The full agreement governing services provided by Tarheel Brushworks LLC. Plain language where we can manage it, formal language where we have to.
These Terms and Conditions ("Terms") govern services provided by Tarheel Brushworks LLC ("Tarheel Brushworks," "we," "us," or "our") to the customer identified in the accompanying Project Proposal ("Customer," "you"). By signing the Project Proposal, paying the deposit, or otherwise accepting our services, you agree to these Terms.
Tarheel Brushworks will perform forestry mulching, land clearing, and related vegetation management services as described in the Project Proposal (the "Work"). The Work is limited to what is specifically described in the Proposal. Any changes require a written change order signed by both parties.
Project scheduling is subject to weather, equipment availability, and access conditions. We will provide reasonable notice of scheduling and reasonable updates if conditions require rescheduling. Tarheel Brushworks is not responsible for delays caused by weather, ground conditions, customer-caused delays, regulatory hold-ups, or other circumstances outside our reasonable control.
The total price stated in the Project Proposal includes the project tier base price, mobilization fee, and any additional line items. The quoted price is the price you pay, except for written change orders signed by both parties.
A 50% deposit is due upon contract execution and before work is scheduled. Deposit is paid by credit card.
The remaining balance is automatically charged to the credit card on file upon project completion. By accepting these Terms, Customer authorizes Tarheel Brushworks to charge the credit card on file for the deposit and the final balance.
If the card on file is declined at completion, Customer must provide an alternate valid payment method within 48 hours. Balances unpaid beyond 5 days accrue a late fee of 1.5% per month (18% APR), or the maximum permitted by North Carolina law, whichever is lower.
With a separately signed contract, commercial and municipal customers may pay by ACH or check on net-30 terms. This option is not available for residential customers.
Customer agrees to contact Tarheel Brushworks directly regarding any concerns before initiating a chargeback. Chargebacks initiated without prior notice may be considered a material breach and may result in collection action and recovery of all attorneys' fees.
Customer represents and warrants that:
Customer is the owner of the property where Work is to be performed, or has full legal authority from the owner to authorize the Work.
Customer is responsible for accurately identifying property boundaries before Work begins. Tarheel Brushworks is not responsible for clearing performed within the boundaries identified by Customer that subsequently prove to encroach on neighboring property.
Customer must disclose all known subsurface hazards including, without limitation: septic systems, leach fields, wells, irrigation lines, invisible fences, buried utilities, fuel tanks, drainage systems, and any other underground structures. Customer is responsible for marking these hazards before Work begins. Tarheel Brushworks is not liable for damage to undisclosed or unmarked subsurface structures. Customer is responsible for contacting Dig Safe (811) for utility marking; we will additionally request marking before mobilization.
Customer is responsible for providing reasonable access to the work area, including any necessary gate openings, trail access, or temporary removal of obstacles. Restoration of customer-disturbed access points is the customer's responsibility.
For projects involving wetlands, Areas of Environmental Concern (AECs), waters of the United States, or other regulated areas under Section 404 of the Clean Water Act (33 U.S.C. § 1344), Section 401 water quality certification (G.S. § 143-215), the North Carolina Coastal Area Management Act (G.S. § 113A-118), or any local tree ordinance or land-use regulation, Customer is responsible for ensuring all required permits and approvals are obtained before work begins. Where Tarheel Brushworks coordinates the regulatory process as part of the Project Proposal, Customer acknowledges that final approval rests with the U.S. Army Corps of Engineers, NC Division of Water Resources, NC Division of Coastal Management, the local CAMA permit officer, the City of Wilmington, or other applicable authority and is not within our control. Customer is responsible for compliance with any conditions imposed by such authority.
The Work is limited to vegetation suitable for forestry mulching equipment within the project's tier scope. Trees larger than the equipment can safely process, structures, large rocks or boulders that cannot be safely worked around, and items not in the agreed scope are excluded.
Tarheel Brushworks reserves the right to modify or pause Work if site conditions present a safety risk to personnel or property, including but not limited to: saturated ground that risks rutting, undisclosed hazards, severe weather, or conditions outside the scope of the Project Proposal. Where conditions require additional work beyond the original scope, a written change order will be issued before such additional work proceeds.
Forestry mulching leaves a layer of ground vegetation residue. This layer is intentional, beneficial to soil health, and is included in the standard scope. Removal or hauling of mulch is not included unless specifically stated in the Proposal.
