TERMS & CONDITIONS

 

Updated 09/01/2019

 

I. PAYMENT METHODS

  • For most projects a 50% deposit is due prior to execution. On larger projects a payment schedule will be established based on the project timeline and or scope of work.  The final balance will be collected within 5-days of project completion. Cash, ACH or check is the preferred method of payment. We accept all major credit cards for a 2.5% processing fee. The amount above may not be final amount billed.  The dollar amount is subject to change based on actual charges and materials used and any additional charges approved by the Customer.  A 1.5% (18.0% APR) late charge will be assessed on payments not received within the payment terms.  All materials on site remain the property of CRIMSON until payment is received in full. CRIMSON will have fulfilled its obligation under this proposal/invoice when either of the following first occurs: 1) CRIMSON completes the tasks listed under Scope of Services and furnishes all deliverable materials to customer. 2) Customer and CRIMSON mutually agree to terminate the project.  CRIMSON will not warranty, give advice, make changes or provide any other service if a customer has a past due balance.

 

II. RETURN POLICY

  • Plants larger than 7 gallons, soil, rock, mulch, concrete or any other delivered bulk materials once on-site cannot be returned. All plant materials, lighting materials, irrigation parts, drainage parts or other wired or buried items cannot be returned after installation. Special order plants, other items and sod (turf grass) cannot be returned once ordered.    


III. CONCEALED PHYSICAL CONDITIONS

  • There are many unknowns and risk associated with operating equipment, digging and general landscaping actives during the course of a landscape construction project at the CUSTOMER Premises.  CRIMSON policies include the following: 

    • Underground: CRIMSON cannot accept responsibility for any damage to (or cost involved with) any underground hazards, phone lines, fiber optic cable, gas lines, drainage lines, irrigation system components and all other buried or hidden items on the property.

    • Above ground: CRIMSON cannot accept responsibility for minor damage to (or cost involved with) gutters, fences, structures, siding, grass, existing plants, concrete, curbs or other landscape items during normal operations.

    • Irrigation: There are many unknowns with irrigation systems that cannot be accounted for until project is started.  

    • Additional charges:  Contract Price will be adjusted to account for any changes required to this Agreement or in the materials or method of work required to carry out the Work if concealed physical conditions require additional landscape labor or materials to complete the project. 


IV. WARRANTY

  • Plant Material Limited Warranty:  A limited warranty applies if the plant dies of natural causes during the designated time period based on plant type.  The warranty includes the plant, labor and delivery for the first 60-days starting at the date of installation.  After 60 days, there is a $59 labor and delivery fee to replace a plant that meets the warranty criteria.  With prior approval, the CUSTOMER can pick up a replacement plant at our office and replace the plant themselves for no charge.   POST INSTALLATION CARE IS THE CUSTOMER'S RESPONSIBILITY.   

    • Tree warranty period: 7-gallon or larger 180-days

    • Shrub warranty period: 3-gallon or larger 180-days

    • Perennial, Hydrangea and ornamental grass warranty period: 3-gallon or larger 60-days

    • Exclusions: Plant material warranty EXCLUDES annual flowers (aka seasonal color), azaleas, bulbs, tropical plants, palm trees, roses, plants smaller than 3-gallons and all plants installed in planters/pots. 

    • Warranty for Agave's ends at 180-days or at first frost/freeze. 

    • Plant warranty is voided if there is evidence of over watering, under watering, physical damage, chemical damage, tampering/trimming by a third party, freeze damage or irrigation system is not present or functional.

    • Sod/turf grass warranty: None, all sod/turf grass sales are final and materials cannot be returned.

    • CRIMSON reserves the right to substitute a plant if original plant is no longer available. 

    • Irrigation programming: Programming an irrigation controller is always a “best guess”.  CRIMSON will program the irrigation system as a courtesy after an installation.  CRIMSON is not responsible for the water bill, under watering or over watering that may occur based on the irrigation controller programming.  The CUSTOMER is responsible for making all changes to the irrigation program based on the needs of the plant materials.

    • Watering Schedule: The CUSTOMER is responsible for determining the optimal watering schedule as well as complying with local city codes for the irrigation system.

    • Weeds in landscape bed:  It's common for weeds to form on the edges of your new landscape beds and near the house/fence.  Crimson is not responsible for weeds that may form post installation.  CRIMSON recommends applying a small amount of weed killer on these weeds as needed.  

Other Warranty Information

  • New Irrigation installed by CRIMSON System: 365-days parts and labor. 

  • Existing Irrigation System Repair: 30-days for repairs made by Crimson utilizing new parts.  The warranty does not apply if CRIMSON made repairs utilizing existing parts.

  • Drainage systems: 180-days parts and labor.  The CUSTOMER is responsible for keeping the drain system free and clear of debris. 

  • Grade work: None. 

  • Landscape Lighting: 365-days parts and labor for manufacturer defect from the installation date for 1-year one for one exchange by CRIMSON.  After, 1-year it's an $99 service fee for Crimson to replace the defective fixture in a one for one exchange.  The one for one exchange covers all fixtures during the fixture warranty period.  The fixture warranty period is either 5-years for lifetime.  

