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Terms and Conditions
Effective Date: September 17, 2026
Last Updated: September 17, 2026
These Terms and Conditions (“Terms”) govern your use of pel-llc.com, our online store, and related online services operated by Post Excavating & Landscaping LLC (“Post Excavating,” “we,” “our,” or “us”). These Terms also govern online orders placed for pickup at our supply yard.
Please read these Terms before using the website or placing an order. By using the website, submitting an order, or affirmatively accepting these Terms, you agree to be bound by them. If you do not agree, do not use the website or place an online order.
Business Information
Post Excavating & Landscaping LLC
3690 Burrville Rd
Fort Recovery, OH 45846
Email: [email protected]
Telephone: (419) 375-0103
Scope of These Terms
These Terms govern:
Use of our website and online forms;
Online purchases of eligible products;
Payment processing and supply-yard pickup of online orders;
Website communications, including automated communications; and
Content submitted directly to Post Excavating & Landscaping LLC through the website or another authorized method.
These Terms do not replace a written proposal, estimate, work order, service agreement, change order, or other contract for landscaping, excavation, demolition, site work, snow removal, installation, maintenance, or another professional service. Those services are governed by a separate written agreement. If a signed service agreement conflicts with these Terms, the signed service agreement controls for that service.
Products purchased in person at the supply yard may also be subject to product-specific or point-of-sale terms disclosed before purchase. Bulk materials, plants, trees, pavers, and other products that are not sold through the online store remain subject to availability and applicable supply-yard policies.
Eligibility and Authority
You must be at least 18 years old to place an online order. By placing an order, you represent that the information you provide is accurate and that you have legal authority to use the selected payment method.
If you place an order for a business, contractor, organization, or another person, you represent that you are authorized to act for and bind that party.
Online Store Products
Our online store currently offers eligible fountains, furniture, statues, flagpoles, and plaques for pickup at our supply yard. Products available in person, including mulch, stone, topsoil, plants, trees, and pavers, may not be available for online purchase.
Product availability may change without notice. A product shown online may become unavailable before we accept or prepare an order.
Product Descriptions and Appearance
We try to provide accurate photographs, dimensions, colors, materials, specifications, and descriptions. Nevertheless:
Screen settings and lighting may affect how colors appear;
Manufactured products may have reasonable variations between production runs;
Stone, concrete, cast products, wood-like finishes, and other materials may have natural or expected differences in color, texture, pattern, finish, or dimensions;
Measurements and weights may be approximate; and
Product photographs may show optional accessories, surroundings, or decorative items that are not included.
Before purchasing, review the product description and contact us with questions. A reasonable variation that does not materially change the product’s identity or intended use is not necessarily a defect. Nothing in this section limits rights that cannot lawfully be waived.
Prices, Taxes, and Fees
Prices are shown in U.S. dollars. Unless stated otherwise, listed prices do not include applicable sales tax or separately disclosed fees. The order total shown at checkout will identify the amount charged for the selected products, applicable taxes, and any disclosed fees.
Prices and promotions may change before an order is submitted. A price change will not alter the price of an order we have already accepted, except when the displayed price resulted from an obvious technical or clerical error and the law permits correction.
Online prices apply to eligible online products and do not constitute a quote for landscaping, excavation, installation, delivery, or another professional service. Contractor, wholesale, volume, tax-exempt, or other special pricing may require separate approval and documentation.
Submitting and Accepting an Order
Submitting an order is an offer to purchase the listed products under these Terms. An automated confirmation means that we received your order; it does not necessarily mean that we have accepted it or confirmed that every product is available.
We may verify inventory, price, payment status, and pickup information before accepting an order. We accept an order when we send a confirmation that the order has been accepted or is ready for pickup, or when we otherwise prepare and release the product to you.
We may reject or cancel an order for a reasonable business or legal reason, including:
A product is unavailable;
A price, description, or inventory error occurred;
Payment is declined, reversed, disputed, or suspected to be unauthorized;
We reasonably suspect fraud, misuse, or unlawful activity;
A quantity limit applies;
We cannot safely or lawfully complete the transaction; or
Information needed to process or release the order is missing or inaccurate.
