Terms of service.
The client hereby acknowledges and agrees to utilize 811, the "Call Before You Dig" service, to identify all publicly owned utilities prior to commencing any excavation work.
The client further recognizes and accepts that any markings and locations provided by Rollins Utility Locating LLC serve as a supplementary tool for assistance only. The surveys and reports supplied by Rollins Utility Locating LLC are not intended as a primary guide. The client commits to exercising the same care in construction or excavation work as if Rollins Utility Locating LLC's services were not utilized. By signing above, the client attests to having read and understood the limitations associated with radiowave detection (RD) and acknowledges the potential inaccuracies related to the method.
Radiowave Detection (RD) has limitations, as it can only be applied to metal pipes, wires, cables, or plastic pipes with a tracer wire. Non-conductive objects such as plastic, concrete, or terracotta pipes cannot be located using conventional RD detection. Signal interference caused by objects that block or reflect the signal, as well as bleed onto nearby pipes or be affected by nearby masses of metal, may impact the accuracy of the locating equipment. Rollins Utility Locating LLC's provided locations and depths are based on the received signal, which may differ from the actual location of the emitting object. Limitations may arise due to factors such as the utility access point not being visible, utilities not being identified, absence from as-built records, or objects that cannot carry an RD signal due to material or disconnections.
Acoustic Location (AL) is employed to locate the peak sound from an underground pipe. The client acknowledges that subsurface conditions may cause the marked leak location to differ from the actual leak location when a layer exists between the leak and the surface, as in the case of water lines sleeved or in conduits.
The client assumes sole responsibility for executing any Excavation Work, employing qualified operators, and maintaining appropriate liability insurance and bonding. Rollins Utility Locating LLC shall not be liable for damages resulting from failure to locate underground services, and the client agrees to indemnify and hold harmless Rollins Utility Locating LLC against any liabilities, damages, losses, claims, suits, judgments, and expenses incurred.
The client agrees to indemnify, defend, and hold harmless Rollins Utility Locating LLC from any liabilities, damages, losses, claims, suits, judgments, and expenses resulting from the proper performance of services under this Agreement and any client actions or inactions.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ROLLINS UTILITY LOCATING LLC SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL, BUSINESS PROFITS, COMMERCIAL DAMAGES, OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING FROM NEGLIGENCE OR GROSS NEGLIGENCE.
It is expressly understood and agreed that each provision of this Agreement providing for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to be severable and independent.
ROLLINS UTILITY LOCATING LLC MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY IN CONNECTION WITH THIS AGREEMENT AND THE MATERIALS AND SERVICES PROVIDED.
This agreement reflects the fair bargaining positions of both parties, signed without duress, improper coercion, or undue influence.