WE AGREE TO FURNISH LABOR AND MATERIAL – COMPLETE IN ACCORDANCE WITH ATTACHED TERMS AND CONDITIONS OF CONTRACT, FOR THE TOTAL PRICE SPECIFIED ABOVE. PAYMENT IS TO BE MADE AS FOLLOWS:  50% DEPOSIT UPON EXECUTION OF THIS AGREEMENT; PERIODIC PROGRESS PAYMENTS SUFFICIENT TO MAINTAIN A DEPOSIT BALANCE OF 50% OF THE WORK REMAINING ON THE PROJECT (UNLESS OTHERWISE SPECIFIED); REMAINING BALANCE DUE UPON PROJECT COMPLETION.  ANY WARRANTIES ARE VOID IF PAYMENT IN FULL IS NOT RECEIVED WITHIN 10 DAYS OF INVOICE.  MAINTENANCE CONTRACTS WILL BE BILLED ONE MONTH IN ADVANCE OF SERVICE.

ACCEPTED:  I HAVE READ AND UNDERSTAND THE ABOVE PRICES, ANY AND ALL ATTACHED SPECIFICATIONS, THE BELOW TERMS AND CONDITIONS, AND AGREE THEY ARE SATISFACTORY AND ARE HEREBY ACCEPTED.  YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED.  PAYMENT WILL BE MADE AS OUTLINED ABOVE.

