Service Professionals– WGC shall perform the Services according to the terms of this Agreement utilizing WGC’s well Service Professionals (Service Professionals). WGC shall select the professionals, parts, materials, and equipment it deems necessary to perform the services. Work by anyone other than Service Professionals under the direction of WGC voids this Agreement.
Services -The Service Professional and WGC in consultation with the Customer will determine the Services to be performed to attempt to restore an adequate yield water supply. Services may include deepening, hydro-fracking an existing well, the addition of supplemental water storage, constructing a new well or repairing/replacing well components required to provide an adequate water supply. WGC shall make the final determination of Services. Additional services requested and performed which are not covered by this Agreement shall be billed to the Customer at WGC rates for those services. This Agreement does not provide services for the replacement of any water supply for statutory or regulatory purposes only (for example, changes in regulation, condemnation, etc.).
Well Drilling Maximum – WGC will drill a maximum of ten (10) wells or up to a combined maximum of 2,970 feet. Well drilling will cease when a yield test indicates 1 gallon per minute has been obtained (with adequate reserves), or upon drilling the maximum holes or feet.
Customer Response -WGC will respond to Customer within 24 hours, including weekends and holidays.
Assignment/Transferability/Termination- Service agreement is transferable to the new property owner of the subject property with the advanced written consent of WGC. WGC has the right to cancel the agreement with 30 days notice and provide a refund of a monthly prorated fee, except after being notified by Customer that Services are required. No refunds will be provided upon Member cancellation.
Adequate Yield- Approved state or county yield test or modified yield test performed by WGC professional, reporting a minimum one (1) gallon per minute yield.
Access to Property -Customer shall provide access to the property to WGC and it’s Service Professionals, and if necessary, site information including, but not limited to, site plans with building, septic and well envelopes, plats, as-builts, surveyed property corner stakes and any other documents needed to ensure that Services are performed wtihin County and State Codes.
Water Quality – WGC expressly does not represent and Customer agrees and understands that there is no guarantee that an adequate, health department approved water supply will be found. This Agreement is not applicable for repairs due to water quality issues and/or contamination caused by (but not limited to) bacteria, sediment, turbidity, sand, volatile organic chemicals, etc. WGC does not guarantee the quality of water; which repairs are at the Customer’s sole expense.
“WelGard® Support Services Membership Option (as applicable): Includes the immediate response and mobilization of advisory services and competent professionals to repair or replace (1.) a well yielding less than 1 gallon per minute (drilling a new well), (2.) all well components up to and including the pressure tank, including replacement of a defective well cap, water and electric line from the well to the house, well pump and connections, valves, fittings and adapters as determined by Well Guardian Corporation (WGC) as a result of a low or out of water situation. These Support Services DO NOT INCLUDE PAYMENT FOR ANY SUCH SERVICES, but includes the benefit of WelGard® pricing (i.e. lowest cost). This protection is subject to a 7-day waiting period, which begins from the Effective Date noted above. An Initial Inspection waives the waiting period and entitles the Member to 6 Months Free full protection for the optional inspection fee, as selected in Section 3 of the Agreement. WelGard® Support Services benefits include vetted and reliable professionals, WelGard® coordination and knowledgeable support of repairs as an advocate of the Member, and lowest costs repair – based on your input, where options are presented. If Support Services are purchased (i.e., not part of 6 months FREE), WelGard® further guarantees same day response and restoration of your water supply, or reimburses you for your hotel (up to $300 per night for up to 7 nights) provided decisions regarding repairs are made timely by the Member.
Payment, Fees and Terms – Annual, Monthly, Initial, and Adjustment Fees payments must be received prior to the Effective Date of the Agreement. Fees for non-covered services are payable in full when Services are completed. Wells over 500 feet deep are subject to additional fees, which if previously unknown (at the initiation of this Agreement), will be assessed and collected retroactively to the initial Effective Date when the actual depth is determined, upon WGC repair. Free emergency on-site service calls are limited to 3 per year, or are subject to a $250 fee per emergency visit and are payable upon the completion of services. WGC reserves the right to revise fees and charges as noted herein after the completion of the initial term of this Agreement and the then current charges and fees shall apply. This Agreement automatically renews; payment information on file will be used for automatic renewal. Cancellation by Member is effective as of the paid period. Failure to make timely payment immediately terminates WGC’s obligations under this Agreement. Returned checks are subject to $35 return check fee.
