WARRANTY

  • Company warrants all labor performed under this Agreement for a period of two (2) years from the date of project completion.

  • All manufacturer warranties applicable to materials and products supplied shall be passed through to Client to the extent permitted by the manufacturer.

  • Company warrants all plant material for a period of Three (3) months from the date of installation, excluding damage or loss resulting from improper maintenance, or neglect.

  • Company's liability under this warranty is expressly limited to the repair or replacement of labor or materials for which Company is directly responsible. Company shall not be liable for any indirect, incidental, or consequential damages.

PAYMENT TERMS

  • Client shall pay a deposit equal to one-third (1/3) of the total Contract Price upon execution of this Agreement.

  • A second payment, equal to one-third (1/3) of the total Contract Price, shall be due upon delivery of materials to the project site.

  • The remaining balance of the Contract Price shall be due in full upon substantial completion of the work described herein.

  • Should Client cancel this Agreement within two and one-half (2.5) weeks of the scheduled start date, Client shall be responsible for a cancellation fee of $500.00, in addition to any costs already incurred by Company.

  • All payments made under the terms of this agreement are final. Client agrees not to initiate a chargeback or otherwise dispute any payment through a financial institution or card issuer.

  • Company accepts payment by cash, check, Zelle, or credit/debit card. Payments made by card are subject to a processing fee of 3.8%.

CHANGE ORDERS

  • Any change, addition, or modification to the scope of work must be set forth in a written change order signed by both parties. All fees associated with a change order shall be due and payable in full prior to Company's purchase of any additional materials.

HOA RESPONSIBILITY

  • Client shall be solely responsible for obtaining any and all approvals required by a homeowners' association or similar governing body, including the preparation and submission of all required applications, prior to the commencement of work.

UNDERGROUND UTILITIES

  • Company shall not be held liable for damage to any underground utility, irrigation line, or other buried infrastructure that has not been properly disclosed, located, and marked by Client prior to the commencement of excavation.

  • Client is solely responsible for identifying and marking the location of all buried utilities and infrastructure on the property prior to the start of work.

MARKETING RIGHTS

  • Client grants Company a non-exclusive, perpetual license to photograph and record video of the completed project, and to use such images and recordings for advertising, marketing, and promotional purposes in any medium, without additional compensation to Client.

DISPUTE RESOLUTION

  • In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt in good faith to resolve such dispute through mediation prior to initiating litigation or any other legal proceeding.

INDEMNIFICATION

  • Client agrees to indemnify, defend, and hold harmless Company, its employees, agents, and subcontractors from and against any and all claims, damages, losses, or expenses arising out of or related to the project, except to the extent such claims arise from the negligence or fault of Company.

COMPLETION OF WORK

  • Work shall be deemed complete upon performance of all items set forth in the Scope of Work, at which time final payment shall become immediately due and payable.

ENTIRE AGREEMENT

  • This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. No modification or amendment to this Agreement shall be valid or binding unless made in writing and signed by both parties.