By clicking Submit, you agree to the terms and conditions below.
UNDERGROUND UTILITY LOCATING DISCLAIMER AND RELEASE OF LIABILITY AGREEMENT
1. Customer acknowledges and agrees that the analysis provided by PRIVATE UTILITY LOCATING (PUL) is to be used as a
supplementary tool only and to assist Customer in the conduct of any construction work including, but not limited to excavation,
drilling, boring, or trenching in connection with the site described hereunder (the “Excavation Work”). Work product provided by PUL
are not intended to be used as a primary guide for ANY Excavation Work undertaken. Customer agrees to take the same care in any
Excavation Work as it would if the services of PUL had not been provided and Customer did not have access to PUL’s work product. By
signing below, Customer has read and acknowledges the following description of Radio-detection and the performance considerations and
limitations related thereto:,
The limitations of Radio-detection are mostly dictated by the inability of PUL to identify and locate the underground services
because the underground services: (a) are not visible from a point above ground; (b) have not been identified by the Customer, (c)
are not shown on a plan of underground services that may have been provided to PUL by the Customer; or (c) are not capable of
carrying a low frequency radio signal for its entire length as a result of a plastic coupling, plastic piping or a broken tracer
wire. The Customer acknowledges being advised that a low frequency radio signal cannot be sent through underground services which are
made of plastic or utilize plastic couplings.
2. Customer hereby agrees that Customer is solely responsible for properly executing any Excavation Work. Customer shall employ
qualified operators and shall carry the appropriate liability insurance and/or bonding necessary for the type of Excavation Work
3. Customer agrees that PUL shall not be responsible for damages sustained by Customer as a result of PUL’s failure to locate
underground services for any reason whatsoever and the Customer agrees to indemnify and save harmless PUL from and against any and
all liabilities, damages, losses, claims, suits or judgments, and expenses (including reasonable legal fees incurred by PUL) brought
by third parties against PUL as a result of PUL’s failure to locate underground services for any reason whatsoever or as a result of
the Customer’s failure to follow the plans prepared by PUL and the instructions noted on such plans. If PUL is pursued by Customer
for legal action, judgment, litigation, damages, or the like, Customer acknowledges total liability for services provided by PUL
shall not exceed the amount paid for services provided by PUL.
4. Customer agrees to indemnify, defend and hold harmless PUL from and against any and all liabilities, damages, losses,
claims, suits or judgments, and expenses (including reasonable legal fees) brought by third parties that PUL may incur as a result of
(a) the proper performance of its services under this Agreement and (b) any action or inaction of Customer whether or not in reliance
on the services or test results provided by PUL.
5. Anything to the contrary herein notwithstanding, under no circumstances shall PUL be liable to customer or any other person
or entity for special, incidental, consequential or indirect damages, loss of goodwill or business profits, any and all other
commercial damages or loss, or exemplary or punitive damages, even if PUL has been advised of the possibility of such damages,
whether arising from the negligence or gross negligence of PUL or otherwise.
6. It is expressly understood and agreed that each and every provision of this agreement that provides for a limitation of
liability, disclaimer or warranties, or exclusion of damages is intended by the parties to be severable and independent of any other
provision and enforced as such.
7. PUL makes no warranty of merchantability or fitness for a particular purpose, nor any other warranties, express, implied, or
statutory in connection with this agreement and the materials and services provided thereunder.
8. The above agreement reflects the parties fairly bargained for positions. Neither party enters this contract as a result of
duress, improper coercion, or undue influence.
Feel free to contact us for any of your needs! We stand ready to assist and will respond as soon as possible.
We are serious about our work. You should be, too. Therefore, we have a minimum charge of $300 for any utility locating project, no matter the size. This fee covers the first two hours after we arrive on site. Each additional hour performing on site services will be billed per hour. Keep in mind, we can cover significant ground in the first two hours, so additional time for completion may not be required. Call for pricing on larger projects.
Please be as descriptive as possible when outlining project details. List the utilities to be located, and the extents of the locate. For example, "Locate from meter at SW corner of property to metal barn 500' East". This will allow us to perform the job much more quickly, thus saving you money.
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