3-Day Right To Cancel

Warranty and Disclosure

• This warranty is only to the legal owner and is not transforable.
• Irrigation and drainage guaranteed one full year from date of completion.
• Weed control, sprinkler adjustments, and maintenance shall be the owner’s responsibility from job completion.
• Plant material guaranteed ninety days from the date of installation. Contractor not responsible for freeze damage.
• Vandalism, normal wear and tear, unstable soil conditions and acts of God are the responsibility of the homeowner.
• All plant material must be available at local wholesale nurseries. Any retail client-requested plant material will incur additional charges. Contractor reserves the right to substitute plant material varieties as necessary.
• Concrete not warranted against cracking, chipping, lifting, settling, freezing, color fading, blotchiness, discoloration or not matching sample.
• Any accompanying blueprints and/or drawings are not implied as part of this contract. Quantities and measurements are approximations only. Actual quantities and measurements are to be verified during construction and may result in an additional charge.
• Homeowner ls responsible for extra costs incurred for unforeseeable objects, rock or hardpan.
• Homeowner is responsible for any and all foes and permits that may be required by any governing agency and/or association.
• Homeowner acknowledges that any changes that may have to be made to comply with governing bodies may result in an additional cost to be paid to the contractor.
• Delays by the homeowner, or their contractor(s), may result in an additional cost.
• Note about Extra Work and Change Orders: Extra work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. Homeowner may not require a contractor to perform extra work or change order work without providing written authorization prior to commencement of any work covered by the new change order.
• Extra work and change orders are not enforceable against the homeowner unless a written change order including: scope of work of change order, amount added or subtracted from the original contract, and any effect on progress payments or completion date of the contract. Contractor’s failure to comply with this statement shall not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
• Payment for change orders shall be due at the time of Change Order signing. • Change order prices may be higher than original contract prices, and an additional fee may be charged for each change order.
• Contractor shall not be responsible for any errors in any construction documents or diagrams.
• Homeowner shall be responsible for location and depth of all underground systems and utilities, property lines, easements. Please call USA at 800-227-2600.
• Homeowner shall provide access to contractor during standard business hours, Monday thru Friday, for the sole purpose of fulfilling contractual obligations
• Contractor has the right to assign this contract to any party with or without the consent of the owner.
• All payments will be made upon presentation of invoice. Overdue payments will bear interest at the maximum legally permissible rate. If any payment is not made when clue, contractor may keep the job idle until such time as all payments due have been made. A failure of payment for a period in excess of ten (l 0) days shall be considered a major breach of the contract.
• Failure by the contractor, without lawful excuse, to substantially commence work within twenty (20) days from the approximate date specified in the contract when work will begin is a violation of the Contractors’ License Law.
• Substantial commencement of work is defined as “the purchase and delivery of materials and/or workman breaking ground at jobsite.”
• If owner cancels this agreement, or any part of this agreement, after the right of rescission has expired, and before or after commencement of construction, owner flxfeits rights to deposit and shall pay contractor the amount of expenses incurred to that date plus 20% overhead costs.
• If one party to this Agreement institutes litigation, mediation, or arbitration with the other party, or against the surety of such party, arising out of the terms and conditions of this Agreement, or performance under this Agreement, the prevailing party shall be entitled to recover from the other party all associated costs including court costs and reasonable attorney’s fees.

Notice of Cancellation, Dated ________________

• You may cancel this transaction without any penalty or obligation, within three (3) business days from the above date.
• If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten (10) days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.
• If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
• If you do make the goods available to the seller and the seller does not pick them up within twenty (20) days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
• To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to:

FIVE STAR LANDSCAPE, 8150 Greenback Ln., Bldg. 100, Fair Oaks, CA 95628

Not later than midnight of: ____________

I hereby cancel this transaction, dated: ____________ Buyer’s Signature: ________________________

• If owner cancels this agreement after the right of recession has expired he shall pay contractor the amount of expenses incurred to that date plus loss of profits.