Terms & Conditions of Service

Annual Plans

Prices do not include applicable tax. Plan payment is due in full after your spring visit (Spring Activation or Spring Inspection). Payment covers 1 hour of service per plan visit. Any additional time will be billed at your reduced plan rate. Your plan also provides for any additional service calls throughout the year at your discounted plan rate. Service calls are billed at a one-hour minimum charge and in half-hour increments.

Service plans do not include materials unless they are covered under warranty.

Refunds for early cancellation will be limited to the balance remaining after any completed services are calculated at the regular non-plan visit price of $125 per service visit.


Installation & Renovation

Sales tax is applicable to all services except for new system installation.

Contract

LIS Landscape Irrigation Systems, a division of New Garden Landscaping (hereafter "LIS") agrees to provide all the necessary labor, equipment, and materials in accordance with the scope of work. Any alteration or deviation from the scope of work that involves additional costs will become an extra charge over and above the cost of the original agreement. All additional work shall be paid in full upon completion. LIS cannot be held responsible for any delays that may occur due to weather or outside sources over which LIS has no control.​​

Changes

Alterations, additions, or deviations shall be charged to the owner at the contractor's normal selling price. If contracted materials have been purchased prior to the change in work, the owner must pay the incurred cost to dispose of materials in the change. No changes will take place until the owner has signed a change order.

Revisions

This Proposal is subject to revision if not accepted in 30 DAYS, as the availability of many materials is not constant. This proposal is based on the current price of labor and materials and can be adjusted after a 30-day period for any unanticipated change in same.

Warranty

Irrigation: LIS provides a one (1) year warranty on all workmanship and irrigation materials only.

Lighting: We provide a (1) year warranty on parts & labor (excluding bulbs) from the installation date. Lightning and "Acts of God" are not covered under this warranty. Reseeding on worksite: Seeded turf areas are guaranteed to germinate and cover a minimum of 90% of the area seeded when installed during the months of September and October for fescue and April, May, and June for Bermuda. Erosion or washouts are not LIS's responsibility and are not covered under warranty. Additional costs will be charged to the owner for LIS repair. There is a 30-day warranty on sod except during the periods of July 1st through August 30th and December 1st through February 1st. LIS is not responsible for acts of nature.

Theft

Theft of job materials after they are placed on the site will be the owner's responsibility.

Independent Contractor

The relationship between the Owner and LIS created by this agreement shall be that of independent contractors and not one of joint venture, partnership, or employment.

Property Lines

The owner shall be responsible for the location of all property lines and corners.

Concealed Contingencies

It is unknown by all parties if any underground obstructions other than those stated in the text of this contract exist. If any such obstructions are found and must be removed from the site work area causing an increase in the cost of the contract, then those costs shall be incurred by the Property Owner. This proposal is subject to extra charge for concealed contingencies such as rock, debris, poor drainage, faulty wiring, substandard plumbing, etc., not readily apparent in estimating the materials and work specified. The site shall be received by us at a finished grade, properly drained, and in a clean, workable condition unless otherwise stated in the contract.

Deliveries

lt is acknowledged that LIS may need to have heavy trucks picking up and delivering materials for the above-described work. The Property Owner acknowledges this fact and releases LIS from liability for possible damage to landscape, sprinklers, driveways (e.g., cracking or sinking), or sidewalks, where applicable.

Advertising

It is acknowledged that LIS may install a yard sign to facilitate the delivery of materials and advertising. LIS shall have the right to photograph its work and use the photographs for promotional purposes in brochures and other advertising media. LIS shall not advertise client names unless prior approval has been obtained from the owner. We shall add owner names to the current Past Clients List, which will be provided to potential clients, on request, as references.

Utilities / Damage

LIS has not included costs for electrical, water, sewage, gas, or telephone. It is understood that LIS shall have full use of the Owner's utilities during the process of construction and that the Owner shall bear the costs of those utilities above and beyond the contract price agreed upon in this contract. Owner shall locate, and LIS will not assume responsibility for damage done to any type of underground object, including gas and water lines, sewer lines, septic fields, electric or telephone wires, conduit, sidewalk or drives, or other objects unless designated prior to the beginning of work. LIS will call ULOCO to mark public utilities such as the main gas line, main telephone line, and main electric line. Any other lines are determined by the homeowner. LIS is not responsible for damage done to driveways and walks during boring.

Other Owner Responsibilities

As an owner, you can help to ensure that your project goes smoothly by doing the following:

  • Designate one person to be the Owner's point of contact. This person shall be kept informed of the job's progress and shall be provided answers to questions as they arise.

  • Direct all questions to the Customer Relationship Manager and avoid trying to resolve questions or problems with workers, subcontractors, vendors, or other individuals on or off the job site.

  • Make any and all changes to the original contract in writing and ensure that a "Change Order" form is completed and signed before those changes are made.

Acknowledgments

The owner acknowledges that he/she has read and received a legible copy of this agreement signed by both parties before any work has been performed and that he/she has read and received a legible copy of every other document that the Owner has signed during the negotiation.

Payments

The Owner agrees to pay any and all payments according to the payment schedule detailed. If a payment scale is not detailed, payment is Net 10. Should said scheduled payment(s) not be made, or if satisfactory arrangements for payment have not been made, LIS reserves the right to stop all work until such time as payment is rendered or satisfactory payment arrangements have been made.

Signature

Your signature on any agreement, whether actual or electronic, constitutes acceptance of the basic contract per the plans or description of work. The stated prices, specifications, terms, and conditions are satisfactory and are hereby accepted. LIS is authorized to perform the work as specified. Payment shall be made as outlined above.