1. Introduction
These Terms and Conditions (the "Agreement") govern the use of the excavation or other services provided by R&W Site Services LLC, a company registered in the state of Indiana, and set forth the obligations and responsibilities of both the client and R&W Site Services LLC. By signing our contract or using our services, you agree to comply with these terms.
2. Scope of Services
R&W Site Services LLC provides excavation and related services, including but not limited to:
Excavation for driveways, trenches, and foundations
Site grading and leveling
Demolition and debris removal
Soil and rock excavation
Custom excavation services based on client needs
The scope of each project will be clearly defined in the contract provided before any work begins. Any work outside the agreed-upon scope will incur additional fees, and any changes to the project will require mutual agreement in writing.
3. Pricing and Payment Terms
Our rates are fixed and non-negotiable, as they reflect the time, expertise, and dedication our team brings to each project. Our pricing is structured to remain competitive while reflecting the quality and value of our services.
Quotations: We will provide an estimate for services before work begins. The quote is based on the project scope, estimated labor, materials, and equipment costs.
Payment Schedule: A deposit of half of the total is required upon agreement of the quotation, with the remainder due within 14 days of project completion.
Payment Methods: Payments can be made by checks payable to R&W Site Services LLC, money order, or cash.
Material Costs: The price of material can not be guaranteed until the contract is signed. If the work will begin later than 30 days after the contract is signed the price of material may be subject to change again.
Late Payments: A late fee of $50 per day will be added to unpaid contracts after 14 days of project completion.
Warranty: Due to the amount of variables and unknowns after each project we cannot offer a guarantee. Once the final payment has been received a project is considered complete and satisfactory.
Refunds: Once a deposit or down payment is made for a contract or project, it is considered non refundable.
4. Client Responsibilities
Access to Site: The client must ensure the site is accessible and free of obstacles that may delay the work. R&W Site Services LLC is not responsible for any delays or costs associated with inaccessible sites.
Permits and Approvals: The client is responsible for obtaining any necessary permits, approvals, or licenses required for the excavation work. R&W Site Services LLC will assist, if requested, but the ultimate responsibility lies with the client.
Safety: The client must ensure that no unauthorized individuals are on-site during work hours for safety reasons.
Utilities: R&W Site Services LLC will call 811 prior to the start of any project unless specified in writing. The homeowner or project coordinator will be responsible for marking any private utilities within the scope of work to be performed.
5. Work Schedule and Delays
Start Date: We will begin work on the agreed-upon date, subject to weather conditions and availability of equipment. The agreed upon date will be documented by text or phone call.
Delays: While we will make every effort to meet the projected completion date, we are not liable for delays caused by weather, labor shortages, or other events beyond our control (e.g., utility issues, changes in project scope).
6. Insurance and Liability
R&W Site Services LLC maintains general liability insurance for excavation work, covering property damage and personal injury during the performance of services. However, the client must notify us of any existing damages or concerns before work begins, as we are not liable for pre-existing damage to the property or surrounding areas.
Damages: Any accidental damage to property caused by us will be covered, provided it was a result of our actions or equipment.
Indemnification: The client agrees to indemnify and hold harmless R&W Site Services LLC from any claims arising from issues outside our control, including but not limited to damages from unmarked underground utilities, existing structural issues, or other unforeseen problems.
7. Termination of Services
Either party may terminate the contract under the following circumstances:
By the Client: The client may terminate services with R&W Site Services LLC by providing written notice. A cancellation fee will apply if the work has already started.
By R&W Site Services LLC: We reserve the right to terminate services if the client violates any part of this agreement or fails to make payments as required.
8. Photographs
Photos will be taken before and after each project and kept on file with R&W Site Services LLC for 30 days after final payment. Any photos taken before, during, or after a project may be used on the company's website or social media at the company's discretion. R&W Site Services LLC will own all rights to any photos taken of any contracted project.
9. Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the issue through informal negotiations or mediation before pursuing legal action.
10. Force Majeure
R&W Site Services LLC will not be held liable for delays or non-performance due to unforeseen events beyond our control, including natural disasters, strikes, or government restrictions.
11. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the state of Indiana. Any disputes will be resolved in the appropriate courts located in Laporte County, Indiana.
12. Modifications to Terms
R&W Site Services LLC reserves the right to modify these Terms and Conditions at any time. Changes will be effective once posted on our website under the Terms and Conditions section or provided to the client in writing.
By signing a contract or proceeding with our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
Effective Date: 06/01/2025