Terms & Conditions - Miller's Services

Terms And Conditions Of Contract

Miller’s Septic Services Inc. d/b/a Miller’s Services (“Miller’s Services”) and the customer listed (“Customer”) agree to proceed with the work outlined in the Estimate above subject to the following Terms and Conditions of Contract. The Estimate and the Terms and Conditions of Contract collectively shall constitute the contract between Miller’s Services and Customer (“Contract”).

Licensure Information

Class A Contractors License: 2705118793 Sewage Handling Permit No.: SHP136-3

Specialties: ADS, CBC, ELE, HVA, H/H, PLB, and RBC

AOSS Installers License: 1944001582 AOSS Operators License: 1942001252

Scope Of Work

Miller’s Services agrees to provide for Customer the materials, labor, and equipment necessary for completion of the work (“Work”) as listed in the attached estimate from Miller’s Services, which is incorporated by reference as part of the Contract.

Estimated start date of the Work is 30 to 60 days after obtaining all approved permits (if any) subject to suitable soil conditions for septic/sewer installation and is contingent upon receipt of the executed Contract and down payment amount, if any, specified in this Contract. Estimated time of completion is 30 days after the start date of the Work given adequate weather conditions and no unforeseen circumstances. Estimated date of completion may be revised at any time due to factors beyond the control of Miller’s Services. Each project presents unique circumstances, and the amount of time required to complete the Work shall vary based on location and complexity. Larger jobs may require multiple days, and work may be completed before 8:00 am, after 5:00 p.m., and/or on weekends.

Terms Of Payment

The Total listed above under Estimate Details for the Work constitutes the Contract Sum for the Work.

The following Terms of Payment apply to the Contract:

50% due with delivery of signed Contract
50% due upon completion of the Work
Net balance of payment remaining on the Contract shall be paid to Miller’s Services upon completion of the Work.

To the extent that the Work is a Virginia Department of Health (“VDH”) septic project, the following Terms of Payment apply (instead of the ones listed above):

Deposit due with delivery of signed Contract: 15% of Contract Sum
Second draw due prior to start of Work: 35% of Contract Sum
Third draw due upon completion of component installation: 45% of Contract Sum
Final draw due after delivery of (a) the contractor’s completion statement and (b) the engineer’s OSC and/or inspection report with completion statement: 5% of Contract Sum

If payment is not made in full when due under the applicable set of Terms of Payment above, Miller’s Services may suspend Work under the Contract until Customer makes the required payments, and Miller’s Services shall not be responsible for any delay caused by such suspension of Work related to non-payment. In addition, Miller’s Services is entitled to recover interest on the unpaid amount from the date due until the date paid at the rate of 1.5% per month.

Other Terms And Conditions

PERFORMANCE OF WORK: Miller’s Services shall be responsible for obtaining all necessary permits for the Work. Miller’s Services shall comply with all local requirements for permits, inspections, and zoning. The Work shall be performed in accordance with local and state building codes. The material shall be as specified in the Contract. The Work shall be completed in a workmanlike manner according to standard practices. The construction materials for the Work shall remain the property of Miller’s Services until Customer has paid Miller’s Services for the Work.

CHANGE ORDERS AND MODIFICATIONS: Any and all modifications to the Contract which change the cost, materials, Work to be performed, or estimated completion date must be in writing and signed by Customer and Miller’s Services before the Work proceeds.

TIMES FRAMES: All time frames regarding estimated beginning date of the Work and estimated completion date of the Work may be affected by events beyond the control of Miller’s Services. This Contract and all-time frames referenced herein may be affected by weather, wet conditions, fire, other natural catastrophes, strikes, war, government regulations, power outages, unsafe work conditions, access to the work site, availability of specific equipment and materials, conditions precedent to the Work, and accident or delays beyond the control of Miller’s Services. The Work is a dry weather installation only. Any delay caused by events beyond the control of Miller’s Services shall not constitute a default or abandonment by Miller’s Services and shall not be included in calculating time frames for performance. In the event of any such delay, the time for performance of the Work by Miller’s Services shall be extended.

WORK STOPPAGE AND TERMINATION: Once Miller’s Services has initiated the Work, Customer shall be notified as soon as possible of any unforeseen problems that are discovered during Work operation. If additional services are deemed necessary for the proper operation of the system, the Work shall be stopped until the additional costs are agreed upon through a change order for the completion of the project.

