Terms & Conditions
Terms & Conditions
Payment/Deposit
The client will be responsible for all payments to, North Point Outdoors, as depicted on the schedule below unless otherwise notified in writing prior to commencement.
All deposits are non-refundable. Customer will pay North Point Outdoors as determined by the payment schedule below. The invoice shall be paid by Customer within 7 days of the final invoice date. If the total balance is not received by North Point Outdoors by the end of the 7-day period, interest will be paid on that balance by Customer at a rate of 2% per month. Failure by Customer to pay the remaining balance within 90 days will constitute breach of this agreement. Upon breach of this agreement, Customer agrees to pay all costs of collecting any remaining balances, including attorney's fees. No warranties will be issued until full payment is received.
On-Time payment(s) as depicted on the schedule below are required. Fees may be assessed for materials, equipment, transportation, and labor costs incurred if project is temporarily halted due to slow payment by the Client.
Convenience Fee: A 3% fee is charged for all purchases of over $1000 made with a credit or debit card.
| Project Value | <$1,000 | $1,000-$10,000 | $10,001-$30,000 | $30,001+ |
|---|---|---|---|---|
| Initial Deposit Non-Refundable | Credit Card on File | 50% | 30% | 30% |
| Payment on Start Date (When equipment and crew arrives) | N/A | N/A | 40% | 30% |
| Payment for Substantial Completion (Determined by NPO) | N/A | N/A | N/A | 30% |
| Final Payment Upon Completion | Auto Charged | 50% | 30% | 10% |
Client Responsibility
The client shall provide water and electricity, at no charge to, North Point Outdoors.
The client shall provide access to site during North Point Outdoors normal working hours and storage space for materials during the project progress.
Customer is responsible for securing all necessary permits. Unless specified in writing, North Point Outdoors is not responsible for code violation made at Customer request.
Any addition and/or alterations to the schedule shall be properly treated as variations and subject to written instructions.
All, or any special site conditions or concerns, of which North Point Outdoors has been informed of by the homeowner are noted in the proposal.
It is very important and the responsibility of the Client to ensure we are made aware of any special/statutory Bylaws/Conditions/Permissions that may be involved.
Estimates
North Point Outdoors will make reasonable effort to accurately estimate the materials needed to complete the Contract. However, Customer acknowledges that there may be differences between the estimate and the final price. If the actual price is less than the estimated Contract Price, that amount will be discounted on the final payment due North Point Outdoors. If the actual price is more than the estimated Contract Price, that additional amount will be added to the final payment due North Point Outdoors. Customer will pay North Point Outdoors that additional amount.
Changes
North Point Outdoors will make reasonable efforts to complete the project as designed. Circumstances may arise beyond the control of North Point Outdoors that may prevent construction of the Contract exactly as planned. North Point Outdoors will make reasonable efforts to minimize this impact on the design and construction. Customer acknowledges this possibility and accepts the action North Point Outdoors will take to minimize the potential change in design. If Customer wishes to change any part of the installation after this agreement is signed, but prior to commencement of installation, which results in additional material or labor costs for North Point Outdoors or results in delays in the completion of the Contract, said costs will be added to the remaining balance of the Contract and billed as part of the original Contract as a 'Change Order'. Any changes in the design or Contract, whether the changes result in additional time, cost, or neither, must be made in writing and signed by both parties, using a Change Order Form. Each change made by Customer during installation will result in additional charges for materials or labor that are incurred by North Point Outdoors as a result of the change.
Damage
North Point Outdoors is not able to accept responsibility for any damage to, or cost involved with repair of, any underground structures, utilities, hazards, obstructions or components not made known to us in writing. Including but not limited to; cable, phone, fiber optic, electrical wire/conduit, dog fencing, irrigation/sprinkler system, landscape lighting, pool pipe/equipment, water/well components, septic tank components, leach field, propane line/tanks, oil line/tanks.
Irrigation Water Source: North Point Outdoors does not take responsibility for well water quantity, refresh rate, quality, condition, pump failure, damage to irrigation components (valves, heads, pipe) due to water quality, sediment, foreign debris, staining, or other circumstances and damages related to water source. If water source is from a pond, lake, stream etc. NPO is not responsible for the quality and viability of these natural water sources.
We are not responsible for damage to existing driveway/walkway/lawn and underground structures as a result of equipment transport and operation, material delivery, trucking or movement of heavy materials before, during, and after the project completion time-frame.
We accept no responsibility for work that has been carried out on land that is not under the ownership of the client and it is assumed that all planning laws or regulations have been applied before commencement of any works.
We are not responsible for damage to existing driveway/walkway/lawn and underground structures as a result of equipment transport and operation, material delivery, trucking or movement of heavy materials before, during, and after the project completion time-frame.
