Terms & Conditions

Terms and Conditions
Elias Grading and Hauling
Effective Date: May 14, 2026

1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the website located at eliasgradingandhauling.com (the "Site") and the services provided by Elias Grading and Hauling ("Company," "we," "us," or "our"), including land clearing, land grading, bulldozing, hauling, trenching, and related site work services (collectively, the "Services"). By accessing the Site, submitting our online booking form, or hiring us to perform Services, you ("Client," "you," or "your") agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site or our Services.

2. Services
We provide land clearing, land grading, bulldozing, hauling, trenching, and related site work services in and around North Carolina. The specific scope of work, deliverables, schedule, and price for any particular project will be described in a written estimate, proposal, work order, or contract (each, a "Work Agreement") provided by us and accepted by you. In the event of a conflict between these Terms and a signed Work Agreement, the Work Agreement will control with respect to that project.

3. Online Booking and Quotes
Submitting an online booking form or quote request does not create a binding contract or guarantee that we will perform the requested work. All bookings are subject to our review of the project, site conditions, scheduling availability, and acceptance by us in writing (including by email). Quotes are estimates based on the information you provide and may be adjusted after a site visit or if actual site conditions differ from those described.

4. Site Access, Utilities, and Permits
You are responsible for:
• Ensuring we have safe, legal, and timely access to the work site;
• Identifying and marking the location of all property lines, septic systems, wells, irrigation lines, invisible fences, private utilities, and any other underground or hidden features that are not marked by the 811 public utility locating service;
• Calling 811 (or otherwise arranging for the public utility locate service) before work begins, where required;
• Obtaining any permits, easements, HOA approvals, or other authorizations required for the work, unless we have agreed in writing to obtain them on your behalf;
• Confirming that you are the owner of the property or have the legal authority to authorize the Services on the property. We are not responsible for damage to unmarked, mismarked, or hidden items, including private utilities, irrigation lines, septic components, drain tiles, invisible fences, landscaping, or similar features that were not clearly identified and marked prior to work.

5. Pricing, Estimates, and Change Orders
Estimates are valid for the period stated in the estimate (and, if no period is stated, for thirty (30) days from the date of the estimate). Pricing assumes normal soil and weather conditions and the scope described in the Work Agreement. If site conditions, scope, or your requirements change, including the discovery of rock, excessive water, hazardous materials, or unmarked underground features, we may issue a written change order with adjusted pricing or timing, which must be approved by you (including by email) before we proceed with the additional work.

6. Payment Terms
Unless otherwise stated in a Work Agreement, payment is due upon completion of the Services. We may require a deposit prior to scheduling, and may invoice for completed portions of larger projects. All invoices are due within the timeframe stated on the invoice. Returned checks may be subject to applicable fees. We reserve the right to suspend or stop work on any project for which payment is past due.

7. Scheduling, Weather, and Delays
We will make commercially reasonable efforts to perform the Services on the agreed schedule. However, work involving land clearing, grading, hauling, and trenching is highly dependent on weather, ground conditions, equipment availability, subcontractor availability, and other factors beyond our reasonable control. We may reschedule or pause work due to rain, snow, mud, frozen ground, equipment breakdown, supply chain issues, or other circumstances. We will not be liable for delays caused by such conditions or by your failure to provide site access, permits, or required information.

8. Cancellation and Rescheduling
If you need to cancel or reschedule a booked job, please contact us as soon as possible. Cancellations made with insufficient notice, or after equipment, materials, or crew have been dispatched, may be subject to a cancellation or trip fee covering our actual costs and lost time. Specific cancellation terms, if any, will be stated in your Work Agreement.

9. Site Conditions and Property Restoration
Land clearing, grading, bulldozing, hauling, and trenching work inherently disturbs the ground and surrounding area. You acknowledge that:
• Heavy equipment will create tire ruts, tracks, soil disturbance, dust, noise, and vibration;
• Lawns, driveways, landscaping, and similar features within or adjacent to the work area may be impacted;
• Unless explicitly included in the Work Agreement, fine grading, seeding, sodding, landscaping, paving, and similar restoration work are not included;
• Some settling, erosion, or regrowth is normal and is not considered a defect in our work.

10. Disposal of Materials
Unless otherwise agreed in writing, removed trees, brush, stumps, soil, debris, and other materials become our property upon removal and may be disposed of, recycled, sold, or reused at our discretion. We do not haul or handle hazardous materials, contaminated soil, asbestos, or similar regulated substances unless specifically agreed in writing. If such materials are encountered, we will stop work in the affected area and notify you.

11. Insurance
We maintain general liability insurance and any other insurance required to perform our Services in North Carolina. Certificates of insurance are available upon reasonable request. Our insurance does not cover damage to property that was not properly disclosed, marked, or made accessible by you.

12. Warranty and Limitations
We warrant that we will perform the Services in a workmanlike manner consistent with industry standards for similar work in North Carolina. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED IN THIS SECTION AND ANY WARRANTY EXPRESSLY STATED IN A WORK AGREEMENT, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OWNERS, EMPLOYEES, OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF USE), ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU ACTUALLY PAID TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

14. Indemnification
You agree to indemnify, defend, and hold harmless Elias Grading and Hauling and its owners, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms or any Work Agreement; (b) your failure to obtain required permits, easements, or authorizations; (c) your failure to identify or mark utilities, septic systems, or other site features; (d) your misuse of the Site or Services; or (e) your violation of any law or third-party right.

15. Intellectual Property and Site Use
The Site, including its content, design, logos, text, photos, and graphics, is owned by Elias Grading and Hauling or our licensors and is protected by intellectual property laws. You may view and print pages from the Site for your personal, non-commercial use, but you may not reproduce, distribute, modify, or create derivative works from the Site without our prior written consent. You also grant us a non-exclusive, royalty-free license to use any photos or content you submit to us in connection with our Services for our internal records, training, and marketing purposes, subject to the limits described in our Privacy Policy.

16. Reviews and Testimonials
If you provide a review, testimonial, photo, or other feedback about our Services, you grant Elias Grading and Hauling a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and display that content in our marketing materials, on our Site, and on third-party platforms, with attribution by first name and last initial unless you request otherwise in writing.

17. Third-Party Sites and Services
The Site may include links to third-party sites or services that we do not control. We are not responsible for the content, accuracy, or practices of those third parties, and your use of third-party sites or services is at your own risk and subject to their terms.

18. Governing Law and Venue
These Terms and any dispute arising out of or related to these Terms, the Site, or our Services will be governed by the laws of the State of North Carolina, without regard to its conflict-of-laws principles. You agree that any legal action or proceeding will be brought exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction and venue of those courts.

19. Severability and Waiver
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms will not be a waiver of that provision or any other.

20. Entire Agreement
These Terms, together with the Privacy Policy and any applicable Work Agreement, constitute the entire agreement between you and us regarding the Site and the Services, and supersede all prior or contemporaneous understandings.

21. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Effective Date" at the top of this page and post the updated Terms on the Site. Your continued use of the Site or our Services after the updated Terms are posted constitutes your acceptance of the changes.

22. Contact Us
If you have any questions about these Terms, please contact us at:
Elias Grading and Hauling
Email: james@eliasgradingandhauling.com
Website: https://www.eliasgradingandhauling.com
State of operation: North Carolina