Terms of Service
General Terms and Conditions:
Scope of Work: Contractor (in this document known as Turf Brothers) will furnish all the equipment and materials and perform all the labor necessary to complete the work (hereinafter the quote of this Project) described in this Installation Agreement. All labor will be performed in accordance with the drawings and specifications in this agreement and it will be completed in a workmanlike manner. Contractor agrees to remove all debris caused by Contractor's work.
Time of Completion:
Estimated day of commencement is noted on the front of this agreement and begin from the time Contractor receives down payment and this Installation Agreement has been signed. If Contractor is delayed at any time in the commencement or progress of the Work, by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond Contractor's control, or by other causes which may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as Contractor may determine.
The Owner agrees to pay Contractor in the amounts and at the times indicated in the Installation Agreement. The agreed-upon price includes all labor, equipment, material and permit(s) unless otherwise stated, if the Owner fails to make an installment payment when due, Contractor may, at his sole discretion, suspend work on the Project without breach, pending payment or resolution of the dispute. Payments not received within 72 hours of due date are subject to a finance charge of 18% per annum, or the maximum allowed by law, whichever is lower. If final payment is not received 30 days after the completion of the Project, a lien will be filed upon the property where the work was performed. The lien will be removed upon final payment. Upon receipt of final payment and at Owner's request, Contractor will provide Owner with appropriate releases and waivers of lien for all work performed or materials provided hereunder. A fee of $50 will be charged for returned checks.
Any changes to the Scope of Work requested by the Owner will be performed by Contractor only when both parties have signed a written order that indicates such changes and the change in contract price, if any.
The Contractor shall perform the work according to industry standards. The Owner must deliver written notice to the Contractor for all claims for defect in quality, materials and/or workmanship within five (5) days of the completion of installation. If said written notice is not delivered to the Contractor in the time allowed, all claims and causes of action arising from or related to defects in quality, materials and/or workmanship shall be deemed to be waived. In no event shall Contractors liability exceed the cost of the work performed by the Contractor. Contractor is not responsible for disposal of material such as dirt, sod, gravel, etc. unless noted in the Installation agreement. If service is desired, a dump fee ($TBD) will be added.
Contractor is not responsible for anything that is not visible before work begins, such as, but not limited to the following: A) Concrete tear-out where the thickness is more than 4” thick. If thicker than 4 inches, additional charges of up to $2.25 per square foot will apply. B) Underlying Soils. Under no circumstances will Contractor be liable for damage caused by expansive soils or settlement of the underlying soils. Primarily in new home construction it is not uncommon for the ground to be insufficiently compacted. It’s possible that over a period of time or after the ground receives excessive water, usually after sod installation, the ground may settle or sink. This is not the Contractors responsibility and will not be held liable for any settling or sinkholes after construction. C) Subterranean obstacles. In the event hard rock or roots are discovered during digging or excavating, Contractor will charge Owner an additional charge to cover its labor costs for the extra time it takes to overcome those obstacles. D) Other: in the event Contractor relocates a sprinkler head, Owner is responsible to realign and adjust the sprinkler head.
Owner Provides the Following:
a. Owner will not unreasonably disturb utility locate flags or work in progress.
b. Make available a temporary location for product delivery. Owner will be responsible for clearing item(s) to and from the project area for construction access. Including item(s) that are in the vicinity of the project area to avoid damage BEFORE construction can begin.
c. Furnish, without charge to Turf Brothers, all necessary power and water during construction period. It is the Owners responsibility to provide all electricity needed to complete job. Contractor will not be responsible for delays in project due to tripped breakers or electrical problems. If Owner is away while project is being completed and electricity becomes unavailable, Owner agrees to pay for rental of electrical generator for the time needed to complete project or until electrical is restored, not to exceed $100.00 per day.
Contractor hereby warrants against defects in material and workmanship for a period of one year from date of installation. Contractor shall be given the first opportunity to make any repairs, replacements, and or corrections to the defective construction at no cost to the owner within a reasonable time period. Under no circumstances shall Contractor be liable by virtue of this warranty or otherwise for damage to any person or property whatsoever for any special, indirect, secondary or consequential damages of any nature however arising out of the use or inability to use because of the construction defect. Documentation of ongoing maintenance is required in order to validate any
warranty of damage components. Failure to provide documentation of required maintenance will invalidate any warranty. Warranty is void if construction work that has been modified, altered, defaced, and\or had repairs made or attempted by others.
Any controversy or claim arising between the parties, or the breach thereof, shall be settled by final and binding arbitration in accordance with the STREAMLINED ARBITRATION RULES OF THE NATIONAL ARBITRATION ASSOCIATION, and judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. The parties hereby warrant and guarantee that they have the authority to act for and bind each other during the terms of all agreements between the parties.
Owner may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. Cancellation must be done in writing. Should Owner decide to terminate this agreement Owner will forfeit the deposit as liquidated damages. Contract cancellation prior to commencement of work will result in 10% of the acceptance fee being non-refundable.