Septic Service Agreement

This Septic Service Agreement, the estimate identified above, approved plans or permit specifications, and each written change order are the entire agreement between Richard's Septic Tank Services LLC ("Company") and the customer identified above ("Customer"). The Agreement becomes binding when Customer signs or electronically accepts it and Company accepts the project, subject to any cancellation right that cannot legally be waived. If documents conflict, the latest signed change order controls, followed by specific terms in the estimate, this Agreement, and then plans or specifications.

Company will perform only the labor and furnish only the materials specifically described in the estimate. Unless the estimate states otherwise, it is valid for 30 days and is based on the conditions, measurements, records, photographs, permits, and access visible or disclosed when it was prepared. Quantities, depths, disposal volumes, and allowances are estimates; unit-priced or allowance items will be adjusted to actual authorized quantities.

Not included unless listed. Engineering, soil evaluation, surveying, permit or inspection fees, utility relocation, dewatering, rock removal, contaminated material handling, extra tanks or compartments, locating or exposing buried lids, premium disposal charges, electrical or plumbing work, pavement, final landscaping, seed, sod, and restoration beyond rough grading are excluded unless the estimate expressly includes them.

Scheduling begins after any required deposit, permit, design, utility markings, and site approvals are received. Dates and arrival windows are good-faith estimates, not guarantees. Weather, emergencies, road conditions, disposal-facility availability, material supply, inspections, and unsafe ground conditions may require rescheduling without breach. Customer will provide safe, lawful access for workers, pump trucks, trailers, and excavation equipment; unlock gates; remove obstructing vehicles; secure children and animals; and identify load-limited drives, bridges, tanks, drainfields, soft ground, and other areas that should not carry equipment. If the crew cannot safely perform the scheduled work because access or site readiness is inadequate, Company may charge the dispatch, standby, or return-trip amount disclosed in the estimate, or its reasonable actual mobilization cost if no amount is stated.

Customer represents that Customer owns the property or is authorized by the owner to approve the work. Customer will:

• Provide accurate information about property lines, easements, septic location and history, prior backups or repairs, permits, and known defects or hazards.
• Disclose chemicals, fuel, oil, industrial waste, medical waste, excessive grease, or any material other than ordinary domestic septage that may be present.
• Follow instructions to stop or limit water use and promptly take reasonable steps to prevent or reduce a sewage backup or property damage.
• Provide reasonable access to water and electricity when the estimate requires them and keep the work area clear during service.

Company will use the public utility-locate process when legally required. Customer must accurately identify and mark private utilities and improvements not covered by that process, including private electric or gas lines, propane lines, water lines, sewer laterals, sprinklers, invisible fencing, low-voltage wiring, wells, drains, and owner-installed systems. Except to the extent caused by Company's negligence, Company is not responsible for damage to an undisclosed or incorrectly marked private item.

Pumping price assumes the tank, lid, access, hose distance, contents, and disposal needs described in the estimate. Additional tanks or compartments, buried or inaccessible lids, frozen or compacted cover, unusual solids or grease, non-domestic contents, damaged lids or risers, excessive hose distance, and a return trip require Customer approval and may result in an additional charge. A pump-out removes accessible contents; it does not repair piping, restore a failed drainfield, guarantee that a backup will not recur, or certify the capacity, code compliance, remaining life, or future performance of the system. An inspection is limited to the components and conditions reasonably accessible at the time and is not a warranty against concealed or later-developing defects. Company may refuse or suspend service if the contents appear hazardous, prohibited, or inconsistent with the information provided.

Old, corroded, cracked, saturated, structurally unsound, or improperly installed tanks, lids, baffles, risers, piping, pumps, wiring, and drainfields can fail during ordinary access, pumping, testing, or pressure changes. Company will use reasonable care and will report observed concerns, but pre-existing deterioration and latent defects are not caused by the service merely because they become visible during the work.

Permits and approved designs govern the work. Customer is responsible for obtaining and paying for permits, soil evaluations, surveys, and engineering unless the estimate assigns a specific item to Company. Company may assist with filings or agency coordination but cannot guarantee approval. A health department, inspector, engineer, or other authority may require a design or scope change; the resulting work and cost will be handled through a written change order. Excavation will disturb soil, turf, gravel, drives, and landscaping and may create ruts or compaction inherent in the approved work and necessary equipment access. Unless expressly included, Company will leave the area at rough grade; imported topsoil, final grading, settlement correction, seed, sod, irrigation repair, pavement, decorative landscaping, and erosion maintenance are excluded. Normal settlement and seasonal soil movement are expected after backfill.

Hidden tanks, abandoned systems, undocumented utilities, buried debris, groundwater, unstable or unsuitable soil, rock, contamination, incorrect property information, and other concealed conditions may change the method, time, materials, or price. Company will stop affected work when practical, explain the condition, and obtain authorization before additional non-emergency work.

A change in scope, price, material, or schedule must be documented in a written or electronic change order approved by Customer and Company. Customer authorizes the signer and any person Customer identifies as the on-site representative to approve changes. If, after work begins, immediate action is reasonably necessary to protect health, safety, the property, or the open work from imminent damage, Company may perform the minimum protective work and promptly document the reason and charge. No change waives Customer's nonwaivable legal rights.

