1. The client agrees that they have used or will have used 811, the call before you dig service, to identify all publicly owned utilities before any excavation work begins.
2. Client acknowledges and agrees that any markings and locations provided by Rush Locates, LLC are to be used as a supplementary tool only to help assist the client. The surveys and/or reports provided by Rush Locates, LLC are not intended to be used as a primary guide. The client agrees to take the same care in any construction or excavation work as it would have done if the services of Rush Locates, LLC had not been provided. By signing above the client agrees that they have read and acknowledges the following description of radiowave detection and understands the limitations related.
Radiowave Detection (RD) detection can be used on almost every metal pipe, wire, cable, or plastic pipe with a tracer wire. Objects which cannot conduct electricity cannot be located with conventional RD detection, this includes pipes made from plastics, concrete, or terracotta. Objects which block a signal from propagating (rubber gaskets, etc) or being received (sheathing, etc) may significantly impair the accuracy of locating. During RD detection a signal can bleed onto nearby pipes or be affected by nearby masses of metal, this can affect the accuracy of the locating equipment. The locations and depths given by Rush Locates, LLC are based on the received signal which can differ from the location of the object emitting the signal. Limitations can occur principally due to: Utility access point not visible from above ground, utilities are not identified by the client, utilities are not present on a given as-built, or objects to be located cannot carry a RD signal (mainly due to material of construction, sheathing, or disconnections such as couplers, breaks, or repairs in the line).
Acoustic Location (AL) can be used to locate the peak sound coming from an underground pipe. The sound is amplified by Rush Locates to assist the locating of the leak. The location marked will the where the peak of the sound appears from the surface. Subsurface conditions may cause the location of the audio peak to be different than the location of the leaking pipe when there is a layer of some sort between the pipe leak and the surface. This can happen if a water line is sleeved or in a conduit or in other similar circumstance. The client acknowledges and understands that if there is a dividing layer between the leak and the ground surface that the leak location will be marked at the location of the peak audio output which may be separate than an underlying leak location.
3. The client hereby agrees that the client is solely responsible for properly executing any Excavation Work. The client shall employ qualified operators and shall carry the appropriate liability insurance and/or bonding necessary for the type of Excavation Work undertaken. The client agrees that Rush Locates, LLC shall not be responsible for damages sustained by the client as a result of Rush Locates, LLC’s failure to locate underground services due to the above noted limitations and the the client agrees to indemnify and save harmless Rush Locates, LLC from and against any and all liabilities, damages, losses, claims, suits or judgments, and expenses (including reasonable legal fees incurred by Rush Locates, LLC) brought by third parties against Rush Locates, LLC as a result of Rush Locates, LLC’s failure to locate underground services due to the above noted limitations or as a result of the the client’s failure to follow the plans prepared by Rush Locates, LLC and the instructions noted on such plans.
4. The client agrees to indemnify, defend, and hold harmless Rush Locates, LLC from and against any and all liabilities, damages, losses, claims, suits or judgments, and expenses (including reasonable legal fees) brought by third parties that Rush Locates, LLC may incur as a result of (a) the proper performance of its services under this Agreement and (b) any action or inaction of the client whether or not in reliance on the services provided by Rush Locates, LLC.
5. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, UNDER NO CIRCUMSTANCES SHALL RUSH LOCATES, LLC BE LIABLE TO THE CLIENT 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 RUSH LOCATES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF RUSH LOCATES, LLC OR OTHERWISE.
6. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITAT1ON 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. RUSH LOCATES, LLC 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 has signed this contract as a result of duress, improper coercion, or undue influence.