We would like to thank you for considering Winters Landscape & Irrigation for your project.
Please take a moment and review our terms & conditions.
Upon proposal signing, customer agrees to the project as outlined in the scope of work and material list. Customer agrees to pay for all completed work in full within the terms listed in the proposal.
CHANGES: Alterations, additions or deletions will be charged to the Owner(s) at the Landscape Contractor’s normal selling price. Disposition of materials purchased prior to changes affecting said materials will be charged to the Owner(s), unless disposition otherwise agreed to by Landscape Contractor. All changes must be agreed to in writing.
GRADES:The Owner(s) will be responsible for all grades and drainage, unless otherwise stated herein. The Landscape Contractor will receive the site at finished grade, and will not be liable for any drainage of water onto, across, from, or damage caused by such to the project or adjacent property, unless otherwise specified.
INSTALLATION: 1.Buried obstructions or services shall be the responsibility of the Owner(s). Relocation removal, or repair will be charged at the Landscape Contractor’s normal fee. 2.Determination of various stages of completion shall be made by the Contractor. 3.Contractor shall receive the site in a condition suitable for the progress of work. Any clean up, debris removal or debris hauling will be charged at contractors normal rates. 4.Repair costs incurred by Contractor due to damage caused by others shall be the responsibility of the Owner(s) and shall repaid in full at the time completion of repairs. 5.Existing trees or shrubs are not warranted against damage due to trenching or excavation. 7.Owner(s) agrees to pay for work completed. 8.Turf repair is not included unless specifically outlined in the bid.
LANDSCAPE GUARANTEE:1.Trees and Shrubs will be guaranteed for one (1) year from installation date. 2. Groundcovers, vines and other plant materials planted from one gallon or smaller containers will be guaranteed for six (6)months from installation date. 3.Exclusions: This guarantee does not cover damaged plant material or construction resulting from animals, drought, insects, disease, frost, vandalism, erosion, settling, fire, flood, storm, hail, or any other acts of God. 4.Stipulations: For this guarantee to be valid, the Owner(s) agrees to water and maintain the plant material properly. Any plant material not watered by an automatic irrigation system will have a 30 Day guarantee. 5.Tampering with plant material by others shall void this warranty. 6.Lack of payment for any service fees by the Owner(s) will void all warranties.
IRRIGATION GUARANTEE: 1.Irrigation system will be guaranteed for one (1) year. 2.This warranty shall cover materials or defects due to or workmanship only. 3.Pumps are warranted for one (1) year and for normal use only. Warranty for pumps does not apply to failure due to out of water conditions, low water conditions or inlet blockage. 4.Exclusions: This warranty does not cover damage due to freeze, settling of grades, vandalism, fire, electrical surge, excavation, flood, storm, program tampering, or other acts of God. 5.Operation of the system shall be the responsibility of the Owner(s).6.Contractor shall not be liable for damage to plant materials or turf, resulting from lack of water. 7.Lack of payment on any job section shall void this warranty. 8.Repairs to this system made by others shall void this warranty. 9.Only those materials supplied by Irrigation Contractor shall be covered by this warranty. 10.Irrigation Contractor does not warranty the performance or suitability of well or reservoir based pumping systems for purposes of water supply. 11.Only parts downstream of the inlet of Contractor installed DCA are covered by this warranty.
RETAINING WALL GUARANTEE:1.Retaining wall will have a one year warranty covering materials and workmanship. 2.Exclusions: This warranty does not cover damage or failure due to tree root system growth, settling of grades, vandalism, fire, excavation, flood, storm, or other acts of God. 3.No other express or implied warranties shall exist. 4.Lack of payment on any job section shall void this warranty.
ATTORNEY’S FEES:If, on account of any breach of contract by Owner(s) of their obligations to any of the parties hereto, under the terms,conditions and covenants of this contract, it shall become necessary for the Contractor to employ an attorney to enforce or defend any of its rights or remedies here under, and should Contractor prevail, he shall be entitled to any reasonable attorney's fees, court costs and other reasonable costs incurred in such connection.VENUE:It is agreed between the parties hereto that performance of this Contract shall be deemed to be in Wood County, Texas and that venue of any suit to enforce rights, duties and obligations here under shall likewise be in Wood County, Texas.
ADDENDUM: Material list amounts are maximum amounts at the stated contract price. Contract price does not include the removal or importation of fill soil unless listed in the materials inventory. Material amounts include waste factors. Any surplus materials at the close of construction are the property of the Contractor. Any service calls to the site after completion, that pertain to items that are not covered by the warranty listed above, shall be charged to the customer at normal contractor rates.