COMMENCEMENT AND COMPLETION OF SERVICES. Mr. Outdoor Living shall commence performance of the services in approximately one to six weeks and shall complete the services within one to ten business days from the start of the installation unless caused by circumstances and conditions beyond the control of Mr. Outdoor Living.

GENERAL TERMS AND CONDITIONS

Warranty – Mr. Outdoor Living warrants that its workmanship and installation are in accordance with industry standards and will be free from defects in workmanship for a period of one year. All services will be performed in accordance with all applicable local, state laws and regulations and all applicable building codes. This warranty assumes site conditions will be the same at time of warranty replacement as they were at time of initial installation.  Any expenses associated with overcoming any obstacles (fences, walls, extra thick concrete, irrigation line damage, etc.) that were not present at time of initial installation are the sole responsibility of the Customer, not Mr. Outdoor Living. No warranty shall be in effect until the project invoice has been paid in full. Every effort will be made to perform warranty service, repairs, and replacements in a timely manner, taking into account availability of material, Mr. Outdoor Living’s existing work schedule, and weather. All lawn repair and sod becomes the responsibility of the homeowner upon job completion and is not guaranteed.

Materials – All Materials selected for the project are inspected for any abnormal damage. Mr. Outdoor Living is not liable for any damage to materials after the project is complete. If there is a problem with the operation of any item covered under a manufacturer’s warranty, Mr. Outdoor Living will help contact the manufacturer to repair or replace the damaged part. Mr. Outdoor Living offers a wide variety of products trying to assure that the materials we use in most cases offer a manufacturer’s warranty. In no event will Mr. Outdoor Living be held liable for any manufacturer’s defects.

Patios – Mr. Outdoor Living provides all Hardscape projects with a manufacturer guarantees with all base and masonry work covered for up to one year without a service charge. However, all Polymeric sand and mortar is guaranteed for up to 30 days.

Plantings – Mr. Outdoor Living provides a 90 day warranty for Plantings using an automatic irrigation system and a 30 day warranty without irrigation. Mr. Outdoor Living will determine the most appropriate time to make a warranty replacement based on availability of material and planting conditions. Mr. Outdoor Living does not guarantee any existing Plantings in the homeowner’s landscape that are transplanted. There is no warranty on perennials or any Plantings damage due to pests, vandalism, pets, or extreme weather conditions.

Features – All wood burning fire features are not covered under warranty due to excessive heat or other related fire issues. Gas Fit Pits and Outdoor Kitchens appliances are only covered under the manufacturer warranty. All trade services related to gas and electrical are subject to the possibility of maintenance costs, but have a 30 day warranty.

Porches, Decks & Carpentry – Mr. Outdoor Living provides a 30 day warranty for all project specific related services with a year warranty for all labor and workmanship. There is no warranty with regard to any wood related projects due to deterioration or any other issues. All other materials are subject to the manufacturer warranty and Mr. Outdoor Living is not required to be held responsible, but will assist.

Landscaping – Tear out, trimming, planting, sod, grading, curbing, mulching or any other Mr. Outdoor Living installation is not covered under warranty after the installation has been deemed complete by the homeowner and Mr. Outdoor Living. If there is an Outdoor Living related issue due to any of the above services, Mr.

Outdoor Living and the customer can agree on the best settlement as long as all payments are agreed upon. Mr. Outdoor Living is not responsible, liable or required to fix items related to any tear out, trimming or other possible problematic project.

Irrigation – Mr. Outdoor Living provides a 30 day warranty for irrigation projects. Maintenance and service calls are most common for all irrigation related services and are not covered under warranty.

Retaining Walls – Engineering is extremely common with regard to all Retaining Walls. If an engineer is required, all payments and warranty would be project specific.

Dryscape – All Boulders, River Rock, Pea Gravel, Stepping Stones, and any other natural Dryscape material is not covered under warranty after the installation has been deemed complete by the homeowner and Mr. Outdoor Living.

Artificial Turf – Mr. Outdoor Living provides a 30 day warranty for all Greenscape projects (Artificial Turf, Putting Green, etc.). In no event will Mr. Outdoor Living be held liable for any manufacturer’s defects.

Lighting – Most LED lighting fixtures as well as Transformers contain a lifetime manufacturing warranty. There is a five year manufacturer warranty on all LED lamps and Mr. Outdoor Living provides a 30 day warranty on the labor.

Drainage – Mr. Outdoor Living does not guarantee drainage solutions and is not responsible for extreme weather conditions causing adverse drainage problems to our drainage solutions failing or not working with 100% efficiency. Mr. Outdoor Living provides a 30 days warranty if there is a drainage issue related to the workmanship.

Administration, Ordering, Scheduling – If for any reason the project gets canceled by the homeowner, the deposit may be returned, minus any time and charges related to the project as well as restocking fees (maybe 20%) for any material ordered.

Changes to Scope of Work – Any changes in work will consist of community of a text or written change order that is agreed to by the customer and Mr. Outdoor Living prior to the installation.

Payment – Depending on the project size, different deposits are required and multiple payments throughout the project are to be collected.  Final payment is due upon completion of the job. Checks payable are to Mr. Outdoor Living and our business Zelle is Zelle@mroutdoorliving.com. Venmo @mroutdoorliving & Credit Card Payments (3% fee).

Scheduling – Projects will be scheduled in accordance to the contact date. Mr. Outdoor Living shall not be liable for any delays caused by events beyond its reasonable control including, but not limited to, acts of God, storms, floods, fires, soil conditions, delays caused by permits, HOA or other neighborhood, city, or county approvals.

Mr. Outdoor Living shall carry and maintain the following insurance during the time that any work is being performed at the home of the Customer and shall provide such certificate of insurance to the Customer before work begins under this Agreement:Commercial General Liability Insurance in an amount not less than $1 million for each occurrence and $2 million in general aggregate, naming Customer as additional insured.

 

Mr. Outdoor Living can provide our certificates of insurance upon request. Mr. Outdoor Living shall indemnify and defend Customer and shall hold Customer harmless from and against any and all claims, losses, damages, expenses, penalties, costs or other liabilities, including, without limitation, attorneys’ fees and disbursements, arising out of, or resulting from, the performance of the work by Mr. Outdoor Living under the terms of this Agreement.

 

The above obligation of Mr. Outdoor Living shall not apply and Mr. Outdoor Living shall not be liable for any indemnification or expenses and in fact, Customer shall indemnify and defend Mr. Outdoor Living and shall hold Mr. Outdoor Living harmless from and against any and all claims, losses, damages, expenses, penalties, costs or other liabilities, including, without limitation, attorneys’ fees and disbursements, arising out of, or resulting from, the negligence, willful misconduct or breach of contract by the obligations of Customer under the terms of this Agreement.

DISCLAIMER OF WARRANTY AND CONSEQUENTIAL DAMAGES EXCEPT AS PROVIDED ABOVE MR OUTDOOR LIVING MAKE NO OTHER WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PRODUCT AND ALL SUCH WARRANTIES ARE SPECIFICALLY DISCLAIMED. IN NO EVENT WILL MR. OUTDOOR LIVING BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES.

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, both written and oral, between the parties with respect to the subject matter hereof.

I have read and agreed to the terms of this Agreement.