Terms of Service

Bulkhead Repair Of Salisbury ("Company," "we," "us," or "our") provides professional bulkhead repair, waterfront protection, and marine construction services in Salisbury, Maryland and surrounding areas ("Services"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and the Company.

By requesting an estimate, scheduling a site inspection, or engaging the Company to perform work on your property, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not engage our services.

The Company reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any modification constitutes your acceptance of the updated Terms.

All Services are provided on an as-needed basis. The Company is not obligated to enter into a service agreement with any prospective client. The Company reserves the right to decline service requests at its sole discretion.

Disclaimer of Warranties: The Company provides Services on an "as-is" and "as-available" basis. Except as expressly stated in writing, the Company makes no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to these Terms or your use of our Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Company has been advised of the possibility of such damages.

Cap on Liability: In no event shall the Company's total cumulative liability to you for all claims arising from or related to these Terms or the Services exceed the total amount paid by you to the Company in the twelve (12) months immediately preceding the claim, or one hundred dollars ($100.00), whichever is greater.

Site Conditions: The Client acknowledges that bulkhead repair work involves inherent risks, including but not limited to water exposure, equipment operation, and structural work. The Client assumes all risks associated with the Company's performance of Services on the Client's property. The Company is not responsible for damage to adjacent properties, landscaping, or structures not specifically identified and agreed upon in writing prior to commencement of work.

Weather & Environmental Factors: The Company is not liable for delays, additional costs, or project modifications caused by severe weather, tidal conditions, unexpected soil conditions, or other environmental factors beyond the Company's reasonable control. The Client shall be notified promptly of any such conditions, and project timeline and costs may be adjusted accordingly.

Estimates: Initial site inspections and verbal estimates are provided at no charge. Detailed written estimates are provided upon request and are valid for thirty (30) days from the date of issue, unless otherwise stated in writing.

Payment Schedule: Payment terms for Services will be clearly outlined in the written estimate and project agreement. Typical payment arrangements may include:

• 50% deposit upon project commencement
• Final balance due upon substantial completion of work
• Alternative payment arrangements as agreed in writing

Accepted Payment Methods: The Company accepts payment via check, credit card, electronic funds transfer, and other methods as specified in the project agreement. A processing fee may apply for certain payment methods.

Late Payment: Invoices are due within the timeframe specified in the project agreement. If payment is not received by the due date, a late fee of 1.5% per month (or the maximum rate permitted by law) will be assessed on the outstanding balance. The Company may suspend Services and/or pursue collection action for unpaid invoices.

Scope Changes: Any changes to the agreed-upon scope of work must be documented in writing and approved by both parties prior to implementation. Additional costs resulting from scope changes will be billed separately and are due according to the payment terms specified in the change order.

Material & Labor Costs: The Company reserves the right to adjust pricing if material costs or labor rates change significantly during the project period. The Client will be notified in writing of any price adjustments prior to billing.

Cancellation by Client: The Client may cancel a project prior to commencement of work by providing written notice to the Company. Cancellations made more than seven (7) business days before the scheduled start date will result in a full refund of any deposit paid. Cancellations made less than seven (7) business days before the scheduled start date will forfeit the deposit as a cancellation fee, as the Company may have incurred costs in preparation for the project.

Cancellation After Work Begins: If the Client cancels the project after work has commenced, the Client is responsible for payment of all labor and materials expended to date, plus any demobilization and equipment costs incurred by the Company.

Refunds: Refunds, if applicable, will be processed within thirty (30) days of cancellation. Refunds will be issued using the same payment method used for the original transaction, unless otherwise agreed in writing.

Cancellation by Company: The Company may cancel or suspend Services at any time if the Client fails to comply with these Terms, if site conditions are unsafe, or for other legitimate business reasons. The Client will be notified in writing of the reason for cancellation. Any deposits paid will be refunded minus any costs incurred by the Company.

No Refund for Completed Work: Once Services have been substantially completed, no refunds will be issued. Any disputes regarding the quality or completion of work must be addressed through the dispute resolution process outlined in Section 7.

