top of page

Terms & Conditions

Terms & Conditions

Effective Date: January 16, 2026

These Terms & Conditions (“Terms”) govern your use of the Peyman Landscape and Excavation LLC website and any requests for services, estimates, or communications submitted through this website.

By accessing this website, requesting an estimate, or hiring Peyman Landscape and Excavation LLC (“Company,” “we,” “our,” or “us”), you agree to these Terms.

1) Company Information

Peyman Landscape and Excavation LLC
Service Area: Massachusetts & New Hampshire
Phone: (978) 930-1556
Email: mike@peymanlandscaping.com
Alternate Email: peymanlandscape@gmail.com

2) Website Use

This website is provided for general informational purposes and to allow customers to request estimates, contact us, or learn about our services. You agree not to:

  • misuse the site or attempt to disrupt its functionality

  • submit false information

  • attempt unauthorized access to the website or systems

We may update, change, or remove website content at any time without notice.

3) Estimates & Pricing

Any pricing, estimates, or timelines provided through this website, email, phone, or in person are non-binding until confirmed in writing by the Company.

Estimates may change due to:

  • site conditions not visible at the time of estimating (buried debris, stumps, ledge/rock, unstable soil, drainage issues, etc.)

  • changes requested by the customer

  • permit requirements

  • material price changes or supplier availability

  • disposal/transfer station fees and weight-based dumping charges

4) Scheduling & Delays

Project scheduling is based on availability, weather, and equipment scheduling. Outdoor work is affected by conditions and the Company is not responsible for delays due to:

  • weather (rain, frost, snow, frozen ground, extreme heat, etc.)

  • supplier/material delays or availability

  • equipment breakdown, repair, or rental scheduling

  • permit or inspection delays

  • customer delays (late approvals, restricted access, unpaid balances)

  • other unforeseen circumstances beyond the Company’s reasonable control

5) Deposits & Payments

Payment terms vary by project size and type. Unless otherwise agreed in writing:

  • A deposit may be required to secure scheduling and material ordering.

  • Final payment is due upon completion of the agreed scope.

  • Past due balances may result in work stoppage, rescheduling delays, or cancellation.

Accepted payment methods may include cash, check, electronic payment, or invoice payment (if offered).

6) Cancellations & Rescheduling

If you cancel or reschedule after we have reserved your time, mobilized equipment, or ordered materials, you may be responsible for applicable costs including:

  • mobilization charges

  • delivered materials

  • equipment delivery fees

  • disposal charges already incurred

  • labor time already scheduled

Deposits may be non-refundable if used for ordering materials or reserving equipment.

7) Site Access & Customer Responsibilities

The customer is responsible for ensuring that the work area is accessible and safe. This includes:

  • clear access for equipment and vehicles

  • marking known private utilities, sprinklers, septic systems, invisible fences, drainage lines, etc.

  • securing pets and ensuring children stay away from work areas

  • obtaining HOA approvals when required

If the Company arrives and cannot access the work site due to restrictions or unprepared conditions, a trip charge or rescheduling fee may apply.

8) Underground & Unmarked Conditions

Digging and excavation work comes with risks due to unknown/unmarked underground objects. The customer acknowledges that the Company is not responsible for damage caused by:

  • hidden stumps, roots, boulders, debris, or buried construction waste

  • unmarked/unknown irrigation, wiring, septic lines, drains, fences, or low-voltage lines

  • utilities not properly disclosed or marked

We will cooperate with utility locating services when applicable, but the customer remains responsible for privately installed or non-public lines.

9) Property Damage & Surface Impact

Landscaping and excavation equipment may affect lawns, driveways, walkways, curbing, turf, and surrounding areas. While we take reasonable care to avoid unnecessary disturbance, the customer agrees that:

  • some ground disturbance may be unavoidable (ruts, tire marks, turf wear, soil compaction)

  • restoration may require additional materials and labor unless included in the scope

  • fragile surfaces or edges may crack or shift due to weight and vibration

If restoration or repairs are requested beyond the agreed scope, they will be treated as additional work.

10) Materials & Ownership

Materials delivered to the jobsite become the customer’s responsibility once delivered. The Company is not responsible for theft, damage, or loss of materials after delivery unless otherwise agreed in writing.

Material pricing is subject to change based on supplier pricing.

11) Change Orders / Scope Changes

Any change to the scope of work must be agreed upon in writing. Scope changes may affect price and timeline. Examples include:

  • added removal or disposal

  • additional grading/loam

  • extra drainage or stone

  • expanded hardscape footprint

  • unexpected ledge/rock removal

  • additional labor requested

12) Warranties & Workmanship (Warranty Policy)

Unless otherwise stated in writing, Peyman Landscape and Excavation LLC provides workmanship consistent with industry standards and professional practices. Due to the nature of outdoor construction and site conditions, the following terms apply:

A) General Workmanship

We stand behind the quality of our labor; however, natural settling, shifting, erosion, drainage changes, and weather-related impacts are not workmanship defects and are considered normal conditions that may require maintenance over time.

B) Landscape / Lawn Work

Lawn installation, loam, grading, and seed/sod results can vary due to factors outside our control including soil conditions, watering, weather, animals, and seasonal timing.