Where the Project Proposal includes herbicide, pesticide, lime, fertilizer, or other chemical applications as optional add-ons, all such work is performed by a North Carolina Pesticide Applicator licensed by the NC Department of Agriculture and Consumer Services (NCDA&CS), using EPA-registered products in accordance with product labels and all applicable state and federal regulations. For wetland-adjacent applications, only aquatic-labeled formulations are used within applicable buffer distances of jurisdictional wetlands and Areas of Environmental Concern.
Customer acknowledges that some chemical products may temporarily affect non-target vegetation and agrees to keep children, pets, and livestock off treated areas for the duration specified by the product label (typically 24 hours minimum). Tarheel Brushworks maintains application records as required by state law for at least two years and provides them on request. Tarheel Brushworks is not liable for off-target damage caused by undisclosed sensitive plantings, undisclosed organic-certified or pollinator-protected areas adjacent to the work area, or weather conditions outside our control.
Tarheel Brushworks maintains commercial general liability insurance, equipment insurance, and workers' compensation coverage in accordance with North Carolina law. Certificates of insurance are available on request.
To the maximum extent permitted by law, Tarheel Brushworks's total liability for any claim arising out of or relating to the Work is limited to the amount paid by Customer for the specific project giving rise to the claim. Tarheel Brushworks is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or property value diminution.
Tarheel Brushworks is not liable for damage caused by undisclosed subsurface hazards, inaccurate property boundaries, or conditions known to Customer that were not disclosed before Work began.
Tarheel Brushworks is not liable for delays or failures caused by acts of God, weather, fire, flood, government action, regulatory delay, equipment failure not caused by our negligence, or other circumstances outside our reasonable control.
If Customer cancels more than 7 days before the scheduled start date, the deposit is fully refundable less a $250 administrative fee. If Customer cancels within 7 days of the scheduled start date, the deposit is non-refundable and is retained as compensation for reserved equipment time, scheduling, and lost opportunity.
If we cancel for reasons other than Customer breach, the full deposit will be refunded. If we cancel due to Customer breach (including failure to disclose hazards, refusal of access, or failure to obtain required permits), the deposit is non-refundable.
Where Tarheel Brushworks first solicits a sale through an in-person visit at Customer's residence that was not previously scheduled or initiated by Customer, Customer has the right to cancel within three (3) business days of signing pursuant to the North Carolina Door-to-Door Sales Act (N.C.G.S. Chapter 25A) and the Federal Trade Commission Cooling-Off Rule (16 C.F.R. Part 429). To cancel, Customer must provide written notice within three business days. This right does not apply where Customer initiated contact with Tarheel Brushworks and proactively scheduled the assessment, including assessments scheduled through our website, by phone, by email, or by referral.
Tarheel Brushworks documents projects with photography for quality assurance, internal records, and marketing purposes. By accepting these Terms, Customer grants Tarheel Brushworks a non-exclusive, royalty-free, perpetual license to use project photographs (including before, during, and after images) on our website, social media accounts, marketing materials, and proposals to other customers.
Tarheel Brushworks agrees to use commercially reasonable efforts to ensure that published photographs do not include identifying features of the property, including but not limited to: dwellings, outbuildings, vehicles, license plates, street signs, mailbox numbers, or other features that would reasonably identify the property or its owner. Where such features are inadvertently captured in frame, Tarheel Brushworks will crop, blur, or otherwise obscure them before publication.
Customer may opt out of marketing use entirely by checking the opt-out box on the Project Proposal. Photos used solely for internal quality assurance and customer documentation are not subject to opt-out.
The Work is performed in a workmanlike manner consistent with industry standards for forestry mulching. Tarheel Brushworks does not warrant that the cleared land will not regrow, that mulched vegetation will fully decompose within any specific timeframe, that the mulch layer will prevent erosion in all conditions, or that the cleared property will achieve any specific aesthetic outcome. Vegetation regrowth is normal and expected and is not a defect in the Work.
Both parties agree to first attempt to resolve any dispute through good-faith direct communication. Any dispute must be raised in writing within 30 days of the issue arising.
These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles.
Any dispute that cannot be resolved through direct communication will be brought in the state or federal courts located in New Hanover County, North Carolina, and both parties consent to that venue.
In any action to enforce these Terms or recover unpaid balances, the prevailing party is entitled to recover reasonable attorneys' fees and costs.
These Terms together with the signed Project Proposal constitute the complete agreement between the parties and supersede all prior discussions and agreements.
If any provision is found unenforceable, the remaining provisions remain in full effect.
Failure to enforce any right does not waive that right.
Customer may not assign these Terms. Tarheel Brushworks may assign these Terms to a successor entity.
Notices may be sent to contact@tarheelbrushworks.com or by certified mail to [BUSINESS ADDRESS].