TERMS AND CONDITIONS OF CONTRACT

TERMS:  THIS CONTRACT IS AN AGREEMENT BETWEEN SOUTHERN EXPOSURE LANDSCAPE MANAGEMENT, INC. (SELM) &/OR SOUTHERN LIGHTS (SL) AND CLIENT CITED.  SELM & SL AGREES TO PROVIDE THE SERVICES AND MATERIALS DETAILED ON THIS CONTRACT AND THE CLIENT AGREES TO PAY THE CHARGES SPECIFIED HEREIN AS FOLLOWS:  50% DEPOSIT UPON EXECUTION OF THIS AGREEMENT; PERIODIC PROGRESS PAYMENTS SUFFICIENT TO MAINTAIN A DEPOSIT BALANCE OF 50% OF THE WORK REMAINING  ON THE PROJECT (UNLESS OTHERWISE SPECIFIED); REMAINING BALANCE DUE UPON PROJECT COMPLETION.  FOR SCHEDULED MAINTENANCE SERVICES, THE CLIENT WILL RECEIVE AN INVOICE AT THE BEGINNING OF THE MONTH AND PAYMENT IS DUE UPON RECEIPT FROM THE DATE OF THE INVOICE.  MAINTENANCE CONTRACTS AUTOMATICALLY RENEW FOR 1 YEAR. A WRITTEN CANCELLATION NOTICE MUST BE PRESENTED TO SELM & SL NO LATER THAN 90 DAYS PRIOR TO END OF THE EXISTING ANNUAL CONTRACT. IF SERVICES ARE SUSPENDED OR TERMINATED PRIOR TO CONTRACT RENEWAL DATE, CLIENT AGREES TO PAY FOR ALL SERVICES RENDERED WHETHER OR NOT BILLED BEFORE THE DATE OF SUSPENDED SERVICE. DUE TO WORK BEING SEASONAL IN INTENSITY , BUT FINANCED INTO 12 EQUAL PAYMENTS, CONTRACTOR RESERVES THE RIGHT TO COLLECT ANY PAYMENT SHORTFALLS OF SERVICES RENDERED VERSUS PAYMENTS RECEIVED SHOULD THIS CONTRACT BE CANCELLED AT ANY POINT FOR ANY REASON. ALL RENEWED MAINTENANCE CONTRACTS, INCLUDING AUTOMATIC RENEWALS ARE SUBJECT TO A 3% INCREASE FOR INCREASED COSTS OF MATERIALS AND FUEL. ALL ADDITIONAL SERVICES NOT OUTLINED IN THIS PROPOSAL WILL BE BILLED AT AN HOURLY RATE OF $55 PER MAN HOUR UNLESS OTHERWISE STATED. ANY ADDITIONAL SERVICES NOT OUTLINED IN THIS PROPOSAL WILL BE BILLED SEPARATELY AND PAYMENT IS DUE UPON RECEIPT FROM THE DATE OF COMPLETION. ALL PROJECTS ARE QUOTED USING MECHANICAL EQUIPMENT UNLESS OTHERWISE SPECIFIED. ADDITIONAL LABOR FEES MAY APPLY IF TIME SAVING MECHANICAL EQUIPMENT (SKID STEER, LOADER, AUGER, ETC) CAN NO LONGER BE USED ON A PROJECT QUOTED BASED ON USE OF MECHANICAL EQUIPMENT DUE TO ONSITE CONDITIONS AND/OR CONCEALED CONTINGENCIES. CLIENT UNDERSTANDS THAT SELM & SL MAY TAKE PHOTOGRAPHS OF OWNER’S PROJECT FOR USE IN PUBLIC DISPLAYS, VIDEOS, PRINTED MATERIALS, AND/OR OTHER ADVERTISING MEDIA SELM OR SL DEEM APPROPRIATE. SELM & SL MAY SUBMIT SAID PHOTOS FOR INDUSTRY RELATED AWARDS. CLIENT UNDERSTANDS THAT THESE PHOTOS WILL BECOME PROPERTY OF THOSE ORGANIZATIONS WHICH HOST AND PROVIDE THOSE AWARDS. ALL CLIENT INFORMATION WILL BE KEPT CONFIDENTIAL. WHERE NOT RESTRICTED, CLIENT AUTHORIZES SELM & SL TO INSTALL SIGNS ON CLIENT’S PROPERTY DEPICTING SELM & SL’S NAME, LOGO, COMPANY TELEPHONE NUMBER AND OTHER APPROPRIATE COMPANY INFORMATION. THIS SIGN MAY BE PLACED UPON SIGNATURE OF CONTRACT AND WILL BE REMOVED 15-30 DAYS AFTER PROJECT IS COMPLETE. IN ORDER TO CONSIDER TRAVEL TIME, SELM & SL MAY BRING ADDITIONAL MATERIALS TO JOBSITE. EXCESS MATERIAL REMAINS PROPERTY OF SELM & SL AND WILL BE REMOVED FROM SITE UNLESS CLIENT ENTERED INTO A TIME PLUS MATERIALS CONTRACT WHERE ALL MATERIALS PURCHASED ARE PROPERTY OF CLIENT. DEPOSITS ARE REQUIRED FOR ALL PROJECTS. ANY PAYMENTS NOT RECEIVED WITHIN 10 DAYS OF PROJECT COMPLETION WILL BE SUBJECT TO A 3.0% LATE FEE.  ANY INVOICES NOT PAID WITHIN OR BALANCES OWED IN EXCESS OF 30 DAYS WILL INCUR AN INTEREST CHARGE OF 10.0% MONTHLY (18% PER ANNUM, IF AN ATTORNEY IS REQUIRED TO COLLECT ANY UNPAID BALANCE OWED PURSUANT TO THIS AGREEMENT, ALL LEGAL FEES AND EXPENSES INCURRED BY SELM & SL SHALL BE THE RESPONSIBILITY OF THE CLIENT. WE RESERVE THE RIGHT TO CHARGE A CARD ON FILE FOR ANY BALANCE DUE, INCLUDING LATE FEES, AFTER AN INVOICE IS 30 DAYS PAST DUE.  SELM & SL RESERVE THE RIGHT TO SUSPEND SERVICES AT ANY TIME DUE TO NON-PAYMENT AND/OR DELINQUENT PAYMENT FOR SERVICES. IN THE EVENT SELM & SL ELECT TO SUSPEND  SERVICES DUE TO CLIENT’S NON-PAYMENT AND/OR DELINQUENT PAYMENT, CLIENT SHALL BE REQUIRED TO PAY FOR ALL SERVICES RENDERED BY SELM & SL THROUGH THE DATE OF SUSPENSION WHETHER INVOICED OR NOT, PRIOR TO SELM & SL’S RESUMPTION OF SERVICES. ALL MATERIALS REMAIN THE PROPERTY OF SELM & SL UNTIL UNPAID INVOICE(S) ARE PAID FOR AND BALANCE IS CLEARED, $0.00 OWED TO SELM OR SL. SELM & SL RESERVE THE RIGHT TO REMOVE ALL MATERIALS IF INVOICE(S) ARE NOT PAID FOR IN FULL WITHIN 30 DAYS OF COMPLETION.

