Terms and Conditions

1. Scope of Work

2631247 Alberta LTD ("Foothills Septic") will perform services including septic system installation, repair, pumping, excavation, or related work as agreed upon between Foothills Septic and the Client, whether confirmed through a written proposal, estimate, invoice, work order, electronic communication, or verbal agreement made in person or by telephone. All services are provided on a best-effort basis and in accordance with industry standards and applicable regulations.

2. Property Damage Disclaimer

The Client acknowledges that septic work involves the use of heavy equipment, excavation, and disturbance of surrounding terrain. Foothills Septic shall not be held liable for damage to lawns, driveways, landscaping, trees, underground utilities, fencing, or other property features caused by necessary access or normal work activities, except in cases of gross negligence.

Unless expressly stated otherwise in the written scope of work:

• all excess excavated material, spoil, and displaced soils shall remain on the Client’s property within 50 feet of the excavation area
• Foothills Septic is not responsible for hauling, exporting, or disposing of excavated materials

Any requested removal of materials will be billed at Foothills Septic’s standard rates. Similarly, any leftover aggregates, gravel, sand, or imported materials delivered to complete the work shall remain on site unless the scope explicitly provides for their removal. Ownership of such materials transfers to the Client once delivered or placed on the property. Grading, spreading, or relocation of materials is not included unless explicitly stated in the scope of work.

3. Pre-existing & Unforeseen Conditions

Foothills Septic is not liable for issues or damage arising from pre-existing site conditions including but not limited to:

• unstable or unsuitable soils
• buried debris or structures
• previously disturbed or backfilled areas
• undocumented drainage conditions
• unmarked private utilities

4. Marking of Utilities

The Client is solely responsible for accurately identifying and marking all private utilities, septic tanks, lines, irrigation systems, electrical lines, and other underground installations located on the property. Foothills Septic is not responsible for damage to unmarked or inaccurately marked utilities or installations.

5. Work Performed at Client Direction

Where the Client provides specific directions that alter or override the recommended scope of work, the Client assumes responsibility for any resulting damage, limitations, or suboptimal outcomes.

6. Third Parties and Site Interference

Foothills Septic is not responsible for delays, damage, or complications caused by contractors, trades, or individuals not under the direct control of Foothills Septic.

7. Indirect or Consequential Damages

Foothills Septic shall not be liable for indirect, incidental, or consequential damages including but not limited to:

• loss of use
• business interruption
• lost profits
• reduction in property value

8. Force Majeure

Foothills Septic shall not be liable for delays or failure to perform caused by events beyond its reasonable control including but not limited to:

• severe weather
• flooding
• fire
• labor disputes
• equipment failure
• government actions

9. Indemnity

The Client agrees to indemnify and hold harmless Foothills Septic from any claims, damages, or liabilities arising from the services performed, except where caused by gross negligence or willful misconduct.

10. Subsurface Conditions

All quotes and estimates provided by Foothills Septic expressly exclude unknown or concealed subsurface conditions including but not limited to:

• bedrock
• large rocks or boulders
• underground formations
• buried debris or structures
• groundwater or water inflows
• saturated, unstable, or organic soils

If such conditions are encountered during excavation:

• additional charges may apply
• the scope of work may need to be revised
• Foothills Septic may suspend or terminate work if conditions make the project unsafe or impractical

Foothills Septic will make reasonable efforts to notify the Client upon encountering such conditions. Foothills Septic does not warrant soil stability where such subsurface conditions exist.

11. Limitation of Liability

In no event shall the total cumulative liability of Foothills Septic exceed the total value of the original agreed-upon scope of work or the amount paid by the Client for such work, whichever is less. This limitation applies regardless of the legal theory under which liability is claimed.

12. Winter Conditions, Snow Removal & Frost Limitations

The Client acknowledges that work performed during winter conditions involving frost, snow, frozen ground, or thawing soils presents unique limitations.

a. Client Responsibility for Access: The Client must ensure safe and adequate access to the work area including snow removal and clearing of obstacles. Foothills Septic is not responsible for delays, damage, or additional costs caused by inadequate access.

b. Winter Excavation Limitations: Frozen or thawing soils may prevent proper grading or compaction and may result in uneven surfaces or disturbed soil conditions.

c. Deferred Restoration: Final grading, cleanup, or landscaping restoration may not be possible during winter work and may need to occur after spring thaw. Unless otherwise agreed in writing, such work is not included in the original scope.

d. Spring Settlement: Settlement of excavated or backfilled areas following thaw is normal and expected where work occurs during winter conditions and does not indicate defective installation.

13. Deposit (Non-Refundable)

To secure scheduling, equipment allocation, and project planning commitments, the Client may be required to pay a deposit. The Deposit is non-refundable if the Client cancels, postpones, or modifies the project. The Client acknowledges and agrees that the Deposit constitutes earnest money and a genuine pre-estimate of Foothills Septic’s costs and losses, including administrative preparation, labour and equipment allocation, and the loss of opportunity to schedule other work. The Deposit is not a penalty, but compensation for Foothills Septic reserving capacity and committing resources upon acceptance of the project.

If Foothills Septic cancels the project for reasons unrelated to the Client, the Deposit will be refunded minus reasonable costs incurred.

14. Soil Settlement & Backfill Conditions

Excavation, trenching, and backfilling disturb existing soils. Even when proper installation practices are used, natural settlement of backfilled areas may occur over time. Settlement may be more likely where conditions include:

• groundwater or wet soils
• winter installation conditions
• previously disturbed soils
• organic soils
• seasonal thaw and consolidation

Foothills Septic does not guarantee against settlement of disturbed or backfilled areas including but not limited to:

• septic tanks
• pump chambers
• piping trenches
• distribution systems
• equipment access routes

Minor settlement around septic tanks and piping trenches is normal and does not indicate defective installation. Settlement of soils surrounding septic tanks may occur for several seasons following installation due to natural soil consolidation. Any regrading, additional fill placement, compaction, or restoration required due to settlement occurring after completion of the work shall be considered additional work and billed at Foothills Septic’s standard rates unless otherwise agreed in writing.

15. Right to Inspect and Remedy

If the Client believes any portion of the work performed by Foothills Septic is defective or unsatisfactory, the Client must provide written notice and allow Foothills Septic a reasonable opportunity to inspect the work and perform corrective work where appropriate.

The Client shall not engage third parties to perform repairs or modifications related to Foothills Septic’s work without first providing Foothills Septic the opportunity to inspect and remedy the issue.

Foothills Septic shall not be responsible for costs incurred from unauthorized third-party work.

16. Client Disclosure of Site Conditions

The Client represents that they have disclosed all known site conditions that may affect the work including but not limited to:

• known groundwater or wet areas
• previous septic system problems
• buried debris or structures
• drainage issues or seasonal flooding
• previously disturbed or filled ground

Foothills Septic shall not be responsible for damages, delays, or settlement resulting from site conditions known to the Client but not disclosed prior to the commencement of work.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Acceptance of Terms

By engaging Foothills Septic for services, the Client acknowledges and agrees to these Terms and Conditions.