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Before signing your contract with us, please read these pages for your (and our) protection. We are trying to cover a lot in just a few pages, and while nothing is 100% inclusive, these Terms, Conditions, Disclosures, and Warranties are provided in good faith, realizing that it covers the most important elements of our agreement, and are written to protect you the customer; and us the company.
Terms:
1) Changes in the Scope Of Work / Contract For Service by the customer after the contract is signed will require an addendum or change order, and may require additional material and labor costs depending on the changes.
2) Contract prices are good for a maximum of 40 days from the date of contract. Prices are subject to change if you have not signed and sent in your contract and retainer within that timeframe.
3) On all projects, you the customer, and we the company, have the legal right to rescind your contract either verbally or in writing within five (5) days of project commencing. Written confirmation must follow, at which time your retainer payment will be refunded. Projects canceled with less than five (5) days notice may have unrecoverable costs that will be subtracted from the retainer payment.
4) We do not carry balances. We accept cash, but prefer checks. We do not take credit cards. A retainer of 25% of the total contracted price is required with your signed contract; which guarantees a place on our schedule. The next 25% is due the day we start. The remaining balance is due upon receipt of invoice. However, on projects that are expected to exceed one-week of installation time, and/or exceed $10,000 of total project cost, an additional 25% (total 75%) is due by the end of the first week.
5) We require full payment upon receipt of invoice. A $75 service charge will be added for bounced checks, and a $95 service charge will be added for invoices more than 7 days old. If your invoice were to become 30 days late, then interest will be added at 24%, and at 60 days old, we will file a mechanic's lien on your home, and repossess our materials. You the customer would then be billed for additional service charges and legal expenses (currently a minimum of $325).
6) We will call Okie for marking of gas, cable, phone, and electric. Exact location of your project (such as the path of drainage pipe or irrigation pipe) may need to be altered based on Okie markings. This takes 2 - 4 working days.
7) If there are utility conflicts in the area where our construction or excavation work is to be accomplished, it is the customer's responsibility (and expense) to secure temporary phone or cable lines, or to have lines moved, and/or to work with a plumber for gas line repair/replacement. If we have to hand dig any area due to unlocatable gas lines, we will do so, at an additional hourly rate of $50 per man hour, billed with final invoice.
8) The customer is responsible for notifying us of easement restrictions, deed restrictions, neighborhood covenants, lawn sprinkler heads, lawn irrigation pipes, septic tanks, lateral lines, termite bait traps, or misc. items on your property as related to exact location of project(s). If irrigation lines have to be moved, we will do so, at an additional hourly rate of $50 per man hour, plus parts, billed with final invoice.
9) We will not be held liable for any unmarked property damage, (examples: underground wiring for lights, gas lamps, pipes, or Dog Guard fence wiring), as there is no way to determine if our company damaged it, or if the item was already damaged.
Conditions:
1) We will not be held liable for collateral damage from 3rd parties to existing landscaping, hardscaping, or property damage; as damage might occur on a construction project. We will do our best to minimize any potential for damage, but we can not always control the actions or exact locations of materials being delivered, and will not accept liability for another companies negligence. Therefore, we leave actions up to the customer against any 3rd party company involvement.
2) We will not be held liable for mold, mildew, or water in ducts if hired for a French drain project. Customers may already have that problem to begin with when hiring us for a French drain project, and unscrupulous customers are in every city.
3) We will not be held liable for improper location of French drains, Lawn Irrigation Systems, or Retaining Wall construction, as related to above paragraphs or as relates to applicable conditions as set forth in listing of easements, covenants, or other legally declared description of property. With projects such as these, the project will not begin until we have reviewed and received the customer’s approval of all utility markings, and/or diagram drawings. “Permanent” items in the city right of way or easement are subject to the city destroying, and not being held fully liable for repair if the city enters your property to repair or move utilities.
4) Conditions beyond our control such as removal of excess rocks, boulders, hidden concrete, removal of excess roots, relocation of utilities, relocation of lawn irrigation lines, or relocation of septic lines, will required additional labor, and/or hydraulic jackhammers, and material charges when necessary. We will notify you of these instances when they become known to us, and an addendum or change order will be submitted for additional labor, material, and equipment usage.
5) We will not be held liable if existing plants, trees, grass, or shrubs die as a result of our construction on yours or your neighbor's property. Neighbor rooted items frequently encroach on property lines, (above and below ground), and there is no way to separate which roots belong to which items. Also, there is no way to determine if the landscaping was dead before we began your project, as we do not photo these items in 'before' condition.
6) To maximize productivity, and to minimize delivery charges, we order a slight surplus of necessary parts to complete all of our projects. This protects us from running out in case of breakage, defects, or mathematical miscalculations. All leftover parts are returned to inventory, and are not available for a credit on your contract.
