1. TERMS OF INSTALLATION
AGREEMENT Quality Irrigation, LLC will furnish
all materials identified in the proposal, and
Quality Irrigation, LLC will furnish all labor
necessary for the complete installation of underground
irrigation system pursuant to the terms set forth
below. Customer will pay for said underground
irrigation system in the manner set forth below.
2. PERFORMANCE Unless otherwise agreed to by
the customer, Quality Irrigation, LLC will commence
work on the installation of the underground irrigation
system at the address set forth on the proposal
no later than______days after the acceptance
of this Agreement, and shall complete said installation
work no later than______weeks thereafter. The
dates shall be extended by reason of any delays
caused by customer, the plumbing company used
for this job, or any other reason not within
the control of Quality Irrigation, LLC. The extent
of Quality Irrigation, LLC’s work shall
include the acquisition and installation of only
those materials certified on the proposal, and
any and all work necessary to insure a properly
functioning underground irrigation system.
3. CUSTOMER’S RESPONSIBILITY Customer
shall be responsible for locating all underground
utilities, obstructions, and property lines.
Also customer shall mark all drain lines, gas
grill lines, invisible dog fences, ornamental
lighting lines, and other underground obstructions.
Quality Irrigation, LLC SHALL NOT BE RESPONSIBLE
FOR ANY DAMAGE OCCURRING BY REASON OF CUSTOMERS
FAILURE TO LOCATE AND MARK ALL UNDERGROUND OBSTRUCTIONS
OR BY REASON OF THE INSTALLATION OF THE UNDERGROUND
IRRIGATION SYSTEM ENCROACHING UPON PROPERTY LINES.
ANY REPAIRS UNDERTAKEN BY Quality Irrigation,
LLC AS A RESULT OF THE CUSTOMER FAILING TO ACCURATELY
MARK OBSTRUCTIONS, SHALL BE BILLED AT Quality
Irrigation, LLC’S CUSTOMARY RATES.
4. CONDITION OF LOT Customer understands and
agrees that the installation of an irrigation
system requires minor excavation (12” or
less). Quality Irrigation, LLC will undertake
any reasonable efforts to restore customer’s
lot to the most plausible original condition
after completion of said installation. However,
customer acknowledges that said restoration shall
not be to the original condition of the lot.
Further, any unusual damage done to customer’s
lot during Quality Irrigation, LLC’s excavation,
by reason of large subsurface rocks or other
subsurface condition unforeseen by the parties
hereto shall not be the responsibility of Quality
Irrigation, LLC. Customer agrees to incur the
cost of any extraordinary restoration work required
hereby. Customer also understands and agrees
that said installation may require Quality Irrigation,
LLC to bore under existing sidewalks and driveways.
Quality Irrigation, LLC will undertake all reasonable
efforts to minimize such damage caused thereby
and to repair any such damage. However, Quality
Irrigation, LLC shall not be responsible for
such damage other than that created by negligence
of its employees.
5. PAYMENT TERMS Customer shall deposit with
Quality Irrigation, LLC in amount equal to 50%
of the total installation contact price hereunder
upon customer’s execution of this Agreement.
Customer shall pay the balance of the contract
price upon completion. All payments shall be
made to Quality Irrigation, LLC’s representative
or at Quality Irrigation, LLC’s place of
business as identified on the proposal. FAILURE
TO PAY THE BALANCE OF THE INSTALLATION CONTRACT
PRICE WITHIN FIVE (5) BUSINESS DAYS AFTER SAME
BECOMES DUE SHALL VOID WARRANTY DESCRIBED BELOW.
6. GUARANTEE AND LIMITED WARRANTY Quality Irrigation,
LLC guarantees the installation of a satisfactory
and properly operating underground irrigation
system. Further, Quality Irrigation, LLC warrants
the installation, workmanship, design and materials
employed in connection with the underground irrigation
system. THIS GUARANTEE AND LIMITED WARRANTY SHALL
BE EFFECTIVE FOR A PERIOD OF ONE (1) YEAR ONLY
FOLLOWING THE COMPLETION OF INSTALLATION HEREUNDER.
During the period of this guarantee and limited
warranty, Quality Irrigation, LLC will repair
or replace any defects in the underground irrigation
system without charge to the customer and shall
close down and winterize the system at year end
provided that this guarantee and limited warranty
shall not cover, and Quality Irrigation, LLC
shall not be responsible for, any defects in
the workmanship or devices of others upon which
the system functions, nor for any damages resulting
from the negligence of the customer from vandalism,
from excavations, or any acts of God. Further,
this guarantee and limited warranty does not
apply to any defects or insufficiencies resulting
from decrease in water main static pressure,
changes to landscaping, changes to plant growth,
increases and decreases in the size of the customers
lot. For maximum efficiency, the irrigation system
should be operating during nonpeak hours, when
domestic water usage is at a minimum. During
the guarantee and limited warranty, customer
shall be solely responsible for all adjustments
to sprinkler heads and the controller.
The guarantee and limited warranty hereunder
is in addition to all manufacture’s warranties.
THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE
WARRANTY MADE BY Quality Irrigation, LLC AND
NO OTHER WARRANTIES SHALL APPLY, WHETHER EXPRESSED
OR IMPLIED. Quality Irrigation, LLC EXPRESSLY
DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY