General Warranties / Clauses
JKR Enterprises LLC DBA Outdoor Obsessions
We specialize in providing our customers in Toledo and surrounding areas with brilliant and unique landscape design options. Because we take pride in our work, every part of the landscaping process is mapped out, organized, and implemented with both precision and care. We care about the experience our clients receive from the first conversation until long after we have left your property. We have developed a process to make that experience extraordinary and guide our clients through each step.
1. Payment Terms and Conditions
Upon acceptance of the Project [unless noted in proposal], payment will be due according to the following schedule:
50% of Balance to be paid prior to scheduling and ordering of material
50% of Balance to be paid immediately upon completion of project.
Change orders are due upon receipt.
50% of Balance to be paid prior to scheduling and ordering of material
30% of Balance to be paid after pavers are laid prior to cuts
20% Immediately upon completion of project.
We reserve the right to bill and collect payment for any portions of project that are completed.
Change orders are due upon receipt.
Down payments, signed copies and all related project documents are an indication that customer has committed to begin services set forth under these agreements
Down payments are non-refundable unless JKR Enterprises is unable to provide the services set forth in Project Agreement
JKR Enterprises reserves the right to collect on any completed portions of project should one portion of project end up delayed.
Should the Client fail to make payments as they become due under the terms of the Contract or in the event of any claim, interest at twelve percent (12%) per annum above the prime rate on such unpaid amounts shall also become due and payable until payment.
The act of non-payment creates a lien in favor of the JKR Enterprises in any and all equipment and property of the Client in the possession of the JKR Enterprises as well as in the Work in progress as at the date of termination. JKR Enterprises shall be at liberty to retain possession of the same pending payment in full.
Notwithstanding anything contained herein to the contrary, the completion date of the Work shall be deemed to be extended by that number of days equal to any delay in payment to the Contractor Inc.
2. Acceptance of Work Throughout Project
The client has inspected the landscape project. The client has delivered to the contractor a written list of all items the buyer believes have not been properly constructed or are not in proper condition. Except as noted on this list, the client accepts the landscape as is, and acknowledges that he or she has no further claim against the contractor for any item that was not listed that could reasonably have been ascertained or observed during the client’s inspection. The client has no objections as to color, appearance, type or brand of materials, dimension or size, location, or any other conditions that could reasonably have been discovered by the client during the inspection.
In the event that additional work is required to complete project, customer may retain up to 10% of the final payment until all punch list items are complete
The client understands that no warranties are being made by the contractor except those appearing in the contract documents. The client is not relying on any representations, promises, or warranties except for the written limited warranty that appears in the contract documents.
The client acknowledges receipt from the contractor of all documents to which the client is entitled.
Each provision of this certificate is separate and severable from every other provision. If any single provision is declared invalid or unenforceable, the client and the contractor understand that all the other provisions will be valid and enforceable.
3. Procedure for Extra Work and Changes
If it shall become necessary for the Contractor to make changes in any designs, drawings, plans, software, reports or specifications for any part of the project or reasons over which we have no control, or we are put to any extra work, cost or expense by reason of any act or matter over which it has no control, the Customer will pay to the Contractor a fee for such changed or extra Work calculated on a time and materials basis. All changes to Work or pricing or the terms of this Agreement will be read and understood within the context and meanings of this Agreement unless stated explicitly to the contrary. Extras to the Contract are payable by the Owner forthwith upon receipt of the Company’s invoice.
Change Notice: Any Contract change in scope in excess of one thousand dollars ($1,000.00) requires a Contract Change Notice under which Work is to proceed. Work will not commence under a Contract Change Notice (CNN) unless with written Owner approval.
For Changes in scope of less than one thousand dollars ($1,000.00), the Contractor will provide the Customer notification by way of its Progress Report. In either instance, such notification shall be plain and clear in terms of scope and reason. Any record, telephone conversation or meeting in which such change in scope was introduced, shall be attached as supporting documentation.
4. Warranties and Courtesies:
Retaining walls, Patios, Pathways, Walkways, Driveways, Stonework and other paved areas)
In some instances, color blends may vary slightly among palleted products. Contractor will not be responsible for variations in color blended products.
Hardscape materials constructed from precast aggregates will be warranted against labor defects for a period of (2) two years. Unilock Products carry a warranty against defects for the lifetime of the product. This warranty is provided through the manufacturer themselves. Hardscape materials constructed from natural stone, timber or wood will be warranted against labor and material defects for a period of (2) two years.
Poured concrete is warranted against labor and material defects for a period of (1) one year.
Polymeric Sand or regular joint sand in joints of paver products is specifically not warrantied
NOTE: Sod installation as a means of lawn repair is never included in project unless specified. Contractor will topdress all damaged areas with topsoil and install a grass seed per the customers request at a rate of 8# per 1,000 sq ft. Grass seed to not exceed more than $2 per pound.
Warranty Charges and Exclusions:
Warranty excludes damage due to vandalism, lawn or yard equipment, other contractors, vehicles, customer negligence or any other third party responsible for damage.
Warranty excludes “Acts of God” including but not limited to Tornadoes, 100 year storms, wind, tree. hail damage, hurricanes, wind speeds exceeding 60 mph or collisions with falling/flying debris.
Contractor will not be responsible for failure to walls that require engineered approval and where a site monitor and/or engineer has approved the installation. Contractor will install all walls requiring such approval per the engineers’ specifications and will obtain a certified letter indicating that the installation meets the engineered specification.
Contractor reserves the right to pre-select paver patterns for paver installations unless a specific pattern has been documented in the Project Agreement.
Contractor will choose appropriate stone and paver colors based on customer requests, however, customer must elect to hand-select the exact stone or paver color, otherwise customer waives the right to refuse the product. All product refused is subject to restocking charges, reordering charges, and any other labor and material charges related to the delay of the project.
Electrical Work is to be done by a certified electrician only and is always additional to the Contract.
Iron railings removed during construction are always re-attached at an additional cost.
Damage to existing irrigation lines during construction is considered to be an additional cost unless noted in agreement.
Drainage: Should the Client’s property be the lowest elevation in relation to surrounding property or buildings, the Contractor, Inc. reserves the right to retain a Soil Engineer to evaluate and propose drainage solutions. All costs for engineering services, as well as the actual drainage work will be at the Client’s expense. Unless the Client has a detailed Topographical survey completed, the above clause may come into effect.
Painting and Staining is never included unless specified in work
Conduit and connections for electrical, gas, and all other utilities and services is never included unless specified
Site Unknowns: Including, but not limited to, sub-surface conditions/obstacles that create unforeseen labor, equipment, material or disposal charges
Post Project Job Site Repair and Cleanup
It may be necessary to maneuver heavy equipment, tools, personnel and/or machinery through landscaped or hard-surface areas. Customer may elect, for an additional charge, to have contractor replace or repair any shrubs, plants, trees, sod, sprinkler piping, sprinkler heads, or any other repairable area.
If not noted in proposal, Upon request, contractor will replace sod that has been disturbed during the construction process at a “per pallet” rate according to the following rate schedule:
KBG Sod – $800 per pallet (500 sq ft)
Sod repair costs include preparation of the area to be re-sodded and rolling the seams upon completion
Contractor commits to leaving the property free of debris, trash and tools accumulated through the construction or installation process.
Contractor will use an air blower to leave all areas relatively dirt free. However, dirt, sand, gravel, mulch and other dusts may absorb into paved or un-paved areas and customer may expect to have to wait for a period of time until natural weather processes remove any surface discoloring.
Skidsteer equipment may cause indentations in the lawn or bed areas through which it travels. Contractor will not be responsible for repairing these areas as, over time, tend to repair themselves through natural growth processes. Contractor may, for an additional charge, apply topsoil to these low lying areas.
