Welcome to Millie Excavating. These Terms of Service ("Terms") govern your use of our professional excavating services and website. Whether you're scheduling sewer line repair, foundation excavating, french drain installation, or any of our specialized excavation services, by booking our services or using our website, you agree to be bound by these Terms. Please read them carefully.
1. Service Agreement & Booking Terms
When you book services with Millie Excavating, whether through our online contact form, by phone at (716) 253-9275, or through an on-site consultation, you enter into a binding service agreement. All bookings for excavation projects, sewer line services, water line work, or drainage solutions are subject to these Terms and any additional terms communicated at the time of booking.
Booking Requirements:
- Customers must provide accurate property information, including address, property type, and any relevant access details
- Property owners must disclose any pre-existing structural issues, water damage, known underground obstacles, or special conditions before service begins
- Property must be accessible during agreed-upon service hours with adequate space for equipment access
- We reserve the right to refuse service if conditions are unsafe, unsuitable, or if required permits cannot be obtained
- All excavation agreements must be signed by the property owner or authorized representative
2. Pricing & Payment Terms
All service pricing for excavating, sewer line repair, water line installation, drainage solutions, and foundation work is as quoted and confirmed at the time of booking. Current information about our services can be found throughout our website.
Payment Policies:
- Deposit Required: A deposit (typically 25-50% of total project cost) is required to secure your booking and schedule equipment
- Progress Payments: Payment schedule will be outlined in your contract, typically tied to project milestones (excavation complete, materials installed, final restoration)
- Final Payment: Final payment is due upon project completion and customer approval of site restoration
- Accepted Methods: Cash, checks, and all major credit cards
- Declined Payments: If payment is declined, customers have 48 hours to provide alternative payment. Work may be suspended until payment is received
- Change Orders: Work beyond the agreed scope (additional excavation, unexpected conditions, change requests) will be charged separately with written customer approval
- Material Upgrades: Customer-requested material upgrades or changes will be charged at current market rates plus handling fee
3. Cancellation & Rescheduling Policy
- Consultation Cancellation: Free consultation appointments can be cancelled or rescheduled up to 24 hours in advance at no charge. Contact us to reschedule.
- Project Cancellation Before Start: If you cancel after signing a contract but before work begins, deposit may be forfeited to cover planning time, equipment scheduling, and material ordering costs
- Project Cancellation After Start: If you cancel after work has begun, you are responsible for all work completed, materials ordered, and 25% of remaining contract value
- Weather Delays: We reserve the right to reschedule due to conditions that prevent safe work (extreme weather, frozen ground, excessive moisture affecting excavation quality)
- Permit Delays: Delays due to permit approval are beyond our control and do not constitute breach of contract
4. Service Guarantee & Quality Policy
We stand behind our work with a comprehensive satisfaction guarantee for all our excavation and utility repair projects.
Our Guarantee:
- If you're not satisfied with our work due to poor craftsmanship or incomplete service, we'll return to correct the issue at no charge
- Workmanship warranty: 1 year on labor for excavation and installation work; manufacturer warranties apply to materials and fixtures
- Site Restoration: We guarantee proper grading, cleanup, and restoration of your property to original or better condition
- Claims must be reported within 30 days of project completion
- Contact us at (716) 253-9275 or through our contact form with photos of the concern
- Our guarantee covers workmanship on all excavation services, not pre-existing conditions, settling, or normal wear and tear
- Warranty is void if unauthorized modifications are made to completed work
5. Project Timeline & Scheduling
- Estimated Timeline: Project timelines are estimates based on normal conditions. Sewer line repairs typically take 1-3 days; french drain installation takes 1-2 days; foundation excavating varies by project size
- Start Date: We'll provide a start date in writing. Start may be delayed due to permit approval, material availability, weather conditions, or equipment scheduling
- Working Hours: Standard working hours are Monday-Friday 8:00 AM - 6:00 PM, Saturday 9:00 AM - 3:00 PM (as specified in contract)
- Access Requirements: Customers must provide access to work areas, utilities, and parking for our equipment vehicles during scheduled hours
- Customer Availability: You'll be notified of key milestones requiring your approval or presence (utility marking, final inspection, site restoration approval)
6. Liability & Insurance
Millie Excavating is fully licensed and insured for your protection. However, certain limitations apply:
- Property Protection: We take reasonable precautions to protect your property during excavation work, including using equipment mats and protecting landscaping
- Pre-existing Conditions: We are not liable for pre-existing structural issues, code violations, hidden damage, or defects discovered during excavation
- Personal Property: Customers are responsible for removing and protecting personal items, valuables, landscaping, and structures from work areas
- Unforeseen Conditions: Hidden conditions (underground utilities, rock, water table issues, structural obstructions) discovered during work will be documented and may require additional costs
- Damage Claims: Any damage claims must be reported within 48 hours of discovery. Our liability is limited to the cost of repair or replacement
- Third-Party Work: We are not responsible for work performed by others before, during, or after our services
- Building Codes: We work to meet current building codes, but are not responsible for bringing pre-existing non-code-compliant elements up to code unless specifically contracted
7. Permits & Code Compliance
For projects requiring permits in Erie County, NY:
- We will obtain all necessary permits unless otherwise agreed in writing
- Permit costs are separate from labor and materials (specified in contract)
- Customer is responsible for providing accurate property information needed for permits
- Work will not commence until all required permits are approved and utility marking (Dig Safely New York - 811) is complete
- Permit delays do not constitute breach of contract
- All work will be performed to meet or exceed local building codes for Erie County
8. Site Preparation & Property Requirements
- Utility Marking: We will contact Dig Safely New York (811) to mark underground utilities before any excavation begins. Customer is responsible for marking private utilities (irrigation, septic, etc.)
