Rainmaker Irrigation LLC CONTRACT TERMS AND CONDITIONS
Rainmaker Irrigation, LLC (“RI”) will construct for Owner the improvements identified in the associated Proposal (“Work”) for the price indicated within the Proposal.
1. PAYMENT. Upon execution of the Proposal, the Owner will provide payment as provided in the Proposal. The Owner shall pay all invoices, including change orders, within 30 days from the date of the invoice. If Owner has secured institutional financing for the Work, Owner shall request the institution to issue payments for the Work as either as one party checks, made payable to RI, or two-party checks, payable to Owner and RI. Any sums due after 30 days will incur interest charges of 24 percent per annum, compounded monthly. Additional late service fee may apply. All Work performed by RI shall be completed in a workmanlike manner according to standard practices, and under applicable municipal and State codes. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. The use of a check for payment is your acknowledgement and acceptance of this policy and its terms and conditions.
2. OWNER’S PRELIMINARY REQUIREMENTS. Unless otherwise agreed, prior to RI commencing Work the Owner shall, at their sole cost and expense:
- Complete engineering, survey, or other plans for the project;
- Rainmaker will notify and coordinate DIG SAFE as required by law.
· ALL PRIVATE UTILITIES are the responsibility of the property owner to mark out prior to RI commencing work. RI will NOT be held RESPONSIBLE for any damage due to any utilities that have not been marked out by Property Owner or DIG Safe or any utilities that are not installed in compliance with their respective State or Federal Code. Any Damages caused by unmarked, incorrectly marked or non code compliant items will be the owners responsibility to pay for repairs of that utility and any damage caused to RI employees or equipment.
- obtain any federal, state, and municipal approvals or permits required for RI to perform the contemplated Work;
- provide a work site capable of supporting and permitting RI’s Work to occur without any additional, ancillary or incidental steps by RI not explicitly identified in the Proposal;
- clear the project site prior to construction of any debris, equipment, personal items and/or construction materials that would materially interfere with RI’s performance of the Work.
Owner’s failure to meet the conditions identified above, on or before the date identified above, for any reason other than RI’s negligence, shall constitute breach of this agreement and result in damages as provided in Section 5.
3. CHANGES TO THE WORK. The Owner or local Code Official, without invalidating the contract, may order changes to the Work including, but not limited to, additions, deletions, or modifications. Changes to Work may be made as the work progresses, and the Owner agrees that any changes to the system installed by RI that differ from the written proposal, shall be conclusive proof of the owner’s authorization to change the system from the Proposal. The Owner will pay all costs associated with change orders and will receive any cost reduction associated with the deletion and/or substitution of Work. RI is not liable for existing conditions. The Owner will pay all costs that may occur if it is necessary or if required by local Code Official to upgrade to current code for a safe and proper working system. Proposal is based on visible conditions and owner agrees that the price may vary due to non-visible conditions. Every effort will be made to cover our irrigation products with the landscape material you have available on your property. Additional charges will apply for any material needed to cover our products due to rocks, roots & other unforeseen ground conditions.
4. COMPLETION. RI will complete the Work in the Proposal and an change orders as quickly as practicable. Owner agrees, however, that RI shall not be responsible for any damages to the Owner, either direct or incidental, arising from any delays in completing the Work before any date discussed between Owner and RI, unless explicitly agreed to in writing between RI and Owner. Work dates are subject to change due to unforeseen circumstances and will be rescheduled in a timely manner
5. DAMAGES. Owner agrees that the only damages that may be brought by Owner against RI relate to RI’s failure to complete the contracted Work or damage to the Owner’s property or persons while on owners’ property. Owner agrees that any breach of this Contract shall result in damages to RI, including all direct and incidental damages arising from the breach. Owner agrees that RI’s damages shall include, but not be limited to:
- RI’s time, resources, equipment and overhead used in mobilization, purchasing materials, and preparing plans,
- RI’s loss of reasonably anticipated profits on this project or other projects occasioned by Owner’s breach or termination of this agreement,
- RI’s losses arising from delays during the prosecution of this Proposal awaiting Owner’s receipt of any plans, approvals, or permits for RI to complete the Work not arising from RI’s negligence; and
- RI’s reasonable attorneys’ fees and costs associated with any legal action as a result of Owner’s breach, including any claim for
6. PERMIT FEES. Permit fees are not included, unless otherwise noted in Proposal, and will be at an additional cost which owner agrees to pay. Note: GC to provide job site with burn permits per mall and/or job site requirements.