If Customer fails to make a payment under the terms of the Contract or otherwise breaches a term of the Contract, Miller’s Services may terminate the Contract for cause. Upon termination by Miller’s Services, Customer shall immediately pay Miller’s Services any and all outstanding payments due to Miller’s Services under the Contract and any reasonable costs incurred by reason of such termination.

Miller’s Services may, at any time, terminate the Contract for its convenience and without cause by providing written notice to Customer. In case of such termination for convenience, Miller’s Services shall be entitled to receive payment for goods and services provided prior to termination.

CUSTOMER OBLIGATIONS: Customer obligations include the following: (a) Customer shall provide access to the areas where the Work is to be performed and shall furnish utilities of electric, gas, and water at no cost to Miller’s Services. (b) Customer shall prepare such areas so that Miller’s Services can begin work. Customer shall remove or protect personal property, inside and outside of the area of Work, including, but not limited to, storage bins, cardboard boxes, and other items in the area of Work. To the extent that outbuildings, fences, landscaping, vehicles, boats, etc. need to be moved so that Miller’s Services can begin work, Customer agrees to move the items so the site is accessible. (c) Customer must ensure that Miller’s Services and its vehicle and equipment have proper access to the site to complete work. (d) Customer must provide all relevant information needed for the services to be performed. (e) Customer warrants that except as listed in the scope of Work for the Contract, all electrical, plumbing, HVAC, restoration, and handyman services located on the property are in good repair and condition and agrees to indemnify Miller’s Services for any defective conditions that exist prior to or that occur after performance of the Work through no fault of Miller’s Services. (f) Customer shall be responsible for any cosmetic repairs associated with the Work performed by Miller’s Services. (g) All property lines shall be marked by Customer and/or its engineer. (h) Customer represents that no asbestos is contained or located in the location where Miller’s Services is to perform its Work.

PUBLIC UTILITIES: Miller’s Services is not responsible for any damage or repairs to existing public utilities on private property not marked by Miss Utility.

PRIVATE UTILITIES: Any information regarding the location of private underground utilities shall be provided by Customer to Miller’s Services prior to commencement of the Work. Miller’s Services shall work to protect Customer’s property, but Miller’s Services is not responsible for any damage or repairs to underground private utilities, including, but not limited to, irrigation, electric dog fences, and private water, sewer, and electric lines.

WARRANTY: Miller’s Services provides a one-year workmanship warranty for the Work provided under the Contract. Such warranty only is effective after the Work is completed, and Customer has paid in full for the Work. If within one year after the date of substantial completion of the Work any of the work is found to have workmanship issues not in accordance with the Contract, Miller’s Services shall correct such workmanship issues after prompt notice from Customer. To the extent that any equipment comes with warranties, Miller’s Services shall provide such warranties to Customer.

This express warranty is in lieu of any other warranties to Customer. MILLER’S SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SERVICES, GOODS, AND MATERIALS PROVIDED BY MILLER’S SERVICES ARE PROVIDED “AS IS.”

TRASH AND CLEAN UP: Trash removal and associated dump fees for the Work are included in the Contract. Miller’s Services shall dispose of all trash, waste and debris, and the jobsite shall be kept clean on a daily basis. All tools, service materials, and equipment will be removed upon completion of the project.

FINANCING: Miller’s Services does offer financing with approved credit. The lending company may charge fees. Miller’s Services requires proof of approved financing before it will start the Work.

