Contract and Terms & Conditions

A 50% deposit is required for all projects unless otherwise agreed to in writing by Contractor.

The deposit reserves the Customer's project on Contractor's schedule and allows Contractor to commit labor, equipment, materials, and scheduling capacity to the project.

A project is not considered scheduled until the required deposit has been received.

Once a project has been scheduled, the deposit is non-refundable, except if Contractor cancels the project and is unable to reasonably reschedule the work.

The Customer acknowledges that Contractor may decline, postpone, or schedule other work around the Customer's reserved project dates and that cancellation can result in lost revenue and scheduling opportunities.

The remaining project balance is due in full immediately upon completion of the contracted work, unless different payment terms have been agreed to in writing before work begins.

Accepted payment methods are: Cash, Check, Venmo.

Minor punch-list items that do not materially prevent the Customer from receiving the benefit of the completed project do not delay the payment due date.

As a courtesy, Contractor provides a 14-calendar-day grace period following completion of the project before finance charges begin. This grace period does not change the requirement that payment is due upon completion.

Any balance remaining unpaid more than 14 calendar days after project completion will be considered past due.

Beginning on the 15th calendar day following project completion, past-due balances may accrue a finance charge of 1.5% per month (18% annually), or the maximum amount permitted by applicable law, whichever is less, calculated on the unpaid balance.

The Customer agrees to be responsible for reasonable collection costs, court costs, filing fees, collection agency fees, and reasonable attorney fees incurred in collecting past-due amounts, to the extent permitted by applicable law.

Contractor reserves the right to decline future work for any Customer with an outstanding balance.

Returned or dishonored checks or payments may be subject to bank charges and other reasonable fees permitted by applicable law.

Any returned payment does not satisfy the Customer's payment obligation, and the outstanding balance remains immediately due.

Estimates and proposals are based upon information provided by the Customer and conditions visible or reasonably known at the time the estimate is prepared.

Only the labor, equipment, materials, hauling, disposal, and services specifically identified in the written estimate or proposal are included in the quoted project price.

Any service, material, task, or work not specifically included in the written scope is considered additional work and may result in additional charges.

The Customer is responsible for carefully reviewing the estimate or proposal before accepting it or paying the deposit.

The Customer must confirm that the written scope accurately describes the work they expect Contractor to perform.

Items discussed, assumed, expected, or verbally mentioned but not included in the written scope of work should not be considered included in the project price.

Any requested additions or corrections should be made before the project is approved.

Changes requested by the Customer after the project has been approved may result in additional charges.

Additional charges may include labor, equipment time, materials, trucking, mobilization, hauling, disposal fees, subcontractors, or other expenses associated with the requested work.

Whenever reasonably practical, Contractor will notify the Customer of significant additional costs before proceeding.

Customer approval of additional work may be provided by signature, email, text message, electronic communication, or verbal authorization.

Approved additional work becomes part of the project and is payable with the final project balance unless otherwise agreed.

Land clearing, forestry mulching, brush mowing, grading, excavation, driveway construction or improvement, tree work, material handling, and similar services may uncover conditions that could not reasonably be identified before work began. Examples include:

• Buried concrete or foundations
• Rocks or buried objects
• Construction debris or trash
• Hidden stumps and root systems
• Soft or unstable soil
• Excessive groundwater
• Drainage problems
• Underground utilities
• Septic tanks or septic systems
• Drain tile
• Irrigation systems
• Private electrical, gas, water, communication, or other underground lines

Work necessary because of unknown or concealed conditions is not included in the original project price unless specifically stated otherwise.

The Customer is responsible for informing Contractor of all known underground utilities, systems, and improvements located within or near the work area.

• Septic systems
• Drain tile
• Irrigation
• Invisible fencing
• Private electrical lines
• Private water lines
• Propane or gas lines
• Communication lines
• Other privately installed underground systems

The Customer is specifically responsible for identifying and marking privately installed items that may not be identified through public utility locating services, including:

Contractor is not responsible for damage to underground items that were not properly identified, marked, or disclosed before work began, except to the extent liability cannot legally be waived.

The Customer is responsible for providing Contractor with reasonable and safe access to the project area.

Access must reasonably accommodate Contractor's trucks, trailers, heavy equipment, employees, subcontractors, suppliers, and material deliveries.

The Customer represents that they own the property or otherwise have authority to authorize Contractor to enter the property and perform the contracted work.

