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MKC Irrigation & Contracting LLC CONTRACT TERMS AND CONDITIONS for the customer or owner (used interchangeably) the improvements identified in the associated Proposal (“Work”) created for the price indicated within the Proposal.
1. Scope of Work:
This Scope of Work ("SOW") outlines the details and expectations for the maintenance and irrigation services to be provided by MKC Irrigation & Contracting LLC hired by any customer. Scope of works can include but not limited to the following:
Services to be Provided:
1.1 Landscape Maintenance:
· Regular lawn mowing and edging.
· Weed control and removal.
· Pruning and trimming of trees and shrubs.
· Plant bed maintenance, including mulching and fertilization.
1.2 Irrigation System Maintenance:
· Inspection and testing of the irrigation system.
· Adjustment and repair of sprinkler heads.
· Programming and scheduling irrigation controllers.
· Detecting and repairing leaks in the irrigation system.
1.3 Seasonal Services:
· Seasonal planting and removal of annuals.
· Leaf and debris removal during fall.
· Winterization of the irrigation system.
1.4. See website for other services provided.
2. Quotations and Estimates:
This project estimate is an approximation based on information and requirements provided by the customer and is not guaranteed. Actual costs and terms may change once all project elements are discussed, negotiated, and finalized. Prior to any change in costs, the client will be notified. This estimate is valid for 30 days.
Services: Upon acceptance, our company will provide the services described in the estimate. Any additional services requested by the customer not discussed are not covered by the estimate and will incur additional charges.
Schedule: The services will be completed, and/or delivery of products will be made according to the estimated schedule. Both parties, in writing, will approve the schedule. Unforeseen events will be discussed if the scope of the project changes for any reason.
Changes: Changes to the delivery and performance of any products or services, including quantity, specifications, and scheduling, do not become binding until approved in writing by both parties. Any changes may result in additional, increased, or decreased charges.
3. Payment Terms:
Upon execution and agreement of the estimate, the customer will provide payment as provided in the estimate. The customer must pay at least half down if the amount of estimate is over $500.00. The customer shall pay all invoices, including change orders, within 30 days from the date of the invoice. If the customer has secured financing for the job, the customer must request the institution to issue payments for the job as one-party checks, made payable to MKC Irrigation & Contracting LLC. Any amount due after 30 days will incur an increase in interest charges of 30 percent per annum, compounded monthly.
Late fees will apply after the due time agreed upon in the final contract if not paid in full. All work performed by MKC Irrigation & Contracting LLC shall be completed in a reasonable manner according to standard practices, and under applicable municipal and State codes. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the check plus any applicable fees. The use of a check for payment is your acknowledgement and acceptance of this policy and its terms and conditions.
4. Project Timeline:
MKC Irrigation & Contracting LLC will complete the outline work in the proposal and add or modify any change orders as quickly as possible. MKC Irrigation & Contracting LLC shall not be responsible for any damages to the customer, either direct or incidental, arising from any delays in completing the work before any date discussed between customer and MKC Irrigation & Contracting LLC unless explicitly agreed to in writing between MKC Irrigation & Contracting LLC and the customer. All job dates are subject to change due to unforeseen circumstances and will be rescheduled in a timely manner.
We must be informed about any concerns with your system within 48 hours upon completion of work. After 48 hours we will assume the transaction complete and will no longer be held liable for any issues with your system other than what is covered under our warranty.
5. Change Orders:
The customer(s) or others (Local, State, or Federal Code Official(s), may order changes to the work by making modifications, additions, deleting without nullifying the proposal signed between the MKC Irrigation & Contracting LLC and customer. MKC Irrigation & Contracting LLC & Contracting LLC may make changes throughout the progress of the job that may require an update to the signed proposal between the MKC Irrigation & Contracting LLC and the customer(s). MKC Irrigation & Contracting LLC will provide proof as to why the changes are needed and get approval from the customer(s) before changes are modified, added, and/or deleted from the original agreement. The customer will pay all costs associated with the change proposal and will receive an updated proposal of any price reduction or increase related to the deletion and/or substitution of work listed in the proposal.