DISCLAIMERS: (a) Miller’s Services does not guarantee the performance, suitability, design or actions of any engineer, soil scientist, or governmental agency in furtherance of the Work. (b) Miller’s Services is not responsible for design defects if Miller’s Services installs the Work per the design. (c) Plastic and fans may be set up to mitigate the dust that enters Customer’s home. There is a possibility that even with the plastic and fans in place, dust may enter areas of the home, and Miller’s Services is not responsible for any deep cleaning of the home from this dust. (d) If raw sewage is present in the area where Work is to be completed, Customer shall retain a waste management company to clean up the area before Miller’s Services begins the Work. (e) Miller’s Services is not responsible for drywall repairs, painting, framing, flooring, landscaping, re-sodding, re-seeding, or mulching as part of its Work. In addition, Miller’s Services is not responsible for completing any roofing repairs, siding or masonry work, concrete repairs, or asphalt work as part of its Work. (f) If trenching or excavating is needed, Miller’s Services will backfill the dirt and soil to the best of its ability. Customer acknowledges that dirt and soil may settle over time. (g) Customer assumes full responsibility for any items delivered or installed on Customer’s property and shall reimburse Miller’s Services for all damages caused by fire, wind, water, or theft. (h) Customer may be receiving new material or equipment that is a different size than what Miller’s Services is replacing. Miller’s Services is not responsible for painting or wall repair needed because of the size of the new material or equipment being installed. (i) If Miller’s Services replaces HVAC equipment and leaves the existing duct system in place, this could trigger temperature changes through the home. The existing duct system may not distribute air equally through the home. Miller’s Services is not responsible for Customer’s existing duct system or any existing equipment or components. (j) If Miller’s Services replaces a water heater and leaves the existing water lines in place, that may trigger changes in water temperature to different fixtures throughout the home. Miller’s Services recommends replacing Quest water lines. Miller’s Services is not responsible for any repairs failing due to the disintegration of Quest water lines. (k) If Miller’s Services replaces a gas appliance, and the existing flue pipe is not code compliant or is in poor condition, Miller’s Services shall be compensated by Customer for the additional costs to replace the flue pipe and/or ensure it is code compliant. (l) Miller’s Services is not responsible for sludge in oil, air-blocked lines, clogged filters, pump strainers, or nozzles. (m) Unless included within the scope of Work, Miller’s Services is not responsible for wells, pumps, water quality, or water lines. If Customer requests repairs be made to existing wells and loops, Miller’s Services shall be compensated by Customer for such repairs. When a water line is replaced as part of the Work, Miller’s Services is not responsible for water quality. (n) Miller’s Services is not responsible for utility costs due to new equipment that it installs or due to malfunctioning or broken equipment. (o) Rebates may vary based on different programs and manufacturers. Any tax credits or tax incentives are Customer’s responsibility. (p) When and if a power surge requires a connected equipment reimbursement claim, Customer shall contact the surge protector manufacturer that provided a warranty to Customer.

FINAL INSPECTION: After the Work has been completed for all projects other than VDH permitted septic projects, and Customer has paid in full, Miller’s Services shall schedule a final city/county inspection of the Work. For VDH permitted septic projects, a final inspection shall be scheduled consistent with Terms of Payment above.

For all final inspections, Miller’s Services shall attempt to schedule the city/county inspection on a date that is convenient for Customer, but the city/county inspector ultimately will dictate when the inspection is completed. A city/county only provides the day of the inspection and does not specify time periods when it may arrive. Customer is responsible for any re-inspection fees assessed because Customer was not at home or did not provide access for the city/county inspector. Sometimes, a city/county reschedules the inspection for the next day with no prior notice. All cities/counties require a ladder for the inspector to access the attic if equipment is installed in the attic, and Customer shall be responsible for providing such ladder. The city/county inspector has the authority to red-tag Customer’s home for items that were not part of Miller’s Services scope of work. Customer shall be responsible for the extra costs to complete any additional work required by the city/county inspector.

INDEMNIFICATION: Customer agrees to defend, indemnify, and hold Miller’s Services, its affiliates, agents, employees, officers, members, successors and assigns from any claims, losses, liabilities, fines, penalties, or demands (including, but not limited to, attorneys’ fees and expert witness or consultant fees and expenses) arising out of or resulting from (a) Customer’s acts or omissions, (b) Customer’s negligence or intentional conduct, (c) Customer’s breach of the Contract, and/or (d) Customer’s misuse of the system installed by Miller’s Services or of any other Work installed by Miller’s Services.

INSURANCE: Customer represents that it shall maintain appropriate property and liability insurance coverage during the duration of the project. Miller’s Services represents that it shall maintain workers’ compensation insurance coverage during the duration of the project.

ROCK CLAUSE: Should any abnormal conditions be encountered on the project in connection with foundation and footing excavation or installation of sewer lines, on-site sewage disposal systems, water lines, electrical, and/or other utility services, Miller’s Services shall inform Customer of the conditions encountered. If Customer requests that Miller’s Services complete additional work to address the rock or other abnormal subsurface conditions, Miller’s Service shall provide a proposal for Customer for such additional work. If Miller’s Services and Customer decide to proceed with such additional work, they shall sign a change order, increasing the Contract Sum. If Miller’s Services and Customer do not sign a change order for the additional work, Miller’s Services shall terminate the Contract and receive payment for the Work completed at the time of the termination, including the costs for materials purchased and labor and overhead costs incurred by Miller’s Services.