7) It is the customer's responsibility to provide outdoor GFCI's or waterproof junction boxes for sump pump installations, or outdoor irrigation timers, in the location of the sump or timer being installed. It is also the customer's responsibility to provide a grounded indoor garage receptacle for irrigation timers to plug into. Therefore, if applicable, the customer will need to contract an electrician to have these outlets installed in the location we recommend.
8) In the rare event that your drainage system requires cutting through concrete, such as a driveway, sidewalk, or patio (to install surface drains or drainage grates), we will patch your concrete after cutting. However, the concrete patch will not match your concrete in color, consistency, or smoothness. There is also the possibility that the patch will crack in time, as it will not be the same tensile strength as the original concrete. We do not warranty concrete cuts, cracking, or patching.
9) We can provide you, from our landscape architect, an as-built Cad-generated drawing, to scale, for your irrigation or drainage system for an additional cost of $450 to $600, depending on the size of your project.
10) For drainage systems, if downspouts are being tied into pipe, the customer is responsible for putting screens or gutter guards on all guttering to prevent debris from potentially clogging their system.
Disclosures:
1) We carry Workman's Comp insurance and Professional Liability insurance. You may verify our coverage at 251-2511, and at your request, our insurance carrier will fax or mail you a copy as proof of insurance.
2) We are members of the Home Builder's Association of Greater Tulsa, and the National Association of Home Builder's. You may verify our membership at 663-5820.
3) You may verify our history with the BBB at 492-1266.
4) Concerning scheduling of your project: If it is heavy raining at 6a, or heavy rains are forecast, or have happened, it is our policy that all crew members will receive a call from the office by 7a, and that the day will be considered a ‘rain out’ and not to report for work. When that happens, we will call you (or send you an e-mail) later in the morning to notify you that we will not be working at your home that day. Once the day is called a ‘rain out’, we rarely issue work crew re-calls, even if it becomes sunny and warm at 10a.
5) Our normal crew work schedule is 8a to 5p, Mon. through Fri. If a day is rained out, we have the option of rescheduling for a Sat. as a make-up date, which only happens if the crew has not already reached overtime.
6) Once your contract is received, we will notify you of your estimated start date. This date is not guaranteed. It might be earlier, and in spring and summer, it sometimes happens to be later. This is because we have no control over weather delays, material back-orders, or coordination with other companies. Our desire is to always start and complete your project on a timely basis.
Warranties:
1) For lawn irrigation systems, drainage systems, retaining walls, pavers, and outdoor lighting; we honor all manufacturer warranties, so long as the customer has not modified the initial design after the project was completed.
2) For new Lawn Irrigation Systems, our warranty is for 1-year parts* and 1-year labor. *This warranty is not valid if damage to the system was caused by cars, customer tampering, power equipment, digging, freezing, rodent burrowing, lightning, or home power surges. On older homes, if galvanized steel was used for the water meter connection, there is no warranty available at point of connection to the existing steel water service. Plus, we charge an extra $150 for parts and labor to connect galvanized steel to PVC. For repairs to lawn irrigation systems, or for repairs to drainage systems, we offer a 30-days parts and labor warranty, also subject to the same limitations as listed in #1, and at the start of this paragraph.
3) For French drains and Retaining walls, we offer a 1-year parts, and 1-year labor warranty, (unless damaged by ‘sink holes’ **).
4) ** There is no warranty coverage for any type of project for damages resulting from 'sink-holes' or other random acts of God. Many parts of south Tulsa and Bixby have very sandy or unstable soil. As a result, sink-holes can and do appear completely out of our control. Sink-holes are not caused by installations of an irrigation system, or drainage system, or retaining wall, and therefore, any damage to any type of installed project item(s) from a sink-hole is not covered by warranty.
5) For landscaping; we have absolutely no control over your watering and fertilizing schedules, or landscaping that fails to live because of hail, freeze, drought, disease, bugs, customer neglect, or other conditions beyond our control. Therefore, we do not warranty any landscaping, for any reason. Also, there is not a warranty for transplanted landscaping. And, there is no warranty for sod installations, or seed germination rates. Once sod is accepted at time of delivery, it is non-returnable. Seed germination rates are controlled by weather temps, sun, water, etc., all of which we have no control over.
6) For other warranties on products and services not listed above: we will discuss in person and will put in writing what is included. The minimum warranty on any item is one year workmanship for installed Scope of Work projects. Example, projects such as Belgard or Flagstone patios, or Outdoor Fireplaces, Outdoor lighting (other than bulbs), carry the minimum one-year workmanship warranty.
Accepted by (Please sign and print name) ________________________________________ Date _________
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