Warranty
Please carefully read the following terms and conditions of this Quote/Agreement for Services. Your signature on this form will be considered agreement to all terms and conditions listed herein.
1. Scheduling and Payment. We require a deposit of 50% of the total cost for services prior to scheduling services. The remaining balance will be due at the time of service. The customer should be at the property to pay upon completion if they have not already provided payment. You need not be at the property at the time of service as long as we have full payment (leave a check under your door mat or call us with a credit card), access to the yard, and all animals are secured. If a portion of the job cannot be completed due to backordered materials or other issues outside of CYC control, that portion of the balance may be withheld until completion but the completed portion must be paid. Due to the varying nature and complexity of the services we provide, a specific start time cannot be given, however, we will make a good faith effort to come on the day scheduled.
2. Limited Warranty. DON’T PANIC. We stand behind our work and will return to correct workmanship issues as indicated below. If you have a problem, we will generally send a supervisor to diagnose before initiating any repair work. We will rarely offer refunds, and only at our sole discretion. Note: Only work in writing in the Scope of Services section on the reverse side of this form will be included under this section (Section 2). All warranties are from the date the work is completed and are limited to actual work performed by CYC.
Five Year Warranty: Pavers, Synthetic turf
Two Year Warranty: Irrigation (except heads or repairs)**, Lighting (except light bulbs)**, Concrete, Walls and all other Hardscaping and Masonry***
Three Month Warranty: Plants*, Sod*, Water feature pump & leveler, Irrigation heads or repair work**, Sand for paver joints
One Month Warranty: Weed Spray (80% will die within 30 days – except nut grass). Weeds will return – please maintain your yard.
One Week Warranty: Any other products that are not listed including clean up work and tree trimming.
*Some plants may be expressly excluded. All annuals are excluded and have no warranty. CYC reserves the right to replace poorly performing plants or sod with a comparable product more suited to the environmental conditions. We usually choose to wait for the season to change before replacing the plant. Plants and sod are only warrantied if we buy, install, and provide irrigation for them to our specifications. The warranty is void if the timeclock is set significantly different from our guidelines. Please note that all plants and sod are expected to temporarily wilt or brown after installation, they should generally improve over the first month so please be patient. If a plant is alive but struggling we generally won’t replace it as it will usually recover. All living things vary in size & appearance so there will be variation. Sod that becomes dormant at the change of season will not be replaced.
** Additional problems on older irrigation systems should be expected and are chargeable. “Check drips” includes minor repairs but not significant ones such as valves or leaks under hardscaping. CYC is not responsible for setting time clocks (apart from when they are first installed). Valves shut off for more than two months are not covered. Only lights that we have bought and installed are covered. Solar lights are excluded as are repairs to existing lights. Light bulbs are not warrantied.
***Minor cracks in concrete and mortar up to 3/32” are normal and to be expected. They cannot be repaired.
CYC shall not be liable for problems due to factors beyond our control including (but not limited to) freezing, parasites, predators, vandalism, fire, wind, acts of God (including lightning). Tire marks or minor damage must be expected from tool use or material handling in the driveway or paths. CYC will not be responsible for damage caused by going under or through existing landscaping to complete contracted work. Landscape industry standards generally have wide tolerances so problems that aren’t obvious without close examination usually aren’t covered. It is critical to maintain your yard – all products require some maintenance.
3. Cancellation Fees and Trip Charges. Jobs are scheduled for all our clients and cancellation results in a disruption of our service and lost revenue to CYC. You agree that it is difficult if not impossible to determine CYC’s actual damages caused by cancellation in less than 2 full business days prior to scheduled service. You agree that the cancellation fee is a reasonable amount of CYC’s damages. Client will be responsible for a cancellation fee in the amount of 10% of the total cost of services or $100 (whichever is greater) if cancelled, changed or postponed with less than 2 full business days notice prior to the scheduled services (including if full payment was not available to CYC at or by the time of arrival to the property). Client remains responsible for all material costs including, but not limited to, delivery and trip costs—these charges will be deducted from Client’s deposit. We reserve the right to cancel services at any time prior to scheduling. Client will be responsible for a $100 trip charge if: (1) CYC is called out for a non-warrantied item, (2) CYC was not given access to the property at arrival, (3) CYC is called back to the property to correct a dissatisfaction known to Client at the time services were rendered.
4. Control of Work. (i.) CYC reserves the right to design and control our work as we feel best which may not necessarily be to Client specifications. We may also need to make changes to the original plan due to jobsite conditions. CYC determines the definition of terms - please ask for clarification if you are unsure of a term’s meaning. Every Client has different expectations and assumptions, so we can only do what is specifically listed under scope of work. (ii.) Client is responsible for giving good faith and timely notice to CYC office personnel of any problems. (iii.) We will not tolerate verbal abuse, and reserve the right to discontinue services in the event we determine Client is abusive. (iv) CYC reserves the right to cancel all or part of a job that we feel cannot be performed professionally or safely.
5. Cost of Collection. Client is responsible for all collection and litigation costs and fees incurred by CYC, CYC’s representatives and/or agents including, but not limited to, time spent by the foregoing in pursuing collections at a rate of $45 per hour. Client is also responsible for any attorneys’ fees and costs associated with pursuing collection. In addition, Client is liable to CYC for late charges of 2% of the outstanding balance per month. We will charge a $50 fee for cancelled or insufficient fund checks—we strongly recommend being given the opportunity to correct problems before Client cancels payment.
6. Other. We reserve the right to use photographs of the property for marketing purposes. Our mailing address is PO Box 12590, Tempe AZ 85284.
7. Governing Law and Divisibility. This Quote/Agreement is governed by the laws of the State of Arizona. If a provision of this contract is deemed unenforceable, all other provisions remain in effect.
8. Indemnity. Client agrees to indemnify and hold CYC, its officers, agents, and employees harmless from any claim, loss, costs, damage or liabilities, including attorneys’ fees and costs, that result from acts or omissions by Client or Client’s breach of this agreement. Client also agrees to indemnify and hold CYC, its officers, agents, and employees harmless from any claim, loss, costs, damage or liabilities, including attorneys’ fees and costs, that result from a condition on the property existing before, during, and /or after services are completed by CYC, whether or not caused or created by CYC.
9. Limitations on Liability. IN NO EVENT SHALL CYC BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR DAMAGE TO THE PROPERTY OR BROKEN PARTS OR EQUIPMENT, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF CYC HAS BEEN ADVISED OF OR KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. CYC'S LIABILITY SHALL BE LIMITED SOLELY TO THE COST OF REPAIR OR REPLACEMENT OF PRODUCT OR SERVICE PROVIDED. CYC SHALL NOT BE RESPONSIBLE FOR DAMAGES UNRELATED TO CYC WORKMANSHIP INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM CLIENT MISUSE OR NEGLIGENCE, AND ANY REPAIR WORK THEREFORE WILL BE CHARGEABLE TO CLIENT.
10. Permits. Any applicable permits and/or homeowners association approvals will be the responsibility of Client.
11. Prices. The prices quoted are fixed and will be honored if scheduled within five days unless specifications are changed. Hidden issues not foreseeable by CYC and any additional work that we deem necessary or added by the Client will be approved in writing. Client is responsible for the amount quoted—no discounts will be given. Any residual materials are the property of CYC.