TERMS OF INSTALLATION AND LIMITED WARRANTY
1. TERMS OF INSTALLATION AGREEMENT Contemporary Landscaping/Organic Homes LLC will furnish all materials identified in the proposal, and Contemporary Landscaping/Organic Homes LLC will furnish all labor necessary for the complete installation of underground irrigation system pursuant to the terms set forth below. Customer will pay for said underground irrigation system in the manner set forth below.
2. PERFORMANCE Unless otherwise agreed to by the customer Contemporary Landscaping/Organic Homes LLC will commence work on the installation of the underground irrigation system at the address set forth on the proposal no later than______days after the acceptance of this Agreement, and shall complete said installation work no later than______weeks thereafter. The dates shall be extended by reason of any delays caused by customer, the plumbing company used for this job, or any other reason not within the control of Contemporary Landscaping/Organic Homes LLC. The extent of Contemporary Landscaping/Organic Homes LLC’s work shall include the acquisition and installation of only those materials certified on the proposal, and any and all work necessary to insure a properly functioning underground irrigation system.
3. CUSTOMER’S RESPONSIBILITY Customer shall be responsible for locating all underground utilities, obstructions, and property lines. Also customer shall mark all drain lines, gas grill lines, invisible dog fences, ornamental lighting lines, and other underground obstructions. Contemporary Landscaping/Organic Homes LLC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OCCURRING BY REASON OF CUSTOMERS FAILURE TO LOCATE AND MARK ALL UNDERGROUND OBSTRUCTIONS OR BY REASON OF THE INSTALLATION OF THE UNDERGROUND IRRIGATION SYSTEM ENCROACHING UPON PROPERTY LINES. ANY REPAIRS UNDERTAKEN BY Contemporary Landscaping/Organic Homes LLC AS A RESULT OF THE CUSTOMER FAILING TO ACCURATELY MARK OBSTRUCTIONS, SHALL BE BILLED AT Contemporary Landscaping/Organic Homes LLC’s CUSTOMARY RATES.
4. CONDITION OF LOT Customer understands and agrees that the installation of an irrigation system requires minor excavation (12” or less). Contemporary Landscaping/Organic Homes LLC will undertake any reasonable efforts to restore customer’s lot to the most plausible original condition after completion of said installation. However, customer acknowledges that said restoration shall not be to the original condition of the lot. Further, any unusual damage done to customer’s lot during Contemporary Landscaping/Organic Homes LLC’s excavation, by reason of large subsurface rocks or other subsurface condition unforeseen by the parties hereto shall not be the responsibility of Contemporary Landscapes/Organic Homes LLC. Customer agrees to incur the cost of any extraordinary restoration work required hereby. Customer also understands and agrees that said installation may require Contemporary Landscapes/Organic Homes LLC to bore under existing sidewalks and driveways. Contemporary Landscaping/Organic Homes LLC will undertake all reasonable efforts to minimize such damage caused thereby and to repair any such damage. However, Contemporary Landscaping/Organic Homes LLC shall not be responsible for such damage other than that created by negligence of its employees.
5. PAYMENT TERMS Customer shall deposit with Contemporary Landscaping/Organic Homes LLC in amount equal to 50% of the total installation contact price here under upon customer’s execution of this Agreement. Customer shall pay the balance of the contract price upon completion. All payments shall be made to Contemporary Landscaping/Organic Homes LLC’s representative or at Contemporary Landscaping/Organic Homes LLC’s place of business as identified on the proposal. FAILURE TO PAY THE BALANCE OF THE INSTALLATION CONTRACT PRICE WITHIN FIVE (5) BUSINESS DAYS AFTER SAME BECOMES DUE SHALL VOID WARRANTY DESCRIBED BELOW.
6. GUARANTEE AND LIMITED WARRANTY Contemporary Landscaping/Organic Homes LLC guarantees the installation of a satisfactory and properly operating underground irrigation system. Further, Contemporary Landscaping/Organic Homes LLC warrants the installation, workmanship, design and materials employed in connection with the underground irrigation system. THIS GUARANTEE AND LIMITED WARRANTY SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS ONLY FOLLOWING THE COMPLETION OF INSTALLATION HEREUNDER. During the period of this guarantee and limited warranty, Contemporary Landscaping/Organic Homes LLC will repair or replace any defects in the underground irrigation system without charge to the customer. This guarantee and limited warranty shall not cover, and Contemporary Landscaping/Organic Homes LLC shall not be responsible for, any defects in the workmanship or devices of others upon which the system functions, nor for any damages resulting from physical damage to the systems components, including but not limited to; damage caused by mechanical equipment, vehicular traffic, utility companies, abuse, the negligence of the customer, from vandalism, from excavations, or any acts of God. Further, this guarantee and limited warranty does not apply to any defects or insufficiencies resulting from; decrease or increase in water main static pressure, that is water pressure falling beneath or raising above the set pressure turn on and shut off points that existed at time of installation, changes to landscaping, poor water quality, changes to plant growth, increases and decreases in the size of the customer’s lot. For maximum efficiency, the irrigation system should be operating during nonpeak hours, when domestic water usage is at a minimum. During the guarantee and limited warranty, customer shall be solely responsible for all adjustments to sprinkler heads and the controller.
This warranty covers all irrigation system parts from the point of water connection, to all moving and non-moving parts, all related electrical wiring, defects in materials or workmanship. Warranties only apply provided Contemporary Landscaping/Organic Homes LLC maintains the system exclusively, this includes winterization of the system and spring start up, due to the high risk of damage from over pressurization of the system.
Guarantee as stated above does not include alterations necessitated by re-landscaping, additions to the landscape, remodeling of the landscape. Lack of performance due to inadequate maintenance of the landscape is not warrantied.
Raising and lowering of heads to proper height and adjusting arc and radius shall be completed at time of installation and any adjustments thereafter is not considered part of warranty work.
The guarantee and limited warranty hereunder is in addition to all manufacture’s warranties. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE WARRANTY MADE BY Contemporary Landscaping/Organic Homes LLC AND NO OTHER WARRANTIES SHALL APPLY, WHETHER EXPRESSED OR IMPLIED. Contemporary Landscaping/Organic Homes LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY.