Terms and Conditions

The following terms and conditions shall apply to any and all contracts entered into by and between D & E Short, LLC d/b/a Subsurface Solutions (“Subsurface Solutions”) and any Customer. Capitalized terms contained in these online terms and conditions shall have the same meaning as the same capitalized terms in any written contract between Subsurface Solutions and any customer. Any work performed by Subsurface Solutions’ for any customer is subject to these online terms and conditions and the Parties are bound to and agree to these online terms and conditions, which are hereby incorporated into any written document between the parties, and any invoices or estimates between the parties, by reference.

1. Ground Penetrating Radar means a 350MHz Hyperstacking GPR antenna, which is mounted in a stroller frame and rolls over the surface of the ground. The surface needs to be reasonably smooth and unobstructed in order to obtain readable scans. Obstructions such as curbs, landscaping, and vegetation will limit the feasibility of GPR. The data is displayed on a screen and marked in the field in real time. GPR works by sending pulses of energy into a material and recording the strength and the time required for the return of the reflected signal. Reflections are produced when the energy pulses enter into a material with different electrical properties from the material it left. The strength of the reflection is determined by the contrast in signal speed between the two materials. The total depth achieved can be as much as 8’ or more with this antenna but can vary widely depending on the conductivity of the materials. The patented hyperstacking antenna has the ability to improve depth penetration and resolution when compared with a traditional GPR antenna.
2. An Electro Magnetic Pipe Locater can detect the electromagnetic fields from live power or radio frequency signals. It can also be used in conjunction with a transmitter to connect directly to accessible, metallic pipes, risers, or tracer wires. A current is sent through the pipe or tracer wire at a specific frequency and the resulting EM field can then be detected by the receiver. The receiver is moved over the surface without coming in contact with the ground so it is not affected by terrain. Depths provided should always be treated as estimates as their accuracy can be affected by multiple factors. Depths achieved can be as much as 20’ depending on the type of signal being traced or methods used.
3. Customer acknowledges the following “Limitations” involved in the use of Ground Penetrating Radar (“GPR”) services in underground applications. GPR is an industry-recognized tool for detecting objects underground, however, site restrictions and environmental conditions can limit the accuracy and effective depth of GPR. For underground scanning, depth is completely dependent on the composition of soils in the area being surveyed. Customer acknowledges and agrees that some types of pipes are difficult to locate, such as clay or concrete pipes, and empty PVC type pipes. Given these factors, Subsurface Solutions CANNOT guarantee it will be able to locate ALL utilities on site.
4. Subsurface Solutions shall use commercially reasonable efforts in the performance of the Work at the Property.
5. Customer agrees that he/she has a duty to cooperate with Subsurface Solutions as needed for the purpose of completing the Work.
6. Payment of the Price, is due upon request by Subsurface Solutions. Failure to make any requested payment within 5 days of the request shall be grounds for Subsurface Solutions to halt work until the requested payment is made. Payments not made upon request shall be subject to interest charges in the amount of 18% per annum. Subsurface Solutions shall not be required to resume the Work until all late payments plus interest charges and any costs of collection, including but not limited to attorneys’ fees, are paid by Customer.
7. Customer agrees that in the event of non-payment, Subsurface Solutions shall be entitled to a construction lien as a laborer under Chapter 713, Florida Statutes, for any balance due to Subsurface Solutions.
8. For the purposes of this Agreement, the following shall constitute delays or causes for delay (collectively, “Delays”): inclement weather; natural disasters; disease; pandemic; epidemic; microsbursts, hurricanes and their attendant watches and warnings; tropical storms and their attendant watches and warnings; tornadoes and their attendant watches and warnings; floods and their attendant watches and warnings; strikes; civil unrest; war; terrorism; blackouts; fire; delays in common carriers; Customer acts, omissions, or negligence; insurance carrier acts, omissions, or negligence; other subcontractors/contractors/material suppliers, unavoidable casualties beyond Subsurface Solutions’s control, material shortages, and/or labor/subcontractor shortages. Subsurface Solutions shall not be responsible for any increased time or costs as a result of Delays.
9. In the event of a dispute arising from or relating to this Agreement, the prevailing party shall be entitled to an award of attorneys’ fees and costs. In the event Subsurface Solutions is required to file a lien against the Property, Subsurface Solutions is entitled to include as part of that lien its costs incurred in preparing and recording the lien.
10. Customer agrees to provide access to the Property for the performance of the Work and permit Subsurface Solutions to use any existing toilet facilities and utility services, without charge, as required to complete the Work.
11. Customer represents and warrants that it owns the Property, or that it is an agent of the property owner. Customer represents and warrants that it is authorized to hire Subsurface Solutions to perform the Work at the Property. In the event the Property is owned by a corporate entity, such as an LLC or corporation, or by a trust, Customer represents and warrants that it is acting as an agent on behalf of such entity, trust, or estate planning instrument, with the full authority and approval of such entity, trust, or estate planning instrument, such that Subsurface Solutions is and shall be deemed to be in contractual privity with the actual owner of the Property. Customer represents and warrants that it is authorized to enter into this Agreement and to agree to all of its terms and conditions on behalf of itself, and any spouses, representatives, trusts, or entities which are owners of or which otherwise hold an equitable interest in the Property.
12. This Contract contains all of the terms and conditions as agreed to by the Parties, and no other agreements, oral or otherwise, respecting the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. This Contract can only by modified by the Parties in writing, executed by both Parties. Emails, text messages, or oral representations by employees or subcontractors shall not be binding on the Parties. Customer agrees it has not relied upon any representations made by Subsurface Solutions or its employees or representatives in entering into this Agreement, except those expressly stated on the face of this Agreement.
13. Subsurface Solutions shall not be required to perform any work outside the Work absent a written and signed change order. Change orders are to be paid in full in advance of the completion of the change order, absent a contrary agreement between the Parties. In the event Subsurface Solutions performs extra work without a written change order, Subsurface Solutions shall still be entitled to recover the value of the extra work, as determined by Subsurface Solutions, from the Customer.
14. Under no circumstances shall Subsurface Solutions bear any liability or responsibility for any special, indirect, or consequential damages resulting from any claim arising from or relating to this Agreement or the performance of the Work, including, but not limited to, rental expenses, personal injury, damages to property, loss of use, loss of income, loss of profit, loss of financing, business or reputation damages, or loss of management or employee productivity.
15. Customer acknowledges and agrees that Subsurface Solutions cannot and has not made any guarantee or promise to Customer that it will or can locate any or all items below the surface of the ground at the Property, whether known to Customer to exist or not. Subsurface Solutions shall not be responsible for errors in equipment
16. EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE MAXIMUM EXTENT ALLOWED BY LAW, SUBSURFACE SOLUTIONS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY SUCH WARRANTIES IN CONNECTION WITH THE FURNISHING OF THE WORK UNDER THE TERMS OF THIS AGREEMENT.