- Site Access: Property owner must provide clear access to work areas, including removal of obstacles, gates unlocked, and adequate parking for equipment
- Property Protection: Customer should remove or protect valuable landscaping, structures, or personal property from work areas
- Soil Conditions: We will assess local soil conditions (Erie County clay, rock, high water table) and adjust methods accordingly, but are not responsible for pre-existing soil instability
- Site Restoration: We will restore your property to original or better condition, including grading, seeding preparation, and cleanup, as specified in contract
9. Materials & Equipment
- Material Approval: All materials, pipes, fittings, and finishes must be approved by customer before ordering
- Availability: We source quality materials but cannot guarantee availability. Acceptable substitutions will be offered if items become unavailable
- Custom Orders: Custom-ordered items (specialty pipes, fixtures, materials) cannot be returned or refunded once ordered
- Equipment: We own our excavation equipment (excavators, backhoes, skid steers) and will use appropriate equipment for each project
- Material Storage: Customer must provide secure, dry storage space for materials delivered to job site if needed
- Manufacturer Warranties: Products come with manufacturer warranties. We are not responsible for product defects covered under manufacturer warranty
10. Website Terms of Use
10.1 Acceptance of Terms
By accessing our website, you agree to be bound by these Terms and all applicable laws. If you disagree with any terms, please discontinue use of our website.
10.2 Use License
Permission is granted to view and download materials from our website for personal, non-commercial use only. You may not:
- Modify, copy, or distribute our content without permission
- Use materials for commercial purposes
- Remove copyright or proprietary notices
- Reverse engineer any website software
- Use our project photos without written permission
10.3 Content Disclaimer
Website materials are provided "as is" without warranties. We don't guarantee accuracy, completeness, or currentness of information and reserve the right to update content without notice. Project photos are representative examples and results may vary.
11. SMS Program & Text Messaging Terms
SMS Program Description
Millie Excavating offers text messaging services to provide consultation reminders, project updates, and promotional offers. By opting in to receive text messages, you agree to receive automated messages regarding:
- Appointment Confirmations: Booking confirmations and reminder texts for scheduled consultations and site visits
- Project Updates: Real-time notifications about project milestones, excavation progress, and completion status
- Promotional Messages: Exclusive offers and discounts for our excavating, sewer line, water line, and drainage services
- Service Completion: Notifications about project completion and final walkthrough scheduling
Opt-Out Instructions
You can stop receiving text messages at any time by:
- Text STOP: Reply "STOP" to any text message from us
- Contact Support: Call (716) 253-9275
- Online Request: Use our contact form to request removal from our SMS list
Message & Data Rates
Standard message and data rates may apply. Message frequency varies based on your project schedule and preferences. You can update your communication preferences at any time.
Carrier Liability Disclaimer
Millie Excavating is not liable for any delays, failures, or errors in text message delivery. Carriers are not liable for delayed or undelivered messages. We are not responsible for any charges incurred due to text messaging.
Age Restriction
You must be 18 years or older to opt-in to receive text messages from Millie Excavating. By providing your phone number and opting in, you confirm that you are at least 18 years of age.
12. Privacy & Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
13. Governing Law & Disputes
- Jurisdiction: These Terms are governed by New York State law
- Dispute Resolution: Any disputes will first be addressed through good-faith negotiation. If unresolved, disputes will be resolved in Erie County, NY courts
- Severability: If any provision is deemed invalid, remaining terms continue in effect
- Attorney Fees: In the event of legal action, the prevailing party may recover reasonable attorney fees and costs
14. Changes to Terms
Millie Excavating reserves the right to modify these Terms at any time. Updated terms will be posted on our website with a new effective date. Continued use of our services constitutes acceptance of revised terms. For active projects, terms in effect at contract signing will apply.
15. Contact Information
For questions about these Terms of Service, please contact us:
Lackawanna, NY 14218
Service Areas
We provide professional excavating services throughout Erie County, NY and surrounding communities including Lackawanna, Hamburg, Orchard Park, Williamsville, and all Western New York areas.
Last Updated: January 2026
Millie Excavating - Western New York's Excavation Specialists
Licensed, insured, and committed to excellence in excavation services throughout Erie County, NY.