STANDARD CONDITIONS:
<br />Masteller, Moler & Taylor, Inc.
<br />1655 27th Street, Suite 2
<br />Vero Beach, FL 32960
<br />Phone: 772-564-8050
<br />Fax: 772-794-0647
<br />e-mail: dt5243@bellsouth.net
<br />General: These are the complete terms and conditions of this contract. All terms and conditions of the
<br />agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Client to the
<br />Surveyor.
<br />Definitions: The Client is defined as the addressee(s) and may be referred to as "you". The Surveyor hereafter is
<br />defined as Masteller, Moler & Taylor, Inc. who also may be referred to as "I", "me", "it's" or "we". Agency is
<br />defined to mean any department or branch of a City or County that oversees or manages activities pertaining
<br />to the Surveyor's services.
<br />Permission: The client hereby grants the surveyor permission to enter or drive onto client's premises as
<br />necessary to perform their services or duties. Furthermore, the client also grants surveyor permission to clear
<br />and/or cut trees, branches, or brush as necessary to perform their survey or set property corners.
<br />Underground Asbuilts: The Client is responsible for assisting the surveyor as necessary to obtain the location and
<br />elevation of any underground utilities as necessary. Client shall expose or mark installed underground utilities
<br />for location by surveyor. Surveyor is not responsible to excavate to find utilities.
<br />Scheduling: The surveyor makes no guarantee as to field scheduling or time of deliveries. The surveyor is not
<br />liable for costs or expenses incurred due to conflicts in scheduling or work backlogs. Further, the surveyor
<br />makes no time guarantees, except that surveys, drawings or reports will be performed on first come first served
<br />basis. Any scheduling due dates on the front of this contract will be considered target dates only and not be
<br />construed as a guarantee. The practice of Land Surveying is not an exact science and is subject to a certain
<br />degree of inaccuracy, interpretation of evidence and opinion. The survey is not considered complete until all
<br />procedures and calculations used to derive the survey have been reviewed and double-checked by our staff.
<br />Warranty: The Surveyor makes no warranty, either expressed or implied, as to its findings, recommendations,
<br />specifications, or professional advice except that they were promulgated after preparation according to
<br />generally accepted procedures and practices by or under the direction of a professional surveyor and
<br />mapper licensed to practice in the State of Florida.
<br />The boundary corners and lines depicted by this survey will be established per record title information and
<br />represent deed lines only. They do not purport to show ownership lines, lines affected by adverse use, lines of
<br />conflicting/overlapping deeds, or other lines that may otherwise be determined by a court of law.
<br />Limitation of liability: Client recognizes and assumes the inherent risks connected with development and
<br />construction. For its part, Surveyor will do its best to perform its services to meet the requirements of generally
<br />accepted local principles and practices of engineering and land planning. The client agrees to limit Surveyors
<br />liability to the client due to Surveyors negligent acts, errors, or omissions, or alleged breach of contract, such
<br />that the total aggregate liability to Surveyor shall not exceed $1,000,000.00. Client further agrees to indemnify
<br />Surveyor in an action brought against Surveyor seeking compensation for any personal or bodily injury as a
<br />result of services rendered under this contract unless those injuries are caused by the work of the Surveyor.
<br />Payment Provisions: The Client agrees to encumber sufficient funds to be designated solely to pay for the
<br />Surveyor's services. The Client will make payment in full within 30 days of initial submittal of the Surveyor's
<br />report, plan specifications, etc. to the Client or the primary regulatory agency. The Client will pay, in full, each
<br />subsequent invoice within 30 days of the date on the invoice, and pay an additional charge of two percent
<br />(2%) of the amount of the invoice per month for any payment received by the Surveyor more than thirty (30)
<br />days from the date of the invoice. Additionally, a $25.00 administrative service fee will be assessed for each
<br />monthly Statement of Account issued after the work is completed or suspended by either party. Accounts 45
<br />days past due will be subject to lien, unless other arrangements are made at the time the Agreement is signed.
<br />Fees for all Surveyor's time expended and all expenses incurred for liens or collection of any delinquent amount
<br />including, but not limited to reasonable attorney fees, witness fees, court costs, charges at current billing rates
<br />for time spent by and on behalf of the Surveyor shall be paid by the Client in addition to the delinquent
<br />amount. The Client authorizes the Surveyor to charge Client's credit card, as provided to the Surveyor, in the
<br />event invoices become past due.
<br />Extra Services: The Client, prior to commencement of additional services will authorize any extra services
<br />beyond those that are included in the Scope. The Client will reimburse the Surveyor any extra services monthly
<br />Page 1 of 3
<br />
|