Hold Harmless – Customer will hold WGC and it’s Service Professionals harmless for any and all damage caused to the subject property, including lawns, shrubbery, trees, driveways, etc. which are caused by the normal servicing of the well and components, water and electric lines and drilling operations. All drilling debris is to remain at the job site.
Damages Due to Services – WGC or its Service Professionals shall not be held responsible for damage to underground utilities such as electric lines, cable TV, gas lines, sewer or irrigation lines and heads. Customer is responsible to mark or instruct the service crews, in writing, on items underground that might be damaged as a result providing Service (including calling Miss Utility). WGC specifically disclaims and this Agreement expressly excludes any liability of indirect, special, incidental, consequential or secondary damages including but not limited to, bodily injury or property damages of any nature. Except for negligence by WGC or is Service Professionals, WGC’s liability is limited to the annual Agreement fee, and customer releases WGC from any additional liability, after performance of contractual services. Customer agrees to indemnify, defend and hold WGC harmless if any Third Party brings a claim against WGC relating to Services performed under this Agreement.
M “Limitations -WGC and its Service Partners are not responsible for defects to exterior well components existing as of the initial Effective Date of this Agreement, or Member damages from misuse or negligence including, but not limited to, opening the well, hitting the well with any object, destruction of water or electrical lines, normal wear/corrosion not affecting the quantity of water, or other acts which at the discretion of WGC void this Agreement. WGC Services do not cover repairs related to (a) water quality due to contaminated ground water having no connection with the proper function of the well or its components, (b) surface water intrusion/well contamination due to faulty concrete, steel or other casements located below grade, (c) water usage which exceeds the required 1 GPM minimum well yield (d) water treatment equipment malfunction (d) inadequate water pressure due to internal plumbing and (e.) ancillary costs including, but not limited to living expenses during repair, business interruption, relocation expense or similar costs, damages to property, other than damage to water system components covered by this agreement. Member will be responsible for a service charge of $125.00 (plus additional parts and labor) per requested service call for any request(s) to remediate an issue not found to be a well defect and not affecting quantity of water. Member agrees to cooperate to minimize any and all conditions that may contribute to well or pump failure.
BENEFITS ARE LIMITED UNDER THIS AGREEMENT AND EXCLUDE ALL CHARGES RELATING TO ACCESSING THE WELL FOR NEEDED REPAIRS.BY OBSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO, LANDSCAPE OR TOPOGRAPHY FEATURES MAKING THE WELL HEAD INACCESSIBLE (INCLUDING BURIED WELLS). INCREMENTAL COSTS OF ACCESSING THE WELL AND MAKING REPAIRS ARE HEREBY EXCLUDED. WELLS BETWEEN 500′ AND 1,000′ ARE SUBJECT TO SURCHARGE RETROACTIVE TO THE START DATE OF THE AGREEMENT, AT RATES NOTED HEREIN; AND WILL BE PAID PRIOR TO THE INITIATION OF REPAIRS. WELLS OVER 1,000 FEET ARE INDIVIDUALLY PRICED.”
Testing – WGC is not responsible for any costs relating to equipment and well failures resulting from well yield testing (modified or regulatory) performed prior to the acceptance of this Agreement, including 3 and 6 hour tests as required by codes.
Change in Law-This Agreement is made in accordance with existing laws, rules and regulations. Any change in law, rules or regulations as it pertains to the services provided, WGC reserves the right to revise or terminate this Agreement.
Entire Agreement- This Agreement constitutes the entire agreement. Modification must be made in writing and signed by a corporate officer of WGC. This Agreement will be governed by and construed under the laws of the State of Maryland and each party consents to the personal jurisdiction and venue of the State and Federal courts of that State.
Enforcement-If any provision of this Agreement is deemed invalid, the invalid provision shall not affect the enforcement of any other.
Default- failure to pay any service fee or on-site fee will suspend all WGC services and may result in termination of this agreement and WGC’s obligations under this Agreement shall become null and void.
Change in Conditions- Should it become necessary to suspend or delay Services beyond the terms set forth herein due to conditions beyond WGC’s control, the temporary delay or discontinuance of Service shall not breach this Agreement.
Force Majeure-WGC’s liabilities and/or obligations under this Agreement shall be terminated if WGC is prevented from fulfilling its responsibilities under this Agreement by reason of delays or shortages of parts, acts of war, acts of God including but not limited to earthquakes, storms, floods, fires or if an act of God substantially alters or destroys the effectiveness of the Services.
Written Communications-Inquiries must be made in writing to WGC, Attn. Legal Dept. 3869 Floaing Bridge Trail, Wilmington, NC 28412