If we cancel an order after payment has been captured, we will issue a refund to the original payment method. Bank and payment-processor timing may affect when the credit appears.
Square Payment Processing
Post Excavating & Landscaping LLC is the seller of products offered through the online store. We use Square, a service of Block, Inc., to process online, point-of-sale, and manually entered telephone payments.
When you submit payment information, Square collects and processes it under Square’s terms and privacy notices. Post Excavating & Landscaping LLC and LeadSpeed do not receive or store your complete card number or card security code. We may receive transaction information such as your name, billing information, ordered items, payment amount, transaction identifier, payment status, card brand, and limited card information such as the last four digits.
You authorize Post Excavating & Landscaping LLC and Square to charge the selected payment method for the order total shown at checkout. A payment authorization or captured payment does not require us to fulfill an order that we cannot lawfully or reasonably accept. If we cancel a charged order, we will send the refund to the original payment method.
Review Square’s Privacy Notice and other Square terms presented during checkout for information about Square’s practices.
Pickup-Only Fulfillment
Online orders are available for pickup only at:
Post Excavating & Landscaping LLC
3690 Burrville Rd
Fort Recovery, OH 45846
We do not currently ship or deliver online orders. Do not travel to the supply yard until you receive notice that the order is ready for pickup.
The person collecting an order must provide the purchaser’s name and order number or other reasonable proof of purchase. Another person may collect the order if that person presents adequate proof of purchase or authorization. We may contact the purchaser to verify authorization before releasing an order.
Pickup is available during applicable business hours or at another time confirmed by us. Posted hours may change because of season, weather, holidays, staffing, or operational needs.
Pickup Period
Please pick up an order within the period stated in the ready-for-pickup notice or make another arrangement with us. We may contact you concerning an uncollected order. Any deadline after which an order may be cancelled, returned to inventory, or subject to a storage or cancellation charge will apply only if it was clearly disclosed before purchase or later agreed with you.
Loading, Vehicles, and Safe Pickup
Some products may be heavy, oversized, fragile, or difficult to secure. You are responsible for bringing a suitable vehicle, trailer, restraints, protective materials, and sufficient assistance to transport the product safely and lawfully.
You are responsible for complying with vehicle payload, trailer, tie-down, visibility, and roadway requirements. We may refuse to load or release a product when we reasonably believe the vehicle, trailer, loading method, or proposed transport is unsafe or unlawful.
If our staff assists with loading, you remain responsible for inspecting and securing the load before leaving. We are not responsible for damage caused by an unsuitable vehicle, inadequate restraints, overloading, movement during transport, or the customer’s failure to secure or protect the product. This provision does not excuse damage caused by our negligence or limit liability that cannot legally be limited.
Inspection and Transfer of Responsibility
Please inspect the product at pickup for visible damage, missing components, or an incorrect item. Notify our staff before leaving when a problem is visible.
Responsibility for loss or damage ordinarily transfers to the purchaser when the correct product is inspected and released at pickup. This does not eliminate a valid claim involving a concealed defect, incorrect product, warranty, or problem that could not reasonably have been discovered during pickup.
Order Cancellation
You may request cancellation before an order is picked up. Contact us promptly at (419) 375-0103 or [email protected].
For ordinary stock merchandise, we will generally cancel the uncollected order and issue a refund to the original payment method. A cancellation may be limited if the order has already been released, if a product has been altered at your request, or if a separate special-order term was clearly disclosed and accepted before purchase.
The products currently offered online are not customized or personalized. If customized or special-order products are offered in the future, their deposit, cancellation, and refund terms will be disclosed before purchase.
