No fault damage, guarantees and warranties constitute the next part of the Terms and Conditions section of the Landscaping Contract. The language of these no fault, guarantees and warranties clauses has been modified from the recommended standard contract published by the California State License Board. This is the second blog of the series discussing the Terms and Conditions section.
9.0 NO FAULT DAMAGE-FIRE AND ACTS OF GOD: If the project or any part thereof is destroyed by fire, theft, vandalism, accident or act of God, or in any other way damaged through no fault of the Contractor, any work done or materials furnished by Contractor in restoring or rebuilding the project shall be paid for by the Owner, as an “extra” if Owner elects to rebuild. If Owner elects not to rebuild, Contractor shall be paid for all work done and materials used prior to the event causing the damage. Also, Contractor shall be paid for materials at the site not yet used. In addition, Contractor shall be reimbursed for specialty items ordered for this project in particular. This payment will include a reasonable profit and overhead. Owner must elect to rebuild or not within (30) days of damage or destruction of the project. If Owner fails to make such election, contractor may terminate this agreement, and shall be paid in the same manner as if the owner elected not to rebuild.
10.0 LIMITED WARRANTY:
10.10 GUARANTEE OF WORKMANSHIP: Work performed under this contract shall be completed in a workmanlike manner. Approval by building inspectors shall be deemed to constitute a determination that work was completed in a workmanlike manner and shall be binding on the undersigned. There are no warranties either expressed or implied except those specifically set forth in this contract. There are absolutely no guarantees: (1) relating to continued life or growth of plant material beyond the period necessary for initial planting shock, but not to exceed 30 days unless otherwise specifically stated: (2) against cracking, settling, raising, or discoloration of concrete. The irrigation system is guaranteed for 1 year as to materials and workmanship, however damage resulting from vandalism or normal wear is not guaranteed.
10.20 Owner is responsible for any damage to plants caused by over or under watering, over fertilization, pests or diseases. Contractor shall not be responsible for any damage done by inclement weather.
10.30 Guarantees and warranties are effective only if Owner has complied with all the terms and conditions, payments and other provisions of this contract.
10.40 WARRANTY LIMITS: Because all landscape projects must be watered on a strict schedule to establish the newly planted lawns, trees, shrubs and ground cover, the guarantee is limited when a manual irrigation system is installed. All landscape material will be installed in a proper healthy manner but is not guaranteed beyond completion of the job. This also applies to existing automatic systems that have no power or power interruptions to the controller. The liability of Contractor for defective materials or installations is hereby limited to the replacement or correction of such defect and/or installation. No other claims or demands whatsoever shall be made upon or allowed against the contractor. This limited warranty extends only to the owner and is not transferable. There is neither implied warranty of merchantability nor implied warranty of fitness for a particular purpose. There are no other warranties, either expressed or implied, which extend beyond the description contained in this paragraph. This warranty shall terminate 1 year from the date of final inspection or the date of completion, whichever is sooner.
These no fault damage, guarantees and warranties provisions should be read and interpreted in conjunction with the next section of Terms and Conditions – ‘Owner Responsibilities’, which is discussed in the next blog.