Terms and Conditions of Service Agreement (Version September 27, 2024)
Introduction
These Terms and Conditions (“Agreement”) govern all services provided by Lawn Irrigation Design Centers, INC (“LIDC”). By approving a proposal, signing a contract, authorizing work electronically, or remitting a deposit, the customer (“Customer”) agrees to be legally bound by the following terms.
1. Scope of Work
LIDC agrees to provide labor, materials, and services described in the written proposal or estimate (“Proposal”). The Proposal and these Terms and Conditions together constitute the entire contract between LIDC and the Customer. Any work not specifically described in the Proposal shall be considered additional work and may be performed only through an approved change order.
2. Authorization
Approval of the Proposal through signature, electronic authorization, or payment of deposit constitutes authorization for LIDC to schedule, procure materials for, and perform the work described. The person authorizing work represents that they are the legal property owner or an authorized agent acting on behalf of the property owner. Customer assumes responsibility for payment regardless of ownership disputes or property management arrangements.
3. Deposit Requirement
Unless otherwise specified in writing, a non-refundable deposit equal to fifty percent (50%) of the project total is required before materials are ordered or work is scheduled. Deposits are non-refundable once materials are ordered, work is scheduled, or project preparation begins. Deposits are applied toward material procurement, equipment mobilization, labor allocation, project planning, and administrative costs. If Customer cancels after deposit payment, Customer remains responsible for all non‑recoverable costs incurred by LIDC.
4. Payment Terms
Unless otherwise specified in writing: 50% deposit due upon approval and 50% balance due upon completion. Completion is defined as substantial completion of the contracted scope regardless of minor punch list items. Invoices not paid within 7 days are considered past due. LIDC reserves the right to suspend work or delay future scheduling until accounts are current.
5. Late Payment & Collections
Balances unpaid after 10 days accrue interest at 1.5% per month (18% annually) or the maximum rate allowed by Colorado law. Customer agrees to pay all collection costs, including administrative costs, attorney’s fees, court costs, and collection agency fees. LIDC reserves the right to file mechanic’s liens as permitted under Colorado law.
6. Change Orders
Changes requested after work begins may require a written change order adjusting cost, timeline, materials, or scope. Approval of change orders via signature, text, or email shall be legally binding.
7. Underground Utilities
LIDC will notify Colorado 811 prior to excavation as required by law. However, 811 only identifies public utilities. Customer is responsible for identifying and marking private utilities such as private electrical lines, invisible pet fences, septic systems, landscape lighting wires, internet or cable lines, previously installed irrigation systems, or private water lines. LIDC is not responsible for damage to unmarked or undisclosed utilities.
8. Subsurface Conditions
Customer acknowledges that excavation may encounter unknown subsurface conditions such as rock, buried debris, tree roots, or previous construction materials. Additional labor or materials required due to unforeseen conditions will be billed through a change order.
9. Property Access
Customer must provide safe and reasonable access to the work area, including removal of vehicles, obstacles, and securing pets. Delays caused by restricted access may result in additional labor charges or rescheduling fees.
10. Landscaping Disturbance
Irrigation installation and repair may involve trenching and soil disturbance. LIDC will attempt reasonable restoration, but exact turf or landscape matching cannot be guaranteed and some settlement may occur.
11. Irrigation System Limitations
Systems are designed based on water pressure, soil conditions, property layout, and municipal restrictions. Perfect irrigation uniformity cannot be guaranteed due to environmental conditions such as wind, soil variability, and plant types.
12. Warranty
Repair & Service Warranty: LIDC provides a one (1) year warranty on irrigation repairs covering workmanship and installed parts. New Irrigation Installations: LIDC provides a three (3) year workmanship warranty on new systems. Warranty excludes freeze damage, lack of winterization, vandalism, third‑party modifications, acts of nature, or physical damage.
13. Winterization Responsibility
Customer is responsible for scheduling annual irrigation winterization with LIDC. Failure to winterize may result in freeze damage which voids warranty coverage.
14. Project Delays
LIDC is not responsible for delays caused by weather, supply shortages, utility locate delays, labor shortages, equipment failure, or government actions. Completion dates are estimates only.
15. Limitation of Liability
To the fullest extent permitted by Colorado law, LIDC’s liability is limited to the amount paid for the specific service giving rise to the claim. LIDC shall not be liable for consequential damages, landscaping loss, water damage, loss of property use, or economic losses.
16. Indemnification
Customer agrees to indemnify and hold harmless LIDC from claims or damages arising from undisclosed utilities, unsafe site conditions, customer interference, or third‑party modifications after installation.
17. Dispute Resolution
The parties agree to attempt good faith mediation before initiating litigation. If mediation fails, disputes shall be resolved in courts located in the State of Colorado.
18. Attorney Fees
The prevailing party in any legal proceeding shall be entitled to recover reasonable attorney’s fees, court costs, and administrative expenses.
19. Force Majeure
LIDC shall not be liable for delays or failure to perform due to events beyond reasonable control including natural disasters, severe weather, supply chain disruptions, labor shortages, or government orders.
20. Severability
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
21. Governing Law
This Agreement shall be governed by the laws of the State of Colorado.
22. Acceptance
By approving the Proposal, signing this Agreement, or submitting payment, Customer acknowledges that they have read, understood, and agree to these Terms and Conditions.
Customer Name: __________________________
Property Address: ________________________
Authorized Signature: _____________________
Date: ___________________________________