Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Soils.com ("Company," "we," "us," or "our"), governing all sales, deliveries, and related services provided by Soils.com.

By submitting a quote request, placing an order, signing a purchase order, or accepting delivery of any materials, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any policies incorporated herein by reference.

If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Soils.com supplies and delivers bulk materials, including soils, sands, aggregates, recycled materials, and related construction and landscaping products for residential, commercial, civil, and landscape applications.

All materials are sourced from third-party suppliers. Specific gradation, size, and specification compliance should be confirmed in writing at the time of order when required for permitted or engineered projects.

Soils.com provides delivery services only. We do not provide installation, grading, placement, spreading, compaction, or any other on-site labor services unless separately agreed to in writing.

Minimum Order: Minimum order quantities may vary by material, supplier, truck type, delivery location, and current availability. Any applicable minimum will be shown or communicated before an order is confirmed.

Quotations: All price quotations issued by Soils.com are valid for fourteen (14) calendar days from the date of issuance unless otherwise stated in writing. Quoted prices are subject to change due to fuel surcharges, material availability, or market conditions after the expiration of the quote period.

Order Confirmation: An order is not confirmed until Soils.com has provided written or verbal confirmation, including agreement on material type, quantity, delivery address, and scheduling. Quote requests do not constitute an accepted order.

Quantity Estimates: Any calculator tools, quantity estimates, or tonnage projections provided by Soils.com are provided for general planning purposes only and do not constitute a guarantee of sufficiency for your specific project.

Payment Due: Unless otherwise agreed in writing, full payment is due prior to or upon delivery of materials. Soils.com reserves the right to require payment in full before scheduling any delivery.

Accepted Methods: We accept payment by check, ACH bank transfer, and major credit cards. A processing fee may apply to credit card transactions.

Net Terms: Net payment terms may be offered to qualified commercial accounts at Soils.com's sole discretion and subject to a credit application and approval. Approved credit terms will be stated in writing.

Late Payment: Accounts past due are subject to interest at the rate of 1.5% per month (18% per annum), or the maximum rate permitted by Florida law, whichever is less. Soils.com reserves the right to suspend or cancel future deliveries for accounts with outstanding balances.

Returned Checks: A $50 returned check fee will be charged for any payment returned due to insufficient funds or account issues.

Delivery Responsibility: Soils.com arranges transportation and delivery logistics. Delivery is made to the Customer's designated site address within the service area confirmed for the order.

Site Access: Customer is solely responsible for ensuring that the delivery site is accessible for standard commercial dump trucks. Customer must notify Soils.com in advance of any known access restrictions, weight limits, permit requirements, narrow entrances, low-clearance obstacles, soft ground, or overhead obstructions.

Site Conditions: Soils.com and its carriers are not responsible for damage to driveways, lawns, underground utilities, landscaping, or other surface or subsurface improvements resulting from delivery vehicle access where Customer has approved or directed the delivery route. Customer assumes full responsibility for identifying and protecting underground utilities and structures.

Delivery Days: Delivery dates and times are estimates only. Soils.com will make reasonable efforts to honor scheduled delivery days but is not liable for delays caused by traffic, weather, equipment issues, supplier conditions, or other circumstances beyond our control.

Unloading: Delivery drivers will deposit material at a location as close as safely accessible to the designated delivery point. Material placement beyond the accessible dump point is the Customer's responsibility. Soils.com does not provide spreading, grading, compaction, or mechanical placement services.

Failed Deliveries: If a delivery cannot be completed due to inaccessible site conditions, Customer unavailability, or other Customer-caused circumstances, a re-delivery fee will apply. Customer may also be responsible for any return-trip fuel and transportation costs.

Inspection: Customer or Customer's authorized representative should inspect all materials upon delivery. Any claims regarding material type, visible defects, or short delivery must be noted on the delivery ticket at the time of delivery and reported to Soils.com within twenty-four (24) hours.

Natural Variation: Soils, sands, aggregates, stone, recycled materials, and other bulk products are natural or processed bulk materials. Color, texture, moisture, shape, composition, and precise gradation will vary naturally between loads and between material sources. Such variation does not constitute a defect. Soils.com does not guarantee uniformity of appearance.

No Returns: Due to the nature of bulk materials, materials delivered and deposited on-site are non-returnable and non-refundable unless a material error (wrong product delivered) is reported within 24 hours of delivery and confirmed by Soils.com.

Title to and risk of loss of all materials passes from Soils.com to Customer at the moment materials are deposited at the delivery site. From that point forward, Customer bears all risk of loss, theft, damage, or destruction of the materials.

