Terms and Conditions

These Terms and Conditions apply to and form part of every Proposal, Quote, and Contract issued by Capital Area Land Management LLC ("Contractor") to a customer ("Customer").

1. Agreement & Scope

1.1 Scope of Work: Contractor will perform only the work specifically described in the signed Proposal. Any work not specifically listed is excluded unless added by a written Change Order.

1.2 Additional Work / Change Orders: Any request for work outside the original scope requires a written Change Order signed by both parties. Verbal requests do not modify this Agreement.

1.3 Entire Agreement: The signed Proposal, Contract, any Change Orders, and these Terms and Conditions constitute the complete agreement between the parties. Any modification must be in writing and signed by both parties.

1.4 Mobilization: As used in these Terms and Conditions, "mobilization" means the transport of Contractor's equipment to the work site. Mobilization is deemed to have occurred when Contractor's equipment arrives at the property, whether or not clearing work has begun. Contractor may photograph equipment arrival to document the date and time of mobilization.

2. Property & Site Responsibilities

2.1 Property Ownership: Customer represents that they own the property or have legal authority to authorize the requested work. Customer agrees to indemnify Contractor against claims arising from unauthorized work requests.

2.2 Property Boundaries: Customer is solely responsible for identifying all property boundaries. Contractor is not responsible for clearing beyond property lines where boundaries are incorrectly identified by Customer or Customer's representative.

2.3 Trees and Vegetation to Remain: Customer must clearly identify every tree, shrub, or area that is to remain prior to the start of work. Any vegetation not specifically identified as "Do Not Remove" may be removed during normal operations.

2.4 Underground Utilities & Hidden Improvements: Customer is responsible for identifying and disclosing all known underground or concealed improvements, including but not limited to septic systems, drain fields, wells, water lines, electric service, gas lines, communication cables, irrigation systems, invisible pet fences, landscape lighting, private utility lines, underground tanks, drain tiles, and culverts. Contractor is not responsible for damage to concealed or unmarked items.

2.5 Utility Locates: Public utility locating (Miss Dig) should be completed before work begins. Private utility locating remains Customer's responsibility unless specifically included in writing.

2.6 Permits and Regulatory Compliance: Customer is solely responsible for determining whether any permits, approvals, or regulatory clearances (including but not limited to local ordinances, wetland regulations, or zoning requirements) are required for the work, and for obtaining any such permits or approvals prior to commencement. Contractor shall have no liability for work performed without required permits where Customer failed to disclose the requirement or obtain the necessary approval.

2.7 Site Access: Customer shall provide adequate access for trucks, trailers, skid steers, and other equipment. Contractor is not responsible for delays caused by blocked access or inaccessible work areas.

2.8 Existing Property Damage: Contractor is not responsible for pre-existing damage to driveways, lawns, fences, buildings, drainage systems, or other improvements. Photographs may be taken before work begins to document site conditions.

3. Scheduling, Deposits & Payment

3.1 Scheduling and Weather Delays: Work schedules are estimates only. Scheduled jobs may be confirmed with a written date and time sent to the email address Customer provides on the signed Proposal. Changes to the schedule may be communicated by email, phone call, or text. Contractor may postpone work due to rain, snow, frozen ground, excessively wet conditions, high winds, equipment safety concerns, fire danger, or other unsafe conditions. Such delays shall not constitute a breach of this Agreement.

3.2 Deposits: A deposit is required to reserve the scheduled work date and is due upon receipt of a deposit invoice. The deposit invoice is issued separately from the final invoice. The deposit amount is calculated as a percentage of the total contract price, as follows:

•      Under $2,500: 20% of contract price

•      $2,500 – $7,500: 35% of contract price

•      Over $7,500: 50% of contract price

The scheduled work date is not reserved until the deposit is received in full. Deposits are non-refundable. Failure to remit the deposit may result in loss of the scheduled work date.

3.3 Cancellations: Deposits are non-refundable and are forfeited upon cancellation by Customer for any reason.

If Customer cancels before Contractor has mobilized equipment to the site, Customer forfeits the deposit and owes no additional amount.

