LOCAL LOCATORS LLC GENERAL TERMS AND CONDITIONS
1. Client acknowledges the underground nature of this Private Utility Locate (PUL) work. Furthermore, Client accepts that Local Locators, LLC (“Local Locators)” cannot know the subsurface condition and therefore cannot accept any liability for damages. Client agrees to all requirements described in this document and has fully read and understands all items listed within this document.
2. Client acknowledges and understands that our results are based upon the quality of the data received in which is determined by a variety of factors including, but not limited to; limitations of the “Equipment” section of this document, present soil conditions and type of infrastructure being located. Equipment limitations are inherent to all locating equipment. The Client will authorize in writing any drilling, excavation, or any destructive methods.
3. Client acknowledges that Local Locators through the Private Utility Locating (PUL) scope is reporting retrieved data and this data is not part of any geophysical, geotechnical, civil, or other professional service.
4. Local Locators is not liable for inaccurate data or for any other reason, and customer agrees to release and indemnify Local Locators and its owners and agents from all losses and damages from all alleged negligence and/or contract claims by Client or any third-party contractor. These terms and conditions supersede any other previous terms and conditions, or representation, either oral or written as they relate to PUL scope only.
5. Price includes mobilization & scanning with the EM Pipe Locator, 350 MHz GPR, basic reporting, and marking with paint, flags and/or wooden lath. Please note the pricing is based on average conditions and number of findings. Any external delays, obstacles, progress influencers, or constraints may cause more time on site and additional charges may apply. Should the technician need to receive training/certification on-site or prior to site arrival, it will be considered time on site.
6. The project will be invoiced upon completion. The proposed fee will not be exceeded without prior written approval.
7. In the event of work cancellation upon arrival, stoppage or delays, Client shall be responsible for mobilization fee for cancellation of $1,000 and any per diem accumulation for stoppage or delays.
8. The Client agrees that any and all limitations of the Consultant’s liability and indemnifications by the Client to the consultant shall include and extend to those individuals and entities the consultant retains for performance of the services under this Agreement, including but not limited to the Consultant’s officers, partners and employees and their heirs and assigns, as well as the Consultant’s subconsultants and their officers, employees, heirs and assigns.
9. Services provided under this Agreement, including all reports, information, recommendations, or opinions prepared or issued by Consultant, are for the exclusive use and benefit of Client in connection with the project, are not intended to inform, guide, or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client for any purpose. Client will not distribute or convey such reports, information, recommendations, or opinions to any other persons or entities without Consultant’s prior written consent.
10. Client shall bear sole responsibility for notifying all prospective purchasers or other appropriate third parties including, but not limited to, all appropriate municipal, regional, state, or federal agencies of the existence of any hazardous or dangerous materials located in or around the Project site.
11. Client shall provide Consultant with all information regarding existing conditions, including the existence of hazardous or dangerous materials, and proposed uses of the Project site and shall correctly designate the location of all property lines of the Project site and all subsurface installations, such as pipes, tanks, cables, electrical lines, telephone lines and utilities within the Project site. Client shall immediately provide Consultant with any new information, including any change in plans. Client releases Consultant from liability for any incorrect advice, judgment or decision based on any inaccurate information furnished by Client or others. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site by Consultant, Consultant shall, upon recognizing the condition, immediately stop work in the affected area and report the condition to Client.
12. Client shall cooperate with all reasonable requests by Consultant that are related to the performance of the Services, including but not limited to obtaining permission, at Client’s sole cost, to allow Consultant access to the Project site.
13. If Client insures property, real or personal, or both, at or adjacent to the Project by property insurance, whether during or after the completion of the construction of the Project, Client agrees to waive all subrogation claims against Consultant for damages caused by fire or other causes of loss to the extent covered by such property insurance.
14. Client waives all claims against Consultant for all claims, liabilities, losses, and expenses arising out of or relating to Client’s failure to perform, in whole or in part, any of its obligations under this Agreement and any subsequent agreements.
15. Client shall be responsible for jobsite safety.
16. If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Consultant at the commencement of this Agreement, Consultant shall notify Client in writing of the newly discovered conditions or circumstances, and Client and Consultant shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Consultant may terminate this Agreement and Consultant shall be paid for its services through the date of termination.
17. This Agreement, including Consultant’s Addenda and Schedule of Fees, represents the entire Agreement and understanding between the parties, and supersedes any and all agreements, either oral or in writing, including any purchase order, between the parties. Any modification to this Agreement will be effective only if it is in writing signed by the party to be bound. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition, or covenant.
18. The laws of the State of Texas shall govern interpretation of this Agreement. If any term of this Agreement is deemed unenforceable, the remainder of the Agreement shall stay in full force and effect. If services of an attorney are required by any party to secure performance under this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs.