Terms of Service

GENERAL CONTRACT TERMS

This proposal is valid for fifteen (15) days from the date issued. Proposals older than thirty (30) days require a revised estimate.

This Agreement becomes effective when signed by both the Client and SI Outdoor.

By signing this Agreement, both parties acknowledge and accept all terms and conditions contained herein. This Agreement is legally binding.

Any work, materials, services, or conditions not specifically listed in the Scope of Work are excluded from this Agreement.

If installed materials or completed work must be removed, replaced, modified, or reworked at the Client’s request, additional charges may apply. No charge will apply for corrections required due to SI Outdoor’s failure to install materials in accordance with manufacturer specifications.

Project schedules and completion dates are estimates only and may be affected by weather, site conditions, labor availability, material availability, inspections, permitting, utility conflicts, or other circumstances beyond SI Outdoor’s control.

Deposits are non-refundable once scheduling, administrative work, material procurement, or project preparation has commenced.

All modifications to the Scope of Work must be documented through a written Change Order approved by the Client. Change Orders become part of this Agreement.

Permit fees, engineering fees, HOA review fees, utility fees, municipal fees, and related costs are excluded unless specifically stated otherwise.

SI Outdoor reserves the right to charge additional costs resulting from delays, interference, damage, restricted access, or disruptions caused by third parties, including other contractors, utility providers, vendors, or occupants.

If unsuitable soils, groundwater, buried debris, undocumented utilities, hazardous materials, rock, roots, abandoned structures, or other concealed conditions are encountered, such work shall be treated as additional work and billed through a Change Order.

For engineered projects, SI Outdoor shall not be responsible for engineering or design failures unless caused by improper installation performed by SI Outdoor.

Concept drawings, renderings, and design plans are intended to illustrate design intent. Minor field adjustments, material substitutions, and construction variations may occur.

SI Outdoor reserves the right to suspend work for non-payment. Any remobilization, scheduling impacts, labor inefficiencies, or material cost increases resulting from suspension shall be the responsibility of the Client.

Client shall provide reasonable access to the project site, including access for equipment, deliveries, material staging, and construction activities.

SI Outdoor may photograph and document site conditions before, during, and after construction for project documentation, warranty evaluation, insurance claims, dispute resolution, and marketing purposes unless otherwise prohibited in writing by the Client.

SI Outdoor is not responsible for pre-existing conditions, latent defects, settlement, structural deficiencies, drainage deficiencies, code violations, or concealed damage existing prior to commencement of work.

SI Outdoor reserves all rights afforded under Colorado law, including the right to file a mechanic’s lien, notice of intent to lien, or pursue any other lawful remedy for unpaid balances.

SI Outdoor shall not be liable for delays or inability to perform resulting from events beyond its reasonable control, including severe weather, natural disasters, labor shortages, supplier disruptions, governmental actions, utility interruptions, or other force majeure events.

MATERIALS

Material quantities are estimated based on project measurements. If additional materials are required due to actual field conditions, the Client may be billed for the additional quantities used.

All excess, unused, or surplus materials remain the property of SI Outdoor unless otherwise agreed in writing.

Materials ordered and subsequently rejected, changed, or canceled by the Client may be subject to restocking fees, return freight, labor charges, and supplier penalties.

Natural and manufactured materials may vary in color, texture, size, pattern, and appearance. Such variations are normal and shall not be considered defects.

SI Outdoor provides no warranty on owner-supplied materials.

EXISTING TREES, VEGETATION, AND SITE CONDITIONS

SI Outdoor will exercise reasonable care when working around existing trees, shrubs, lawns, irrigation systems, and landscape features.

Construction activities may affect root systems, drainage patterns, soil conditions, irrigation coverage, grade elevations, and growing conditions.

Existing trees, shrubs, and vegetation may experience stress, decline, damage, or death due to factors including but not limited to drought, weather, insects, disease, age, pre-existing conditions, soil conditions, root disturbance, soil compaction, drainage modifications, grade changes, irrigation changes, or other factors beyond SI Outdoor’s control.

