Definitions. Wherever used in this Agreement for services, the term “Installer” means Grassmasters Synthetic Turf, Ivy, & Putting Greens, LLP d/b/a Grassmasters Exteriors, LLC; “Client” means the person(s) signing the Proposal, purchasing the services under the Proposal, and/or the Client of the property improved by the Work; “Contract Price” means the price for the services under the Proposal, which may be adjusted in accord with the terms herein. All work requiring permitting or general contract licensing is contracted to Zu Expedite, LLC, and shall be substituted as “Installer” in any such instance.

Legal Notices. Notices required by Florida Statutes §§713.015, 489.1425, and 558.005 are attached hereto and incorporated by reference. 

SECTION I – THE WORK

The “Work” is described in the Estimate and/or Invoice, whichever is sent to Client last and is hereby incorporated by reference. Installer shall furnish all labor, materials, and tools necessary to complete the Work, except for any permitting or licensing fees from any governmental or private entity which are required to be obtained prior to the commencement of the Work or when specified in the Estimate and/or Invoice. Any changes in or extras to the Work such as may result, without limitation, by request of Client, site conditions that differ materially from those reasonably anticipated, disturbances or interference by others working in or around the area of installation, by requirement of the materials manufacturer, or by requirement of governmental or private landowning authorities, will be performed only upon written change order that includes an agreed-upon adjustment to the price and must be signed by both parties or if invoiced and pain by Client. Should the price from the manufacturer of the materials increase by more than 5% before being ordered, the Contract Price shall be adjusted in the same amount as the increase in the price of the materials. In the event that the parties cannot reach agreement on a price adjustment in accordance with these terms, Installer shall be entitled to actual costs plus 20% for overhead and profit.

SECTION II – MATERIALS

In executing the Proposal, Client acknowledges he or she has had the opportunity to inspect and select materials prior to purchase. Client does not rely upon Installer, and Installer has made no representations concerning the quality, color, or grade of materials purchased. Client acknowledges that all materials are subject to quality, pile height, density, grade, texture, color, and shade and hue variations. Samples supplied by Installer, if any, are not a basis for this Agreement and no sample furnished by Installer shall form any part or provide any basis for any warranty or other claim by Client. Installer does not provide a warranty for the materials. Warranties for the materials are provided by the manufacturer of any such material. 

SECTION III – CLIENT’S DUTIES

At the time the Work is to commence, Client shall have made reasonable accommodations to leave the premises in a condition to properly receive Installer’s work and will not hinder or otherwise delay Installer in the orderly execution of the Work. Client has control of and will protect the area of installation. Client understands that a good result requires that the Work not be walked on or otherwise disturbed until the materials have been set, which in no event shall be sooner than 48 hours after the work has concluded. Client shall be readily available to respond to requests for information. Before commencement of the Work, Client shall advise Installer of the existence and location of property lines and all subsurface utility and service lines, including but not limited to electrical, telephone lines, service lines, internet lines, gas lines, water/irrigation lines, and conduits. Client shall cap all irrigation lines prior to Installer commencing work or as specified in the Estimate and/or Invoice. In the event property lines or actual conditions differ from those identified by Client, Client shall be solely responsible for any alleged trespass, damages, claims, or extra work arising from or in connection with Installer’s work.

INSTALLER IS NOT RESPONSIBLE FOR ANY DAMAGES CAUSED TO THE PROPERTY IN CONNECTION WITH PERFORMANCE OF INSTALLER’S WORK. THIS INCLUDES BUT IS NOT LIMITED TO DAMAGE TO SOD, SPRINKLERS, DRIVEWAYS, STUCCO, PAINT, FENCING, LANDSCAPING, SHRUBS, TREES, LIGHTS, ETC. CLIENT IS SOLELY RESPONSIBLE FOR ANY SUCH DAMAGES AND HEREBY STIPULATES THAT HE OR SHE HAS INDEPENDENT KNOWLEDGE OF THE RISK OF DAMAGE IN INSTALLER PERFORMING THE WORK.

Client shall hold harmless, defend, and indemnify Installer against all liability, claims, demands, and lawsuits for personal injury, property damages, delay claims, and any other type of loss or damage.

To the extent any such variance increases Installer’s cost to perform the Work, the price shall be adjusted. Installer is not responsible for deficiencies or damages arising in connection with drainage base or any other work installed by others. Within three (3) business days of Installer notifying Client of job completion, Client shall inspect and provide Installer with written notice of any punch work or deficiencies. Failure to do so shall constitute a strict and undisputed waiver of any deficiencies or conditions, and shall constitute acceptance of the work without issue or modification.

Client agrees to keep the terms, specifically the price of the work strictly confidential. Client hereby agrees to refrain from any bad or negative publications, statements, reviews, posts, or any other communication to third parties or publicly unless Client has obtained a judgment against Installer. Client acknowledges that a breach of confidentiality or negative publication would cause irreparable harm to Installer. 

