TERMS AND CONDITIONS

The contract terms and conditions listed below are intended, together with the Proposal and Estimate, to constitute the entire contract between Bullseye Underground Utility Locating, LLC (“Bullseye”) and the client identified in the Proposal.

1. Change in Scope of Services: If, subsequent to the execution of this agreement, there is a change in the Scope of Services, either as ordered by the client or as necessitated by circumstances or authorities, there terms hereof will be amended by a writing that specifically describes the change and the agreed-upon change in compensation to Bullseye. Unless and until such a written amendment is executed, neither party shall be bound by and purported changes to this agreement.
2. Provision of Site Access and Related Data: Client will provide Bullseye with all necessary access to the site so that Bullseye can complete the project in a timely manner. Client will also mark locations for explorations that are suitably accurate for the purposes of the project. To aid in interpretation of data collected in the exploratory work proposed, client agrees to provide Bullseye with copies of prior, current, or after-the-fact data and information related to the project as it becomes available to the client.
3. Reimbursable Expenses, Subcontractors, Payment of Fees: Reimbursable expenses are those costs incurred by Bullseye, i.e, the fees and expenses subcontractors, costs of all supplies, materials, and services needed to meet the requirements of the services of this proposal. Payment for all such reimbursable expense are the obligation of the Client
4. Client's Responsibility to Notify of Hazards: It is the client's responsibility to advise of any known hazards or hazardous substances or any known conditions on or near the site that may present a potential danger to human health or to the environment. Bullseye is not responsible for claims or losses that result from the client’s failure to give such notice.
5. Termination Provision: This agreement may be terminated by either party upon five (5) days written notice. Bullseye shall be paid for services completed up to the time of termination.
6. Payment and Terms: Payment is required at time of service. If Bullseye issues an invoice, Bullseye will issue invoices not more frequently than monthly. Payment of the amount invoiced is due within 10 calendar days of the invoice day. If payment is not made within 30 calendar days of the invoice date, the amounts due will include an interest assessment at the rate of 1-1/2% per month on the balance outstanding, commencing on the due date. If client fails to make payment when due, Bullseye may, upon seven calendar day’s written notice to client, suspend its performance of services under this agreement. The client agrees to pay for all reasonable collection costs including, but not limited to: attorney's fees, court costs and interest on overdue invoices.
   Responsible Party: The client, as the responsible party, agrees to compensate Bullseye at the standard or agreed rate for providing the professional services, as described in the proposal.
7. Delays: Bullseye is not responsible for delays in the performance of the agreement due to inclement weather, illness, failure of equipment, unanticipated degree of difficulty encountered in performing said services, or delay created within or by approving agencies. Neither will Bullseye be responsible for delays due to changes in conditions on the site or on property adjacent to the site that would adversely impact work conditions requiring delays or additional services.
8. Warranty and Limits of Liability; Waiver of Consequential Damages: All professional services provided by Bullseye will be performed in accordance with generally accepted engineering, surveying and related professional services principles and practices but, otherwise, Bullseye makes no express or implied guarantees, representations or warranties as to the quality, fitness, merchantability, suitability of the services rendered under this Agreement. Further, the liability of Bullseye is hereby limited to the cost of the services performed. Further, each party waives its right to seek consequential, special and any other type of indirect damages related to the project. Even when exercising extreme caution by utilizing all of our expertise and the techniques and technology described in this Agreement, it is impossible for Bullseye to guarantee with 100% certainty the exact location of underground utilities that are the subject of this Agreement and whether there are any other non-metallic utilities, equipment, pipes or other items not related to utilities which are not detectable by our techniques and technology. Because of these limitations, Client agrees that Bullseye will not have any liability to Client beyond the cost of Bullseye’s services set forth on page one (1) for any property damage, personal injuries or death (“Damages”) that in any way are caused by, relate to or derive from Bullseye’s failure to locate (or failure to accurately locate) anything under the ground that is the subject of this Agreement unless such failure is caused by the gross negligence or willful misconduct of Bullseye. Said limitation of liability includes, but is not limited to, any Damages that result from or are caused by subsequent drilling, excavation, boring or digging that is performed in reliance on the locating services provided by Bullseye hereunder.
9. Indemnification: Client agrees to indemnify, defend, release and hold Bullseye, and its employees, agents and subcontractors free and harmless with respect to all damages, claims, causes of action and otherwise with respect to any personal injury or property damage that may arise out of, or in relation to, the performance of the services hereunder or in connection with the project for which the services are being performed. Such indemnification will be irrespective of any actions, or failure to act, b y or on behalf of Bullseye and will include all costs and expenses, including attorney’s fees, incurred in the investigation, defense, settlement or payment of such claim.
10. Time Limitation: This agreement is null and void unless executed by the client and returned to this office within 21 days of issuance.
11. Massachusetts Contract: This agreement once signed and accepted by client and Bullseye shall be construed under and in accordance with the law of the Commonwealth of Massachusetts
12. Additional Documents: To the extent that you provide us with a proposal, additional contract or any other governing document, and any language contained within such document(s) that you provided conflicts with any of the provisions contained in this document, then the language within this document shall govern and prevail.