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. All services are provided on a best-effort basis, consistent with industry standards and applicable regulations.

2. Property Damage Disclaimer
The Client acknowledges that septic work often involves access by heavy equipment, excavation, and disruption of surrounding terrain. Foothills Septic shall not be held liable for any damage to lawns, driveways, landscaping, trees, underground utilities, or other property features caused by its access or work activities, except in cases of gross negligence.

3. Pre-existing & Unforeseen Conditions
Foothills Septic is not liable for any issues or damage arising from pre-existing site conditions including, but not limited to, soil instability, existing damage, buried debris, or unmarked private utilities.

4. Marking of Utilities
The Client is solely responsible for accurately locating and marking all private utilities, septic tanks, lines, and other underground installations. Foothills Septic disclaims any responsibility for damage to unmarked or inaccurately marked features.

5. Work Performed at Client Direction
Where the Client provides specific directions (verbal or written) that alter or override the agreed scope of work, the Client assumes full responsibility for any resulting damage or suboptimal outcomes.

6. Third Parties and Site Interference
Foothills Septic is not responsible for delays, damages, or interference caused by other contractors, trades, or visitors present on site who are not under its direct control.

7. Indirect or Consequential Damages
Foothills Septic shall not be liable for any indirect, incidental, or consequential damages, including but not limited to: loss of use, business interruption, lost profits, or diminution in property value.

8. Force Majeure
Foothills Septic shall not be liable for any delay or failure in performance caused by acts of God, weather conditions, fire, flood, labor disputes, government actions, or any other event beyond its reasonable control.

9. Indemnity
The Client agrees to indemnify and hold harmless Foothills Septic from any and all claims, damages, liabilities, or expenses arising from property damage or injury related to the services provided, except where caused by gross negligence or willful misconduct.

10. Ground Conditions Exclusion

All quotes and estimates provided by Foothills Septic expressly exclude subsurface conditions such as:

  • Bedrock

  • Large rocks or boulders

  • Underground formations

  • Groundwater or other water inflows

If any of these or similar conditions are encountered during excavation or related work, the following applies:

  • Additional charges may apply, determined on a case-by-case basis.

  • The scope of work may need to be revised accordingly.

  • In some cases, Foothills Septic may determine that it is not feasible to continue, in which case the company reserves the right to terminate the project without liability.

Foothills Septic will make reasonable efforts to notify the Client immediately upon encountering such conditions and will not proceed without Client acknowledgment of the additional cost or modified scope.

11. Limitation of Liability

In no event shall the total cumulative liability of Foothills Septic, whether in contract, tort (including negligence), or otherwise, 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 notwithstanding any failure of essential purpose of any limited remedy and survives termination or completion of the project.

12. Winter Conditions, Snow Removal & Frost Exclusions

The Client acknowledges that work performed during winter months or in conditions involving frost, snow, ice, or frozen or thawing ground presents unique limitations. Accordingly, the following terms apply:

a. Client Responsibility for Access

The Client is solely responsible for ensuring safe and adequate access to the work area, including but not limited to:

  • Snow removal and ice management to allow equipment access,

  • Removal of personal belongings, vehicles, materials, or obstacles, and

  • Clearing or removal of trees, brush, or landscape features necessary for the work.

Foothills Septic is not liable for any delays, property damage, or additional costs caused by inadequate access or site preparation, and the Client agrees to reimburse Foothills Septic for any such costs incurred as a result.

b. Frost, Frozen Ground, and Winter Excavation Limitations

The Client understands that excavation, grading, landscaping, and final finish work performed in winter or when frost is present or thawing cannot be completed to the same standard achievable during unfrozen conditions. Frozen soils, and thaw-related settling may result in uneven grading, rough final surfaces, and delayed restoration.

c. Deferred Final Cleanup & Restoration

If work proceeds in winter or during frozen conditions, the Client accepts that:

  • Final cleanup, fine grading, and landscaping restoration may not be possible at the time of service;

  • Additional cleanup, grading, or repairs may be required once soils thaw and settle in spring; and

  • Any such additional work is not included in the original scope and will be billed separately unless otherwise agreed in writing.

d. No Warranty on Winter Restoration & Additional Costs

Foothills Septic makes no guarantee or warranty regarding winter restoration work, temporary grading, or the appearance or condition of disturbed areas until thawing and final remediation can occur. Any rework, final grading, cleanup, landscaping, or remediation required after spring thaw is not included in the original scope and will be billed as additional work at Foothills Septic’s standard rates unless otherwise agreed in writing.

13. Deposit (Non-Refundable)

To secure Foothills Septic’s scheduling, equipment allocation, and project planning commitments, the Client may be required to pay a deposit (the “Deposit”) as specified in the proposal or invoice. The Deposit is non-refundable for any reason if the Client cancels, postpones, reschedules, 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 elects to cancel the project for reasons unrelated to the Client’s breach, obstruction, or failure to meet obligations under these Terms and Conditions, the Deposit will be refunded to the Client minus any reasonable costs incurred by Foothills Septic up to the date of cancellation.

14. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

15. Acceptance of Terms
By engaging Foothills Septic for services, the Client acknowledges and agrees to these Terms and Conditions. These Terms may be updated from time to time without notice.