EXPRESS LIMITED WARRANTY:  SELM PROVIDES THE FOLLOWING LIMITED WARRANTY ON LANDSCAPE LABOR AND MATERIALS.  ALL PLANTINGS AS INDICATED WILL BE GUARANTEED AS FOLLOWS:   PLANTS SUPPLIED BY THIS SELM ARE WARRANTED AS FOLLOWS:  TREES, SHRUBS AND GROUND COVERS – 90 DAYS (W/OUT IRRIGATION)- 1 YR (W/ IRRIGATION), PROVIDED THE PLANTS HAVE HAD ADEQUATE CARE AND HAVE NOT BEEN DAMAGED. SELM IS NOT OBLIGATED TO REPLACE PLANTS, DRAINAGE, GRADING, SEEDING, HARDSCAPE, OR ANY OTHER SERVICE PERFORMED BY SELM THAT BECOMES DAMAGED DUE TO ABNORMAL WEATHER CONDITIONS (E. G., EXTREME WINTER OR SUMMER TEMPERATURE, FLOOD, TORNADO, HURRICANE, HAIL, DROUGHT, EXCEPTIONAL OR UNTIMELY FREEZE) FIRE, CHEMICALS,  INADEQUATE DRAINAGE,  INSECTS VANDALISM, THEFT, ANIMALS, LACK OF OR EXCESS MOISTURE, OR OTHER ACTS OF GOD, STRIKES, RIOTS OR OTHER SIMILAR COMMOTION, OR BY ANY OTHER CONTINGENCY OR CAUSE BEYOND THE CONTROL OF SELM & SL.  THE FOLLOWING ARE EXCLUDED FROM ANY SELM WARRANTY:  ANNUALS, VEGETABLES, ROSES AND PLANTS IN PLANTER BOXES, POTS AND BARRELS, ANY PLANTS, SHRUBS, OR TREES WHICH HAVE NOT BEEN GIVEN REASONABLE AND PROPER CARE, OR ANY INSTANCE IN WHICH A PRODUCT HAS BEEN IMPROPERLY USED ON THE PLANTS; PLANT MATERIAL ON SITE TRANSPLANTED BY SELM; ANY DISCOUNTED SALES, CASH & CARRY ITEMS PURCHASED THROUGH SELM RETAIL CENTER; PLANT DAMAGED/DESTROYED BY ANIMAL/WILDLIFE; ANY EXISTING PLANTS, TRANSPLANTS, OR ANY ITEM OR MATERIAL SUPPLIED BY HOMEOWNER.  FURTHERMORE, NO WARRANTY SHALL BE GIVEN FOR BULBS, ROSES, ANNUALS, PERENNIALS GRASSES, SEED AND SOD, POTTED OR TUBED PLANTS, BEDDING PLANTS, GROUND COVER OR PLANTS SPECIFIED BUT NOT GROWING IN THEIR NORMAL GROWING CLIMATE ZONE OR REGION. TRANSPLANTED PLANTS ON THIS SITE SHALL NOT BE COVERED UNDER WARRANTY, ALTHOUGH EVERY PRECAUTION WILL BE MADE TO ASSURE THEIR SURVIVAL.  UNDER WATERING WILL BE EVIDENT BY DRY ROOT SYSTEM, BRITTLE BRANCHES, LOSS OF LEAVES. OVER WATERING WILL BE  EVIDENT BY GRAYISH ROOTS, STANDING WATER, YELLOWED LEAVES.  FAILURE TO MAINTAIN THE LANDSCAPE MATERIAL BY MONITORING THE WATERING AND IRRIGATION AT LEAST ONCE PER MONTH DURING COOL WEATHER MONTHS AND TWICE PER MONTH DURING HOT WEATHER MONTHS SHALL CONSTITUTE IMPROPER CARE AND SHALL VOID THE WARRANTY. PLANT MATERIAL & SOD IS ONLY WARRANTED IF STATED IN CONTRACT AND IF WATERING SCHEDULES FOUND ON OUR WEBSITE ARE FOLLOWED WITHIN CLIMATE APPROPRIATE INSTALLATION TIME PERIODS (TYPICALLY EARLY SPRING AND FALL, DEPENDENT ON WEATHER). THE CLIENT HEREBY AGREES THAT FOR THE PLANTING GUARANTEE TO BE EFFECTIVE, HE/SHE WILL MONITOR AT LEAST ONCE A DAY DURING DRY PERIODS, AS WELL AS CULTIVATE BEDS LIGHTLY AND WEED BEDS AT LEAST TWICE A MONTH AND APPLY WATER TO PLANT MATERIAL WHEN NECESSARY ACCORDING TO THE WATERING SCHEDULES FOUND ON OUR WEBSITE (WWW.WEMAKEDIRTLOOKGOOD.COM). IF A HOMEOWNER SUPPLIES MATERIALS, SELM & SL WILL NOT BE RESPONSIBLE FOR WARRANTY, REPLACEMENT OR REPAIR OF SUCH MATERIALS. SUBCONTRACTORS MAY BE USED DUE TO SCHEDULES & SCOPE OF WORK. IN THE EVENT PLANTS COVERED UNDER THE SELM WARRANTY DIE, REPLACEMENTS WILL BE MADE AT NO COST TO THE OWNER WITH PLANTS SIMILAR TO THE ORIGINAL SIZE AND QUALITY AS PREVIOUSLY SPECIFIED (OR INSTALLED, IF NOT PREVIOUSLY SPECIFIED); PROVIDED THAT, ONLY ONE REPLACEMENT WILL BE MADE FOR EACH PLANT THAT DIES. THIS WARRANTY SHALL BE VOID IF ANY INVOICE OR STATEMENT HAS NOT BEEN PAID IN ACCORDANCE WITH THE PAYMENT TERMS SET FORTH ABOVE.