Unless specifically included in writing:

  • we do not guarantee grass growth, seed germination, or sod survival

  • customers are responsible for watering and basic maintenance unless otherwise agreed

C) Drainage Work

Drainage improvements reduce and redirect water, but results can be affected by:

  • extreme weather events

  • seasonal water tables

  • unknown underground conditions

  • water originating from neighboring properties or public systems

Unless stated in writing:

  • we do not guarantee that all water issues will be eliminated

  • we do not warranty drainage performance for conditions outside the project scope

D) Hardscape, Stone, and Masonry Work

Hardscapes and masonry are subject to settling, frost movement, and natural ground shifting. Minor movement, joint wear, or edge changes may occur over time.

Unless specified in writing:

  • normal seasonal shifting, settling, and freeze/thaw movement is not considered a defect

  • polymeric sand and joint materials may require maintenance depending on weather and usage

E) Customer Materials / Customer Requests

We do not warranty materials supplied by the customer or work performed against our recommendation. If a customer requests a method or material that is not recommended, the Company is not responsible for performance issues related to that decision.

F) Repair Opportunities

If there is a workmanship issue, the customer must contact the Company within a reasonable timeframe and allow the Company an opportunity to inspect and correct the issue. Warranty coverage does not apply if:

  • other contractors modify the work

  • the work is damaged by misuse, neglect, vehicles/equipment, animals, or external conditions

  • the customer fails to maintain the site reasonably

13) Service Disclaimers (Important Excavation & Outdoor Work Notice)

Due to the nature of excavation, site work, and landscaping services, the customer acknowledges the following:

A) Rock, Ledge, and Buried Debris

Subsurface conditions vary widely. The Company is not responsible for unexpected work caused by:

  • ledge, large boulders, or dense rock areas

  • buried concrete, asphalt, old foundations, stumps, roots, or construction debris

  • buried garbage, metal, or unknown materials

If these conditions are discovered, additional labor, equipment time, disposal, or specialty subcontracting may be required and will be treated as a scope change.

B) Wet Conditions, Mud, and Ground Saturation

Soil conditions can change quickly with rain, thawing, snow melt, or groundwater. The Company is not responsible for:

  • mud, rutting, or soil disturbance caused by wet ground conditions

  • delays due to unsafe or damaging ground conditions

  • access limitations caused by softness/saturation

If the customer requests work to continue despite wet conditions, additional restoration may be required and may be billed accordingly.

C) Access Restrictions & Hidden Obstacles

Jobsite access impacts scheduling, equipment selection, and results. The Company is not responsible for delays or added costs resulting from:

  • gates, narrow access, low wires/branches, tight driveways, septic fields, hidden drainage lines

  • restrictions not disclosed prior to the scheduled work

  • neighbors’ property lines, easements, or access issues

D) Restoration Limits

Unless included in writing, restoration does not automatically include:

  • full lawn replacement

  • reseeding beyond disturbed zones

  • regrading areas outside the work zone

  • repairing pre-existing damage (sinkholes, failing drainage, crumbling edges, old asphalt/concrete)

14) DigSafe / Utility Locating Notice

For excavation-related work, utility locating may be required. The customer acknowledges:

  • Call 811 / DigSafe typically marks public utilities only

  • the customer is responsible for identifying or disclosing private utilities such as irrigation lines, septic systems, invisible fences, private wiring, private drainage lines, propane lines, or other non-public systems

  • the Company is not responsible for damage to unmarked or undisclosed private utilities

15) Right to Refuse or Stop Work

The Company reserves the right to refuse service, pause work, or discontinue service if:

  • jobsite conditions are unsafe

  • customer behavior is abusive, threatening, or unreasonably disruptive

  • access is restricted or hazardous

  • balances are unpaid or payment terms are violated

  • the scope of work changes in a way that creates unsafe conditions

If work is stopped due to these conditions, the customer remains responsible for costs incurred up to that point, including labor time, mobilization, materials, disposal, and equipment charges.

16) Collections & Lien Rights (Non-Payment)

Unpaid balances may be subject to collection action. The Company reserves all rights and remedies available under applicable Massachusetts or New Hampshire law, including, when applicable, the right to pursue payment through lawful collection methods and enforce any available lien rights.

17) Photos, Media & Marketing

The Company may take before-and-after photos or videos of work for documentation, quality control, and marketing purposes. Photos will not include identifying personal information unless expressly approved.

If you prefer your property not be used in marketing materials, you must notify us in writing.

18) Limitation of Liability

To the maximum extent permitted by law, Peyman Landscape and Excavation LLC is not liable for indirect, incidental, special, or consequential damages related to website use, scheduling issues, project delays, or site conditions outside our control.

Our total liability for any claim is limited to the amount paid to the Company for the specific service giving rise to the claim.

19) Governing Law

These Terms are governed by the laws of the state where the work is performed (Massachusetts or New Hampshire), unless otherwise required by applicable law.

20) Non-Discrimination Statement

Peyman Landscape and Excavation LLC is committed to providing a professional, respectful, and inclusive environment for all customers, partners, and community members.

We do not discriminate in our business operations, services, hiring, or customer relationships on the basis of:

  • race

  • color

  • religion

  • sex

  • sexual orientation

  • gender identity or expression

  • national origin

  • age

  • disability

  • veteran status

  • marital status

  • or any other status protected by applicable federal, state, or local law

21) Updates to Terms

We may update these Terms at any time. Updates will be posted on this page with the revised effective date.

bottom of page