The full agreement governing services provided by Columbia Land Clearing LLC. Plain language where we can manage it, formal language where we have to.
These Terms and Conditions ("Terms") govern services provided by Columbia Land Clearing LLC ("Columbia Land Clearing," "we," "us," or "our") to the customer identified in the accompanying Project Proposal ("Customer," "you"). By signing the Project Proposal, paying the deposit, or otherwise accepting our services, you agree to these Terms.
Columbia Land Clearing will perform forestry mulching, land clearing, and related vegetation management services as described in the Project Proposal (the "Work"). The Work is limited to what is specifically described in the Proposal. Any changes require a written change order signed by both parties.
Project scheduling is subject to weather, equipment availability, and access conditions. We will provide reasonable notice of scheduling and reasonable updates if conditions require rescheduling. Columbia Land Clearing is not responsible for delays caused by weather, ground conditions, customer-caused delays, regulatory hold-ups, or other circumstances outside our reasonable control.
The total price stated in the Project Proposal includes the project tier base price, mobilization fee, and any additional line items. The quoted price is the price you pay, except for written change orders signed by both parties.
A 50% deposit is due upon contract execution and before work is scheduled. Deposit is paid by credit card.
The remaining balance is automatically charged to the credit card on file upon project completion. By accepting these Terms, Customer authorizes Columbia Land Clearing to charge the credit card on file for the deposit and the final balance.
If the card on file is declined at completion, Customer must provide an alternate valid payment method within 48 hours. Balances unpaid beyond 5 days accrue a late fee of 1.5% per month (18% APR), or the maximum permitted by Massachusetts or Rhode Island law, whichever is lower.
With a separately signed contract, commercial and municipal customers may pay by ACH or check on net-30 terms. This option is not available for residential customers.
Customer agrees to contact Columbia Land Clearing directly regarding any concerns before initiating a chargeback. Chargebacks initiated without prior notice may be considered a material breach and may result in collection action and recovery of all attorneys' fees.
Customer represents and warrants that:
Customer is the owner of the property where Work is to be performed, or has full legal authority from the owner to authorize the Work.
Customer is responsible for accurately identifying property boundaries before Work begins. Columbia Land Clearing is not responsible for clearing performed within the boundaries identified by Customer that subsequently prove to encroach on neighboring property.
Customer must disclose all known subsurface hazards including, without limitation: septic systems, leach fields, wells, irrigation lines, invisible fences, buried utilities, fuel tanks, drainage systems, and any other underground structures. Customer is responsible for marking these hazards before Work begins. Columbia Land Clearing is not liable for damage to undisclosed or unmarked subsurface structures. Customer is responsible for contacting Dig Safe (811) for utility marking; we will additionally request marking before mobilization.
Customer is responsible for providing reasonable access to the work area, including any necessary gate openings, trail access, or temporary removal of obstacles. Restoration of customer-disturbed access points is the customer's responsibility.
For projects involving wetland resource areas, buffer zones, or other regulated areas under the Massachusetts Wetlands Protection Act (M.G.L. c. 131 § 40), the Rhode Island Freshwater Wetlands Act, or any local wetland or land-use bylaw, Customer is responsible for ensuring all required permits and approvals are obtained before work begins. Where Columbia Land Clearing coordinates the regulatory process as part of the Project Proposal, Customer acknowledges that final approval rests with the local Conservation Commission, RIDEM, CRMC, or other applicable authority and is not within our control. Customer is responsible for compliance with any conditions imposed by such authority.
The Work is limited to vegetation suitable for forestry mulching equipment within the project's tier scope. Trees larger than the equipment can safely process, structures, large rocks or boulders that cannot be safely worked around, and items not in the agreed scope are excluded.
Columbia Land Clearing reserves the right to modify or pause Work if site conditions present a safety risk to personnel or property, including but not limited to: saturated ground that risks rutting, undisclosed hazards, severe weather, or conditions outside the scope of the Project Proposal. Where conditions require additional work beyond the original scope, a written change order will be issued before such additional work proceeds.