CONDITIONS:  SELM & SL RESERVES THE RIGHT TO CHANGE SPECIFIED PLANT(S) DUE TO AVAILABILITY AND QUALITY.  THE CLOSEST MATCH WILL BE MADE AT SELM & SL’S DISCRETION.  SELM & SL ALSO RESERVES THE RIGHT TO MAKE NECESSARY FIELD ADJUSTMENTS WITHOUT NOTICE, DUE TO DRAINAGE ISSUES, EXCESSIVE ROCK, UTILITIES, OTHER OBSTRUCTIONS AND/OR OBSTACLES THAT MIGHT CAUSE POTENTIAL PROBLEMS.  THEFT OF MATERIALS AFTER THEY ARE PLACED ON THE SITE IS THE RESPONSIBILITY OF THE CLIENT.  AFTER IT IS DETERMINED THAT THERE IS A WARRANTY ITEM THAT NEEDS TO BE REPLACED OR REPAIRED, A WARRANTY FORM MUST BE COMPLETED IN ORDER TO EXPEDITE ANY SERVICE WORK. THIS FORM MAY BE FOUND ON OUR WEBSITE (WWW.WEMAKEDIRTLOOKGOOD.COM) OR YOU MAY CONTACT OUR OFFICE FOR A COPY. SOUTHERN EXPOSURE WILL ONLY REPLACE/REPAIR ITEMS FOR WHICH THE WARRANTY FORM HAS BEEN PROPERLY FILLED OUT. THE WARRANTY FORM MUST BE RECEIVED BEFORE THE END OF YOUR WARRANTY PERIOD.

LIMITATION ON LIABILITY. CLIENT AGREES THAT SELM & SL SHALL NOT: (I) BE LIABLE FOR LOSSES, FEES, FINES, OR DAMAGES (INCLUDING DEFECTS IN LABOR, WORKMANSHIP OR MATERIALS) CAUSED BY PERSONS OR ENTITIES WHO ARE NOT CONTROLLED BY OR UNDER CONTRACT WITH SELM & SL OR PREVIOUSLY CONTRACTED BY PROPERTY OWNER: (II) LIABLE FOR LOSSES, FEES, FINES, OR DAMAGES CAUSED BY, RESULTING FROM, CONTRIBUTED TO OR AGGRAVATED BY EARTH MOVEMENT, LANDSLIDE, MUDFLOW, EARTH SINKING, EARTH RISING, EARTH SHIFTING OR SUBSIDENCE OF LAND; (III) BE LIABLE FOR LOSSES, FEES, FINES, DAMAGES OR EXTRA EXPENSE DUE TO UNDERGROUND FOREIGN MATERIAL SUCH AS CONSTRUCTION DEBRIS, ROCK, HEAVILY COMPACTED SUB-SOIL, TREE STUMPS, ROOTS, UTILITIES INCLUDING BUT NOT LIMITED TO IMPROPER DEPTH OF UTILITIES AS DETAILED IN CONCEALED CONTIGENCIES, AND SPRINKLER SYSTEMS AND/OR ANY OTHER UNFORESEEN OBSTRUCTIONS (AN ADDITIONAL CHARGE FOR REMOVAL OR SPECIAL HANDLING WILL BE NECESSARY); AND (IV) PAY TO REPAIR ANY UNDERGROUND OBSTRUCTIONS. PLEASE NOTE: IF DRIVEWAYS, SIDEWALKS, FENCES, ETC BECOME CRACKED OR DIRTY DUE TO EQUIPMENT AND/OR MATERIALS, REPAIR TO THOSE SURFACES AND/OR PRESSURE WASHING IS NOT INCLUDED AS PART OF THE PROJECT UNLESS OTHERWISE NOTED. SELM & SL ASSUMES NO RESPONSIBILITY FOR DISCREPANCIES BETWEEN OUR DESIGN PLANS AND ACTUAL SITE CONDITIONS. NO VERBAL AGREEMENT EXPRESSED OR IMPLIED WILL BE HONORED.  ALL AGREEMENTS MUST BE IN WRITING.

