North Mountain Landscape

Terms & Conditions

1. Definitions

“CONTRACTOR” refers to North Mountain Landscape, its employees, supervisors, managers, crew members, laborers, foremen, and subcontractors.

“OWNER” includes the property owner or any person deemed responsible for the property, such as a tenant, occupant, neighbor, principal, family member, caretaker, house sitter, property manager, agent for the owner, security, concierge, or builder.

2. Access

OWNER agrees to provide necessary access for CONTRACTOR to provide services as scheduled and detailed.

If access is denied or CONTRACTOR cannot reasonably gain access, the service may be delayed. CONTRACTOR is not responsible for conditions or effects related to a missed or delayed visit.

Constraints imposed by the OWNER or tenant, other contractors, suppliers, weather, access, pets, or disputes may delay or prevent services from being performed. If work is delayed, additional charges may apply for repeat or return visits.

3. Limitations & Remedies

Customer’s sole and exclusive remedy for any claim against CONTRACTOR with respect to the quality of services provided under this Agreement will be the correction by CONTRACTOR of any material defect or deficiency of which Customer notifies CONTRACTOR in writing within 48 hours.

In the absence of such notice, the service will be deemed satisfactory and accepted by Customer.

We will run through the sprinkler system to ensure proper operation after completion of the job. We assume no liability after 24 hours after the fact. We are aware that leaks can happen, but if a leak is due to our negligence, we will be able to identify that within 24 hours.

4. Damage

Incidental, unintentional, and accidental damage to property or items on or near the property and work areas, as a result of the performance of this service, is the OWNER’s responsibility to replace or repair.

5. Disclaimer

Damages caused by CONTRACTOR during normal operations that are not from intentional acts or negligent behavior are not the obligation of CONTRACTOR to correct or compensate for.

Reparations for any damages arising from the performance of this service are limited to the contracted amount of the service.

CONTRACTOR will perform landscape service, repair, and maintenance duties. However, ultimately, CONTRACTOR is not responsible for the health or condition of the landscape or property.

It is CONTRACTOR’s intent to work with the OWNER of the landscape to perform tasks as detailed and complete described duties, not to be responsible for the landscape.

Because we are working with nature and perishable material, and because many factors affect our duties—including but not limited to budget, age of landscaping, previous maintenance practices, and weather—we cannot guarantee that we achieve and maintain results with this service.

All irrigation reports provided are meant to document the irrigation and controller programming performed by CONTRACTOR and to alleviate any doubt or false accusations and assumptions directed toward CONTRACTOR for improper or incorrect programming in the event there is expense, damage, or waste involved with the amount of watering determined by the controller settings.

The OWNER of the property understands that they are totally responsible for water use and water damage regardless of who they use to assist them with programming the controller.

CONTRACTOR holds no responsibility for any homeowner’s association violations on the property.

6. Notes & Recommendations

OWNER is responsible for daily observations of landscape conditions, including whether the landscape is wet or dry, and for notifying CONTRACTOR of conditions in which help is needed.

Irrigation controller programming may or may not be included in the service and may or may not use a local water authority programming guide, direction from the OWNER, programmer discretion, current weather conditions, how irrigation emitters and sprinklers affect surrounding properties, landscapes, buildings, vehicles, or personal items, and the type and age of plant material being irrigated.

During months with more extreme weather conditions, irrigation repairs, adjustments, and temporary changes may be made without prior OWNER approval.

If this is unacceptable, OWNER must notify CONTRACTOR to adjust the agreement to reflect the policy for these situations.

Programming the controller does not guarantee results. Other conditions affect the proper operation of the irrigation system as well as affecting plant material.

OWNER understands that controllers can fail without warning, valves can stick open or closed, emitters can clog, sprinklers can become misaligned or fall out of adjustment, pipes and fittings can fail, and leaks can occur out of sight.

CONTRACTOR is not responsible for any issues other than those regarding workmanship performed by CONTRACTOR.

7. Warranty

Any warranty, whether expressed or implied, is only on irrigation system components or parts for new work or repairs performed by CONTRACTOR and must be provided in writing to be valid.

CONTRACTOR will offer an irrigation system limited warranty for parts and labor for up to one (1) month on most items installed.

The warranty excludes repairs necessary due to, but not limited to:

  • Neglect
  • Improper use or care
  • Vandalism
  • Issues beyond CONTRACTOR’s control
  • Acts of God

8. Water

OWNER agrees to provide water service at no additional charge to CONTRACTOR during the service.

Water may be used for landscape and landscape-related purposes, including:

  • Dust control
  • Plant irrigation
  • Digging
  • Drinking
  • Operation and maintenance of tools, materials, supplies, and equipment
  • Storage of nursery stock
  • Washing, clearing, and cleaning landscapes
  • Sidewalks, patios, pool decks, driveways, and streets
  • Weather and natural material cleanup
  • Concrete and asphalt cleanup
  • Job site cleanup

9. Invoicing

Invoicing for all irrigation repairs is due upon completion of work unless otherwise noted in writing.

10. Late Payments, Fees & Other Charges

Any payments that are more than 5 days late will accrue a $25.00 late fee and will accrue compounding interest at the rate of 24% APR.

It is also agreed that a lien may be placed against the property if payment is not made within 30 days.

If this contract, for any foreseen or unforeseen reason, is submitted to arbitration or judicial court, the balance due will accumulate 24% interest annually.

OWNER agrees to pay any and all costs of collections, including but not limited to collection fees, court costs, and attorneys’ fees, whether or not a lawsuit has commenced.

Jurisdiction and venue for any lawsuits shall reside exclusively within Utah County, Utah.

In the event of a returned check, OWNER agrees to pay a $50.00 fee in addition to all applicable charges.

In the event of an unmerited credit card chargeback, OWNER agrees to pay a $50.00 fee in addition to all applicable charges.

All agreements are contingent upon strikes, accidents, inclement weather, acts of God, or delays beyond our control.

11. Cancellation

Should OWNER desire to cancel service, CONTRACTOR must be successfully contacted by OWNER no less than 1 hour prior to the scheduled service.

Should CONTRACTOR not receive notification more than 1 hour prior to scheduled service and a service call has been started, OWNER will be billed at the minimum rate.

CONTRACTOR reserves the right to cancel service at any time through written notification and without cause.

12. Work Delays

If a scheduled service is stopped due to OWNER for any reason, regular charges will still be incurred for the scheduled service.

If any portion of the property is inaccessible on a scheduled service date, those portions of the property will be skipped, and regular charges will still be incurred for the scheduled service.

Rescheduling of skipped portions will be at the discretion of CONTRACTOR and may incur additional charges.

13. Changes & Additional Work

Any alteration or deviation from the above specifications involving additional costs will be executed only upon written orders and will become an additional charge over and above the estimate.

Any change orders dictated by the customer that result in a work stoppage will incur an additional $500.00 “move-in” charge.

Any installation completed according to the agreed-upon contract or plan is considered final.

Any changes to completed portions of the job requested by the customer will result in additional charges for labor and materials.

14. Other

All agreements are contingent upon material availability, accidents, inclement weather, acts of God, or delays that are beyond our control.

North Mountain Landscape

By scheduling or authorizing services, the OWNER acknowledges and agrees to the terms and conditions outlined above.