Forestry mulching leaves a layer of ground vegetation residue. This layer is intentional, beneficial to soil health, and is included in the standard scope. Removal or hauling of mulch is not included unless specifically stated in the Proposal.
Columbia Land Clearing maintains commercial general liability insurance, equipment insurance, and workers' compensation coverage in accordance with Massachusetts and Rhode Island law. Certificates of insurance are available on request.
To the maximum extent permitted by law, Columbia Land Clearing's total liability for any claim arising out of or relating to the Work is limited to the amount paid by Customer for the specific project giving rise to the claim. Columbia Land Clearing is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or property value diminution.
Columbia Land Clearing is not liable for damage caused by undisclosed subsurface hazards, inaccurate property boundaries, or conditions known to Customer that were not disclosed before Work began.
Columbia Land Clearing is not liable for delays or failures caused by acts of God, weather, fire, flood, government action, regulatory delay, equipment failure not caused by our negligence, or other circumstances outside our reasonable control.
If Customer cancels more than 7 days before the scheduled start date, the deposit is fully refundable less a $250 administrative fee. If Customer cancels within 7 days of the scheduled start date, the deposit is non-refundable and is retained as compensation for reserved equipment time, scheduling, and lost opportunity.
If we cancel for reasons other than Customer breach, the full deposit will be refunded. If we cancel due to Customer breach (including failure to disclose hazards, refusal of access, or failure to obtain required permits), the deposit is non-refundable.
Where Columbia Land Clearing first solicits a sale through an in-person visit at Customer's residence that was not previously scheduled or initiated by Customer, Customer has the right to cancel within three (3) business days of signing pursuant to M.G.L. c. 93 §§ 48–50. To cancel, Customer must provide written notice within three business days. This right does not apply where Customer initiated contact with Columbia Land Clearing and proactively scheduled the assessment, including assessments scheduled through our website, by phone, by email, or by referral.
Columbia Land Clearing documents projects with photography for quality assurance, internal records, and marketing purposes. By accepting these Terms, Customer grants Columbia Land Clearing a non-exclusive, royalty-free, perpetual license to use project photographs (including before, during, and after images) on our website, social media accounts, marketing materials, and proposals to other customers.
Columbia Land Clearing agrees to use commercially reasonable efforts to ensure that published photographs do not include identifying features of the property, including but not limited to: dwellings, outbuildings, vehicles, license plates, street signs, mailbox numbers, or other features that would reasonably identify the property or its owner. Where such features are inadvertently captured in frame, Columbia Land Clearing will crop, blur, or otherwise obscure them before publication.
Customer may opt out of marketing use entirely by checking the opt-out box on the Project Proposal. Photos used solely for internal quality assurance and customer documentation are not subject to opt-out.
The Work is performed in a workmanlike manner consistent with industry standards for forestry mulching. Columbia Land Clearing does not warrant that the cleared land will not regrow, that mulched vegetation will fully decompose within any specific timeframe, that the mulch layer will prevent erosion in all conditions, or that the cleared property will achieve any specific aesthetic outcome. Vegetation regrowth is normal and expected and is not a defect in the Work.
Both parties agree to first attempt to resolve any dispute through good-faith direct communication. Any dispute must be raised in writing within 30 days of the issue arising.
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. For Rhode Island projects, both Massachusetts and Rhode Island laws may apply where required by state statute.
Any dispute that cannot be resolved through direct communication will be brought in the state or federal courts located in [COUNTY], Massachusetts, and both parties consent to that venue.
In any action to enforce these Terms or recover unpaid balances, the prevailing party is entitled to recover reasonable attorneys' fees and costs.
These Terms together with the signed Project Proposal constitute the complete agreement between the parties and supersede all prior discussions and agreements.
If any provision is found unenforceable, the remaining provisions remain in full effect.
Failure to enforce any right does not waive that right.
Customer may not assign these Terms. Columbia Land Clearing may assign these Terms to a successor entity.
Notices may be sent to contact@columbialandclearing.com or by certified mail to [BUSINESS ADDRESS].