SCOPE:  SELM & SL SHALL FURNISH ALL MATERIALS, TOOLS, EQUIPMENT AND LABOR NECESSARY TO EXECUTE THE INSTALLATION SHOWN ACCORDING TO THE APPLICABLE DRAWING(S) AND/OR CONTRACT DOCUMENT.

WORKMANSHIP: ALL OPERATIONS SHALL BE COMPLETED IN A PROFESSIONAL AND WORKMANLIKE MANNER.  ALL DRAWINGS PREPARED BY SELM & SL ARE WORKING DRAWINGS INTENDED TO ASSIST IN PRICING AND PLANNING AND ARE NOT INTENDED TO BE A REPRESENTATION OF HOW THE SITE WILL APPEAR UPON COMPLETION.  SELM & SL WILL MAKE LAYOUT AND ELEVATION ADJUSTMENTS AT THEIR SOLE DISCRETION TO PRODUCE A HIGH QUALITY PROJECT.

REVISIONS, ESTIMATES, AND CANCELLATION FEE:  ANY PROJECT PROPOSAL SUBMITTED BY SELM & SL TO CLIENT WILL BE SUBJECT TO REVISION IF NOT ACCEPTED BY CLIENT WITHIN TEN (10) DAYS, AS THE AVAILABILITY OF MANY MATERIALS IS NOT CONSTANT AND PROJECT PROPOSALS ARE BASED ON THE CURRENT PRICE FOR LABOR AND MATERIALS. IF CLIENT CANCELS THIS CONTRACT AT ANY POINT, IN ADDITION TO ANY AMOUNTS OWED TO SELM & SL FOR LABOR PERFORMED AND MATERIALS PURCHASED FOR THE PROJECT PRIOR TO CLIENT’S NOTIFICATION OF THE PROJECT CANCELLATION, CLIENT SHALL BE RESPONSIBLE FOR A CANCELLATION FEE IN THE AMOUNT OF 5% OF THE TOTAL PROJECT PRICE OR 25% OF MATERIAL COST (WHICHEVER IS GREATER) TO COVER RESTOCKING, RE-SCHEDULING, AND ADMINISTRATIVE COST. IF A CLIENT CANCELS THEIR PROJECT WITHIN 10 DAYS OF THEIR SCHEDULED DATE, THEY WILL BE CHARGED A CANCELLATION FEE OF 25% OF THEIR TOTAL PROJECT COST OR 25% OF MATERIAL COST, WHICHEVER IS GREATER.