Company Materials: All materials, documents, designs, photographs, and other content created or provided by the Company in connection with the Services, including but not limited to project plans, estimates, inspection reports, and recommendations, remain the exclusive property of the Company. The Client is granted a limited license to use such materials solely for the purpose of the project.

Client Content: The Client retains ownership of any information, photographs, or materials provided by the Client to the Company. By providing such materials, the Client grants the Company a non-exclusive license to use them for project purposes and, with the Client's consent, for marketing and promotional purposes.

Testimonials & Reviews: The Company may request permission to use the Client's name, testimonial, and/or project photographs for marketing purposes. The Client may decline such requests, but granting permission is appreciated and helps the Company serve other waterfront property owners in Salisbury.

Confidentiality: The Company will maintain the confidentiality of the Client's personal and project information, except as required by law or with the Client's written consent. Information may be shared with subcontractors and suppliers only as necessary to complete the project.

Property Access: The Client is responsible for ensuring that the Company has safe and unrestricted access to the project site. The Client must notify the Company of any hazards, utilities, or other site conditions that may affect the work.

Permits & Approvals: Unless otherwise agreed in writing, the Client is responsible for obtaining all necessary permits, approvals, and permissions from local, state, and federal agencies prior to commencement of work. The Company can provide guidance on permit requirements but will not obtain permits on behalf of the Client unless specifically contracted to do so.

Utility Locates: The Client is responsible for calling 811 (or the applicable utility locating service) to have utilities marked before any digging or excavation work begins. The Company will not be liable for damage to unmarked utilities.

Safety: The Client and any third parties on the project site must comply with all safety requirements established by the Company. The Client assumes responsibility for the safety of family members, guests, and other third parties who may be present during work.

Accuracy of Information: The Client is responsible for providing accurate information regarding property ownership, site conditions, and project requirements. The Company relies on such information to provide accurate estimates and recommendations.

Insurance: The Client is responsible for maintaining appropriate property insurance. The Company carries liability insurance for its operations but does not insure the Client's property. The Client should review their insurance policy to ensure adequate coverage for bulkhead-related risks.

Good Faith Negotiation: In the event of a dispute arising from or related to these Terms or the Services, the parties agree to attempt to resolve the matter through good faith negotiation. The Client should contact the Company in writing with a detailed description of the dispute within thirty (30) days of the issue arising.

Mediation: If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate non-binding mediation. The parties will mutually select a mediator and share mediation costs equally. Mediation will take place in Salisbury, Maryland or via remote means as agreed.

Arbitration: If mediation is unsuccessful, either party may elect binding arbitration in lieu of litigation. Arbitration will be conducted under the American Arbitration Association (AAA) rules, with a single arbitrator selected by mutual agreement. The arbitration will take place in Wicomico County, Maryland.

Litigation: If arbitration is not elected, disputes may be brought in the District Court of Wicomico County, Maryland. Both parties consent to the exclusive jurisdiction and venue of such courts and waive any objection to venue or inconvenient forum.

Attorney's Fees: In any dispute resolution proceeding, the prevailing party may recover reasonable attorney's fees and costs from the non-prevailing party, as permitted by law.

Statute of Limitations: Any claim or action arising from or related to these Terms or the Services must be brought within one (1) year from the date the claim arises, or it will be barred by the applicable statute of limitations.

Entire Agreement: These Terms, together with any written estimate, project agreement, or change order, constitute the entire agreement between the Client and the Company regarding the Services and supersede all prior negotiations, representations, and agreements, whether written or oral.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor shall it affect the validity or enforceability of such right or provision.

Assignment: The Client may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign these Terms to a successor entity or affiliate without notice.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.

Notices: Any notices required under these Terms shall be provided in writing and delivered personally, sent by certified mail, or sent via email to the addresses provided by each party. Notices shall be deemed received upon personal delivery, three (3) business days after mailing, or upon email confirmation.

Independent Contractor: The Company operates as an independent contractor and is not an employee of the Client. The Client is not responsible for withholding taxes, providing benefits, or complying with employment laws regarding the Company.