Residential Irrigation Contract Terms & Conditions

Dennis’ 7 Dees Landscaping is a licensed contractor in the State of Oregon, LCB 5009, and in the State of Washington, DENNISD167N1. Landscape Contractors Board Contact: 2111 Front Street NE, Suite 2-101, Salem, OR 97301; Phone Number 503-967-6291.

This agreement is between Dennis’ 7 Dees, the Contractor, and the Customer, hereinafter referred to as “You”.

1. Guarantee: All materials are guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard industry practices. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Quantities listed are approximate and can vary depending on actual site measurements and layout. Minimum system requirements are 10 gallon per minute at 40 psi, for city water supply or existing well supply.

2. Access to Customer’s Premises: You hereby grant to Contractor or any authorized agent, permission to enter the customer’s premises at reasonable hours to install, repair or service of the irrigation system. Owner agrees to provide necessary access for contractor to provide this service as scheduled and detailed, if access is denied or if contractor cannot reasonably gain access, this task will be delayed. Contractor is not responsible for conditions or effects related to the missed or delayed visit. Constraints imposed by the owner or tenant, other contractors, suppliers, weather, access, pets or disputes may delay or prevent this service from being performed and if work is delayed, additional charges may apply for the repeat or return visits.

3. Payments & Fees: The service fee for irrigation system startup and shutdown is $450 (excludes WA sales tax). This fee is inclusive of all necessary procedures, including backflow testing. Whether or not a backflow test is required, the fee remains the same. No refunds or adjustments will be made based on the need for backflow testing. You are responsible for the prompt payment of our invoices, which is due immediately upon receipt. A 3% convenience fee will be added for payment made by credit/debit card. A 1.5% interest per month will be charged on all past due invoices. A $50.00 charge on all unpaid checks. You agree to pay all associated collection fees for unpaid checks and/or unpaid balances, including a reasonable fee for a collection agency or attorney. Failure to be home on a scheduled appointment will result in a missed appointment fee unless cancelled at least 24 hours prior to schedule appointment. A 50% deposit is required at time of acceptance for all estimated work exceeding $1,500, unless stated otherwise. All deposits are non-refundable after 72 hours from Contractors receipt thereof. Any alteration or deviation from specifications involving extra costs will be executed only upon oral or written authorization, and will become an extra charge over and above the estimate, based upon Contractor’s normal hourly rate per man hour, plus materials list price, unless otherwise agreed upon. All pricing excludes Washington State sales tax. Sales tax will be calculated and added at time of invoicing.

4. Limited Warranty: All parts installed and labor performed by the Contractor will be warranted for a period of twelve (12) months unless otherwise agreed upon in writing by the Contractor. Contractor shall not be responsible for any consequential damages. If there is a defect in the Contractor’s workmanship or the materials provided, Contractor will repair or replace, at their option, the service or material without charge, unless material is covered by another written warranty, in which case, the warranty, excluding labor will apply. Warranties shall not be extended to You until the Contractor is paid in full for all work performed. Failure to pay invoices by due date voids all warranties. Under no circumstances shall the warranty period be greater than (12) months, unless otherwise agreed upon in writing by the Contractor. It is further understood and acknowleged that all warranties extended under this contract shall become null and void if someone other than the Contractor, including the owner or occupant performs any work on the system. Any claims made under this warranty will be void if the irrigation system is operated at a water pressure exceeding 75 psi. Any and all warranties issued by the Contractor are not assignable, nor transferable without the expressed written approval of the Contractor.

5. Limitation of Liability:

• In no event shall Contractor have any liability for special indirect, incidental, or consequential damages arising out of any work or materials furnished in connection with this order, including, but not limited to damage to your lawn, shrubs and/or landscaping.
• Contractor shall not be responsible for any damage to any water, electrical, cable television, gas lines or any other homeowner owned object unless flagged to Contractor’s satisfaction prior to the commencement of work. Prior to the commencement of any work, You or your representative shall notify the Contractor of all underground conditions which would be damaged during the installation or repair of the system. Contractor shall not be responsible for any damages to any underground condition which the Contractor was not made aware of prior to the start of the work or was not properly identified by You or your representative.
• If Contractor winterizes your system, no freeze damages warranties are in effect: (a), if accurate as-built drawings that document the current condition and location of system components are not provided to the contractor. (b), against damaged shut off valve leaking water back into the system. Or (c) if someone other than the Contractor turns on the system or shut off valve is turned on after the winterization and prior to the re-opening of the valve in the spring by the Contractor.
• Contractor shall not be held responsible for any damage to the system if they are not authorized to winterize the system in a timely fashion each year, or if the system is winterized by someone other than the Contractor including the owner or occupant. Contractor recommends that the system be winterized by December 1st of each year.
• Contractor shall not be held responsible for programming adjustments or changes in settings to the irrigation controller. It is the customer’s responsibility to configure and adjust the controller settings to meet their individual irrigation requirements at all times.
• Contractor shall not be held responsible for any damages caused to the system or work performed by the Contractor because of the elements, acts of God, acts of third parties, including the owner or occupant or any other damages resulting from actions beyond the Contractor’s control, to include act of terrorism or war.
• Contractor shall not be held responsible for failure of system due to dramatic fluctuations in water volume supplied by Public Water Systems and/or a well, mineral or chemical content of water or discoloration resulting thereof, for failure of system due to subsequent construction on property, owner’s negligence, weather conditions or Government Rules and or Regulations.
• No claim will be considered valid unless made written within ten (10) days from the receipt of invoices or work order.
• Contractor shall not be held responsible for any damage caused to tree roots or other parts of the existing landscaping or property in order to install or repair the system.

6. Terms of Agreement: This agreement shall not be assigned or transferred without the express written consent of the Contractor. Contractor reserves the right to amend and /or correct any error or omission in this contract. The existence, validity, construction and effect of this agreement shall be governed by the laws of the State of Oregon and applicable federal law. It is mutually agreed upon that this Agreement will apply to all further work that is requested and/or authorized by You, and performed by the Contractor. If a prior price has not been discussed or agreed upon it will be billable at our normal hourly rate per man-hour, plus materials at list price. Any additions or changes to this proposal will not proceed without a signed change order with appropriate deposit.

7. Communication: I understand Dennis’ 7 Dees may send occasional text messages or emails for appointment reminders and promotions. By providing your number you consent to receive messages from this company, to opt-out reply STOP at any moment. Message and data rates may apply.

8. Minimum Service Charge: Please be advised that our minimum service charge for any site visit is $135. This fee will be applied even if no work is completed during the service visit and will be reflected in the final invoice. For time and material site visits, our labor rate is $110 per hour, which includes time for travel, parts procurement, and offsite job preparation, in addition to the cost of materials. Additional charges may apply based on the specific services rendered.