If Customer cancels after Contractor has mobilized equipment to the site, Customer forfeits the deposit and shall additionally pay: (a) the value of work performed through the date of cancellation, calculated on a pro rata basis against the contract price; (b) Contractor's actual costs of mobilization and demobilization; and (c) any non-recoverable costs incurred by Contractor in reliance on this Agreement, including materials ordered, equipment rental, and permit or locate fees. The deposit shall be applied as a credit against amounts owed under this paragraph. Customer shall not be entitled to any refund where the deposit exceeds those amounts.

Contractor may suspend or terminate work and invoice under this Section 3.3 where Customer denies site access, materially interferes with the work, or fails to remit payment when due.

3.4 Payment Terms: Payment is due according to the terms set forth in the signed Proposal. Invoices not paid when due may accrue interest at the maximum rate permitted under Michigan law. Customer agrees to pay reasonable collection costs, court costs, and attorney's fees if collection becomes necessary.

3.5 Returned Payments: Returned checks or rejected electronic payments may be subject to a processing fee as permitted by law.

3.6 Suspension of Work: Contractor may suspend work due to non-payment, unsafe conditions, customer interference, lack of property access, discovery of hazardous conditions, or failure to obtain required approvals. Project completion dates shall be extended accordingly.

4. Performance of Work

4.1 Personal Performance: Contractor shall perform all work using its own personnel and shall not subcontract any portion of the work to third parties without Customer's prior written consent.

4.2 Site & Surface Conditions: Customer understands that forestry mulching and land clearing are heavy-equipment operations. Normal results may include tire or track impressions, soil disturbance, exposed rocks, surface roots, uneven mulch depth, broken branches, dust, mud, rutting, and settlement after disturbed soil dries. These conditions are considered normal and are not defects. Unless specifically included in the signed Proposal, lawn repair, grading, seeding, and restoration are not included in the scope of work.

4.3 Hidden Conditions: Should Contractor discover hidden obstacles including buried concrete, foundations, scrap metal, excessive rock, hazardous materials, or other unforeseen conditions, work may stop until a revised estimate is approved by Customer.

4.4 Mulch Disposition: All mulch generated during the course of work shall remain on Customer's property and becomes the property of Customer upon creation. Contractor does not provide mulch removal or haul-away services unless separately contracted in writing.

5. Insurance, Warranty & Liability

5.1 Insurance: Contractor maintains commercial general liability insurance. Proof of insurance will be provided upon reasonable request.

5.2 Warranty: Contractor warrants only that work will be performed in a professional and workmanlike manner. No guarantee is made regarding future vegetation growth, weed control, erosion, soil settlement, drainage improvements (unless specifically contracted), or survival of retained vegetation. Except as expressly stated in this Agreement, Contractor disclaims all other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, to the extent permitted by law.

5.3 Limitation of Liability: Contractor's total liability under this Agreement shall not exceed the amount paid by Customer under the applicable contract. Contractor shall not be liable for indirect, incidental, consequential, or special damages. Any claim arising from the work must be submitted to Contractor in writing within ten (10) days of completion of the work, or such claim is waived.

5.4 Force Majeure: Neither party shall be liable for delays resulting from events beyond its reasonable control, including severe weather, natural disasters, labor shortages, government actions, equipment supply delays, or similar events.

6. Communications & Documentation

6.1 Notices: All notices required or permitted under this Agreement shall be delivered by email to the address Customer provides on the signed Proposal. Customer is responsible for providing a valid, regularly monitored email address and for promptly notifying Contractor in writing of any change to that address. Notice shall be deemed given upon transmission.

6.2 Photographs: Contractor may photograph the property before, during, and after work for documentation purposes. Use of any photographs for marketing purposes requires Customer's approval if indicated on the Proposal.

7. General Provisions

7.1 Dispute Resolution: The parties agree to first attempt to resolve any dispute through good-faith negotiation. If a resolution cannot be reached, the dispute shall be resolved in the courts of the State of Michigan unless both parties agree otherwise in writing.

7.2 Governing Law: This Agreement shall be governed by the laws of the State of Michigan.

7.3 Waiver: No failure or delay by either party in exercising any right under this Agreement shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any other or further exercise of that right or any other right. Any waiver must be in writing and signed by the waiving party to be effective.

7.4 Severability: If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall remain in full force and effect.

The parties acknowledge they have read and understand these Terms and Conditions, which form part of the Agreement between Capital Area Land Management LLC and the Customer.