These terms apply to all services provided by Trinity Land Surveying, LLC ("Trinity") to the client named on the quote ("Client").
1. The agreement
1.1 The agreement between Trinity and Client is Trinity's written quote (the "Quote") together with these terms (the "Agreement"). If the Quote and these terms conflict, the Quote controls.
1.2 Client accepts the Agreement by approving the Quote in any form. That includes approving it electronically through Trinity's client portal, approving it by email, or telling Trinity to proceed. An electronic approval or signature has the same effect as a handwritten one.
1.3 The person approving the Quote confirms that he or she owns the property or is authorized by the owner to order the work, and has authority to bind Client. If Client is more than one person, each is responsible for payment in full.
1.4 A Quote is valid for 90 days from its date unless it says otherwise.
2. Scope of services
2.1 Trinity will perform the services described in the Quote (the "Services"). Work that the Quote does not describe is not included.
2.2 Changes to the Services must be agreed in writing. Email is sufficient. Added work will be billed at an agreed price or at Trinity's hourly rates then in effect.
2.3 The Quote is based on conditions Trinity could reasonably expect when it was prepared. If Trinity finds materially different conditions, it will tell Client and the parties will agree on any change in scope or price before that part of the work continues. Examples are missing or conflicting record documents, restricted access, unusually dense vegetation, and boundary conflicts that need research beyond a normal survey.
3. Standard of care
3.1 Trinity will perform the Services with the care and skill ordinarily used by licensed land surveyors practicing in the same area under similar circumstances, and will follow the Georgia laws and board rules that apply to the work.
3.2 Trinity makes no other warranty or guarantee, express or implied.
3.3 A survey is a professional opinion of where boundaries are located. It is based on record documents, physical evidence found on the ground, and measurements. It is not a guarantee of title or ownership, and only a court can finally decide a disputed boundary.
4. Client responsibilities
4.1 Access. Client gives Trinity permission to enter the property and will arrange access through any gates or locked areas. Client will secure dogs and livestock and tell Trinity about known hazards on the property.
4.2 Documents and information. Upon request, Client will give Trinity the deeds, prior surveys, plats, title commitments and similar documents Client has for the property. Client will notify Trinity of any unrecorded document or verbal agreement Client knows of that affects the property, and will give Trinity a copy of any such document. Examples are unrecorded deeds, plats, easements, leases and boundary line agreements with neighbors.
4.3 Clearing and marking. Client authorizes Trinity to cut brush, limbs and small vegetation on the property as reasonably needed, and to place stakes, flagging, paint and survey markers.
4.4 Buried improvements. When the Quote specifically includes locating underground utilities or other buried improvements, Client will inform Trinity about such utilities and improvements and provide documentation of the same.
4.5 Neighbors. Trinity may need to look for boundary evidence on adjoining land and will do so as the law allows. Client will tell Trinity about any known disagreement with a neighbor over the property lines.
5. What is not included
Unless the Quote specifically includes them, the Services do not include:
6. Boundary findings
6.1 A survey may show results Client does not expect. These can include a line in a different place than assumed, a different acreage than the deed or tax records state, encroachments, and gaps or overlaps with neighboring properties. Trinity will report what it finds.
6.2 Acreage and dimensions taken from tax records, deeds or maps before the survey are approximate. The survey determines the final figures.
6.3 Trinity's fee does not depend on what the survey shows.
6.4 Trinity does not resolve boundary disputes, negotiate with neighbors, or give legal advice. Client should consult an attorney about any legal question the survey raises.
7. Monuments and line markers
7.1 Trinity will find or set corner monuments and mark lines as the Quote describes.
7.2 Stakes, flagging and paint are temporary. Trinity is not responsible for monuments or markers that are disturbed, moved, covered or removed after Trinity places them. Replacing them is added work.
7.3 If a monument or marker looks disturbed, Client should contact Trinity before relying on it.
8. Fees and payment
8.1 The price for the Services is stated in the Quote.
8.2 Trinity will invoice Client when the Services are complete, unless the Quote provides for a deposit or progress billing. Payment is due according to the agreed terms in the Quote. If the Quote states none, payment is due on receipt of the invoice. If the Quote states that the survey is for a real estate closing, payment is instead due at closing, or within 30 days of the invoice date, whichever is sooner. If that closing is cancelled, or has not taken place within 30 days after issuance of the invoice, payment is due at once.
