This is an agreement between Customer as identified in the ESTIMATE, and KIR, INC. d/b/a Wild Earth Gardens (hereafter referred to in the singular as "WEG") with offices at 3970 Broadway, Boulder, CO, 80304. Customer agrees to purchase the services of WEG in as set forth in the Estimate’s Project Description, 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. The invoice shall be paid by Customer within 30 days of the invoice date. If the total balance is not received by WEG by the end of the 30-day period, interest will be paid on that balance by Customer at a rate of $25 or 5% whichever is greater 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 1 year from the date of installation, provided the plant has been cared for as instructed, and not misused. WEG warranty extends only to plantings that are watered in by an automatic watering system. Hand watering will not be covered. 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, wildflowers, seeds, bulbs, and non-winter hardy plants. Wild Earth Gardens will determine if warranty applies. 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, using quality grass seed, applied at a rate of at least that of the manufacturer’s recommendation or sod that is grown for Colorado & recommended for these climates & varying elevations. 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 rooting of sod, 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.
IRRIGATION SYSTEMS: WEG installs irrigation systems according to common industry practices. Wild Earth Gardens warrants that system components provided under this Agreement will be free from defects and the installation will be functional for a period of 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. WEG assumes no responsibility for damaged caused by aerators or other equipment. WEG cannot guarantee depth of underground components as barriers such as boulders, tree roots, or other may exist.
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 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.
CONCRETE INSTALLATIONS: If concrete is installed as part of this project, Wild Earth Gardens, or it’s subcontractor, will provide the quality materials and standards of workmanship generally accepted in the construction industry. Reinforcement mesh or bars will be placed and tied in all concrete and properly spaced crack control joints will be provided to minimize random cracking. However, the action of finished concrete is unpredictable. As a result, even with these preventative measures, Wild Earth Gardens or it’s subcontractor cannot guarantee that a crack(s) will not develop in the finished concrete surface.
Use of deicers on concrete, in 1968, the federal Trade Commission, issued a warning about the use of deicing chemicals on concrete that stated in part, “although these products are often represented to be safe for use on concrete, it appears that their use may result in flaking and scaling of concrete surfaces to which they are applied….consumers should be alert to the possibility that use of chemical products to melt snow & ice may cause damage to their concrete surfaces, contrary to the representations made for such products…” Deicing chemicals should not be used under any circumstance for 1 year. Under certain conditions, deicers that contain sodium chloride, or calcium chloride may be used after the first year. If these products are to be used, it is recommended that a surface sealer be applied in Autumn prior to their use.
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 verbally, email, or text. Excessive changes by the customer will incur 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. Wild Earth Gardens will call for underground locates prior to the project but 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.
OWNERSHIP & USE OF DOCUMENTS: Plans, sketches, plant lists, specifications, cost estimates and any other documentation created by Wild Earth Gardens are sole property and protected by copyright laws. The documents convey design ideas to Client and provide a guide to Wild Earth Gardens crew in performing the landscape improvements they describe. The client may maintain copies for personal use but will not, without express written consent of Wild Earth Gardens, permit any other entity to use these documents for any purpose.
OBLIGATIONS: Wild Earth Gardens will provide all labor, materials, and equipment to provide the contracting services to the client. Wild Earth Gardens will make reasonable efforts to complete the project as designed. Wild Earth Gardens will work with other contractors on site. This may mean slight schedule changes or working with changing conditions on site or assisting if & where needed. Wild Earth Gardens will be communicative and responsive to the client in the form of phone calls, emails or texts throughout the process of the installation. Wild Earth Gardens will be respectful of the client’s property while on site.
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.
THE INSTALLATION PROCESS
Project Timing: A general time frame will be given to the client upon execution of the contract for work to begin. This is a courtesy. Normally, a minimum of 7-12 days is required to obtain the materials to start the project. Wild Earth Gardens will be on site dependent on the overall schedule, the weather and unforeseen delays.
Unforeseen Site Conditions: Upon discovering unforeseen site conditions on the site that affect the work, Wild Earth Gardens will notify the client. Until authorized by the client, Wild Earth Gardens will not provide additional work that is needed or continue any original work that is in jeopardy due to the unforeseen conditions.
Minor Design Modifications on Site: In response to specific site conditions and/or to achieve the best possible result, minor design modifications may be implemented on site. Wild Earth Gardens design staff or or project managers may employ artistic license in making these minor adjustments.
Plant Material Substitutions: Plants in the landscape plan should be carefully considered before signing the agreement. Once the Contract is signed, the specified plants are located by Wild Earth Gardens and either reserved or purchased at various nurseries. Generally, purchases from suppliers are final and restocking fees are charged for plants that are reserved and not purchased. As a result, the client is responsible for changes in materials, including plants. Necessary supply shortages or unacceptable quality may make it impossible or undesirable to obtain specified construction materials or plants. In this event, Wild Earth Gardens will propose a substitute that will be incorporated into the work following client’s verbal authorization.
Utility Locates: A location service will mark the approximate location of underground utilities on client’s property by inserting small flags in the ground and spray painting on the lawn & in the beds. Client will make every effort not to disturb these markings (not including mowing the lawn), as they are important to Wild Earth Gardens prevent the disruption of utility services during construction.
Port-A-Potty: Depending on the length f the project, a port-a-potty may be provided for Wild Earth Gardens crew. Wild Earth Gardens will work with client to find a suitable location.
Deliveries: Materials such as topsoil, stone, gravel, mulch, sod & plants will be delivered at various times throughout the project. Wild Earth Gardens will attempt to place these items out of the way of driveways and traffic. However minor inconveniences may be experienced from the staging of materials
Irrigation: If the project includes irrigation work, Wild Earth Gardens may need access to the house or garage for utility taps. If the client is unable to be present for this portion of the work, client may need to leave a key or garage door opener code with a Wild Earth Gardens employee for access. Wild Earth Gardens will program the irrigation controller at the end of the project. The client will be instructed as to the use of the irrigation system & how it irrigates new plants.
Equipment/Clean Up During the project: Wild Earth Gardens crew may leave tools and equipment at the client’s property in a semi secure location. Tools will be concentrated in one area as a part of the daily clean up. At the end of the project the tools and equipment will be removed and the site left clean.