Property Consent Form

PROPERTY ACCESS & DELIVERY CONSENT AGREEMENT

(New York State)


SUMMARY (PLEASE READ FIRST)

By submitting this agreement, you give Southtowns Supply permission to access your property to complete delivery at your requested location. This may include driving on lawns, driveways, concrete, asphalt, or other surfaces and placing materials where you direct. You understand and accept the risks of damage associated with heavy delivery vehicles and materials and agree that Southtowns Supply is not financially or legally responsible for such damage, before, during, or after delivery. Your initials and typed name act as your legal electronic signature.


⚠️ IMPORTANT — WHY THIS AGREEMENT IS REQUIRED

Southtowns Supply requires this consent prior to delivery whenever customers request placement that involves driving on lawns, driveways, concrete, asphalt, or other private property surfaces.

Delivery of heavy materials involves risks related to vehicle weight, turning radius, ground conditions, surface composition, and weather. Even when operated carefully, damage may occur that is outside the reasonable control of Southtowns Supply and its drivers.

Without this written consent, Southtowns Supply cannot deliver to the requested location and may limit delivery to a safer alternate location or decline delivery entirely.

  • 1. PURPOSE

    You have requested delivery of materials to a specific location on or near the property listed below. To complete delivery as requested, vehicles and equipment operated by Southtowns Supply may be required to enter the property, drive on lawns, grass, soil, driveways, concrete, asphalt, pavement, curbing, or other surfaces, and place or dump materials at the location designated by you.

  • 2. GRANT OF PERMISSION

    You voluntarily and expressly authorize Southtowns Supply, including its owners, employees, drivers, agents, and contractors, to access your property and operate delivery vehicles and equipment as reasonably necessary to complete delivery.


    This permission remains in effect unless and until it is revoked in writing by you and acknowledged in writing by Southtowns Supply.

  • 3. ACKNOWLEDGMENT OF RISK

    You acknowledge and agree that delivery of heavy materials involves inherent risks, including but not limited to:


    • Damage to lawns, landscaping, soil, drainage, or irrigation systems
    • Cracking, chipping, staining, shifting, or surface damage to concrete, asphalt, pavers, or driveways
    • Ruts, depressions, soil compaction, or ground disturbance
    • Shifting, spreading, settling, rolling, or movement of materials after delivery
    • Damage caused by vehicle weight, turning radius, weather conditions, or ground conditions

    You acknowledge that these risks have been explained, are understood, and are accepted knowingly and voluntarily.

  • 4. RELEASE OF LIABILITY

    To the fullest extent permitted by New York State law, you release, waive, and hold harmless Southtowns Supply, including its owners, employees, drivers, agents, contractors, and representatives, from any and all claims, demands, damages, losses, costs, or liabilities, including monetary damages, arising from or related to:


    • Vehicle access to the property
    • Driving on lawns, driveways, or other surfaces
    • Placement, dumping, or unloading of materials
    • Ground, surface, or weather conditions
    • Any damage occurring before, during, or after delivery, including damage occurring after materials have been dropped

    This release includes claims based on negligence, except where prohibited by New York State law.


  • 5. DRIVER DISCRETION

    You understand and agree that final delivery decisions rest solely with the delivery driver.

    If, in the driver’s professional judgment, conditions are unsafe or present excessive risk, the driver may refuse access, adjust placement, or decline delivery. Southtowns Supply shall not be liable for delays, alternate placement, or refusal of access due to safety concerns.

  • 6. PROPERTY AUTHORITY & INDEMNIFICATION

    You represent and warrant that you are the legal property owner or are otherwise authorized to grant access to the property.

    You agree to indemnify and hold harmless Southtowns Supply from any claims, damages, or demands made by landlords, neighbors, homeowners’ associations, or third parties arising from delivery access or material placement.

  • 7. GOVERNING LAW

    This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.

  • 8. SEVERABILITY

    If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

  • 9. ATTORNEY’S FEES

    In any legal action, claim, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, court costs, and legal expenses, to the fullest extent permitted by New York State law.

  • 10. ENTIRE AGREEMENT

    This Agreement constitutes the entire agreement between you and Southtowns Supply regarding property access, delivery permission, and liability. No oral statements, prior agreements, emails, text messages, or representations shall modify this Agreement unless made in writing and signed by Southtowns Supply.

  • 11. ELECTRONIC CONSENT & SIGNATURE

    This Agreement may be executed electronically and is legally binding under the New York Electronic Signatures and Records Act (ESRA) and the federal E-SIGN Act.

    Typing your initials below constitutes your electronic signature.

Contact Us