  • Artificial Turf: 3-years parts and labor under normal conditions.   CRIMSON is not responsible for damage caused by sun reflection off the turf.   

  • Bulk Materials: None

  • Concrete: None, Concrete will crack. 

  • Pergola: 90-days for labor and installation defects. 

    • Wood materials: None.

    • Steel Welds: 365-days. 

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  • WARRANTY START DATE IS THE DATE THE MATERIAL IS INSTALLED.  

  • ALL WARRANTIES ARE VOIDED IF CUSTOMER IS IN DEFAULT OF THIS AGREEMENT OR IF THERE IS EVIDENCE OF PHYSICAL DAMAGE, STORM/WEATHER DAMAGE OR TAMPERING.   

 


V. PERMITS AND HOA REQUIREMENTS

  • It is very important and the responsibility of the CUSTOMER to ensure we are made aware of any special/statutory Bylaws/Conditions/HOA Permissions that may be involved. 

 

VI. PRICING ERROR POLICY

  • If we receive an order with an incorrect price due to typographical error or error in pricing information, CRIMSON shall have the right to cancel any orders placed for items listed.

  • CRIMSON shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CRIMSON  shall immediately issue a credit to the credit card used in the order for the amount charged.

 

VII. ACCEPTANCE OF ORDER POLICY

  • Your receipt of an order confirmation from CRIMSON does not signify our acceptance of your order. CRIMSON reserves the right at any time after receipt of your order confirmation to accept or decline your order for any reason. If a product you ordered is back ordered, CRIMSON reserves the right at any time after receipt of your order confirmation, without prior notice to you, to supply less than the quantity you ordered of any item.

  • Certain orders placed must obtain pre-approval with an acceptable method of payment, as established by our billing department. We may require additional verifications or information before processing and shipping any orders.

  • We reserve the right to substitute plant materials if the desired plant is not available.

  • All warranties are voided if the customer fails to pay the invoice in accordance with payment method terms of the final invoice.

 

VIII. INSURANCE

  • CRIMSON Maintains Commercial General Liability: $1,000,000; Personal Injury: $1,000,000; General Aggregate: $2,000,000; Automobile Liability: $1,000,000; Workers Compensation: $1,000,000

 

IX. MATERIALS

CRIMSON will make every effort to give the CUSTOMER a proper estimate based on the required labor and materials required to accomplish the project.  However, mistakes can occur leading to an over or underestimation of materials required.  Example, the stone is sold by the pound.  Crimson must estimate how many pounds equals square footage or linear feet depending on the application.  Additional material and labor might be required to complete the project.

 

 

X. SCHEDULE OF WORK

The Start and Completion date(s) are subject to change based on the availability of materials, weather and equipment readiness.  CRIMSON will make a reasonable effort to complete the project in a timely manner as well as make a reasonable effort to meet specified timelines.  CRIMSON cannot take financial responsibility for construction delays or damage to work already performed by the customer, weather, Acts of God, or a third party during the course of construction.   

 

XI. COPYRIGHT AND DRAWINGS

Copyright for the Drawings, Landscape Designs, Landscape PDF images and Specifications belong to CRIMSON and shall not be used on any other project or by a third party. A paying CUSTOMER may retain copies of the Drawings and Specifications for information and reference provided if CRIMSON has been paid in full for services rendered under this Agreement.  CRIMSON drawings may be purchased.  CRIMSON has the right to refuse a design request if the project scope does not meet minimum specifications.  

 

XII. ARBITRATION

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Collin County in the State of Texas.  An award of arbitration may be confirmed in a court of competent jurisdiction

 

 

XIII. COURTESY VISIT

 

  • A Courtesy Visit is when a member of the CRIMSON team executes an on-site post-installation assessment within 90-days of installation.

  • New landscape installation (plants, trees, etc): 2-visits

  • New irrigation installation (complete system): 2-visit

  • New landscape lighting installation: 1-visit

  • Irrigation repair: None

  • Grade, drainage, concrete and other non-specified work items: 1-visit.  

  • Maximum number of courtesy visits per project site is (4) four. 

  •  

The customer must pay a "NO FAULT FOUND FEE" of $59.00 after the allocated courtesy visits are exceeded. r if it's greater than 90-days from the installation date.  The assessment fee is waived if a warranty item exist. 

 

IVX. DISCLAIMER AND LIMITATIONS OF LIABILITY AS TO PRODUCTS SOLD.

EXCEPT AS EXPRESSLY STATED HEREIN, CRIMSON. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS, SOLD ON THE CRIMSON SITES OR IN PERSON. EXCEPT AS EXPRESSLY STATED HEREIN, CRIMSON EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE OR IN PERSON, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CRIMSON. ARISING FROM ANY PRODUCT OR SERVICE SOLD BY CRIMSON SHALL BE THE PRICE OF THE PRODUCT ORDERED OR THE SQUARE FOOTAGE OF THE DEFECTIVE AREA. IN NO EVENT SHALL CRIMSON ITS DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS OR SERVICES SOLD. 

 

We reserve the right to change these terms and conditions at any time.

Office Hours M-F 8:00 AM- 4:30PM

801 K. Ave #13 Plano, TX 75074

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A Disabled Veteran Owned Business