Irrigation Service Agreement

Agreement and contract documents This Irrigation Service Agreement, the estimate identified above, approved plans or permit specifications, and each written change order are the entire agreement between All American Irrigation ("Company") and the customer identified above ("Customer"). The Agreement becomes binding when Customer signs or electronically accepts it and Company accepts the project, subject to any cancellation right that cannot legally be waived. If documents conflict, the latest signed change order controls, followed by specific terms in the estimate, this Agreement, and then plans or specifications. Scope, estimate, and price Company will perform only the labor and furnish only the materials specifically described in the estimate. Unless the estimate states otherwise, it is valid for 30 days and is based on the visible conditions, measurements, system information, water-source information, photographs, permits, and access available when prepared. Estimated quantities and allowances will be adjusted to actual authorized quantities when the estimate uses unit pricing or allowances. Not included unless listed. Surveying, engineering, permit or inspection fees, water-service or well modification, utility relocation, electrical or plumbing work, boring beneath pavement, rock removal, contaminated-soil handling, pavement repair, final landscaping, topsoil, seed, sod, and restoration beyond rough backfill and grading are excluded unless the estimate expressly includes them. Scheduling, access, and site readiness Scheduling begins after any required deposit, permit, design approval, utility markings, and site authorization are received. Dates and arrival windows are good-faith estimates, not guarantees. Weather, emergencies, road conditions, material availability, municipal watering restrictions, inspections, saturated or frozen ground, and unsafe site conditions may require rescheduling without breach. Customer will provide safe, lawful access for technicians, service vehicles, trailers, trenchers, and installation equipment; unlock gates; remove obstructing vehicles; secure children and animals; make the water supply and controller accessible; and identify soft ground, septic areas, drainfields, private drives, and other load-limited areas. A $40 fee may be charged for cancellation or rescheduling within 24 hours, or when service cannot be completed because of a locked gate, unavailable water, aggressive animal, inaccessible equipment, required Customer absence, or another Customer-controlled access condition. Customer information and responsibilities Customer represents that Customer owns the property or is authorized by the owner to approve the work. Customer will: Provide accurate information about property lines, easements, existing irrigation layout, prior repairs or leaks, controller and valve locations, permits, and known hazards. Disclose whether the system uses municipal water, a well, lake or other source, and identify known pressure, flow, pump, filtration, water-treatment, electrical, drainage, or water-quality concerns. Follow reasonable instructions to shut off or limit system use, protect open excavations, and avoid operating affected zones until Company confirms they may be used. Provide reasonable access to water, electricity, controllers, valves, backflow devices, pumps, and indoor connection points when the estimate requires them, and keep the work area clear. Company will use the public utility-locate process when legally required. Customer must accurately identify and mark private utilities and improvements not covered by that process, including private electric or gas lines, propane lines, water-service and well lines, sewer laterals, existing irrigation, invisible fencing, low-voltage wiring, drains, lighting, pool lines, and owner-installed systems. Except to the extent caused by Company's negligence, Company is not responsible for damage to an undisclosed or incorrectly marked private item. Service calls, diagnostics, and repair limitations Unless the estimate states otherwise, the standard service-call fee is $75 and additional labor is billed at $75 per technician-hour, plus materials. The service-call fee covers dispatch and the initial on-site assessment; it does not include parts or additional labor unless the estimate or invoice expressly says so. Customer authorizes the initial diagnostic service and will be asked to approve additional repairs before Company performs them. Irrigation diagnosis is often a process of elimination because valves, wiring, controllers, piping, pressure, flow, heads, pumps, wells, and supply components interact. An authorized repair may be necessary and properly performed even if testing then reveals another leak, restriction, wiring fault, hydraulic limitation, or need to divide a zone. Company does not guarantee that the first authorized repair will resolve every symptom, and Customer remains responsible for authorized diagnostic work, completed repairs, materials, and additional approved work. Existing components. Old, brittle, corroded, cracked, root-affected, improperly installed, or previously repaired piping, fittings, valves, heads, wiring, controllers, pumps, and backflow components can fail during ordinary testing, adjustment, excavation, or pressure changes. Company will use reasonable care and report observed concerns, but pre-existing deterioration and latent defects are not caused by the service merely because they become visible during the work. Installation, excavation, and restoration conditions Permits, utility requirements, approved plans, and applicable plumbing or cross-connection requirements govern the work. Customer is responsible for obtaining and paying for permits, surveys, engineering, connection approvals, and testing unless the estimate assigns a specific item to Company. Company may assist with filings or coordination but cannot guarantee approval. An inspector, water supplier, municipality, or other authority may require a scope or design change; resulting