SECTION IV – PAYMENT

Basic payment terms are set forth in the Proposal. Client’s failure to make payment(s) in accord therewith shall be sufficient cause for Installer to suspend performance after demand, and, if payment is not promptly made, terminate this Agreement and remove all work and materials for which payment has not been made. Final payment shall be made within five (5) days of Installer giving notice that the work is complete. Interest at the rate of one-and-one-half percent (1.5%) per month shall accrue on all balances not paid when due, and Installer shall be entitled to recover any and all reasonable attorney’s fees and costs in any proceeding for collection of unpaid amounts.

SECTION V – INSTALLER’S DUTIES

Promptly after receiving Client’s deposit, Installer shall order the materials and shall use reasonable diligence to secure the materials from the manufacturer, or within the time specified on the Estimate or Invoice insofar as it conflicts with the time the deposit is received from Client. Promptly after receipt, Installer will proceed doing the Work with reasonable diligence, so long as Client has complied in all respects with the duties hereunder and that may otherwise arise. However, Client acknowledges that delays to the progress of the Work can be caused by events not in Installer’s control, including but not limited to delays in material shortages; fire, flood, windstorm, or other casualty; the presence on or beneath the work site of utilities, facilities, substances,  or objects not known by Installer; labor disputes or other disagreements; unforeseeable accidents and weather events; and acts of God. Installer may suspend the Work for causes beyond its control.

SECTION VI – WARRANTIES

Installer warrants its workmanship against failure for a period of one year from when the Work is tendered as complete. To obtain workmanship warranty service, write to Grassmasters at info@GrassmastersExteriors.com. Installer will respond to your written request within five (5) business days, then inspect the conditions with you, and will repair or replace, as Installer deems appropriate, any defects in workmanship within 60 days of receipt of the request. Subject to any conditions herein, Installer assigns to Client all warranties provided and as permitted by the manufacturer of the materials. In the event the manufacturer replaces defective materials, Installer offers a one-time no-fee service of removing the defective materials and installing the replacement materials. Installer shall be paid its normal labor, materials, profit, and overhead rates for all subsequent material-replacement work. Client shall not be entitled to, and Installer is not obligated to provide, any warranty, repair, or replacement work unless: (i) Client has paid Installer in full; and (ii) Installer has determined that the subject conditions are not a result of acts of God, vandalism, misuse, or improper maintenance. There shall be no warranties other than those stated in this Section. Manufacturer’s literature furnishes maintenance requirements. Repair jobs which consist of removing pre-existing turf, redoing base, and reinstalling turf are not guaranteed as to fit, finish, or hiding of seams. 

SECTION VII – LIMITATION OF LIABILITY

Installer shall not be liable for delays, delay damages, or consequential, special, or incidental damages. Installer’s maximum liability is the Contract Price less the cost of the materials.

SECTION VIII – RISK OF LOSS

Client accepts the risk of damage to the Work prior to final payment due to accidents or occurrences, such as fire, flood, windstorms, and other acts of good or acts by third parties. If Client purchases insurance for such risks to the work, Client shall procure such coverage with Installer named as an additional insured. 

SECTION IX – DISPUTE RESOLUTION

This Agreement is governed by Florida law. In the event of any issue arising between the parties under the terms of this Agreement and as a condition precedent to arbitration, the matter shall be mediated in the County where the property is located by a Florida Bar Board Certified Construction Lawyer who is also a Florida Supreme Court Circuit Certified Mediator. The parties shall evenly split the cost of mediation, which must be paid in advance of mediation. All disputes remaining after mediation shall be resolved by arbitration in Miami-Dade County, Florida under the aegis of the American Arbitration Association pursuant to its rules for construction disputes. The claimant in any such arbitration shall allege each cause of action as if pleading in state court, failure of which shall result in immediate dismissal upon motion. Any motion to confirm an award must be filed no less than 30 days after the date of the final award and only if the award remains unsatisfied.

Installer shall be entitled to recovery of all attorney’s fees and costs incurred in connection with any action arising under or reasonably related to these Terms and Conditions. 

SECTION X – NO WAIVER

Installer’s failure to insist, in any one or more instances, upon the performance of any terms or conditions herein, or to exercise any right herein, shall not be construed as a waiver or relinquishment of such term, condition, or right. 

SECTION XI – ENTIRE AGREEMENT; SEVERABILITY

The Estimate or Invoice (whichever is sent last), these Terms & Conditions, and the attached Legal Notices constitute the entire agreement which may be modified only by writing executed by both parties hereto, or by payment of any subsequent invoice. If any term herein is determined to be unenforceable, it shall be excluded, and all others preserved. To the extent possible, the unenforceable term shall be replaced by one that is enforceable and comes closest to expressing the intention of the parties as reflected in the unenforceable term.