Southern Nightscape is pleased to offer our services for landscape lighting for your property. By accepting this quote, you agree to be bound by the terms and conditions outlined herein. This document and any related addendums, revisions, or updates is a legally binding contract that cannot be terminated or cancelled without the written consent of the signatories to this document or their authorized representatives.
TERMS: The pricing herein is valid for thirty (30) days from the proposal date. 1/2 is due upon contract ratification. Deposits are subject to a restocking fee if the contract is cancelled for any reason other than non-performance by Southern Nightscape. Projects may be subject to progress billing upon substantial completion of work. Payment is due NET 14 days from invoice date. Failure to pay according to these terms voids all warranties, expressed or implied.
CHANGE ORDERS: No change may be made to the substance and or intent of this contract without a documented and signed Change Order.
SPECIAL ORDER ITEMS: Special order items must be paid for in full prior to ordering and are subject to a 25% restocking fee. These items are defined as any items not considered normal stock.
GENERAL: Work shall be completed in a timely and professional manner according to the specifications outlined within this document and acknowledged by signature on this contract. Prices include all labor, equipment, and materials to perform work as outlined, unless otherwise stated. Pricing is subject to availability of materials as estimated. If specified materials are not available to complete this contract, Southern Nightscape reserves the right to recommend and supply comparable and appropriate substitutions and further reserves the right to amend pricing as necessary to provide said substitutions.
If, during the time elapsed between contract ratification and performance of work, the costs of goods sold increases greater than 5%, Southern Nightscape reserves the right to revise the contract accordingly. Southern Nightscape will provide documentation of any such increase(s).
MEDIA RELEASE: By accepting the terms and conditions of this contract, you acknowledge that Southern Nightscape may photograph and/or video your property for use in promotional and advertisement materials used explicitly to promote Southern Nightscape, including various forms of digital advertising and on publicly accessible social media platforms. To opt out of media release, initial here ________.
EXCAVATION: This contract is based upon normal excavation by hand or light motorized equipment. Southern Nightscape reserves the right to invoice additional monies via a formal change order if during excavation, unusual or unexpected conditions are encountered. These conditions may include but are not limited to hard pan, rock, underground obstructions, unacceptable soil bearing conditions, soil drainage or other conditions that are unsatisfactory or unsuitable for construction purposes.
AVOIDABLE INTERRUPTIONS: Southern Nightscape shall not be held responsible or liable for any loss, damage, or delay caused by weather, labor strikes, workforce availability, materials availability, supply chain delays, pandemics, or other causes beyond our control.
UNDERGROUND DAMAGE: In accordance with local and state law, the property owner will have underground utility services located and marked by the National Call before you dig 811 centers. This service is provided by a third-party vendor and Southern Nightscape is not responsible or liable for this service or any personal or property damage resulting from incorrect, incomplete, or altered markings.
Property Owner is responsible for marking known underground infrastructure and obstacles outside what the 811 center identifies. Southern Nightscape shall not be responsible for damage to any private utility or any unmarked underground object. This includes but is not limited to electrical lines, plumbing lines, drainage lines, irrigation, invisible fences, etc.
INSURANCE:Southern Nightscape shall be covered by general liability and worker’s compensation insurance as required by law.
PERMITS: Building, zoning, homeowner’s association, or other necessary permits are the responsibility of owner. Southern Nightscape may be contracted to facilitate the permitting process.
REVISION/SIGNATURE: The proposal is subject to revision if not accepted within fifteen (15) days. The owner’s signature on the proposal page(s) of this contract shall serve as acknowledgment and receipt of a completed copy of this agreement.
ENTIRE AGREEMENT: This agreement, together with the exhibits annexed hereto: (i) contains all the agreements, representations, warranties, and covenants by the parties with respect to the transactions contemplated by this agreement, (ii)constitutes the entire agreement between the parties, and (iii) shall be deemed to supersede and cancel any other oral or written agreement between the parties hereto relating to the transactions herein contemplated.
LIMITED WARRANTY
WARRANTY EXCLUSIONS: Southern Nightscape will make every effort to perform in a professional manner. Southern Nightscape shall not be responsible for damage or dissatisfaction due to acts of God or nature.
LANDSCAPE, ARCHITECTURAL, AND DECORATIVE LIGHTING: All materials are guaranteed under the manufacturer’s warranty, installation and workmanship is guaranteed 1 year from installation. This warranty does not extend to damage caused by regular use, lawn maintenance, wear and tear, corrosion, or damage to buried wiring, environmental impacts, or acts of vandalism or negligence.
SUBCONTRACT: All materials and labor are guaranteed by the subcontractor under the specific subcontractor’s warranty for the service provided. Southern Nightscape is not liable for claims against a subcontractor.
WARRANTY CLAIMS: If you believe you have a warranty claim, a written Warranty Concern must be submitted to our office via email: info@southernnightscape.com. All properly filed Warranty Concerns will receive an initial response within 3 business days. Warranty claims are contingent upon full payment for services according to the terms outlined in contract documents.
CONCLUSION: Terms and Conditions are subject to change without notice in our sole discretion. Changes will be posted to the Terms and Conditions section of our website, http://www.southernnightscape.com. By signing the proposed quote, you agree to be bound by the terms and conditions outlined herein.