Online Product Returns and Refunds
The applicable return period will be clearly displayed on the product page, in the cart, at checkout, or in a linked Return Policy before purchase. Unless that disclosure states otherwise, an eligible online-store product must be returned within the disclosed period and must be:
Unused and uninstalled;
Unassembled, unless it was sold or provided assembled;
Undamaged after pickup;
Complete with its included parts and accessories;
In its original packaging when reasonably applicable; and
Accompanied by the order number or other proof of purchase.
The customer is responsible for safely transporting a return to the supply yard. Contact us before returning a large, heavy, or fragile product so that we can confirm timing and handling.
Refunds for approved returns will be issued to the original payment method. Bank and payment-processor timing may affect when the refund appears. Original transportation or third-party costs, if any were separately incurred and disclosed, are not refundable unless required by law or the return results from our error.
The following are not eligible for a discretionary return unless defective, materially misdescribed, incorrectly supplied, or otherwise returnable under applicable law:
Products damaged after pickup;
Products altered, installed, or used by the customer;
Products missing material components;
Clearance, display, or “as-is” products clearly identified as final sale before purchase; and
Customized or special-order products if their final-sale status was clearly disclosed and accepted before purchase.
No restocking fee applies to an online-store return unless the amount or method of calculating the fee was clearly and conspicuously disclosed before purchase.
This return policy does not limit rights or remedies that cannot legally be waived. Products purchased in person at the supply yard may be subject to a separate return policy clearly disclosed before purchase.
Incorrect, Damaged, or Defective Products
If you receive the wrong product or discover that a product was damaged before release, notify us immediately so that we can correct the order.
For a concealed defect, missing component, or other problem not reasonably discoverable at pickup, contact us promptly after discovery. Providing the order number, a description, and clear photographs may help us evaluate the issue.
Depending on the circumstances and applicable law, an appropriate remedy may include completing missing components, repair, replacement, exchange, partial credit, refund, or assistance with a manufacturer-warranty claim. We may reasonably request an opportunity to inspect the product before providing a remedy.
Manufacturer Warranties
Some products may include a manufacturer warranty. Any manufacturer warranty is governed by the manufacturer’s written terms, including its duration, exclusions, claim procedure, and available remedies.
We may assist with a manufacturer-warranty claim but do not expand or replace the manufacturer’s warranty unless Post Excavating & Landscaping LLC separately provides a written warranty. Keep your order confirmation, receipt, product documentation, serial number, and warranty materials.
Statements by an automated system or staff member do not create a warranty unless the warranty is confirmed in writing by an authorized representative.
Supply-Yard Products Not Sold Online
Bulk materials, plants, trees, pavers, and other supply-yard products not offered through the online store are available in person and are subject to on-site availability.
Natural and bulk materials may vary in color, texture, moisture, size, composition, and appearance. Coverage and quantity estimates are estimates and may vary based on depth, compaction, grading, waste, site conditions, and measurement methods.
Any return, exchange, final-sale, warranty, loading, or quantity policy for an in-person supply-yard product should be reviewed before purchase and will be disclosed as required by applicable law.
Professional Services and Separate Agreements
Information on the website about landscaping, excavation, demolition, site development, snow removal, installation, or other services is general information and an invitation to request a consultation. It is not a binding quote, promise, or service contract.
A service begins only after the parties enter an applicable written agreement or otherwise provide written authorization. Project scope, price, deposit, schedule, site conditions, change orders, warranties, cancellation, payment, access, utility marking, permits, and other project terms will be addressed in the applicable proposal or service agreement.
Customers may have statutory cancellation rights for certain transactions entered into at a residence or away from our regular place of business. Nothing in these Terms eliminates a cancellation right that applies under Ohio, Indiana, federal, or other applicable law. Any legally required cancellation notice should be provided with the applicable service agreement.
Estimates, Quotes, and Automated Information
Website content, chatbot responses, text messages, telephone discussions, and automated communications may provide general information. They do not constitute a final quote or
binding agreement unless confirmed in a written proposal, order, or contract by an authorized Post Excavating & Landscaping LLC representative.