CONCEALED CONTINGENCIES:  THIS PROPOSAL IS SUBJECT TO AN EXTRA CHARGE FOR CONCEALED CONTINGENCIES, SUCH AS ROCK, DEBRIS, POOR DRAINAGE SITUATIONS, GREATER THAN 4″ OF CONCRETE AND/OR REBAR IS FOUND TO BE PRESENT DURING EXCAVATION, ETC., NOT READILY APPARENT IN ESTIMATING THE MATERIALS AND WORK SPECIFIED.  CLIENT AGREES THAT THE SITE SHALL BE READY FOR PROJECT INSTALLATION AT A FINISH GRADE, PROPERLY DRAINED, AND IN A CLEAN, WORKABLE CONDITION UNLESS OTHERWISE STATED IN THIS CONTRACT.  THIS CONTRACT IS BASED ON USING MECHANICAL EQUIPMENT IN ORDER TO PERFORM WORK (BOBCAT, DITCHWITCH, GRADERS, EXCAVATORS, AUGERS, ETC.), ALL GRADES BEING WITHIN ONE=TENTH OF ONE FOOT TO FINISH GRADE PRIOR TO THE LANDSCAPE CONTRACTOR STARTING WORK UNLESS OTHERWISE STIPULATED HEREIN.  THIS CONTRACT DOES NOT INCLUDE ADDITIONAL FILL DIRT FROM OFF-SITE AS MAY BE NECESSARY TO ESTABLISH THE PROPER GRADE UNLESS OTHERWISE STIPULATED HEREIN.  PROPERTY SURVEY, STAKING OF CORNERS, SEPTIC TANK, PUMP LINES, AND LEACH FIELD LINE LOCATION SHALL BE PROVIDED BY THE CLIENT AT THE CLIENT’S EXPENSE IF LANDSCAPE SERVICES ARE BEING PROVIDED WITHIN A LOCATION OF QUESTION OR IF REQUESTED BY SELM AND/OR SL. IT WILL BE THE RESPONSIBILITY OF THE CLIENT OR REPRESENTATIVE TO HAVE ALL UNDERGROUND UTILITIES INCLUDING DRAIN LINES, SEPTIC SYSTEMS AND ANYTHING ELSE THAT MAY BE DAMAGED CLEARLY MARKED.  CLIENT IS RESPONSIBLE FOR LOCATING ALL UTILITIES (1.800.632.4949). THIS IS A FREE SERVICE LOCATING POWER, PHONE, CABLE, GAS. ALL PRIVATE LINES, INCLUDING WITHOUT LIMITATION LANDSCAPE LIGHTING, DOG FENCES, FENCE POST LIGHTS, IRRIGATION, SEPTIC LINES, WATER LINES, PRIVATE GAS LINES, ETC. NEED TO BE LOCATED INDIVIDUALLY BY CLIENT THROUGH AN OUTSIDE SERVICE PROVIDER. SELM AND/OR SL WILL ALSO CALL NORTH CAROLINA 811. THIS MARKING SERVICE IS PERFORMED BY USIC LOCATING. USIC LOCATING REQUIRES 3 BUSINESS DAYS NOTICE AND WILL ONLY MARK PHONE, POWER, CABLE AND GAS.  WATER AND SEWER WILL ONLY BE MARKED WITH IN THE RIGHT OF WAY AND WILL NOT BE MARKED ON PRIVATE PROPERTY. PROPERTY OWNER IS RESPONSIBLE FOR CONTACTING THIRD PARTY CONTRACTOR TO LOCATE THESE LINES. THE DEPTH OF THE FACILITIES IS NOT KNOWN BY NC811.  UTITLITY DEPTHS CAN VARY DUE TO INSTALLATION PRACTICES, CHANGES IN GRADE, SOIL EROSION, AND OTHER VARIABLES THAT OCCUR OVER TIME. INDUSTRY MINIMUM STANDARDS ARE AS FOLLOWS: GAS: 12″-24″, POWER: 36″, WATER: 12″, SEPTIC, LEACH, & PUMP LINES: 18″-36″ DEEP AND 36″ WIDE. CONTRACT AND EXCAVATION ARE BASED ON THESE STANDARD DEPTHS. DEVIATION FROM THESES STANDARDS MAY REQUIRE AND INCLUDE BUT NOT LIMITED TO: ADDITIONAL LABOR FEES AND/OR MATERIAL FEES, SUB-CONTRACTORS COSTS/FEES, EMERGENCY SERVICE OR UTILITY SERVICE FEES/FINES. SELM AND/OR SL ARE NOT LIABLE FOR FINES OR FEES THAT MAY ARISE FROM DAMAGED LINES DUE TO DEVIATION FROM INDUSTRY STANDARDS. ANY ADDITIONAL CHARGES DUE TO IMPROPERLY INSTALLED UTILITY LINES WILL BE THE RESPONSIBILITY OF THE PROPERTY OWNER. ANY DAMAGE TO UNDERGROUND UNMARKED LINES SHALL BE THE RESPONSIBILITY OF THE CLIENT INCLUDING, WITHOUT LIMITATION, ANY COSTS ASSOCIATED WITH REPAIRING THE UNDERGROUND LINES AS WELL AS ANY ADDITIONAL EXPENSES INCURRED BY SELM & SL SERVICES. WHEN EXCAVATING, DEPTH MAY VARY ON CONDITION OF SOIL AT TIME OF INSTALLATION AND AFFECT COST OF GRADING, STONE BASE, AND LABOR. ANY MEASUREMENT REFERENCED IN THE JOB DESCRIPTION ARE SUBJECT TO A TEN PERCENT (10%) VARIANCE.

