Terms and Conditions

Booking Fee:

At the time of appointment booking, the customer agrees to pay the minimum 1 hour work fee of $119.00. Booking fees are not included in the total project estimate however, will go towards the total project estimate if the customer decides to book with us. If any cancellation is needed, the customer agrees to cancel 12 hours before the appointment start time to waive the initial booking fee.

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Backflow Preventer Waiver of Liability: 

It is recommended that a Backflow Preventer is added to your sprinkler system. Not having this may allow chemicals applied to your lawn to be siphoned back into your home, creating a health risk to you and your family. If you elect NOT to have a Backflow Preventer installed, you hereby waive all related causes of action against D Best Sprinkler And Landscapes LLC. Therefore, releasing them from all liability associated with or arising out of the absence of the Backflow Preventer, including, but not limited to any harm to a person or property resulting from exposure to lawn chemicals. You further agree, at your sole expense, to hold harmless and defend D Best Sprinkler And Landscapes LLC in any action brought by a third-party arising out of your decision not to install a Backflow Preventer.

 

Commencement and Completion of Work: 

D Best Sprinkler And Landscapes LLC. (“ D Best Sprinkler ") will attempt to begin on the date agreed to between D Best Sprinkler and the Customer. However, given the many factors that can affect when a project physically begins, the customer should not take any actions in reliance upon the estimated start and finish dates. D Best Sprinkler is not responsible for damages, whatsoever, that may result from any delay in beginning or completing performance. TIME IS NOT OF THE ESSENCE for any services provided by D Best Sprinkler for the project. All dates and schedules are merely aspirational. By accepting D Best Sprinkler's services, the Customer waives any claim to incidental or delay damages with respect to D Best Sprinkler's performance.

 

Estimates: 

Because many factors can affect the final project cost, any estimates given on total project cost, whether written or oral, are merely estimates, and are not intended to be binding or relied upon by the Customer in any way. The Customer understands that other problems may arise and become known or apparent only after D Best Sprinkler has begun work. Any such repairs are not considered part of any fixed estimate or bid and will be billed at D Best Sprinkler’s regular rate. Or a maximum of $8,499.00 per job location is provided unless otherwise noted on the front of this agreement, or an additional written contract is created.

 

Inspection Obligation: 

Once D Best Sprinkler deems its performance completed, a final invoice will be submitted to the Customer. It is the Customer's obligation to perform any reasonable tests and inspections of the services and materials provided by D Best Sprinkler, to determine if they conform to the terms of the agreement and appear to be in good working order. Customer's inspection should take place within seven (7) days of work completion. If any defects in performance are discovered by Customer, Customer should detail the defects in writing and submit said writing to D Best Sprinkler. If no such notice of defects is presented to D Best Sprinkler within seven (7) days of receipt of the final invoice, D Best Sprinkler's performance shall be deemed accepted and free from defects.

 

Warranty: 

D best Sprinkler offers a 2-year parts and labor warranty on all work completed. The warranty only applies to the parts charged for and paid in full within 30 days of installation by our service technician's. Warranties are void if parts are supplied by anyone else or if the customer/ third party attempts to repair work performed by D Best Sprinkler And Landscapes LLC. Warranties are also void on any freeze or physical damage.

 

Payment: 

D Best Sprinkler bills for materials and labor. Labor is billed at the hourly rate listed on the Work Estimate; if D Best Sprinkler and Customer neglect to write down the agreed upon hourly rate, D Best Sprinkler's customary and usual hourly rate shall apply. Customer agrees that hours shall be tracked by D Best Sprinkler.

Materials are billed according to D Best Sprinkler's current Materials Price List. You may request a copy of the Materials Price List at any time during the project.

 

Credit Card Authorization: 

By signing this Terms and Condition form and providing D Best Sprinkler with a credit card to secure an appointment and or for payment processing, you authorize D Best Sprinkler to charge your credit card for all labor/ materials and other costs incurred in servicing the property in question, if not otherwise paid for within 24 hours of completion. Additionally, you authorize D Best Sprinkler to retain your credit card information on file and to charge your credit card for any future services or repairs for which you are responsible.

 

Change Orders/Extras: 

If a Customer requests additional work to be performed in addition to the originally agreed upon scope of work, said work will be subject to the same terms and conditions as the original work, and will be billed to the Customer in an amount either specifically agreed upon in writing, or otherwise in a manner reasonably consistent with prices charged for the original scope of work.

 

Labor Force: 

D best Sprinkler has sole discretion to determine the number of laborers and/or employees necessary to perform the agreed service.

 

Attorney Fees: 

In the event that any amount due under the agreement between D Best Sprinkler and Customer is not paid when due, the Customer agrees to pay all costs of collection including but not limited to lien filing costs, court costs, and attorney's fees whether hourly or contingent. In all legal actions, other than lien foreclosures and collection actions, cash parties shall bear their own legal costs and attorney's fees.

 

Building Permits/Notices of Commencement: 

If Customer obtains or has obtained a building permit which could reasonably be deemed to cover D best Sprinkler's work, or if the Customer files a Notice of Commencement, the Customer agrees to immediately notify D Best Sprinkler in writing, sent by certified mail. If Customer does not notify D best Sprinkler of any such building permits or notices of commencement, Customer agrees to waive defenses contained within UCA $38-1-32.

 

Interest/Fees: 

Any amount not paid when due shall be subject to interest at the rate of 3% per month (36% Per Annum). D Best Sprinkler charges a $35 billing fee for every bill sent out. Billing fees may be charged 2x per month.

 

Waiver:

No action, omission, concession, forbearance, or failure to act by D Best Sprinkler, shall constitute a waiver or estoppel so as to prevent or diminish any rights, remedies, or defenses granted by the agreement between D Best Sprinkler and Customer, or these Terms and Conditions, or by applicable law, unless a written Waiver identifying the specific rights waived is signed by D best Sprinkler.

 

Notices: 

Notices shall be sent to the address, fax number or email address of the receiving party as contained herein, or as subsequently updated.

 

Enforceability/Modification: 

If any portion of these Terms and Conditions is found to be void, or unenforceable, such shall be modified by a court of competent jurisdiction, in accordance with the intended purpose there of and of this agreement as a whole, so as to be enforceable, or if not modified, severed and the remainder of these Terms and Conditions shall continue in force.

 

Choice of Law and Venue: 

Interpretation, construction, and enforcement of this contract shall be according to the laws of the State of Utah, any proceeding brought to enforce the agreement between the parties may be brought in any court of Salt Lake County or Utah County, except lien foreclosure actions shall be brought in the county in which the property lies.

PROTECTION AGAINST LIENS AND CIVIL ACTION.

Notice is hereby provided in accordance with Section 38-11-108 of the Utah Code that under Utah law an "owner" may be protected against liens being maintained against an "owner occupied residence" and from other civil action being maintained to recover monies owed for "qualified services" performed or provided by suppliers and D Best Sprinkler as a part of this contract, if and only if the following conditions are satisfied:

owner paid in full the original contractor, factory-built housing retailer, or real estate developer or their successors or assigns in accordance with the written contract and any written

or oral amendments to the contract.