The proposal is based on visible conditions and the customer agrees that the price may vary due to non-visible conditions. MKC Irrigation & Contracting LLC is not liable for existing conditions found while bidding and/or after starting on the job. The customer(s) will pay all costs that may occur if it is necessary or if required by Local, State, or Federal Code Official(s) to upgrade to current code for a safe and proper working system. Every attempt will be made to complete the job according to the proposal created for the job. Additional charges will apply for any material needed listed in the proposal or additional material to unforeseen conditions.
6. Materials and Equipment:
Unless otherwise specified, all materials, equipment, and intellectual property provided in connection with our products or services, including but not limited to any equipment used, bought, or brought to the job, are the exclusive property of MKC Irrigation & Contracting LLC ("we," "us," or "our"). In cases where equipment is rented or loaned, customer(s) are responsible for the safe return of the equipment within the agreed-upon timeframe unless MKC Irrigation & Contracting LLC rents or borrows the equipment. It is MKC Irrigation & Contracting LLC's responsibility to return the equipment. The added cost will be added as addendum to the proposal. Customers are liable for any damages to or loss of equipment during the rental or loan period if left at the job during the duration of the job except beyond reasonable wear and tear. We reserve the right to modify or amend this materials and equipment clause at any time. All changes will be effective immediately upon posting on our website.
The client has the option of choosing and discussing all materials needed to complete the job if the client chooses to. The client will need to sign off if the client chooses to let MKC Irrigation & Contracting LLC choose the material needed without any input. MKC Irrigation & Contracting LLC will discuss all material costs if materials exceed the amount of $300.00.
7. Permits and Approvals:
Permit fees are not included in the proposal but will be added if needed before starting the job unless the customer obtains the permit out of their pocket. Permits must be obtained if needed before the job can begin. Permit cost will be added if MKC Irrigation & Contracting obtains the permits on behalf of the customer. Customers will pay for all permits needed for the job if needed.
All private utilities are the responsibility of the customer (s) (property owner) to map out before MKC Irrigation & Contracting LLC will begin the work listed in the proposal. MKC Irrigation & Contracting LLC will NOT be held RESPONSIBLE for any damage due to any utilities that have not been marked out by customer(s) (property owner) or notifies the correct utilities company for mapping. Any damages caused by unmarked, incorrectly marked or non-code compliant items will be the customer(s) (property owners) responsibility to pay for repairs of that utility and any damage caused to MKC Irrigation & Contracting LLC employees or equipment.
8. Warranty:
MKC Irrigation & Contracting LLC ("we," "us," or "our") warrants that our products/services will be free from defects in material and workmanship for a period of 1 year from the date of purchase, unless otherwise specified. This warranty covers the repair or replacement of defective products/components at our discretion. The warranty does not cover damage resulting from:
To obtain extra warranty service, please contact us at the number or email address provided on our website before your warranty expires. You may be required to provide proof of purchase and details about the issue. Except for the express warranty stated above, we disclaim all other warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
To the extent permitted by law, our liability for breach of any warranty shall be limited to the cost of repair or replacement of the defective product. This warranty is governed by and construed in accordance with the laws of Texas. Any legal action or proceeding arising out of or relating to this warranty shall be brought exclusively in the courts of Texas. We reserve the right to modify or amend this warranty at any time. All changes will be effective immediately upon posting on our website.
9. Damages:
The customer(s) agrees that the only damages that may be brought against MKC Irrigation & Contracting LLC is failure to complete the job outlined in the proposal or damage to the customer’s property or persons while on the customer(s) (property owners’) property. The customer(s) agrees that any breach of this signed proposal shall result in damage to MKC Irrigation & Contracting LLC.