Many projects, especially retaining walls, patios, driveways and grading work, involve excavation of existing soil and earth. In the event that rock or any other unsuitable material is encountered that will cause a delay until its removal has taken place, Contractor will asses charges to remove this material in order to continue working. Work progress may cease until a change order, signed by the customer, has been obtained.
Many projects require the excavation of soil and earth in order to prepare a suitable soil foundation for the installation of retaining walls, patios, driveways and other similar types of work. It is necessary for the stability of these types of projects that undisturbed soil compacted to greater than 98% compaction be available at the desired depth of excavation. In the event that unsuitable soil or compaction is evident at the desired depth of excavation, Contractor will assess charges related to the additional excavation, fill material and labor necessary to reach a depth where suitable soils and compaction is evident. Work progress may cease until a change order, signed by the customer, has been obtained.
Work may be postponed at the discretion of Contractor due to weather and other unforeseen circumstances.
Contractor reserves the right to adjust project “start” and/or “end” dates based on reasonable scheduling delays.
Contractor will communicate any delays to the customer in a timely manner.
Material Deliveries and Ordering Quantities:
Project materials may be delivered up to (3) three days prior to installation. Contractor will require customers to contact their local police department and our company in the event of missing, stolen or vandalized material. Customer must available to give testimony and serve as a witness should any such circumstance arise. Please note that this is an extremely rare occurrence.
Ordered material quantity may be higher than estimated quantity. In the event that total delivered material exceeds the area to be covered, remaining material is property of Contractor and may be available for purchase for other areas of the property.
DRIVEWAY DAMAGE WAIVER: Heavy trucks and equipment may be used to deliver materials. Contractor is required to sign a driveway damage waiver with these companies. Therefore, unless requested by the customer not to make deliveries in the driveway, Contractor will not be held responsible for damage to any areas including driveways caused by the movement of heavy equipment on these surfaces.
Contractor will be responsible for obtaining utility markings through OUPS (ohio) or MISSDIG (michigan)
Contractor will not be responsible for cutting into utilities, cables and/or pipes that are not clearly identified or have been installed or modified by the homeowner.
In the event a utility such as phone, cable, power, water or other utility is cut, Contractor will notify the proper utility agency and a repair will be cheduled as soon as possible. Contractor will accept no additional responsibility other than repair and related repair charges for severed utilities. Additional charges will apply for all repairs or delays caused by severed cables/piping that has not been clearly identified.
General Jobsite Conditions and Courtesies:
Contractor may provide an on-site portable restroom for use by our field labor employees. This restroom may remain on-site for the duration of the project. Upon completion of the project, this unit will be scheduled for the next available collection date. Portable restrooms will be cleaned approximately one time per week during its use on site. In the event that this portable restroom is vandalized or damaged in any way, customer is required to notify a Contractor representative and be available to give testimony or serve as a witness should further legal action be necessary.
Contractor may utilize on-site dump containers for the purpose of removing debris from the project site. Upon completion of the project, this unit will be scheduled for the next available collection date. Customer may expect to wait several days in some instances for this collection unit to be removed from the vicinity of the project. No other party other than a Contractor employee or authorized representative is permitted to discard material into on-site dump containers. Customers may not utilize these containers for personal trash or material disposal.
No other party other than a Contractor employee or authorized representative may interfere with the progress of work on a job-site. Additionally, customers must remain in a safe location and at least (50) fifty feet away from all equipment and machinery while project construction is taking place unless they are being escorted by a representative of Contractor. Customer agrees to hold Contractor harmless in the event of any injury as a result of being within 50 feet of the project location.
Contractor may elect to leave project related equipment, tools and other items on-site and overnight while work is being completed on the project. No other party other than a Contractor employee or authorized representative may utilized any of these items, nor shall they allow any casual play in or around heavy equipment or machinery.
Contractor conducts work Monday through Friday between the hours of 7:00 am and 7:00 pm. In some circumstances, Contractor reserves the right to extend evening hours later upon customer approval in order to complete job related tasks.
Contractor may elect to work on a project location on a Saturday or Sunday. Work hours during the weekend will begin no earlier than 8:00 am unless prior approval is obtained from the customer.