We use automated systems and artificial intelligence to assist with inquiries, scheduling, communications, order updates, and customer service. Automated content may contain errors or misunderstand a request. Confirm important details, including price, product, availability, measurements, pickup timing, scope, and contract terms, with our staff.
Electronic Communications and Text Messages
By providing contact information in connection with an order, inquiry, appointment, or service, you agree that we may send communications reasonably necessary to administer that transaction or relationship. These may include payment confirmations, order updates, pickup-ready notices, scheduling messages, responses to questions, project updates, warranty or safety notices, and requests for feedback.
Operational communications may be sent using automated technology. They are not promotional messages and may be necessary to complete an order, pickup, appointment, or project.
Promotional email and text-message consent is optional and is not a condition of purchase. Promotional consent should be requested separately from acceptance of these Terms. Message frequency may vary, and message and data rates may apply.
You may opt out of promotional text messages by replying STOP and request help by replying HELP. You may unsubscribe from promotional emails using the unsubscribe link or by contacting us. An opt-out does not prevent non-promotional communications concerning an active order, pickup, project, warranty, safety matter, or legal obligation.
Customer Reviews, Photographs, and Other Content
You retain ownership of reviews, photographs, testimonials, and other original content you create.
If you voluntarily submit content directly to Post Excavating & Landscaping LLC through a form or other submission method that clearly requests permission for publication, and you provide that permission, you grant Post Excavating & Landscaping LLC a nonexclusive, worldwide, royalty-free license to use, reproduce, display, adapt for size or format, and distribute the submitted content for the purposes disclosed at submission, including our website, social media, portfolio, printed materials, and advertising.
You represent that you own the submitted content or have permission to provide it, and that our authorized use will not violate another person’s rights. We will not materially change the meaning of a review or testimonial.
A review independently posted on Google or another third-party platform is governed by that platform’s rules. These Terms do not automatically give us permission to copy or republish it in our own marketing. We will obtain the reviewer’s permission before manually copying, quoting, screenshotting, or featuring the review or reviewer photograph, unless an authorized platform integration permits display under its applicable terms and attribution requirements.
Do not submit content that is unlawful, threatening, defamatory, infringing, deceptive, malicious, or invasive of another person’s privacy. We may decline to publish or may remove content from channels we control when reasonably necessary, but we will not use threats, intimidation, or a knowingly false accusation to suppress an honest negative review.
Acceptable Website Use
You may use the website only for lawful, personal, or legitimate business purposes. You may not:
Interfere with the website, checkout, forms, security, or another user;
Attempt unauthorized access to systems, records, accounts, or payment functions;
Use false, stolen, or unauthorized payment or identity information;
Introduce malware or harmful code;
Scrape, copy, or exploit protected content except as permitted by law;
Use the website to violate another person’s rights;
Misrepresent your identity or authority; or
Use automated means in a manner that imposes an unreasonable burden on the website.
We may restrict access, reject an order, or take appropriate action when we reasonably believe the website is being misused.
Intellectual Property
The website and its text, graphics, logos, photographs, videos, page designs, and other content are owned by or licensed to Post Excavating & Landscaping LLC and are protected by applicable intellectual-property laws.
We grant you a limited, revocable, nonexclusive, nontransferable right to access and use the website for personal or legitimate business purposes. No other license is granted. You may not reproduce, distribute, modify, publicly display, sell, or commercially exploit website content without written permission, except as permitted by law.
Third-Party Links and Services
The website may link to Square, Google, social-media platforms, manufacturers, or other third-party services. Third-party services operate independently and are governed by their own terms and privacy practices.
A link does not necessarily mean that Post Excavating & Landscaping LLC endorses or controls the third party. We are not responsible for third-party content, availability, security, products, or practices, except to the extent responsibility cannot legally be excluded.
Website Availability
We try to keep the website accurate and available, but we do not guarantee uninterrupted, error-free, or secure operation. We may update, suspend, or discontinue a website feature when reasonably necessary.