work and cost will be handled through a written change order. Installation and repair may disturb soil, turf, gravel, drives, planting beds, roots, and landscaping and may create ruts or compaction inherent in the approved work and necessary equipment access. Unless expressly included, Company will leave excavated areas at rough backfill and grade; imported topsoil, final grading, settlement correction, seed, sod, irrigation-related landscape restoration, pavement, decorative landscaping, and erosion maintenance are excluded. Normal settlement and seasonal soil movement are expected after backfill. Subsurface and hydraulic conditions. Undocumented utilities, buried debris, abandoned piping, roots, groundwater, unstable soil, rock, contamination, incorrect property information, inadequate pressure or flow, limited well recovery, and other concealed conditions may change the method, time, materials, performance, or price. Company will stop affected work when practical, explain the condition, and obtain authorization before additional non-emergency work. Changes and emergency field decisions A change in scope, price, material, or schedule must be documented in a written or electronic change order approved by Customer and Company. Customer authorizes the signer and any person Customer identifies as the on-site representative to approve changes. Company will obtain Customer authorization before performing additional non-emergency repairs. If immediate action is reasonably necessary to protect health, safety, the property, water supply, or open work from imminent damage, Company may perform the minimum protective work and promptly document the reason and charge. Payment terms For projects over $500, Customer will pay a 50% deposit before scheduling unless the estimate states different terms. Service invoices and the remaining project balance are due upon completion unless otherwise agreed in writing. Minor corrective or punch-list work does not postpone payment of the undisputed balance. Accepted payment methods are card, check, ACH, and cash. Customer must identify any disputed charge in writing and timely pay all undisputed amounts. Amounts unpaid more than 15 days after the due date may accrue a service charge at the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs and returned-payment charges to the extent permitted by law. A card or financing fee applies only if disclosed before payment. Company may suspend work for nonpayment after reasonable notice, and Customer remains responsible for completed work, ordered materials, permit costs, and reasonable demobilization or protection costs. Construction payment and lien documents For work that is an improvement to real property, Company and persons supplying labor or materials may have construction-lien rights under Michigan law. Company will provide sworn statements and lien waivers when required. Customer should keep payment records and should not require an advance waiver of lien rights. Nothing in this Agreement creates a lien where the law does not allow one. Customer cancellation and project suspension Any statutory cancellation right controls over this section. A $40 fee may apply to a cancellation or reschedule within 24 hours and to a failed visit caused by a locked gate, unavailable water, aggressive animal, inaccessible equipment, required Customer absence, or similar Customer-controlled condition. After a statutory period expires, or when no statutory right applies, Customer may cancel project work by written notice and will pay for authorized work performed, permit and design costs, nonreturnable or restocking materials, special orders, and reasonable mobilization, protection, and demobilization costs incurred through cancellation. Completion and customer review Company will notify Customer when the service is complete or the project is substantially complete. Customer should promptly review visible work and report a specific concern in writing within 5 business days. This review period does not waive a latent-defect claim, an express warranty, or any right that cannot legally be waived. Customer will provide Company a reasonable opportunity to inspect and, when Company is responsible, correct the work before hiring another contractor, except in a genuine emergency. Limited warranties Company warrants that its labor will be performed in a workmanlike manner. Any warranty stated in the estimate or a separate written warranty controls. If the estimate is silent, Company provides a 30-day workmanship warranty on Company-performed service and repairs and a 5-year workmanship warranty on a new irrigation system installed by Company, measured from substantial completion. The installation workmanship warranty may transfer one time to a subsequent property owner during the original term upon written notice and reasonable proof of the covered installation. Manufacturer warranties, if any, are passed through to Customer. Warranty eligibility for a new installation requires professional fall winterization by Company or a qualified contractor no later than 14 days before the first expected hard freeze; Company may require reasonable proof. Inadequate, delayed, or improper winterization may void coverage for affected components. Warranties exclude freeze damage, ordinary wear, pre-existing or concealed conditions, misuse, water-quality damage, roots, lightning or power events, flooding, soil movement, inadequate water supply, work by others, owner-supplied materials, lack of maintenance, and failure to follow written instructions. Company's obligation is limited to correcting covered workmanship, subject to rights that cannot legally be limited. Seasonal service, water supply, and property risk A spring start-up reactivates and checks components reasonably accessible during the visit; it cannot guarantee that concealed or later-developing leaks will not appear. Winterization uses accepted methods to reduce retained water but does not guarantee removal of every isolated pocket of water and does not include repairs unless authorized; observed