Arizona Turf Masters - Terms and Conditions
This agreement (“Agreement”) is made by Turf Masters, LLC, an Arizona Limited Liability Company, whereby the Contractors and the owners and the parties, hereby agree to its sufficiency and agree to the following:
Payment on the work stated in this Agreement is due in two (2) non-refundable installments. The first payment is due upon execution of this Agreement and allows the Contractors to order the materials necessary for your job. The second and final payment is due upon substantial completion of your project. You will be charged 18% per annum interest compounded monthly on all unpaid amounts due under terms of this Agreement. If your bank does not honor a payment by check, you will be charged Twenty-five Dollars ($25.00). If the Contractors are forced to sue you for the payment you will be responsible for all principal interest, court costs and attorneys’ fees incurred.
Any and all agreements by the parties that amend, change or revise the Agreement shall be binding, even if such amendments may lack formal legal consideration, provided such agreements are in writing and executed by the party agreeing to be bound thereby if there is any change for such amendment, change or revision, the additional charge will be added to the price of this Agreement.
Any failure to make payment when due shall be deemed a material breach of this Agreement. In the event Owner shall fail to pay a periodic or installment payment due hereunder, Contractors may cease work without breach pending payment resolution of any dispute. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous proposals or agreements, oral or written, and all negotiations, conversations or discussions heretofore between the parties related to the subject matter of this Agreement.
If any part of the Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect, provided the part of this Agreement thus invalidated or declared unenforceable is not essential to the indeed operation of this Agreement.
This Agreement shall be construed in accordance with the laws of the State of Arizona.
In addition, the following general provisions shall apply:
1. Contractors may photograph or otherwise record the pre-installation, installation and final project for editorial, trade, advertising or other purposes, without divulging the Owner’s identity or property address.
2. Contractor may notify the Owner after installation for testimonial or contact information, so an outside contractor may obtain testimonial information.
3. All work shall be completed in a professional workmanlike manner.
4. Contractors warrant it is adequately insured for injury to Contractors’ employees and others incurring loss or injury as a result of acts of the Contractor or Contractor’s employees and subcontractors during installation.
5. Contractors agree to pile all debris (scrap turf, extra dirt, etc.) and otherwise leave the premise in a broom-clean condition. We will remove all debris.
6. Contractors shall not be liable for any delay due to circumstances beyond its control including strikes, weather, casualty or general unavailability of materials.
7. The turf is warranted by the manufacturer for a period of 5 years on Putting-8-10 years on lawn turf as specified under the Manufacturers Limited Warranty. The installation is warranted for two years, from the date of completion.
8. Contractors shall replace or repair any abnormal damages to personal property incurred during the installation of this project. Any damage incurred during normal installation procedures is NOT the responsibility of the Contractors. This includes any landscaping damage to lawn, shrubs, plants, trees, etc. This also includes, but is not limited to, any damages to driveway, side walk, walkway, street, patio, irrigation, well, septic, etc. Any and all repairs, including landscaping work to be completed, will be the sole responsibility of the owner.
9. The customer is advised to use sun screens over windows in close proximity to the synthetic grass. Some windows have coatings that will reflect more light and heat than normal. This may melt the synthetic grass. Neither Arizona Turf Masters nor the grass manufacturer will be held responsible if this occurs.
10. Contractor is not responsible for damage to the base or grass caused by wild or domestic animals.
11. Contractor is not responsible for drainage of the property, or any damage caused by water drainage.