8.3 Any amount unpaid more than 30 days after it is due bears a late charge of 1.5% per month, or the highest rate the law allows if that is lower.
8.4 Apart from the timing in Section 8.2, payment does not depend on a closing, a sale, a loan approval, a government approval, or the outcome of any dispute.
8.5 Trinity may hold the plat and other deliverables, and may delay recording, until it is paid in full.
8.6 Georgia law gives land surveyors lien rights for services on real estate. Nothing in this Agreement waives those rights.
8.7 If Trinity uses an attorney or collection agency to collect a past-due amount, Client will pay Trinity's reasonable attorney's fees and collection costs to the extent Georgia law allows.
9. Schedule
9.1 Start and completion times in the Quote are estimates and not guarantees.
9.2 Trinity is not responsible for delays caused by weather, lack of access, late documents, government review times, or other events beyond its reasonable control.
9.3 If Client delays the start or completion of the work by more than 90 days, Trinity may revise the price.
10. Use of the survey
10.1 Trinity prepares the plat and other deliverables for Client and for the purpose stated in the Quote. Another person may rely on the survey only if named in the surveyor's certification on the plat or approved by Trinity in writing.
10.2 The survey shows conditions as of the date of the field work. Trinity has no duty to update it for later changes unless Client hires Trinity to do so.
10.3 Trinity keeps ownership of its field notes, drawings, computer files and other work product. Client may use the final deliverables for the purpose stated in the Quote. No one may alter them, or reuse them for another purpose or property, without Trinity's written consent. Trinity is not responsible for deliverables that are altered or reused.
10.4 Electronic drawing files are not included unless the Quote says so. If Trinity provides them, the signed and sealed plat controls over any electronic file.
11. Limitation of liability
11.1 TO THE FULLEST EXTENT GEORGIA LAW ALLOWS, TRINITY'S TOTAL LIABILITY TO CLIENT FOR ALL CLAIMS ARISING OUT OF THE SERVICES OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, WILL NOT EXCEED $25,000 OR THE FEE PAID FOR THE SERVICES, WHICHEVER IS GREATER.
11.2 NEITHER PARTY IS LIABLE TO THE OTHER FOR LOST PROFITS, LOSS OF USE, DELAY DAMAGES, OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES.
11.3 Trinity's price reflects this limit. This Section limits only what Client may recover from Trinity. It does not require Client to indemnify, defend or hold Trinity harmless, and it does not limit the rights of anyone who is not a party to this Agreement.
12. Claims
12.1 Notice and chance to correct. If Client believes the Services contain an error, Client will notify Trinity in writing within 90 days after discovering it. Client will give Trinity a reasonable chance to review the work and correct any error at Trinity's cost before Client hires another surveyor or builds, moves or removes improvements because of it.
13. Cancellation and suspension
13.1 Client may cancel the Services by written notice. Client will pay for the Services performed and expenses incurred through the date Trinity receives the notice.
13.2 Trinity may suspend or end the Services by written notice if Client does not pay an amount when due, does not provide access, or if site conditions are unsafe.
14. Governing law and disputes
14.1 Georgia law governs this Agreement.
14.2 The parties will first try in good faith to resolve any dispute by talking with each other.
14.3 Any lawsuit arising out of this Agreement or the Services must be brought in the courts of Sumter County, Georgia.
15. General
15.1 This Agreement is the entire agreement between Trinity and Client for the Services and replaces all earlier discussions. Any change must be in writing and agreed to by both parties. Email is sufficient.
15.2 If a court finds any part of this Agreement unenforceable, that part will be enforced as far as the law allows and the rest remains in effect.
15.3 Client may not assign this Agreement without Trinity's written consent.
15.4 Written notices may be sent by email to the addresses shown on the Quote.
15.5 Sections 8, 10, 11, 12, 14 and 15 continue to apply after the Services are complete or cancelled.