7. TERMINATION. RI may terminate the contract either for cause, arising from the Owner’s inability or refusal to pay invoices on a timely basis, or alternatively, from Owner’s failure to agree to a change order arising from differing site conditions identified after commencing the Work that make the contemplated Work unpractical or impossible to perform. The Owner may terminate the contract prior to completion of the Work, but shall pay RI for completed Work that has not been paid, and for all resulting direct and incidental costs and damages identified in paragraph 5. The Owner shall pay RI for materials purchased specifically for this Proposal.
8. ENVIRONMENTAL CONDITIONS. Unless specifically indicated, the Work contemplated by RI presumes that no permits are required for any environmental impacts, including, but not limited to subsurface conditions, wetlands impacts, hazardous or solid waste(s) for the work contained in the proposal; or alternatively, the Owner will, prior to the date identified in Section 2, procure all such permits.If RI believes that permits are required to complete all Work contained in the proposal, RI shall inform the Owner when RI learns or reasonably believes any approval or permit is required, and Owner shall retain appropriate professionals to review the situation, and submit any required applications. Owner agrees to defend and indemnify RI for any environmental claims arising from RI’s performance of the Work where the alleged violation arises from missing or inadequate environmental permit(s) or existing conditions. Owner’s indemnification shall not cover any claims not included herein or any claims that result from RI’s actions or negligence that Violates applicable law.
9. WORK OUTSIDE OUT JOB SCOPE. Work which we arenot licensed, insured or capable of completing may be necessary and required to complete this Proposal and is not included unless otherwise noted. No warrantee is given for customer supplied parts and/or material. The Owner agrees to pay any additional fees that may occur for repair or reinstallation of supplied parts and/or material.RI does not Include and Owner agrees to pay for any cost associated with patch and repairs to any wall, ceiling or floor. Concrete cutting, removing and patching. Trenching, backfilling and tamping of earth, electrical or other wiring. Additional cost for removal of material. Repair to walls, ceilings & floors may be needed and are not included in this estimate unless noted.
10. LEGAL PROCEEDINGS. Any legal action shall be pursuedin the courts of New Hampshire, and notwithstanding any conflict of law principles, shall be governed by New Hampshire law. Payments not made in full will be subject to property lien. Acceptance of this proposal is considered legal notice of property lien.
11. INDEMNIFICATION. Owner shall defend, indemnify and hold RI harmless from any and all claims, penalties, or assessments arising from, the breach of any covenant, representation or warranty herein, or from any act, omission, or misrepresentation of the Owner, and/or Owner’s employees, agents or representatives, including architects, engineers, surveyors, or others engaged to perform preliminary steps necessary for RI to perform its Work. This indemnification shall be as broad as permissible under RSA 338-A:2.
12. ENTIRE AGREEMENT. There are no promises, terms, conditions, or obligations other than those contained within the Proposal, or the Contract Terms and Conditions. This contract supersedes all prior communications, representations, or agreements, either verbal or written, between the parties hereto, and this agreement may not be amended except in writing, other than the scope of Work as described in Section 3.
13. WARRANTEE. All work described in proposal has a one year warrantee required by law unless noted in contract.
14. ACCEPTANCE OF FINISHED WORK
We must be informed about any concerns with your system within 48 hours upon completion of work. After 48 hours we will assume the transaction complete and will no longer be held liable for any issues with your system other then what is covered under our warrantee.
15. USE OF PICTURES. Owner agrees to allow RI to use any pictures of the work preformed for purpose of advertising and showing others without penalty or fees from Owner.
16. TESTAMONIALS. Owner agrees to allow RI the rights and privileges to use any and all testimonials written or verbal in our advertisements without penalty or fees from Owner.
17. Email. Owner agrees to allow RI & partners to use owners email address for receiving advertisements and specials without penalty or fees from Owner. RI agrees to keep all email and personal information private from others.