Customer will pay the deposit and any progress payments shown in the estimate. Unless the estimate states otherwise, the remaining balance is due when the described service is complete or the project is substantially complete and usable for its intended purpose. Minor corrective or punch-list work does not postpone payment of the undisputed balance. Customer must identify any disputed charge in writing and timely pay all undisputed amounts. Amounts unpaid more than 15 days after the due date may accrue a service charge at the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs and returned-payment charges to the extent permitted by law. A card or financing fee applies only if disclosed before payment. Company may suspend work for nonpayment after reasonable notice, and Customer remains responsible for completed work, ordered materials, permit costs, and reasonable demobilization or protection costs.

For work that is an improvement to real property, Company and persons supplying labor or materials may have construction-lien rights under Michigan law. Company will provide sworn statements and lien waivers when required. Customer should keep payment records and should not require an advance waiver of lien rights. Nothing in this Agreement creates a lien where the law does not allow one.

Any statutory cancellation right controls over this section. After a statutory period expires, or when no statutory right applies, Customer may cancel before completion by written notice and will pay for authorized work performed, permit and design costs, restocking or nonreturnable materials, special orders, and reasonable mobilization, protection, and demobilization costs incurred through cancellation. Company may suspend or terminate work for unsafe conditions, unlawful waste, lack of required access or approvals, material Customer misrepresentation, or uncured payment default.

Company will notify Customer when the service is complete or the project is substantially complete. Customer should promptly review visible work and report a specific concern in writing within 5 business days. This review period does not waive a latent-defect claim, an express warranty, or any right that cannot legally be waived. Customer will provide Company a reasonable opportunity to inspect and, when Company is responsible, correct the work before hiring another contractor, except in a genuine emergency.

Company warrants that its labor will be performed in a workmanlike manner. Any warranty stated in the estimate or a separate written warranty controls. If the estimate is silent, Company provides a 1-year workmanship warranty on Company-installed septic systems and a 90-day workmanship warranty on Company-performed repairs. Pumping, cleaning, diagnostic, and inspection services do not guarantee future system operation, but Company will investigate a claimed service omission reported within 7 days after service. Manufacturer warranties, if any, are passed through to Customer. Warranties exclude ordinary wear; pre-existing or concealed conditions; misuse; excessive hydraulic or waste loading; prohibited materials; freezing; roots; groundwater; flooding; soil movement or settlement; utility failure; owner-supplied materials; work by others; lack of maintenance; changes required by an authority after completion; and failure to follow written operating instructions. Company's warranty obligation is to correct its covered workmanship or replace the covered Company-supplied item, as appropriate, subject to rights that cannot be limited by law.

Company will use reasonable care. Except to the extent caused by Company's negligence or willful misconduct, Company is not responsible for pre-existing damage, concealed conditions, inaccurate information supplied by Customer or others, damage to unmarked private utilities, ordinary excavation disturbance, or the failure of a component outside the contracted scope. Customer must promptly stop system use when instructed and take reasonable steps to limit a backup or other damage. To the fullest extent permitted by law, neither party is liable to the other for special, incidental, indirect, punitive, or consequential damages, including lost profits or business interruption. This limitation does not exclude liability that Michigan law does not permit the parties to limit.

Before filing a lawsuit, a party will give written notice describing the dispute and allow at least 10 business days for investigation and a good-faith effort to resolve it, unless emergency relief or a legal filing deadline requires faster action. The parties may agree to mediation. Michigan law governs. Venue will lie in a court of competent jurisdiction in the county where the service property is located, unless applicable law requires another forum. If a provision is unenforceable, it will be limited or removed without affecting the remainder. A waiver must be in writing and applies only to that instance. Customer may not assign the Agreement without Company's written consent, except to a purchaser who assumes it in writing. Electronic signatures, electronic approvals, and counterparts are effective. No oral promise changes this Agreement.

Company will remove, transport, and dispose of domestic septage in accordance with applicable Michigan EGLE Part 117 requirements and lawful receiving or disposal authorizations. Company may document the origin, type, and estimated volume of material and may decline material it is not authorized or equipped to handle. Michigan licensing disclosure. A residential builder or a residential maintenance and alteration contractor is required to be licensed under Article 24 of the Michigan Occupational Code, 1980 PA 299, MCL 339.2401 to 339.2412. An electrician is required to be licensed under Article 7 of the Skilled Trades Regulation Act, MCL 339.5701 to 339.5739. A plumbing contractor is required to be licensed under Article 11 of that act, MCL 339.6101 to 339.6133. A mechanical contractor is required to be licensed under Article 8 of that act, MCL 339.5801 to 339.5819. If Company is required to be licensed for the contracted improvement, the applicable license information must be completed above. No installment financing is created by this Agreement unless Customer and Company sign a separate financing agreement. A financed home-improvement transaction may require additional disclosures and cancellation rights; any applicable separate financing documents control those financing terms.

Customer confirms that Customer received and reviewed the complete estimate and this Agreement, had an opportunity to ask questions, is authorized to approve the work at the service property, and agrees to the contract documents. Customer authorizes Company to perform the work described in the estimate, including lawful access to the property and septic system.