EXCAVATED AREAS: Miller’s Services is not responsible for the settling of excavated areas. While Miller’s Services shall rough grade excavated areas, Miller’s Services is not responsible for fine grading of excavated areas.

ASBESTOS: If Miller’s Services encounters asbestos that requires removal or special handling in order for Miller’s Services to perform its Work, Miller’s Services has the following two options: (a) terminate the Contract and receive payment for the Work completed at the time of the termination, including the costs for materials purchased and labor and overhead costs incurred by Miller’s Services; or (b) enter into a change order with Customer to increase the scope of Work and Contract Sum to permit Miller’s Services to subcontract with a licensed asbestos contractor for the removal, disposal, and/or containment of the asbestos. If option (b) is selected, the Work shall be stopped until abatement is complete.

DISPUTE RESOLUTION: The Contract shall be governed by the law of the Commonwealth of Virginia. The exclusive venue for any litigation between Customer and Miller’s Services is the state courts for Gloucester County, Virginia, and Customer and Miller’s Services consent to the jurisdiction and venue of such courts and waive all objections to jurisdiction or venue for litigation brought in those courts. If Miller’s Services proceeds to litigation to recover amounts due under the Contract or to address other breaches by Customer of the Contract, Miller’s Services is entitled to recover all expenses of collection from Customer, including reasonable attorneys’ fees, court costs, expert fees, and expenses.

EACH PARTY TO THIS CONTRACT FOR ITSELF, ITS SUCCESSORS AND ASSIGNS WAIVES ALL RIGHTS TO TRIAL BY JURY FOR ANY CLAIM, DISPUTE, OR OTHER MATTER IN CONTROVERSY ARISING OUT OF OR RELATED TO THE CONTRACT.

LIMITATION OF LIABILITY: In the event that Customer suffers damage as a result of Miller’s Services’ breach of contract or negligence, Miller’s Services’ liability to Customer shall not exceed the lesser of (i) the actual damages sustained by Customer or (ii) an amount equal to the total amount paid to Miller’s Services by Customer under the Contract. IN NO EVENT SHALL MILLER’S SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, LIQUIDATED, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT OR A BREACH THEREOF.

ANNUAL MAINTENANCE: This provision applies to septic and HVAC work. Annual maintenance shall be completed by Customer at a minimum of once a year. Customer shall stay on a regular maintenance program to ensure applicable warranties provided by Miller’s Services or others remain in effect.

VIRGINIA CONTRACTOR TRANSACTION RECOVERY FUND: For residential Work completed in Virginia, Customer is hereby notified of the Virginia Contractor Transaction Recovery Act. For additional information, contact the Recovery Fund Office of the Virginia Department of Professional and Occupational Regulation at (804) 367-1559 or RecoveryFund@dpor.virginia.gov.

CANCELLATION NOTICE: Customer may cancel the Contract at any time before midnight of the third business day after Customer signs the Contract. To cancel the Contract, Customer can send a signed and dated written notice of cancellation by registered or certified mail or can personally deliver the notice to 6338 George Washington Memorial Highway, Gloucester, VA. If Customer cancels within the three day period, Customer shall receive a full refund of any money paid to Miller’s Services. This cancellation provision shall not apply to any emergency work that has to be completed immediately after the Contract is signed by Customer and Miller’s Services.

CANCELLATION POLICY: Any job cancelled after the three-day right to cancel shall result in a restocking fee of 10% of the Contract Sum.

MISCELLANEOUS: The Contract comprises the entire agreement between Customer and Miller’s Services regarding the Work and supersedes all prior representations, agreements, and understandings. The Contract shall not be modified except in writing signed by Customer and Miller’s Services. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms and conditions of the Contract or to exercise any right herein shall not be construed as a waiver or relinquishment of such term, condition, or right with respect to further performance. If any term or condition of the Contract is held invalid or unenforceable, the Contract shall be construed as though that term or condition did not exist, and its unenforceability shall have no effect whatsoever on the rest of the Contract.

ACKNOWLEDGEMENTS: Customer acknowledges that (a) Customer had the opportunity to consult with an attorney prior to execution of the Contract; (b) the Contract was mutually negotiated and should not be construed against either party; and (c) Customer has read and understands the Contract and is voluntarily entering into the Contract.

AUTHORIZED SIGNATURES: Customer and Miller’s Services agree that the representative signing the Contract on behalf of each party has all requisite power and authority to execute and deliver the Contract.