Terms & Conditions

Access to Site

The Client will provide access to the site for activities necessary for the performance
of the services. The Land Surveying Company, LLC. (TLSC) will take precautions to minimize damage caused by these activities but has not included in the fee the cost of restoration of any resulting damage.

Refunds
In the rare case that we are not able to locate any pins, you will be refunded any deposit less any cost for research and field work already provided.

Fee
The total fee, except when stated otherwise, shall be understood to be the estimated price, based upon the Scope of Services. Any additional work performed outside the listed Scope of Services in the Professional Service Contract will be charged in at the
most recent hourly rate for a two-man crew or Professional Surveyor, whichever is higher. In the event that the fee arrangement is to be on an hourly basis, the rates shall be in accordance with our latest fee schedule. Reimbursable expenses, if any, will be billed to the Client at actual cost plus 10 percent.

Lien Rights: We reserve the right to place a mechanics and material lien on the above for failure to pay. It is the Client’s responsibility to pay the associated fees for the costs of filing the lien and the lien release.

Return Check Fees: There will be a $35.00 charge for all returned checks.

Billings/ Payments
Invoices for services will be submitted monthly or when the project is complete. Payment is DUE IN FULL upon completion of services and shall be past due if not paid within 15 days of the invoice date. A one-time late fee in the amount of 8 percent of the total unpaid balance will be added to the bill if the client doesn’t pay the invoice within 15 days of the invoice. If the Client fails to make payment when due, the client agrees to pay a finance charge of 5% per month on the total outstanding principal amount and accumulated interest. Client also agrees to pay
15% of the principal amount owed as attorney fees. The client further agrees that all such collection costs shall be payable to TLSC by its client. Collections costs shall include, without limitation, legal fees, collection fees and expenses, court costs and reasonable TLSC costs at standard billing rates for TLSC’s time spent in collection efforts. If the Client fails to make payment when due or is in breach of this agreement, TLSC may suspend performance of services upon ten (10) calendar days’ notice to the Client. TLSC shall have no liability whatsoever to the Client for any costs or damages as a result of suspension caused by any breach of this Agreement by the Client. Upon payment in full of all amounts then outstanding by the Client, TLSC shall resume services and the time schedule and compensation shall be adjusted to compensate for the period of suspension plus any other reasonable time and expense for TLSC to resume performance. Retainers shall be credited on the final
invoice. If the Client fails to make payment to TLSC in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination of this agreement by TLSC.

Please Note:
1. We do not schedule crews until the retainer is paid.
2. We do not set new property corners or issue a final plat until the invoice is paid in
full.
3. Weather conditions may affect how much our progress and/or scheduling.
4.This task DOES NOT include dividing property, locating underground utilities, coordinating delivery to the county or governing body nor does this task include boundary disputes.
Indemnifications The Client agrees, to the fullest extent permitted by law, to indemnify and hold TLSC harmless from any damage, liability or cost (including reasonable attorney’s fees and
costs of defense) to the extent caused by the Client’s negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants, or anyone for whom the Client is legally liable, and arising from the project that is the subject of this agreement.

Risk Allocation
In recognition of the relative risks, rewards, and benefits of the project to both the Client and TLSC, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, to limit the liability of TLSC to the Client, for any and
all claims, losses, expenses, damages of any nature whatsoever, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of TLSC to the Client shall not exceed $50,000, or TLSC’s total fee, whichever is greater. It is intended that this
limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

Termination of Services
Either party may terminate this agreement for cause upon giving to the other party not less than seven (7) calendar days’ written notice for: substantial failure by the other party; assignment of this agreement or transfer of the project to any other entity
without prior written consent, suspension of the project by the Client for more than ninety (90) days, or material changes in condition that necessitate such changes. In the event of termination, the Client shall pay TLSC within 15 days for all services rendered to date of termination, all reimbursable expenses, and reimbursable termination expenses.
Ownership of Services, Files and Work Product
All reports, drawings, specifications, computer files, field data, notes, all point information, control file, RAW file, other documents, and instruments prepared by TLSC as instruments of services shall remain property of TLSC. TLSC shall retain
all common law, statutory and other reserved rights, including the copyright thereto.

Applicable Law

Unless otherwise specified, this agreement shall be governed by the laws of the State of Georgia or the state wherein the work was performed.

Claims and Disputes
In an effort to resolve conflicts that arise during design or construction of the Project or following completion, the Client and TLSC agree that all disputes in excess of $5000, arising out of or relating to this agreement or the Project shall first be submitted to non-binding mediation unless the parties mutually agree otherwise. Disputes under $15000 shall be decided by Magistrate Court of FLOYD County or the county wherein the work was performed.

Pollution Exclusion
Client represents and warrants that the site is free from hazardous or toxic materials as defined in 40CFR355. Both parties acknowledge that TLSC’s scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event TLSC or any other party encounters any hazardous or toxic materials, or should it become known to TLSC that such materials may be present on or about the job site that may affect the performance of TLSC’s services, TLSC
may, as its option and without liability for consequences or any other damages, suspend performance of the services under this agreement until the Client has abated the materials and the job site is in full compliance with all applicable laws and regulations.

Additional Services
Additional services are those services not specifically included in the Scope of Services stated in this Agreement and additional boundary resolution including field work, office research, client coordination, courtroom testimony, additional tract location for boundary resolution in the event that the subject tract doesn’t have sufficient property corner monumentation, etc. TLSC will notify the Client immediately of any significant change in scope that will be considered additional services. The Client agrees to pay TLSC for any additional services in accordance with the current fee schedule. The basic breakdown of which is as follows:

2 Man Survey Crew = $165/hour
1 Man Survey Crew = $120/hour
Project Manager (LSIT) = $130/hour
Professional Surveyor = $250/hour

Survey Copies
TLSC will assess further fees in the event that more copies than those stipulated in this agreement are requested. The rate per copy above the customary 2 copies included is $25 dollars per copy of plats requested in the normal time frame. Copies of plats requested for express same day service will accrue fees of $75 per copy and will be shipped overnight via major shipping providers or delivered within 50 mile radius of our home office. Shipping fees are included.

Disturbance Exclusion
It is understood that TLSC shall not be held liable or responsible if the performance of the services described in the scope of services is delayed due to: Acts of God, inclement weather conditions, floods, fires, acts of government, epidemics, significant interference by neighbors, relatives or other interfering parties. It is also understood that TLSC will not be held responsible for additional fees accrued due to additional time incurred due to insufficient evidence, interference by any third person party, erroneous information on deeds, pocket deeds, plats, or other legally tendered documentation.