The Customer understands that heavy equipment may cause normal and unavoidable disturbance to the property. Depending upon soil, terrain, weather, and project conditions, this may include:

• Track or tire marks
• Ruts
• Disturbed grass
• Mud
• Soil compaction
• Minor grading changes
• Disturbance near equipment access routes

Unless restoration is specifically included in the written scope of work, Contractor is not responsible for restoring normal property disturbance resulting from the reasonable operation of equipment necessary to complete the project.

Quantities of stone, gravel, dirt, recycled asphalt, topsoil, mulch, or other bulk materials stated in an estimate are estimates unless specifically identified as fixed quantities.

Actual site conditions may require more or less material than originally estimated.

If additional material is reasonably necessary to perform work requested by the Customer, the additional material, delivery, hauling, labor, and equipment costs may be charged separately following Customer authorization.

Project start and completion dates are estimates unless Contractor specifically guarantees a date in writing. Scheduling may be affected by circumstances including:

• Rain or severe weather
• Wet or unsuitable ground conditions
• Equipment breakdowns
• Material availability
• Supplier delays
• Project changes
• Previous projects taking longer than expected
• Emergencies
• Circumstances reasonably outside Contractor's control

Contractor will make reasonable efforts to maintain the scheduled project timeline but is not responsible for reasonable delays caused by these circumstances.

If the Customer cancels a project after the deposit has been paid and the project has been placed on Contractor's schedule, the 50% deposit is non-refundable.

The Customer acknowledges that the deposit helps compensate Contractor for reserved scheduling capacity, administrative costs, mobilization commitments, materials ordered, preparation, and other work opportunities Contractor may have declined.

If costs already incurred by Contractor exceed the amount of the deposit, the Customer may be responsible for those additional authorized or non-cancellable project-specific costs to the extent permitted by law.

Customer requests to reschedule a project will be accommodated when reasonably possible but are subject to Contractor's existing schedule, weather, and availability.

Repeated or last-minute rescheduling may result in the project being moved to the next available opening.

If the Customer directs Contractor to stop work after the project has begun, payment is immediately due for work completed, materials purchased or committed, mobilization, equipment time, hauling, subcontractor expenses, and other project costs incurred through the date work is stopped.

Any subsequent return to the property may be subject to additional mobilization, labor, equipment, and scheduling charges.

Contractor reserves the right to suspend or stop work when:

• Unsafe conditions exist
• Required payments have not been made
• Property access is unavailable
• The Customer requests work outside the agreed scope without approving additional costs
• Unknown conditions make continued work unsafe or unreasonable
• The Customer, another contractor, or another party interferes with Contractor's ability to safely perform the work

Work may resume when the issue has been reasonably resolved.

Project pricing may account for mobilizing trucks, trailers, equipment, attachments, and personnel to and from the project.

If Contractor must make additional trips because of Customer-requested changes, unavailable access, work stoppages, or circumstances within the Customer's reasonable control, additional mobilization charges may apply.

Contractor may photograph or record the project site before, during, and after work for project documentation, quality control, and business records.

Unless the Customer requests otherwise in writing before work begins, project photographs and videos may also be used for Contractor's portfolio, website, social media, advertising, or other marketing purposes.

Contractor will make reasonable efforts not to disclose private personal information in marketing materials.

The Customer agrees to contact Contractor and make a reasonable effort to resolve any legitimate billing or project dispute directly before initiating a payment dispute or chargeback.

Initiating a payment dispute does not eliminate amounts legitimately owed under the agreement.

Contractor reserves all rights to provide estimates, invoices, photographs, communications, approvals, and other project documentation when responding to a disputed payment.

If an account remains unpaid, Contractor reserves all collection and legal remedies available under applicable law.

These remedies may include collection proceedings and, when applicable, rights provided under Ohio's mechanic's lien laws.

Nothing in these Terms & Conditions is intended to waive any legal right or remedy available to Buckeye Land & Property Management LLC.

Contractor is not responsible for pre-existing damage, defects, drainage problems, unstable soil, improperly installed improvements, diseased or damaged trees, hidden defects, or other conditions that existed before Contractor began work.

The accepted estimate or proposal, these Terms & Conditions, and any subsequently authorized changes constitute the agreement between Contractor and Customer regarding the project.

Any material modification must be agreed to by Contractor and Customer.

These Terms & Conditions and the associated project agreement shall be governed by the laws of the State of Ohio.

If any provision of these Terms & Conditions is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the extent permitted by law.