By accepting an estimate, scheduling service, making payment, or permitting work to begin, the Customer agrees to the following terms and conditions with Owens Ltd Land Tree & Debris LLC ("Contractor").
Section 1
Scope of Work
Contractor agrees to provide forestry mulching, underbrush removal, vegetation management, land clearing, or related services as described in the estimate, invoice, proposal, or written agreement provided to Customer.
Only the work specifically described in the approved estimate or agreement is included unless otherwise stated in writing.
Section 2
Property Boundaries & Work Areas
Customer is solely responsible for identifying and confirming all property lines, easements, setbacks, and designated work areas prior to commencement of work.
Contractor shall not be held responsible for damages, disputes, or claims resulting from inaccurate, unclear, or improperly identified property boundaries or work instructions.
Section 3
Underground Utilities & Hidden Hazards
Customer is responsible for identifying and disclosing all known underground, concealed, or hidden hazards prior to commencement of work, including but not limited to:
- Utility lines
- Septic systems and drain fields
- Wells and water lines
- Irrigation systems
- Electrical, cable, internet, and communication lines
- Invisible fencing
- Culverts, pipes, and fuel tanks
- Concrete debris, buried structures, foundations, or construction debris
- Any other underground or concealed obstruction that may affect equipment operation
Contractor is not responsible for damage to unmarked, undisclosed, improperly marked, or unknown underground utilities, systems, structures, or hazards.
Customer acknowledges that forestry mulching and land clearing involve heavy equipment operating over natural terrain where concealed hazards may exist.
If Contractor equipment is damaged as a result of undisclosed, concealed, improperly identified, inaccurately represented, or otherwise unknown hazards located within the designated work area, Customer may be held responsible for the reasonable costs associated with repairs, replacement parts, equipment recovery, transportation, downtime, and other damages directly resulting from such conditions.
Section 4
Site Conditions & Natural Terrain
Customer understands that forestry mulching is not a grading or excavation service unless specifically stated otherwise in writing.
Results may vary depending on: vegetation density, terrain conditions, soil composition, moisture conditions, existing debris, and access limitations.
Mulched material, organic debris, surface irregularities, ruts, exposed roots, uneven ground, and natural terrain variations may remain following completion of work. Florida sandy soils and wet ground conditions may result in visible equipment impressions or surface disturbance.
Section 5
Access & Equipment Operation
Customer grants Contractor reasonable access to the property for equipment operation and acknowledges that heavy machinery may create minor ground disturbance consistent with normal forestry mulching and land clearing operations.
Contractor shall not be responsible for:
- Existing weak pavement
- Soft or unstable ground conditions
- Hidden debris or buried objects
- Fence damage caused by concealed hazards
- Damage resulting from inadequate access conditions
Customer acknowledges that efficient forestry mulching operations require continuous equipment operation and productivity. Frequent interruptions, work stoppages, repeated consultations, relocation requests, changes to work instructions, or other delays initiated by Customer may result in additional charges based upon the additional time incurred.
Contractor reserves the right to document and bill such delays at the applicable hourly rate or other agreed pricing structure.
Section 6
Tree Retention & Vegetation Selection
Any trees, vegetation, structures, or areas intended to remain untouched must be clearly identified by Customer prior to work beginning.
Contractor is not responsible for accidental removal or damage to unmarked vegetation or obstacles within the work area.
Section 7
Weather Delays & Unsafe Conditions
Contractor reserves the right to delay, reschedule, or suspend operations due to: rain, flooding, excessively wet conditions, fire danger, unsafe terrain, equipment safety concerns, Acts of God, and conditions outside Contractor's control.
Such delays shall not constitute breach of agreement.
Section 8
Additional Work & Change Orders
Any work requested outside the original agreed scope may result in additional charges.
Additional services requested verbally, electronically, or on-site by Customer may be billed accordingly.
Section 9
Estimates & Pricing
All estimates are based upon visible site conditions and information reasonably available at the time of inspection.
Concealed conditions, hidden debris, excessive vegetation density, inaccessible terrain, customer-requested scope changes, equipment recovery situations, unforeseen hazards, or other unforeseen circumstances may require revised pricing or additional charges.
Contractor reserves the right to assess additional charges for concealed hazards, undisclosed site conditions, excessive debris, inaccessible terrain, customer-directed changes to the scope of work, customer-caused delays, or interruptions that materially affect production time, equipment operation, or project completion.
Unless otherwise stated in writing, all estimates are valid for thirty (30) days.
Section 10
Payment Terms
Payment is due upon completion of work unless otherwise agreed in writing.
Contractor reserves the right to: stop work for nonpayment, charge late fees on overdue balances, and recover reasonable collection costs associated with unpaid invoices.
Returned checks may be subject to additional fees permitted by Florida law.
Customer acknowledges that electronic or card payments may include processing fees where applicable.
Section 11
Limitation of Liability
To the fullest extent permitted under Florida law, Contractor's liability for any claim arising from services provided shall be limited to the total amount paid by Customer for the specific services rendered.
Contractor shall not be liable for:
- Incidental damages
- Consequential damages
- Loss of property value
- Natural terrain disturbance
- Hidden hazards
- Drainage changes
- Erosion
- Damage caused by undisclosed conditions
- Pre-existing property defects
Section 12
Insurance
Contractor maintains applicable business insurance coverage. Certificate of Insurance (C.O.I.) available upon request with executed service agreement.
Section 13
Right to Refuse or Suspend Service
Contractor reserves the right to refuse, delay, suspend, or discontinue work if unsafe conditions exist, access becomes restricted, Customer interferes with operations, creates unreasonable delays, repeatedly interrupts equipment operation, conditions differ substantially from estimate assumptions, or payment terms are violated.
Section 14
Governing Law
This agreement shall be governed by and interpreted under the laws of the State of Florida.
Any disputes arising under this agreement shall be handled in the appropriate courts located within the State of Florida.
Section 15
Acceptance of Terms
By approving an estimate, signing an agreement, submitting payment, scheduling service, or allowing work to commence, Customer acknowledges that they have read, understood, and agreed to these Terms & Conditions.
Section 16
Contact Information
Owens Ltd Land Tree & Debris LLC
