Terms & Conditions

WESTSHORE WELL COMPANY CUSTOMER TERMS AND CONDITIONS

The below terms and conditions constitute the entire terms of the agreement between us, Westshore Well Company, LLC (“Westshore”) and you, the property owner (“Customer”). If Westshore is hired by another contractor, the contractor shall be the “Customer”. These terms shall prevail over any other representations or understandings, except these terms and conditions shall be supplemented by the quote provided to Customer, but the supplementation shall be limited to the portions of the quote or estimate as to price for the work.

Contract Price. The quantity quoted for well depth is in feet and it is based on an estimate of a needed well depth to obtain a sufficient water source based on wells on nearby properties from a database maintained by the State of Michigan. The “rate” is a dollar amount to be paid by the Customer for each foot of depth that Westshore drills, which final depth may be higher or lower depending on when Westshore concludes its drilling. Westshore agrees to perform and bill the work according to the estimate and this these terms and conditions, subject to modification due to practical difficulties or unforeseen work conditions, in which event Westshore will provide a revised estimate, which may be verbal.

If the project is being billed on a “time and materials” basis (generally applicable to service work), then the Customer agrees to pay Westshore’s full costs and expenses as following: (i) The regular retail cost of all materials, supplies, and equipment consumed in this project, including the cost of delivery and transportation of materials, plus 20%; (ii) All of Westshore’s labor charges for its employees related to the project, charged at $150.00-$200.00 (as determined by Westshore) per hour or market rates, if higher; (iii) All payments made for work performed by subcontractors that work on the project, plus 20%; and (iv) Costs for related permits.

Dry wells. Though unusual, there is a possibility that the well, when drilled, will not have water or enough water to be usable (“dry well”). In the event Westshore drills and there is a dry well, Westshore will charge the Customer to plug the dry well (plugging is required by law) and then ask the Customer whether the Customer wants Westshore to drill another well in a different location. Customer understands that if another well is drilled, Customer will be billed for the additional well (at the per foot rate in the original quote). There is no guaranty that a subsequent attempt to drill a usable well will be successful and Customer agrees to pay for the cost of drilling the wells, even if the well is a dry well and the work concludes without a usable well. Customer acknowledges that the estimate received is based on the anticipated location of the first well to be dug, and that a different drilling location further from the home (or other structure needing the water) will result in adjustments to the pricing for the service connection.

Material or other costs. Any estimate received by the Customer is based on material costs as of the date presented to the Customer. If prices increase before the materials are purchased, Westshore may notify the customer of the increase and the Customer can decide whether to proceed with an adjusted quote or cancel the project, though Westshore may elect to continue the project at the quoted price. Any quoted or estimated price includes the time for Westshore to obtain a standard well permit, and additional time (billed at $100.00/hr) or cost incurred by Westshore due to extra time to obtain a permit or other approval for any reason (e.g, need for a variance) shall be in addition to the amount estimated. Customer agrees to pay Westshore the amounts due under this agreement. Westshore is not responsible for the work of other contractors that Customer has hired.

Water Quality. Westshore hereby gives notice to Customer that prior to using the water from the well for any purpose, and in particular for human and animal consumption, Customer is advised to have the water tested for all contamination, and specifically for lead, contaminants commonly known as PFAS, arsenic, E. coli, and cryptosporidium. Owner understands that taste and smell may not reveal the existence of unsafe drinking water, whether for human or animal consumption, or use of plants that will be consumed by humans or animals. Owner is responsible for arranging, ensuring completion of, and payment for such testing, unless otherwise provided in this Agreement. All risk of contaminants in the water drawn from the well shall be borne by the Customer. Customer is advised that local health department inspection may nor may not include testing of the water for safety to consume.

Customer Payments. The Customer will make a payment to Westshore of each statement for well drilling work within thirty calendar days of receipt of each billing statement. Service work must be paid upon completion of the work. Payments not made in a timely fashion shall incur a service charge of 1% per month or partial month, until paid, from the day the payment is due. All attorney fees and related costs incurred by Westshore to collect sums owed by the Customer shall be paid by the Customer, and such cost to collect shall include any attorney fees incurred to file a lien on the property, regardless of whether Westshore needs to take action to enforce the lien.

Customer’s Property Location. Westshore is entitled to rely on Customer’s representation as to the location of Customer’s property lines. If Customer is unsure of his/her property lines, Customer is required to obtain a survey and have the property lines marked.

Customer and other Contractor’s Authority. The term “Customer” shall include any co-owners of the property where the well will be drilled. If more than one individual or entity is a Customer, each Customer has authority to act for all Customers. Westshore may rely on verbal or written instructions, statements, representations, comments or approvals from Customer or any other contractors hired by Customer (such as a general contractor, for example), or a subcontractor of a general contractor (such as landscaping subcontractor, for example).

