WILD EARTH GARDENS
CONTRACT FOR MATERIALS AND SERVICES
This is an agreement between Customer as identified in the attached ESTIMATE, and KIR, INC. d/b/a Wild Earth Gardens (hereafter referred to in the singular as "WEG") with offices at 60 Spring Lane, Boulder, CO, 80302. Customer agrees to purchase the services of WEG in as set forth in the Estimate’s Project Description, attached hereto and made a part hereof, and WEG agrees to render such services. As consideration, Customer agrees to pay WEG the amount shown as “Total” in the Project Description (“Contract Price”) in exchange for performing the services described in the Project Description. The parties further agree as follows:
PAYMENTS. All deposits are non-refundable. Customer will pay WEG 30% of the Contract Price upon acceptance of the Project Description and execution of this agreement. Customer will pay WEG 40% of the Contract Price the day work begins. WEG will invoice Customer for the remaining 30% when work is substantially complete, as determined by WEG. The invoice shall be paid by Customer within 15 days of the invoice date. If the total balance is not received by WEG by the end of the 15-day period, interest will be paid on that balance by Customer at a rate of 1.5% per month. Failure by Customer to pay the remaining balance within 60 days will constitute breach of this agreement. Upon breach of this agreement, Customer agrees to pay all costs of collecting any remaining balances, including attorney’s fees. No warranties, if any, will be issued until full payment is received.
WARRANTIES. CUSTOMER UNDERSTANDS AND AGREES THAT EXCEPT AS EXPRESSLY SET FORTH HERE, WEG DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THAT WEG HEREBY DISCLAIMS ALL SUCH WARRANTIES. NO ADVICE WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM WEG SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
PLANTS. WEG will offer one-time only replacement of any tree, shrub, evergreen or woody vine that has died within 60 days from the date of installation, provided the plant has been cared for as instructed, and not misused. WEG will not replace plants killed by animals, rodents, insects, mechanical damage, neglect, natural disasters, lack of winter watering or other reasons over which WEG has no control. This warranty does not cover annuals, small perennials, ground covers, wildflowers, seeds, bulbs, roses and non-winter hardy plants. An additional labor charge for plant removal and reinstallation will apply. Any repairs/replacements made to any installation after expiration of this warranty will be made at Customer's expense. Any repairs made to any installation by any party other than WEG voids any warranties offered by WEG.
LAWN INSTALLATION. WEG installs lawns according to common industry practices, either using high quality grass seed, or high quality turf-grass sod. It is the responsibility of the Customer to ensure that rough grades have been established according to municipal drainage plans and within 2” of finished grade. Once seeded or sodded, WEG has no control over weather, watering or other cultural practices of Customer. Therefore WEG cannot guarantee the germination rate of seed, or general success of the seeding or sodding. Repairs done on a lawn installation project are done at the expense of Customer. WEG also cannot accept responsibility for settling due to new construction, utility lines or any other excavations not performed by or supervised by WEG.
BRICK PAVING/RETAINING WALLS. WEG warrants that any brick paving or retaining wall material provided under this Agreement will be free from defects and the installation will be functional for a period of one (1) year from the date of completion of the work to be performed under this Agreement, provided the installation was used as was intended and set forth in the Project Description, and was not misused. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer's expense. Any repairs made to any installation by any party other than WEG voids any warranties offered by WEG.
CHANGES. WEG will make reasonable efforts to complete the Project Description as designed. Circumstances may arise beyond the control of WEG that may prevent construction of the Project Description exactly as planned. WEG will make reasonable efforts to minimize this impact on the design and construction. Customer acknowledges this possibility and accepts the action WEG will take to minimize the potential change in design. If Customer wishes to change any part of the installation after this agreement is signed, but prior to commencement of installation, which results in additional material or labor costs for WEG or results in delays in the completion of the Project Description, said costs will be added to the remaining balance and billed hereunder as part of the original agreement. Any changes in the design or Project Description, whether the changes result in additional time, cost, or neither, must be made in writing and signed by both parties, using a Change Order Form. Each change made by Customer during installation will result in a $100 charge, in addition to any additional charges for materials or labor that are incurred by WEG as a result of the change. The $100 charge will apply regardless of the impact of the change on labor or material costs.
PERMITS AND UTILITIES. Customer is responsible for securing all necessary permits. Unless specified in writing, WEG is not responsible for any code violation made at Customer’s request. WEG is not responsible for damage relating to or otherwise arising from undisclosed underground electrical or gas lines, sprinkling systems or other underground utilities.
PROJECT START AND COMPLETION. An estimate of the number of days to complete the contracted work and an expected start date are provided as a courtesy. There may be delays in the beginning date and completion date due to poor weather or other circumstances beyond the control of WEG. Those delays will not alter or invalidate any part of this agreement, nor will they entitle Customer to additional rights under this agreement.
TERMINATION. This agreement may be canceled by Customer by mailing written notice to WEG before midnight the second business day after Customer has signed this agreement. If after that time Customer wishes to terminate this agreement, Customer must give WEG five (5) days advance written notice. WEG will retain any monies paid by Customer up to the effective date of termination, and is entitled to any expenses for materials or other expenses incurred by WEG.
ESTIMATES. WEG will make reasonable effort to accurately estimate the materials needed to complete the Project Description under this agreement. However, Customer acknowledges that there may be differences between the estimate and the final price. Any deviations from the specifications listed above which involve extra costs, add-on projects, or work arising from storm damage or other factors beyond the control of the contractor shall be executed upon written or verbal orders, and shall be considered contract add-ons.
NOTICE OF LIEN RIGHTS. AS REQUIRED BY THE COLORADO LIEN LAW, WEG HEREBY NOTIFIES OWNER THAT WEG IS FURNISHING TO CUSTOMER CERTAIN LANDSCAPE LABOR OR MATERIAL IN CONNECTION WITH THE IMPROVEMENT OF THE REAL PROPERTY SET FORTH ON THE PROJECT DESCRIPTION.
LIMITATION OF LIABILITY. THE LIABILITY OF WEG ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUPPLY OF PRODUCT HEREUNDER, SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY CUSTOMER, TO WEG FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES AND IN NO EVENT SHALL WEG BE LIABLE TO THE CUSTOMER, WHETHER IN CONTRACT OR IN TORT, FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND EVEN IF WEG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BY REASON OF ANY BREACH OR DEFAULT UNDER THIS AGREEMENT.
This agreement shall be interpreted and enforced in accordance with the laws of the State of Colorado.