1) Payment: Any required deposit is due upon acceptance of this Proposal unless otherwise specified. Remaining payments shall be made according to the Payment Schedule outlined in this Proposal. Final payment is due immediately upon substantial completion of the work. Failure to make timely payment may result in collection efforts and any remedies available under applicable law.
2) Scope of Work: This Proposal includes only the work specifically described within the Scope of Work section. Any labor, materials, services, or work not expressly included shall be considered additional work and may require a written Change Order and additional charges.
3) Change Orders: Any modification to the Scope of Work requested by the Customer or required due to unforeseen site conditions shall be documented through a written Change Order approved by both parties before additional work is performed. Approved Change Orders may increase or decrease the total contract amount and project schedule.
4) Underground Utilities & Existing Improvements: RPM Earthworks LLC assumes public utilities have been properly located prior to excavation. The Customer is responsible for identifying all known private underground utilities and improvements including, but not limited to, irrigation systems, invisible pet fences, septic systems, drain fields, propane lines, private electrical lines, water lines, communication cables, and landscaping. RPM Earthworks LLC shall not be responsible for damage to undisclosed or improperly located private utilities or underground structures.
5) Property Conditions: Heavy equipment operations may cause rutting, soil disturbance, lawn damage, or minor surface impacts outside the immediate work area. Every reasonable effort will be made to minimize such impacts; however, restoration beyond the scope of work is not included unless specifically stated in this Proposal.
6) Weather and Unforeseen Conditions: Project schedules are estimates only and may be delayed due to weather, unsafe working conditions, hidden underground conditions, equipment breakdowns, permit delays, material shortages, or other circumstances beyond the reasonable control of RPM Earthworks LLC. Such delays shall not constitute a breach of this Agreement.
7) Customer Information: RPM Earthworks LLC relies upon property information provided by the Customer, including property boundaries, easements, work limits, and existing site conditions. The Customer accepts responsibility for the accuracy of such information.
8) Cleanup: Upon completion of the contracted work, RPM Earthworks LLC will perform a general cleanup of debris generated by the work described in this Proposal. Fine grading, lawn restoration, seeding, landscaping, and disposal per local laws are not included unless specifically listed within the Scope of Work.
9) Insurance: RPM Earthworks LLC maintains applicable business insurance. Certificates of Insurance will be provided upon request.
10) Limitation of Liability: RPM Earthworks LLC shall not be liable for damages resulting from concealed site conditions, underground obstructions, inaccurate property boundaries, utility locations, or conditions that could not reasonably be discovered prior to beginning work. In no event shall RPM Earthworks LLC's liability exceed the total amount paid by the Customer under this Agreement, except where prohibited by applicable law.
11) Photographs: Unless requested before work begins, RPM Earthworks LLC reserves the right to photograph the project before, during, and after completion for documentation, quality control, portfolio purposes, and marketing. Customer names, addresses, and other personal information will not be published without permission.
12) Default: If either party fails to fulfill its obligations under this Agreement, the non-defaulting party shall have all rights and remedies available under applicable law. RPM Earthworks LLC reserves the right to suspend work until any payment default has been resolved.
13) Force Majeure (Acts of God): RPM Earthworks LLC shall not be responsible for delays or failure to perform caused by events beyond its reasonable control, including but not limited to severe weather, flooding, fire, natural disasters, labor shortages, governmental actions, utility interruptions, equipment failures, or material shortages.
14) Governing Law: This Agreement shall be governed by and interpreted under the laws of the State of Maryland and the State of Pennsylvania.
15) By using this website, requesting an estimate, submitting an inquiry, or voluntarily providing information to RPM Earthworks LLC, you acknowledge that you have had the opportunity to review these Terms & Conditions and agree to be bound by them, subject to applicable law.