repair needs may be documented for spring service. System coverage and performance depend on available pressure and flow, well recovery, municipal supply, landscape growth, grading, weather, water restrictions, and work by others. Except to the extent caused by Company's negligence, Company is not responsible for conditions outside the contracted scope or Company's control. To the fullest extent permitted by law, neither party is liable to the other for special, incidental, indirect, punitive, or consequential damages, including lost profits or business interruption. This limitation does not exclude liability that Michigan law does not permit the parties to limit. Dispute process and general terms Before filing a lawsuit, a party will give written notice describing the dispute and allow at least 10 business days for investigation and a good-faith effort to resolve it, unless emergency relief or a legal filing deadline requires faster action. The parties may agree to mediation. Michigan law governs. Venue will lie in a court of competent jurisdiction in the county where the service property is located, unless applicable law requires another forum. If a provision is unenforceable, it will be limited or removed without affecting the remainder. A waiver must be in writing and applies only to that instance. Customer may not assign the Agreement without Company's written consent, except to a purchaser who assumes it in writing. Electronic signatures, electronic approvals, and counterparts are effective. No oral promise changes this Agreement. Michigan permits, licensing, and backflow compliance Company will perform the contracted work in accordance with applicable permits, local requirements, and the scope Company is lawfully authorized to perform. Irrigation connections to a potable water supply may be subject to cross-connection controls, approved backflow protection, inspection, and periodic testing requirements imposed by the water supplier or authority having jurisdiction. Unless the estimate states otherwise, Customer is responsible for required third-party inspections, testing, water-supplier fees, and corrective work outside Company's contracted scope. Michigan licensing disclosure. A residential builder or a residential maintenance and alteration contractor is required to be licensed under Article 24 of the Michigan Occupational Code, 1980 PA 299, MCL 339.2401 to 339.2412. An electrician is required to be licensed under Article 7 of the Skilled Trades Regulation Act, MCL 339.5701 to 339.5739. A plumbing contractor is required to be licensed under Article 11 of that act, MCL 339.6101 to 339.6133. A mechanical contractor is required to be licensed under Article 8 of that act, MCL 339.5801 to 339.5819. If Company is required to be licensed for the contracted improvement, the applicable information must be completed in the Company information box. No installment financing is created by this Agreement unless Customer and Company sign a separate financing agreement. A financed home-improvement transaction may require additional disclosures and cancellation rights; any applicable separate financing documents control those financing terms. Acceptance and Signatures Customer confirms that Customer received and reviewed the complete estimate and this Agreement, had an opportunity to ask questions, is authorized to approve the work at the service property, and agrees to the contract documents. Customer authorizes Company to perform the work described in the estimate, including lawful access to the property, water supply, controller, valves, and irrigation system. MICHIGAN HOME SOLICITATION NOTICE - WHEN APPLICABLE You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. Additionally, the seller is prohibited from having an independent courier service or other third party pick up your payment at your residence before the end of the 3-business-day period in which you can cancel the transaction. CUSTOMER ACKNOWLEDGMENTS Customer received a complete copy of the signed Agreement and estimate. If the Home Solicitation Sales Act applies, Customer received two copies of the Notice of Cancellation, with both required dates completed by Company. Customer received any permit plans, operating instructions, and warranty documents listed in the estimate or completion packet. Emergency service note: A waiver of the 3-business-day right for a qualifying emergency home-solicitation sale must be a separate dated and signed statement written personally by the buyer, describing the emergency and expressly acknowledging and waiving that right. MICHIGAN NOTICE OF CANCELLATION — BUYER COPY 1 OF 2 Seller must complete the transaction date and cancellation deadline before giving this copy to the buyer. Date of transaction: ________________________________ Cancellation deadline (midnight): ________________________________ You may cancel this transaction, without any penalty or obligation, within 3 business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to All American Irrigation, 14911 160th Avenue, Grand Haven, Michigan 49417, not later than midnight on the cancellation deadline written above. I hereby cancel this transaction. Buyer's signature: ________________________________ Date: ______________ Printed name and service property address: ________________________________ MICHIGAN NOTICE OF CANCELLATION — BUYER COPY 2 OF 2 Seller must complete the transaction date and cancellation deadline before giving this copy to the buyer. Date of transaction: ________________________________ Cancellation deadline (midnight): ________________________________ You may cancel this transaction, without any penalty or obligation, within 3 business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to All American Irrigation, 14911 160th Avenue, Grand Haven, Michigan 49417, not later than midnight on the cancellation deadline written above. I hereby cancel this transaction. Buyer's signature: ________________________________ Date: ______________ Printed name and service property address: ________________________________