Customer Cancellation: Orders may be cancelled without penalty if notice is provided to Soils.com at least twenty-four (24) hours before the scheduled delivery. Cancellations made within 24 hours of a scheduled delivery may be subject to a cancellation fee equal to the applicable fuel and transportation costs already incurred.

Soils.com Cancellation: Soils.com reserves the right to cancel or reschedule any order due to material unavailability, weather conditions, equipment failure, unsafe site access, or other circumstances beyond our reasonable control. In such cases, Customer will receive a full refund of any amounts paid for the cancelled delivery.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOILS.COM'S TOTAL LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ORDER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC DELIVERY GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL SOILS.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, PROJECT DELAYS, OR COST OF REPLACEMENT MATERIALS, EVEN IF SOILS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Soils.com is not liable for project delays, permit denials, regulatory non-compliance, or any losses arising from a Customer's reliance on quantity estimates, calculator tools, or general information provided on our website or by our representatives.

Customer agrees to indemnify, defend, and hold harmless Soils.com, its owners, employees, agents, carriers, and subcontractors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Customer's use, handling, placement, or storage of delivered materials;
• Customer's failure to ensure safe and adequate site access;
• Customer's violation of any applicable law, regulation, or permit condition;
• Any third-party claim arising from the Customer's project;
• Customer's breach of these Terms.

Soils.com is a material supplier under Florida's Construction Lien Law, Chapter 713, Florida Statutes. As such, Soils.com expressly reserves all rights to serve a Notice to Owner (NTO) and to claim a construction lien against the real property to which materials are delivered, in the event of non-payment.

Soils.com may serve Notices to Owner on delivery projects as a standard business practice. Service of an NTO does not indicate a dispute or claim; it is a procedural step to preserve statutory lien rights.

Property owners are advised that under Florida law, if a contractor fails to pay Soils.com for materials delivered to your property, you may be personally liable for that unpaid amount even if you have already paid your contractor in full. Property owners are strongly encouraged to require lien waivers from all material suppliers before releasing payment to contractors.

These Terms and all transactions between Customer and Soils.com shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and Customer hereby irrevocably consents to the personal jurisdiction and venue of such courts.

Before initiating any formal legal proceeding, Customer agrees to contact Soils.com in writing at contact@soils.com to attempt to resolve the dispute informally. Soils.com will respond within ten (10) business days.

If informal resolution is unsuccessful within thirty (30) days, either party may pursue available remedies. Nothing in this section prevents Soils.com from seeking injunctive relief or enforcing lien rights without prior notice.

Attorney's Fees: In any dispute arising from these Terms, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, as permitted by Florida Statute section 57.105.

Soils.com collects contact and project information submitted through our website quote forms and communications solely for the purpose of fulfilling orders, responding to inquiries, and conducting our business. We do not sell, rent, or share your personal information with third parties except as necessary to complete deliveries, such as with our carriers, or as required by law.

By submitting information through our website or otherwise communicating with Soils.com, you consent to our collection and use of that information for business purposes.

Soils.com uses Stripe, Inc. as its third-party payment processor for online and card-based transactions. When you provide payment information through our website or payment links, that information is transmitted directly to and processed by Stripe in accordance with their own Terms of Service and Privacy Policy, available at stripe.com/legal.

Data Handling: Soils.com does not store, transmit, or have access to your full credit card or bank account numbers. All payment data is tokenized and secured by Stripe. Soils.com receives only a transaction confirmation and the last four digits of your card for record-keeping purposes.

Processing Fees: Credit and debit card transactions may be subject to a payment processing fee. This fee, if applicable, will be disclosed prior to completing your transaction. ACH/bank transfers are generally not subject to processing fees.

Chargebacks and Disputes: If you initiate a chargeback or payment dispute with your card issuer, Soils.com reserves the right to provide all relevant transaction and delivery documentation to Stripe and your card issuer. Fraudulent chargebacks may result in suspension of service and referral to collection or legal proceedings.

Refunds: Refunds, when applicable under these Terms, are processed through Stripe and may take 5-10 business days to appear on your statement depending on your financial institution.

Soils.com reserves the right to update or modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Your continued use of our services or placement of orders after such changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically. For material changes, we will make reasonable efforts to notify active customers by email.

For questions about these Terms of Service, please contact us:

• Soils.com
• Phone: 844-764-5726
• Email: contact@soils.com
• Service Area: Supported delivery markets shown on Soils.com