We are not responsible for delays or failures caused by internet providers, mobile carriers, payment networks, third-party platforms, weather, power failures, cyber incidents, maintenance, or events outside our reasonable control. This section does not eliminate obligations concerning an accepted order or rights that cannot legally be waived.
Disclaimers
To the maximum extent permitted by law, the website and general informational content are provided on an “as available” basis. We do not warrant that every page, automated response, product image, or general description will be free from errors at all times.
Product and service warranties, if any, are limited to the written warranties expressly provided by Post Excavating & Landscaping LLC or the applicable manufacturer. We do not disclaim warranties or consumer rights that cannot lawfully be excluded.
Nothing in these Terms limits responsibility for fraud, willful misconduct, gross negligence, personal injury caused by negligence, or another liability that cannot legally be limited.
Limitation of Liability
To the maximum extent permitted by law, Post Excavating & Landscaping LLC will not be liable for indirect, incidental, special, exemplary, or consequential damages arising solely from use of or inability to use the website, including lost data, lost opportunity, or business interruption, when such damages were not reasonably foreseeable or are lawfully excludable.
For a claim involving an online product order, our aggregate liability will not exceed the amount paid for the product giving rise to the claim, except when a greater remedy is required by applicable law or the claim involves liability that cannot legally be limited.
This limitation does not replace the liability, warranty, insurance, or remedy provisions in a signed service agreement.
Your Responsibility for Misuse
To the extent permitted by law, you are responsible for losses and reasonable costs resulting from your unlawful misuse of the website, fraudulent transaction, infringement of another person’s rights, or material violation of these Terms. This provision does not require a consumer to indemnify us for our own negligence, misconduct, or violation of law.
Privacy
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. The Privacy Policy is incorporated into these Terms by reference for purposes of explaining our data practices.
Governing Law and Disputes
These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except that mandatory consumer protections in another applicable jurisdiction remain available when they cannot lawfully be waived.
Before filing a lawsuit, you and Post Excavating & Landscaping LLC agree to make a good-faith effort to resolve the dispute informally. Send a written description of the issue and requested resolution to [email protected] or the mailing address below. We will make a reasonable effort to respond.
If the dispute is not resolved, it may be brought in a court of competent jurisdiction serving Mercer County, Ohio, unless applicable law requires or permits another forum. These Terms do not require mandatory arbitration and do not waive a lawful right to participate in a class action.
Changes to These Terms
We may update these Terms to reflect changes in our store, website, operations, or legal obligations. The revised version will be posted with an updated date.
Changes apply prospectively. The Terms presented or linked at the time an order is submitted will govern that order, together with any product-specific terms disclosed before purchase. A later update will not retroactively change an accepted order unless the parties agree or the change is required by law
Force Majeure
We are not responsible for a delay or failure caused by circumstances beyond our reasonable control, including severe weather, fire, flood, natural disaster, epidemic, labor disruption, supplier interruption, government action, power or internet failure, cyber incident, transportation disruption, or payment-network failure.
If such an event materially affects an accepted order, we will communicate available options and provide a refund when required by law or when we cannot fulfill the order
within a reasonable time.
General Provisions
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the affected provision will be enforced to the maximum extent permitted by law.
Our failure to enforce a provision is not a waiver. You may not assign an order or your rights under these Terms without our consent, except as permitted by law. We may assign these Terms in connection with a merger, reorganization, sale of assets, or similar business transaction.
Headings are for convenience only. Words such as “including” mean “including without limitation.” Electronic records and communications may be used to document orders and acceptance where permitted by law.
These Terms, the Privacy Policy, the order details, and any product-specific terms disclosed before purchase constitute the agreement governing an online order. A separate signed service agreement governs professional services.
CONTACT US
Questions about these Terms, an order, cancellation, return, or dispute may be directed to:
Post Excavating & Landscaping LLC
Attn: Kristi Post
3690 Burrville Rd
Fort Recovery, OH 45846
Email: [email protected]
Telephone: (419) 375-0103
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