Contractor will accommodate adjacent neighbor requests and will make all efforts to comply with neighborhood rules, however, Contractor will not permit neighbors or passerby’s to access the project area for any reason nor will they be permitted to delay progress for any reason. Any questions or concerns from nearby residents should be directed to KYLE RANKER @ 419-351-8500, MIKE WOHLGAMUTH @ 419-913-9872 or ADAM NAUS @ 419-386-4660
Contractor may elect to use a pressure washer to clean an area as part of job site cleanup. Contractor will use appropriate water pressure for the application and will not be held responsible for damage caused by the use of a pressure washer. Driveways, worn siding, wood surfaces and other similarly worn surfaces may be jeopardized by the use of a pressure washer and customer may wish to omit these types of areas from being serviced with a pressure washer.
Wood: Pressure treated wood cannot be guaranteed against warp age, checking, or cupping. Cedar is expected to crack especially 6X6 up to 3/8 inch gaps and the entire length of the wood. Ipe is expected to crack especially 4X4 up to 3/8 inch gaps and the entire length of the wood.
Stone: Natural stone has color variations that vary from stone to stone. In addition, mineral deposits such as lime, iron, etc. can change the stone and even bleed. This is the nature of the product and the Client accepts this as a natural and acceptable quality of the stone.
Metal: Metal, which is not galvanized, is not guaranteed from rusting commencing immediately after installation.
Concrete: Spider cracks (hairline stress-fractures) are considered a normal characteristic of all types of concrete. Concrete may crack substantially over time due to proximity of tree roots. Colored concrete consistencies vary from truck to truck; therefore it is not possible to produce an exact match with pours over nine meters.
The Client absolves the Contractor of liability if “smooth” concrete is the desired finish (due to slippage).
The Client recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations in keeping with standard quality maintenance requirements in order for the Warranty to remain in affect. Failure to properly maintain materials or horticulture installations will void the warranty. Client further recognizes and agrees that damage to construction, materials, horticulture elements and other warrantable items of the project will not be warranted if the damage or loss is due to elements beyond the control of the Contractor. For example, flooding eaves troughs that damage plants, fallen branches, animal caused damage, frozen/ burst irrigation or drainage pipes that were not seasonally drained at the proper time, use of improper chemicals, improper maintenance, extreme or unusual weather conditions, and similar and/or related situations – void all warrantees provided by the Contractor.
Use of Client Selected and Approved Substandard Materials: Client recognized and agrees that if the Client has chosen and approved the use of substandard materials for any application that the one year warranty will be void or otherwise limited in writing on those items so impacted, but will remain in affect for all other elements of the project not impacted directly or indirectly by use of substandard materials. the Contractor will notify in writing to the Client any material that the Client has selected that would negatively impact the one year warranty of the Contractor – prior to purchasing and/or installing such materials.
Material Grades: The Client recognizes that all materials come in a range of grades of quality and finishes, and that natural materials are not perfect. Natural wood have knots, and other natural materials have variability in color due to a wide range of factors, and that sample while useful in material selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation. the Contractor shall endeavor to enable the Client to see or understand the representative range of color, surface texture, and related of all materials begin seriously considered for installation on a project, however, it will be responsibility of the Client for the final selection of those materials. Once the selection has been approved by the Client, the Client will be responsible for all costs associated with changing any given material should the Client change their mind during or after material is purchased or constructed.
New Sod Warranty
Customer is responsible for applying the appropriate amount of water to the newly sodded areas. Contractor will not be responsible for under watered or over watered sod.
New Sod is warranted against disease and non-rooting for a period of 180 days from the date of installation if an automatic irrigation system is present. No warranty if an automatic underground irrigation system is not present. All warranty claims must be made within 180 days from the date of installation. New Sod will not be warranted beyond 180 days.
