Terms of Service

Effective Date: September 15, 2026

These Terms of Service apply to services provided by Wommack Enterprises LLC, doing business as Wommack Excavation & Services (“Wommack Excavation,” “we,” “us,” or “our”). By approving an estimate, signing a contract, paying a deposit, scheduling work, or authorizing us to begin work, the customer agrees to these Terms of Service and the terms contained in the applicable estimate, proposal, contract, change order, or invoice.

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1. Estimates and Scope of Work

All estimates and proposals are based on the information and site conditions reasonably available at the time they are prepared. Unless otherwise stated in writing, estimates are not guaranteed final prices.

The approved estimate, proposal, or contract identifies the specific labor, equipment, materials, and services included in the project. Work not specifically listed is not included and may result in additional charges.

Verbal discussions, preliminary recommendations, and general descriptions do not modify the written scope of work unless confirmed in writing by Wommack Excavation.

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2. Changes and Additional Work

Changes requested by the customer, unexpected site conditions, additional material requirements, or work beyond the original scope may require a written or electronically approved change order.

Additional work may be billed at an agreed-upon price or according to the applicable labor, equipment, material, hauling, disposal, and subcontractor rates.

If immediate action is reasonably necessary to protect people, equipment, property, or completed work, Wommack Excavation may take appropriate protective measures and notify the customer as soon as reasonably possible.

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3. Deposits and Payment

Deposits, progress payments, and final payment requirements will be listed in the applicable estimate, contract, or invoice.

Unless otherwise stated in writing, payment is due according to the terms shown on the invoice. The customer is responsible for approved work, materials ordered for the project, hauling, disposal fees, subcontractor charges, applicable taxes, and authorized additional work.

Overdue balances may be subject to late fees, collection costs, or other remedies when disclosed in the applicable contract or invoice and permitted by law. Wommack Excavation may pause or discontinue work when required payments are not received.

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4. Scheduling and Project Delays

Project dates are estimates and may change because of weather, soil conditions, equipment availability, material availability, permitting, utility locating, subcontractor scheduling, customer-requested changes, emergencies, or other circumstances beyond our reasonable control.

Wommack Excavation is not responsible for damages resulting from reasonable scheduling changes or delays outside our control.

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5. Site Access and Customer Responsibilities

The customer agrees to provide safe and reasonable access to the work area for employees, equipment, trucks, trailers, materials, and subcontractors.

Before work begins, the customer must:

● Identify property boundaries and obtain any necessary surveys.

● Disclose known private utilities, septic systems, drain fields, irrigation systems, wells, underground tanks, drainage tiles, pet containment systems, private electrical lines, and other underground improvements.

● Remove or secure vehicles, animals, personal property, and other obstructions.

● Obtain necessary permissions from neighboring property owners when access across adjoining property is required.

● Inform Wommack Excavation of known hazardous materials, unstable ground, buried debris, contaminated soil, or other unusual conditions.

● Obtain permits or approvals assigned to the customer in the written proposal or contract.

Wommack Excavation will coordinate public utility locating when required. Public utility locating services may not identify privately installed lines or systems. The customer remains responsible for accurately identifying private utilities and improvements not covered by the public locating service.

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6. Unforeseen Conditions

Excavation and land-improvement work can reveal conditions that were not visible before work began, including rock, unsuitable or unstable soil, buried concrete, debris, underground water, springs, undocumented utilities, contaminated material, excessive muck, hidden structures, or previously disturbed ground.

Work required because of unforeseen conditions is not included unless specifically stated in writing and may result in additional charges or schedule changes.

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7. Materials and Quantities

Material quantities are estimated using available measurements and anticipated site conditions. Actual quantities may vary due to compaction, moisture, settlement, waste, subsurface conditions, grade changes, or customer-requested modifications.

Natural materials—including soil, rock, gravel, mulch, seed, straw, and stone—may vary in color, texture, size, and appearance. Reasonable variations are not considered defective work.