Preservation of existing trees and vegetation is not guaranteed unless specifically identified as a written scope item within this Agreement.

SI Outdoor makes no warranty regarding the future health, appearance, survival, or performance of existing trees, shrubs, lawns, or vegetation located on the property.

SI Outdoor shall not be responsible for the decline, damage, or loss of existing vegetation unless directly caused by gross negligence or willful misconduct.

WARRANTIES

Following installation, the Client is responsible for the maintenance, watering, monitoring, and care of all landscape materials and improvements unless covered by a separate maintenance agreement.

SI Outdoor is not responsible for damage resulting from natural events, including freeze/thaw cycles, erosion, flooding, drought, excessive precipitation, animals, insects, disease, or other conditions beyond its control.

Weed barrier fabric does not eliminate weeds and no warranty is provided against weed growth.

Irrigation systems are warranted for ninety (90) days against installation defects only. Warranty excludes freeze damage, vandalism, misuse, improper operation, acts of third parties, drip emitters, backflow devices, and damage caused by improper watering schedules.

Plants, trees, shrubs, sod, and seed are warranted for installation workmanship only for ten (10) days following installation. Plant survival is not guaranteed unless specifically stated in writing.

Concrete and asphalt are not warranted against cracking, chipping, settling, heaving, shrinkage, discoloration, reflective cracking, or other movement resulting from natural conditions or factors beyond SI Outdoor’s control.

Exact color matching of concrete, stone, pavers, mulch, rock, or other materials is not guaranteed.

Rock, mulch, edging, weed barrier, grading, drainage systems, sod, and seed carry no warranty unless specifically stated in writing.

Settlement of backfilled areas is normal and may occur over time. No warranty is provided against future settlement.

Drainage improvements are intended to reduce water-related issues but cannot guarantee elimination of standing water, seepage, groundwater intrusion, hydrostatic pressure, erosion, or drainage concerns under all weather conditions.

Warranty work will not be performed until all contract balances and approved Change Orders have been paid in full.

PAYMENT TERMS

Progress payments shall be made according to the payment schedule outlined in this Agreement.

Failure to make required payments may result in suspension of work until payment is received.

Final payment is due upon substantial completion of the project. Substantial completion means the project is usable for its intended purpose, notwithstanding minor punch-list items.

Unpaid balances shall accrue interest at the rate of 1.5% per month (18% annually) beginning thirty (30) days after the date payment becomes due.

Client shall be responsible for all collection costs, attorney fees, court costs, lien preparation fees, and other expenses incurred in collecting unpaid balances.

UNFORESEEN CONDITIONS

Utility locates will be requested through the applicable utility notification service prior to excavation.

SI Outdoor is not responsible for improperly marked utilities or utility lines that are not identified through public utility locate services.

The Client is responsible for identifying and marking all private utilities, including irrigation systems, invisible fencing, low-voltage wiring, landscape lighting, satellite lines, private electrical lines, and similar installations.

The Client is responsible for confirming property boundaries prior to construction.

If unknown underground or above-ground conditions are encountered, including boulders, roots, buried debris, foundations, groundwater, utilities, abandoned structures, or unsuitable soils, additional costs may apply through a Change Order.

While reasonable care will be exercised, SI Outdoor shall not be responsible for damage to undocumented, improperly marked, abandoned, privately installed, or inaccurately located underground utilities, irrigation systems, wiring, drainage systems, or other subsurface improvements.

Concrete demolition pricing assumes standard residential concrete approximately four (4) inches thick with conventional reinforcement. Additional reinforcement, excessive thickness, wire mesh, structural concrete, or unforeseen conditions may result in additional charges.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, SI Outdoor’s total liability arising out of this Agreement shall not exceed the total amount paid to SI Outdoor under this Agreement. SI Outdoor shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of use, loss of value, diminution of property value, lost profits, or emotional distress claims.