terms
and Conditions.
The
undersigned Customer acknowledges receipt of these Business Terms and
Conditions and agrees that they apply to all work performed by VA EXCAVATION
AND LAND LLC unless a different written agreement signed by the Company
expressly states otherwise.
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VA EXCAVATION AND LAND |