INSTALLATION DETAILS: LABOR DIGOUT: INCLUDES EXCAVATING APPROX. 6-9″ MAXIMUM BELOW FINAL GRADE (DEPENDING ON GRADE, APPLICATION, AND SOIL). COMPACT THE SUBGRADE, LAY A WOVEN GROUND STABILIZATION FABRIC ON SUBGRADE WITH A MAXIMUM APPARENT OPENING SIZE OF 0.60MM AS TESTING USING ASTM D 4751, ALL EXCAVATED MATERIALS WILL BE LEFT OR USED ON SITE.  DUMP FEES AND ADDITIONAL LABOR WILL BE INCURED IF CLIENT WANTS EXCAVATED MATERIALS REMOVED FROM PROPERTY.  IF BACKFILL MATERIAL IS NEEDED, IT WILL BE PROVIDED AT AN ADDITIONAL COST OF $300 PER 14 YARDS PLUS $45/MAN HOUR TO INSTALL.  DEPENDING ON GRADE, APPLICATION, AND SOIL; ADDITIONAL BASE AND EXCAVATION MAY BE REQUIRED.  ANY ADDITIONAL EXCAVATION, GRADING, OR BASE NEEDED WILL REQUIRE A WRITTEN CHANGE ORDER FROM CLIENT. PROJECT IS QUOTED USING MECHANICAL EQUIPMENT UNLESS OTHERWISE SPECIFIED. ADDITIONAL LABOR FEES MAY APPLY IF TIME SAVING MECHANICAL EQUIPMENT (SKID STEER, LOADER, AUGER, ETC) CAN NO LONGER BE USED ON A PROJECT QUOTED BASED ON USE OF MECHANICAL EQUIPMENT DUE TO ONSITE CONDITIONS AND/OR CONCEALED CONTINGENCIES. THERE WILL BE AN EXTRA CHARGE FOR CONCEALED CONTINGENCIES, SUCH AS ROCK, DEBRIS, POOR DRAINAGE SITUATIONS, CONCRETE, UNMARKED UTILITIES, ETC., (REQUIRING A SIGNED CHANGE ORDER) NOT READILY APPARENT IN ESTIMATING THE MATERIALS AND WORK SPECIFIED. SELM & SL ALSO RESERVES THE RIGHT TO MAKE NECESSARY FIELD ADJUSTMENTS WITHOUT NOTICE, DUE TO DRAINAGE ISSUES, EXCESSIVE ROCK, UTILITIES, OTHER OBSTRUCTIONS AND/OR OBSTACLES THAT MIGHT CAUSE POTENTIAL PROBLEMS. LABOR BASE INSTALLATION: INCLUDES INSTALLING APPROX. 4-6″ COMPACTED ABC STONE (RESIDENTIAL APPLICATIONS WALKS, WALLS, PATIOS). INCLUDES INSTALLING APPROX. 7-12″ COMPACTED ABC STONE (COMMERICAL APPLICATIONS: VEHICULAR TRAFFIC, WALKS, WALLS, PATIOS). SLOPES TO BE A MINIMUM OF 1.5%, COMPACTION OF BASE WILL MEET OR EXCEED THE STANDARD PROCTOR DENSITY OF 98% AS SPECIFIED IN ASTM D698, WHICH IS NECESSARY FOR STABILITY BY COMPACTING IN 100-1500 MM LIFTS. INCLUDES INSTALLING APPROX. 1″ OF WASHED CONCRETE SAND TO AS THE BEDDING SAND TO CONFORM TO ASTM C 33 OR CSA A23.1 (NOT STONE SCREENINGS / GRANITE DUST / STONE DUST / ETC; AS THESE PRODUCTS WILL NOT COMPACT UNIFORMLY AND CAN INHIBIT LATERAL DRAINAGE OF MOISTURE IN THE BEDDING LAYER). LABOR PAVER/WALL INSTALLATION: INCLUDES 2 YEAR WARRANTY, PARTS & LABOR, INCLUDES LAYING AND CUTTING PAVERS/WALLS, INSTALLING PLASTIC EDGE RESTRAINT WITH 10″ SPIKES, SWEEP POLYMERIC SAND IN JOINTS ENSURING THERE ARE NO VOIDS, COMPACT PAVERS TO ICPI STANDARDS, ACTIVATE POLYMERIC SAND PER SPECS, AND CLEAN UP INSTALLATION DEBRIS. SOUTHERN EXPOSURE IS CERTIFIED AND LICENSED AS A ICPI & SRWI INSTALLER. OWNER IS TO PROVIDE BOBCAT ACCESS TO ALL WORK AREAS, STORAGE AREA FOR MATERIALS, AND A WATER SOURCE, AND ASSUMES ALL MATERIALS CAN BE BROUGHT AND SET OR DROPPED ON DRIVEWAY FOR MORE EFFICIENT INSTALLATION. SOUTHERN EXPOSURE WILL REPAIR DAMAGED LAWN BY RE-GRADING IF NECESSARY, SEEDING, AND SPREADING STRAW IN DAMAGED AREA UPON COMPLETION.