All new sod will be Ohio/Michigan Grown Kentucky Bluegrass. New lawns that are under shade are not guaranteed. New lawns are guaranteed to be healthy at time of installation only. (Please refer to lawn information found in Horticulture Care Package)
Should new sod be damaged due to ANY animals (including pets or wild animals, i.e. raccoons, skunks) the Client will incur all costs for replacement.
- Should new sod be damaged due to ANY pests/insects (including Armyworms, webworms, grubs) the Client will incur all costs for replacement.
Sod pegs can be installed for an additional fee to deter animals from causing damage. Pegs are not guaranteed to prevent damage from animals.
New sod will not be warranted against damage, discoloration or wear patterns where pets are present.
NO WARRANTY IS PROVIDED IF WE ARE NOT MADE AWARE OF PROBLEM UNTIL SOD IS DEAD
New Seed / Hydroseed Installation
New Seed is warranted against disease and non-germination for a period of 30 days from the date of installation. All warranty claims must be made within 30 days from the date of installation. New Seed will not be warranted beyond 30 days and/or where pets are present.
Should new lawn be damaged due to ANY animals (including pets or wild animals, i.e. raccoons, skunks) the Client will incur all costs for replacement.
- Should new lawn be damaged due to ANY pests/insects (including Armyworms, webworms, grubs) the Client will incur all costs for replacement.
- There WILL be weed growth in your new lawn. This is Normal. Weed seeds are in the soil or get blown in with the wind or spread naturally. We do not warranty against weed growth.
- In the event that rain or other “acts of God” cause seed to be washed away prior to germination, Contractor will re-seed the lawn for a charge of $250 per ¼ acre.
Annual/Perennial Flowers & Shrubs and Tree Installations
Contractor guarantees that all shrubs and trees installed are in healthy condition and are disease and pest free.
Shrubs and trees are warranted against disease only, for a period of (60) sixty days from the date of installation if no automatic irrigation system is present. (180) days if an automatic irrigation system is present. Warranty can be voided if contractor deems that the client was not properly caring for the plant (i.e. watering) or if client does not let the contractor know that the plant is not doing well.
Contractor will not warranty any damage from animals, pets, insects or pests. This specifically includes DEER. Should new plants be damaged, the Client will incur all costs for replacement.
Replacements will typically take place between May 1st through June 30th and September 1st through November 15th.
Warranty only offers ONE time replacement. There is never a warranty for the replacement plant itself.
Annual Flowers are not warranted.
Perennials, bulbs, and ground covers are not warranted.
Transplanted Shrubs, Trees or Flowers are not warranted.
All warranty claims must be made within the related warranty period from the date of installation. Warranty covers disease only and excludes damage from pets, equipment, Under/Over Watering, Customer Negligence or any other third party responsible for damage.
Winter Protection: All evergreens, broadleaf evergreens and delicate plants must be burlapped in their first season to validate warranty. the Contractor provides this service at an additional cost.
Plant Diseases: Should the Client recognize ill health in the plants, shrubs, bushes, or trees that have been supplied under the Contract, it is the Client’s responsibility to immediately inform the Contractor. the Contractor will determine the nature and source if the illness. If it is deemed that the plant was infected prior to installation, the Contractor reserves the right to first using herbicides, fertilizers, and insecticides to return the plants to good health. Should efforts to restore the plant’s heath fail, the Client is entitled to a refund only. Due to plant availability, the Client assumes the risk and liability of rare specimens. However, the Contractor reserves the right to remove all or a portion of the warranty depending upon the nature of the source of the plant infections and the approved policies of the Contractor. In all cases, the Contractor shall work with the Client to minimize damage to the existing Contract related plants.
Plant Replacement: the Contractor is entitled to up to one(1) year to source, match and replace dead or ill plants (due to scarcity). The Client reserves the right to either a full refund within one (1) year or wait for a suitable replacement.
Weeds: the Contractor shall use it’s efforts to minimize any weeds, however, the Contractor shall not be required to inspect or otherwise ensure that there is no weed or other unwanted plant matter upon the Client’s property in any soil or root balls/planting container of plant materials, nor shall it provide warranty for the removal of existing weeds.