10. Termination Clause:
MKC Irrigation & Contracting LLC may terminate the signed proposal either for cause, arising from the customer's failure or refusal to pay invoices on a timely basis. The customer's failure to agree to unforeseen conditions identified after beginning the work, making the job impossible to complete. The customer may terminate the contract prior to completion of the job outlined in the proposal but must pay MKC Irrigation & Contracting LLC for any completed work that has not been paid otherwise face legal action. The customer shall pay MKC Irrigation & Contracting LLC for all materials bought outlined in the proposal to complete the job even if terminated.
11. Force Majeure:
Unless specifically indicated, MKC Irrigation & Contracting LLC will presume no permits are required for any environmental impacts, including, but not limited to subsurface conditions, hazardous or solid waste(s) for the job outlined in the proposal. MKC Irrigation & Contracting LLC will notify the customer if MKC Irrigation & Contracting LLC believes or learns that a permit is required to complete the work outlined in the proposal. The customer can receive a second opinion to confirm the permit requirement but must submit required documentation from the second opinion if permit is not required.
The customer agrees to defend and protect MKC Irrigation & Contracting LLC for any environmental claims arising from MKC Irrigation & Contracting LLC performance of the job where the alleged violation arises from missing or inadequate environmental permit(s) or existing conditions. The customers indemnification shall not cover any claims not included herein or any claims that result from MKC Irrigation & Contracting LLC actions or negligence that violates applicable law.
12. Dispute Resolution:
Any legal action shall be pursued in the courts of Texas, and notwithstanding any conflict of law principles, shall be governed by Texas law. Payments not made in full will be subject to property lien. Acceptance of this proposal is considered legal notice of property lien.
Customer defend, indemnify and hold MKC Irrigation & Contracting LLC harmless from any and all claims, penalties, or assessments arising from, the breach of any covenant, representation or warranty herein, or from any act, omission, or misrepresentation of the customer, and/or customer’s employees, agents or representatives, including architects, engineers, surveyors, or others engaged to perform preliminary steps necessary for MKC Irrigation & Contracting LLC to complete the work outlined in the proposal.
13. Confidentiality:
We respect the privacy and confidentiality of our users. By using MKC Irrigation & Contracting LLC, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy. We employ industry-standard measures to protect the confidentiality and security of the information you provide to us. However, while we strive to protect your personal information, we cannot guarantee its absolute security. Our services may contain links to third-party websites or services. Except as provided in our Privacy Policy, we may disclose your personal information to third parties related to your proposal.
Please review the privacy policies of these third parties. We may disclose user information in the following circumstances:
· To comply with legal obligations or respond to lawful requests from public authorities.
· To protect our rights, privacy, safety, or property.
· In the event of a business transfer, merger, or acquisition.
You use our services and provide your information at your own risk. We reserve the right to update or modify this Confidentiality Statement at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after the posting of changes constitutes your acceptance of such changes.
14. Governing Law:
This Terms and Conditions Use Agreement (the "Agreement") is governed by and construed in accordance with the laws of Texas. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Texas.
15. Miscellaneous Provisions:
Customer agrees to allow MKC Irrigation & Contracting LLC to use any pictures of the work performed for the purpose of advertising and showing others without penalty or fees from the customer.
Customer agrees to allow MKC Irrigation & Contracting LLC the rights and privileges to use any and all testimonials written or verbal in our advertisements without penalty or fees from the customer.
Customer agrees to allow MKC Irrigation & Contracting LLC to use the owner's email address for receiving advertisements and specials without penalty or fees from customer. MKC Irrigation & Contracting LLC agrees to keep all email and personal information private from others.
16. Terms and Conditions:
There are no promises, terms, conditions, or obligations other than those contained within the proposal, or the Contract Terms and Conditions. This contract supersedes all prior communications, representations, or agreements, either verbal or written, between the parties hereto, and this agreement may not be amended except in writing, other than the scope of job outlined in the signed proposal.
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