2. Pricing. Contractor will provide an estimate, via mobile invoicing, to be reviewed and approved by Customer prior to providing Services to same. Such estimate will be provided, reviewed, and approved in contemplation of this Agreement. Customer acknowledges the estimate is not a final price, and it is subject to change. Customer acknowledges Contractor may charge an appropriate mark-up on all products installed to cover operational expenses, sales tax, and warranties.

3. Changes. Customer hereby acknowledges and agrees that, due to the nature of underground work, certain minor, but necessary, changes to the Scope of Work are often discovered by Contractor during the course of providing the Services. Customer hereby agrees to allow Contractor to implement such minor changes, as the case may be, without notice or approval of Customer, as such minor changes to the price and/or Scope of Work were contemplated by Contractor and Customer when the cost estimate was presented and this Agreement entered into. However, in the event Contractor discovers what would be considered a major change to the Scope of Work, according to the general community of lawn irrigation service providers in middle Tennessee, Contractor will refrain from implementing such changes until receiving written approval by Customer. In all events, Customer agrees to pay Contractor for all Services actually provided, even if Customer decides to abandon the project due to unforeseen cost.

  

4. Payment. Customer will pay Contractor in full upon completion of the Services, unless Contractor has expressly approved in writing for Customer to pay by installment plan, in which case Customer will tender immediate payment of 50-percent (50%) of the total invoice amount, followed by six (6) equal monthly installments to be paid by the end of each following month, interest-free. Customer acknowledges that there is a service fee associated with a visit to the property including return visits for repairs or warranty work. Customer may tender payment by cash, personal check, debit card, or credit card. Customer agrees to pay all invoiced amounts within thirty (30) days of invoice plus a late fee of 15% per month on any past due balance, costs of collection and reasonable attorney’s fees. If 24 months past from the date of invoice customer gives Golden Landscapes Irrigation INC permission to charge off the past due debt in a form 1099-C and cost of accounting fees; where the customer would in return claim the canceled debt as income on their tax return. Checks can be mailed to:

Golden Landscapes Irrigation, Inc.

5. Term/Termination. This Agreement will terminate upon Contractor’s completion of Services and receipt of full payment.

6. Warranty. Contractor may provide certain warranties for its products and services, and any such warranty, if any, shall be described in the Estimate. Any and all warranties shall be voided, at Contractor’s discretion, if a person or entity other than Contractor performs work on the warranted products and/or services. Customer acknowledges there may be service fees associated with future warranty work.

7. Personal services not required. Contractor is not required to render the Services personally and may employ others to perform the Services without Customer’s knowledge or consent.  

8. Lawn damage. Customer acknowledges that Contractor’s performance of Services will likely cause varying degrees of damage to the lawn, considering the nature of the Services provided. While Contractor at all times strives to inflict as little damage as possible and maintain the beauty and integrity of Customer’s lawn, Customer hereby agrees to NOT hold Contractor liable, nor withhold any amount of payment, for lawn destruction related in any way to Contractor’s performance of Services. Same applies to any portion of Customer’s property where Contractor performs Services pursuant to this Agreement (e.g., driveways, dirt paths, sidewalks, gardens, and any and all other land on Customer’s property which might not be referred to as “lawn”).   

9. Liability waiver. Customer acknowledges lawn irrigation equipment and services as well as electrical lighting work carry inherent risks which can result in damages and/or injury. Customer hereby assumes full responsibility for such damages and/or injuries and hereby completely releases and discharges Contractor for damages and/or injuries arising out of Contractor’s equipment and Services, whether the damages be sustained by Customer; Customer’s family, friends, neighbors, pets, or other persons; Customer’s real or personal property; and any and all other damages whatsoever arising out of Contractor’s equipment and Services.

10. Confidentiality. Contractor will not divulge Customer’s confidential information.

11. Photo release. Customer hereby grants permission to Contractor to take photographs relating to the Services provided at Customer’s property, including photographs which might include Customer or members of Customer’s family. Customer grants permission to Contractor to publish said photographs in furtherance of marketing Contractor’s business as well as for any other lawful purpose. Customer waives any right to royalties or compensation related to the use of the photographs, as Customer’s participation is voluntary.

12. Entire agreement. Apart from the Estimate, this Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing by the parties hereto.

13. Waiver of breach. The waiver by Contractor of a breach of any provision of this Agreement by Customer shall not operate or be construed as a waiver of any subsequent breach by Customer.

14. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue to be given effect. If a court finds any provision invalid or unenforceable but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

15. Applicable law. This Agreement shall be governed by the laws of the State of Tennessee, USA, as such laws apply to contracts between Tennessee residents entered into and performed entirely in Tennessee (notwithstanding your place of residency).

16. Venue. Customer hereby agrees that any dispute arising from or relating to this Agreement shall be brought exclusively in a court of competent jurisdiction in Sumner County, Tennessee, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court.

17. Costs, interests, and fees. Customer hereby agrees to pay for all forms of collection for non payment including demand letters and reasonable attorneys cost of postage associated with sending the letters or correspondence.   Customer hereby agrees that if Contractor brings suit against Customer for delinquent payment and obtains a judgment against Customer for any amount, Customer shall pay all court costs, pre- and post-judgment interest, and reasonable attorneys’ fees. Customer acknowledges if they completely outright refused to pay for services Golden Landscapes Irrigation may exercise the right to file theft of services.