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8. Drainage, Ponds, Erosion, and Natural Conditions

Drainage, pond, shoreline, grading, and erosion-control work is affected by rainfall, groundwater, soil composition, vegetation, maintenance, neighboring properties, upstream runoff, and other natural conditions.

Unless expressly guaranteed in a signed written agreement, Wommack Excavation does not guarantee that a pond will permanently hold water, that an area will never experience standing water or erosion, or that seeded areas will germinate or remain established.

The customer is responsible for reasonable watering, mowing, erosion monitoring, and ongoing maintenance after project completion unless continuing maintenance is included in writing.

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9. Property Disturbance and Restoration

The customer understands that heavy-equipment work may disturb lawns, vegetation, driveways, access routes, surrounding soil, and other portions of the property.

Wommack Excavation will use reasonable care, but repair or restoration of access routes and areas outside the immediate work zone is included only when specifically stated in the written scope of work.

Final grading, seeding, straw, cleanup, debris removal, hauling, and disposal are included only when listed in the approved estimate or contract.

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10. Permits, Engineering, and Environmental Requirements

Unless otherwise stated in writing, the customer is responsible for obtaining necessary permits, engineering plans, boundary surveys, easements, homeowner-association approvals, and governmental or environmental authorizations.

Wommack Excavation is not responsible for the accuracy of plans, surveys, engineering documents, boundary information, or instructions supplied by the customer or third parties.

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11. Workmanship and Warranties

Wommack Excavation will perform its services in a professional manner consistent with generally accepted practices for the type of work being performed.

Any specific warranty must be stated in writing in the applicable proposal or contract. Except as expressly provided in writing, no additional warranty is made regarding natural settling, soil movement, vegetation growth, erosion, groundwater, weather-related damage, customer maintenance, third-party work, or conditions beyond our reasonable control.

The customer must notify Wommack Excavation promptly after discovering a concern and provide a reasonable opportunity to inspect the work before another contractor alters or repairs it.

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12. Limitation of Responsibility

To the extent permitted by law, Wommack Excavation is not responsible for damage or additional costs resulting from inaccurate information provided by the customer, undisclosed private utilities, unidentified property boundaries, hidden subsurface conditions, natural events, improper maintenance, unauthorized site access, or work performed by others.

Nothing in these Terms excludes responsibility that cannot legally be excluded under applicable law.

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13. Cancellation and Suspension

Cancellation terms, nonrefundable deposits, material restocking costs, and mobilization charges will be governed by the applicable estimate or contract.

If a project is canceled or postponed after equipment, labor, materials, hauling, subcontractors, or mobilization have been scheduled, the customer may be responsible for costs already incurred or committed.

Wommack Excavation may suspend or terminate work because of unsafe conditions, nonpayment, customer interference, undisclosed hazards, lack of site access, permit issues, or a material breach of the agreement.

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14. Photographs and Marketing

Unless the customer requests otherwise in writing before work begins, Wommack Excavation may photograph or record the worksite and completed project for documentation, training, portfolio, website, and marketing purposes.

We will make reasonable efforts not to publish customer names, addresses, license plates, or other identifying information without permission.

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15. Electronic Communications and Approval

The customer agrees that estimates, contracts, invoices, change orders, approvals, and other project communications may be provided and accepted electronically through Jobber, email, text message, or another agreed-upon method.

Electronic approval has the same effect as a written signature to the extent permitted by law.

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16. Governing Law

These Terms and all service agreements are governed by the laws of the State of Missouri. Any dispute will be handled in the appropriate court serving the Missouri county where the work was performed, unless the parties agree otherwise in writing.

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17. Entire Agreement

These Terms, together with the applicable estimate, proposal, contract, change order, and invoice, constitute the agreement between the customer and Wommack Excavation.

If a project-specific written agreement conflicts with these general Terms, the project-specific written agreement will control.

If any provision is found unenforceable, the remaining provisions will remain in effect.

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18. Contact Us

Questions regarding these Terms of Service may be submitted through our website:

Wommack Enterprises LLC

Doing business as Wommack Excavation & Services

Phone: 573-470-4370

Website: www.wommackexcavation.com