Contract for Goods and Services
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, 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.
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 plants in the homeowner’s landscape that are transplanted. Damage due to pests, vandalism, pets, or acts of God are not covered.
Lighting – Pro-Trade lighting brass fixtures as well as Unique Transformers contain a lifetime warranty. There is a five year warranty on all LED lamps and a 90 day warranty on the labor.
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. A 20% restocking fee for any material ordered for that project may also be deducted.
Changes to Scope of Work – Any changes in work will consist of a written change order agreed to by the customer and Mr. Outdoor Living prior to the change taking place.
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. All checks are made payable to Mr. Outdoor Living. Any credit card payments over $3,000 are subject to be charged an additional 2.75%.
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 cause by permits, HOA or other 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 shall provide to Customer certificates of insurance. 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.