|
By accepting these terms, you agree to enter an agreement that is made between EMS Water Locating Inc. (EMS) and yourself (Owner).
1. Purpose. Owner hereby employs EMS to conduct a site survey of Owner's property for the purpose of identifying potential water sources on Owner's property.
2. Real Property Description. The tract of land owned by Owner which shall be the subject of this site survey set forth on a copy of the deed (Owner to provide a copy of deed) or maps identifying the property.
3. Services of EMS. EMS shall conduct a site survey of the real property identified above in an effort to locate a potentially reliable water source on the property of the Owner. EMS shall provide to Owner written or e-mailed results of the site survey which shall identify the specific coordinates of the locations within the property where water is likely to be found. In addition to the written or e-mailed results, EMS shall also mark the location with a stake.
4. Compensation and Expenses. In consideration of the services to be rendered by EMS under this contract, Owner agrees to pay EMS the sum invoiced in accordance with our prices listed on our home page. This fee shall be paid at the time of execution of this agreement. Upon receipt of the full consideration, EMS shall place the customer on the work schedule for work to be completed in a reasonable time.
Owner also agrees to pay additional expenses associated with delays in granting access to the property which will be based on an hourly rate as set forth in paragraph 5 below. In the event it is necessary for EMS to remark the potential water location, owner shall pay an additional $150.00 (plus mileage at a rate of $0.60 per mile) to EMS as a remarking fee.
5. Owner's Obligations and Representations. Owner hereby represents that he/she is the owner of the property identified above and he/she has the lawful right to request the site survey. By execution hereof, Owner grants to EMS the right to come upon Owner's property at reasonable times for purposes of conducting the site survey and for placing the water location stake. Should EMS be denied access or should EMS's access be delayed by actions of the Owner, EMS shall be entitled to additional compensation at a rate of $100.00 per hour as standby time.
Owner shall be responsible for identifying to EMS the property corners and boundary lines of Owner's real property and, if requested by EMS, Owner shall have the property lines flagged. Once EMS has identified a potentially reliable water source and has marked such location with a stake, it shall be the responsibility of Owner to verify that the stake's location is within the boundaries of the Owner's property. Owner shall indemnify and hold EMS harmless from any and all claims for damages or expenses, including any attorney's fees, associated with the identification of a water source or the subsequent drilling of a well at a location beyond the boundaries of Owner's property.
In the event a septic tank or drain field exists on Owner's property, Owner shall provide to EMS a drawing of the location of the septic tank and drain field and shall further identify the location of those improvements upon the ground. Should the owner fail to provide the map or identify the specific location of the septic tank drain field, EMS shall not be liable for a water location site which is in close proximity to septic tanks and drain fields in violation of federal, state, or local laws and regulations. Owner is further responsible for conducting whatever inquiry he deems necessary with regard to septic tanks or drain fields located on surrounding properties whether known or unknown. EMS has no responsibility or liability with regard to a water source location in close proximity to a neighboring septic tank or drain field.
6. Guarantee. (Section 6. Guarantee applies only to those who have requested and paid for it. Others should see section 7)
For single well locations: Should a properly drilled well at the primary location specified in the site survey result in less than 1 gallon of water per minute by the maximum depth stated in our report to the customer, EMS agrees to refund to Owner 70% of the fee charged (excluding mileage rate) for the site survey.
For multiple well locations: Should properly drilled wells at the locations specified in the site survey result in less than 1 gallon of water per minute, by the maximum depth stated in our report to the customer, EMS agrees to refund to Owner 70% of the fee charged for that well (excluding mileage rate) for the unsuccessful part of the site survey.
Example:
20 acres with two well locations. One produces 5 gallon per minute (gpm) and the other produces ½ gpm. The refund would be for the one well ($3095.00 - $100.00 mileage /// $2995.00/2 wells = $1497.50/well X .70 = $1048.25 refund).
This guarantee is subject, however, to the following requirements:
A. We have been contracted to survey the entire parcel owned by the customer. If we complete only a partial survey, the guarantee does not apply.
B. Some areas have minimum acreage requirements. If your area does, it will be stated on the invoice you receive. Nonpayment of the invoice invalidates this agreement.
C. The well was drilled at the exact location specified by the Site Survey Report, and as further indicated by the water location marker on Owner's property.
D. The well was drilled to the maximum depth specified in the report to Owner, as evidenced by a properly filed well driller log.
E. The well log filed by the driller shall be prepared in conformance with the driller's standard operating procedures, and shall, upon filing with the appropriate governmental authority, be conclusive evidence of the gallons per minute produced from the drilled well.
F. If Hydrofracturing of the well are suggested by the report, the customer must complete this work and provide the documentation showing that less than 1 gallon per minute was obtained.
G. Owner has paid the full consideration for the site survey and has complied with all terms and conditions of this agreement, including the payment of fees and the providing of a legal description and the necessary maps and identifications of septic tanks and drain fields.
H. Drilling must be completed within 90 days of the completed report. In the event that it is not, the guarantee is no longer applicable.
7. No Guarantee. (Applies to all who do not request and/or pay for the guarantee)
Pursuant to this agreement, EMS does not guarantee that water or any quantity thereof will be encountered at any strata or at any location on Owner's property. Owner understands and acknowledges that the site survey to be conducted by EMS is made for the purpose of identifying the best possible water source on Owner's property. There are no representations by this agreement nor have any oral representations been made to Owner as to the specific probability or possibilities of finding water at the locations identified. Owner further understands that EMS does not represent that the conditions underground at the location identified will permit the drilling of a well.
8. Additional Services. Should the Owner desire to employ EMS for additional services other than those contemplated by the site survey, the parties shall enter into a separate agreement defining the terms, conditions, and compensation to be paid for those additional services. EMS is willing, pursuant to separate agreement, to provide consulting and supervisory services associated with the drilling of the well and such other matters as the parties agree upon.
9. Notice. Any notice under this Agreement shall be effectively given upon deposit in the U. S. Mail, postage prepaid, by recognized overnight delivery service, or by e-mail.
10. Attorney's Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding, In addition to any other relief to which it may be entitled.
11. Governing Law. The validity, meaning and effect of this Contract shall be determined in accordance with the laws of the State of Washington applicable to contracts made and performed in the State. Any disputes which arise from this contract shall be resolved in Thurston County Washington.
Return to Order page
(Revised 01/01/2009) | 