Insurance and Risk Management; Damage to Property. Westshore shall obtain all workers’ compensation, commercial general liability insurance and comprehensive liability insurance necessary to protect Westshore from claims for damages due to bodily injury, including death, and for damages to property that may arise out of and during operations under this contract. Customer agrees to seek recovery only from Customer’s insurance in the event of any loss and indemnify Westshore for any subrogation claim. Customer gives permission for trucks and other heavy equipment to be driven onto the property and will hold Westshore, subcontractors and their respective agents harmless for driveway and sidewalk cracking or damage. Westshore shall not be responsible for landscaping, lawn or irrigation system repair or restoration due to Westshore’s work.

Access to the Property Site. If the Customer or any invitee/licensee of the Customer enters the work site or within 20 feet of any operating equipment or work area, he does so at his/her own risk, and Customer agrees to hold Westshore harmless and indemnify Westshore from any and all suits or claims for injury or damage to his person or property, including but not limited to related costs and attorneys’ fees.

Inspection by Health Department. Customer acknowledges that the health department in the location of the Customer’s property will need to do a final inspection, and Customer is responsible for making those arrangements, which includes providing access to the inspector to the inside of the home.

Complete Terms. These terms and conditions of this Agreement will apply to each project conducted by Westshore, and Westshore’s performance is solely limited to the terms of this Agreement, notwithstanding the prior or subsequent use or tender by Customer of any other document purporting to govern the terms of this transaction. Customer may, however, use its standard agreement to retain Westshore’s, provided that only the typed or handwritten provisions on the face of an order specifying the price may supplement this Agreement if they are not inconsistent with this Agreement, and all other terms of Customer’s order will be deemed a material alteration of the above terms, and are objected to, rejected and deleted and shall not become a part of this Agreement even if the order is accepted by Westshore. This provision will apply even if Customer’s request for quote, purchase order or any other document that states otherwise.

Westshore warrants that all work will be performed in a workmanlike manner, consistent with local industry standards, and subject to these warranty terms that it will repair or replace (in Westshore’s discretion) any substantially defective work or materials at its cost, if such defects are reported to Westshore in writing within ten days of being discovered. For any defective equipment, this warranty shall expire four years from the date of the date of the last billed services as provided on a final invoice. For any defective workmanship, this warranty shall expire one year from the date of the last billed services as provided on a final invoice. Once warranty work is performed, unless written notice is received by Westshore within ten days of completion of the work that continuing defects exist, the warranty shall be deemed satisfied. This limited warranty is the only warranty and is the exclusive remedy related to or arising from Westshore’s work, including but not limited to any issues that arise from the water drawn from the well related to the services provided by Westshore. This limited warranty is in lieu of all other warranties, remedies or claims, express or implied. No delay in the ability to report an issue, regardless of difficulty of discovery or lack of discovery, shall extend the warranty period. In the event of a warranty issue, Customer agrees to provide prompt access to the facility as needed by Westshore or subcontractors to perform all work. If Westshore reasonably determines that repair or replacement of defective work or materials is impractical, Westshore may instead tender to Customer the reduction in the value of the structure served by the well due to the existence of the defect, such amount not to exceed the cost paid to Westshore for the particular work or material that was defective. In no event may a claim under this warranty or any other claim relating to the project be brought by the Customer more than 50 months for defective equipment and 380 days for workmanship after the day of the last billed services. Customer agrees to not assert a claim that could result in a claim for indemnification by a 3^rd party. In the event that any provision in these terms and conditions are deemed unenforceable as a matter of law by a court of competent jurisdiction, this Agreement shall be modified to the minimum extent to become enforceable.

WESTSHORE’S SOLE LIABILITY SHALL BE AS PROVIDED IN THIS SECTION ENTITLED “WARRANTIES”. NEITHER WESTSHORE, NOR ITS AGENTS, SUBCONTRACTORS OR SUPPLIERS, SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND ARISING FROM ITS WORK OR THIS PROJECT, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY WATER, LOSS OF USE, LOSS OF INCOME, EMOTIONAL DISTRESS, DEATH, LOSS OF VALUE, ADVERSE HEALTH EFFECTS, OR OTHER EFFECTS. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IF THE CUSTOMER IS A CONTRACTOR, THE CONTRACTOR REPRESENTS IT HAS ADVISED THE PROPERTY OWNER (END USER OF THE WELL) OF THESE TERMS AND CONDITIONS, AND CONTRACTOR SHALL HOLD HARMLESS AND INDEMNIFY WESTSHORE FROM ANY CLAIM THAT WOULD HAVE OTHERWISE BEEN BARRED BY LAW OR THESE TERMS AND CONDITIONS.