We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, trees, shrubs, following practical substantial completion unless a maintenance contract is in existence.
After practical substantial completion, we are not able to accept responsibility for any damage through the elements, including, flood, drought, winds, rain and frost to any material(s) including plants and irrigation components.
Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established.
Scheduling
An estimate of the number of days to complete the contracted work and an expected start date are provided as a courtesy. There may be delays in the beginning date and completion date due to poor weather or other circumstances beyond the control of North Point Outdoors. Those delays will not alter or invalidate any part of this Contract, nor will they entitle Customer to additional rights under these terms and conditions.
Severe weather conditions may cause the delay of the start date of the contract.
Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.
Materials
All materials installed or left on-site remain the property of North Point Outdoors until payment is received in full. Excess materials (pavers, wall block, aggregates, irrigation parts, building materials and organic materials) are the property of North Point Outdoors.
Fuel Surcharge Clause
North Point Outdoors basis its price structure off an average diesel fuel price costup to $3.50 per gallon. If/when the price of
diesel rises above the $3.50 gallon price a fuel surcharge of the delta cost percentage will be added to all invoices.
Material Cost Clause
North Point Outdoors has a 15-day price guarantee on all estimates. If the estimate is accepted past the expiration date of the
proposal, NPO reserves the right to a adjust the price if necessary.
Material Cost Clause (Contracts Only)
A fixed contract is subject to material cost increases. If necessary, an additional invoice will be issued to cover the difference in cost, detailed data to confirm increased material cost will be provided.
Maintenance
Maintenance is not included in the contract unless specified.
Interest Charges
North Point Outdoors reserves the right to charge a 2% monthly interest fee on all overdue invoices.
Project Specific Warranty Information
Brick Pavers/Retaining Walls
North Point Outdoors warrants that brick paving or retaining wall material used in this contract will be free from defects and the installation will be functional for a period of two (2) years from the date of completion of the Contract, provided the installation was used as was intended when the Contract was designed, and was not misused. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer's expense. Any repairs made to any installation by any party other than North Point Outdoors voids any warranties offered by North Point Outdoors.
Plantings
North Point Outdoors will offer one-time only replacement of any tree, shrub, evergreen or woody vine that has died within one (1) year from the date of installation, provided the plant has been cared for as instructed, and not misused. North Point Outdoors will not replace plants killed by animals, rodents, insects, mechanical damage, neglect, natural disasters or other reasons over which North Point Outdoors has no control. This warranty does not cover annuals, small perennials, ground covers, wildflowers, seeds, bulbs, roses and non-winter hardy plants. An additional labor charge for plant removal and re-installation will apply. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer's expense. Any repairs made to any installation by any party other than North Point Outdoors voids any warranties offered by North Point Outdoors.
Lawn Installation (Hydroseed, Dry Seed, Sod)
North Point Outdoors installs lawns according to common industry practices, using quality grass seed, applied at a rate of at least that of the manufacturer's recommendation. It is the responsibility of the Customer to ensure that rough grades have been established according to municipal drainage plans and within 2" of finished grade. Once seeded, North Point Outdoors has no control over weather, watering or other cultural practices of Customer. Therefore North Point Outdoors cannot guarantee the germination rate of seed, or general success of the seeding. Repairs done on a seeding project are done at the expense of Customer. North Point Outdoors also cannot accept responsibility for settling due to new construction, utility lines or any other excavations not performed by or supervised by North Point Outdoors.
Irrigation Installation & Service
North Point Outdoors provides a non-transferable 2-year warranty for parts and labor related to the installation of irrigation system components. Extended warranty as provided to North Point Outdoors by the manufacturer are made available to the original purchaser of the materials. Warranty is void if the irrigation system is serviced or winterized by the homeowner or another service provider. North Point Outdoors does not warranty materials and components that have been damaged due to an act of god or other circumstances over which North Point Outdoors has no control.
Termination
This agreement may be canceled by Customer by mailing written notice to North Point Outdoors before midnight the third business day after Customer has signed this agreement. If after that time Customer wishes to terminate this Contract, Customer must give North Point Outdoors five (5) days advance written notice. North Point Outdoors will retain any monies paid by Customer up to the effective date of termination, and is entitled to any expenses for materials or other expenses incurred by North Point Outdoors.
Notice of Lein Rights
AS REQUIRED BY THE NEW HAMPSHIRE MECHANICS LIEN LAW, BUILDER HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED BUILDER, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
The failure of North Point Outdoors to enforce any right accruing under this agreement shall not be construed as a waiver of a subsequent right of North Point Outdoors to enforce the same or any other right, term or condition.
This agreement shall be interpreted and enforced in accordance with the laws of the State of NEW HAMPSHIRE.
North Point Outdoors reserves the right to change these terms and conditions at any time.