DRY STACK STONEWORK:  DUE TO NATURE OF A DRY STACKED STONE WALL (LITTLE TO NO MORTAR & AGGREGATE BASE), OVER TIME, IT MAY SETTLE DUE TO THE CONSTRUCTION NATURE OF THE INSTALLATION AND MAY REQUIRE SOME UP KEEP FROM CLIENT, DUE TO FROST AND THAW HEAVES AS WELL AS MOVEMENT OF THE STONE AND SOIL. CHANGE IN GRADES BY ANY AND ALL PARTIES MAY CAUSE FAILURE DUE TO WATER FLOW CHANGE, SOIL COMPACTION RATES, DISRUPTION OF COMPACTED SOILS, MOVEMENT OF STONE, PLANTINGS, DRAINAGE ALTERATIONS, ETC. AFTER INITIAL INSTALLATION WILL BECOME THE RESPONSIBILITY OF THE CLIENT.  SELM WILL INSURE A STABLE WALL UPON PROJECT COMPLETION DUE TO STACKED STONE WALL CONSTRAINTS.

MORTAR WORK (BRICK AND STONE):  MORTAR WORK WILL HAVE A SOLID FOOTER AND FULL DRAINAGE SYSTEM TO DECREASE HYDROSTATIC PRESSURE.  CHANGE IN GRADES BY THIRD PARTIES MAY CAUSE FAILURE DUE TO WATER FLOW CHANGES. SELM & SL WILL INSURE PROPER DRAINAGE AND A STABLE WALL UPON PROJECT COMPLETION.  CLIENT ASSUMES FULL RESPONSIBILITY FOR ANY MORTAR WORK FAILURE CAUSED BY ANY CHANGE IN GRADE OR DRAINAGE AFTER COMPLETION OF PROJECT.  THE WIDTH, LENGTH AND HEIGHT OF WALL DETERMINES THE SQUARE FOOTAGE.

CONCRETE PAVERS: CONCRETE PAVER WORK IS ONLY GUARANTEED AGAINST SETTLING IF SELM & SL INSTALL THE RECOMMENDED BASE, ACCORDING TO MANUFACTURER’S SPECIFICATION. SELM & SL MAKE NO GUARANTEE ON THE COLOR OF CONCRETE PAVERS AS PAVERS WILL FADE OVER TIME.  SELM & SL WILL LIFT ANY SETTLED PAVERS AFTER THE FIRST FULL SEASON, IF NECESSARY.  ONCE THE PATTERN IS DETERMINED AND PRODUCTION HAS BEGUN, THERE WILL BE NO CHANGES WITHOUT A WRITTEN CHANGE ORDER. CLIENT ASSUMES FULL RESPONSIBILITY FOR ANY PAVER FAILURE CAUSED BY ANY CHANGE IN GRADE OR DRAINAGE AFTER COMPLETION OF PROJECT.

INTERLOCKING RETAINING WALL:  INTERLOCKING RETAINING WALL WORK IS ONLY GUARANTEED IF SELM & SL INSTALL THE WALL ACCORDING TO THE ENGINEER’S OR MANUFACTURER’S SPECIFICATION.  IF AN ENGINEERED WALL IS NECESSARY, IT IS THE RESPONSIBILITY OF THE CLIENT TO HAVE IT ENGINEERED AT CLIENT’S SOLE COST. CLIENT ASSUMES FULL RESPONSIBILITY FOR ANY WALL FAILURE CAUSED BY ANY CHANGE IN GRADE OR DRAINAGE AFTER COMPLETION OF PROJECT.

SNOW REMOVAL AND ICE CONTROL: PRICE OF SALT PER BAG SUBJECT TO CHANGE IN THE EVENT OF REGIONAL SALT SHORTAGES. FOR PREVENTATIVE MEASURES, WE PRE-SALT (BEFORE PRECIPITATION OR IMMEDIATELY AFTER IT BEGINS) TO BEGIN THE THAWING PROCESS. THIS SERVICE WILL BE PERFORMED BEFORE AND DURING ANY FREEZING RAIN, SLEET, ICE, OR SNOW EVENT UNTIL PROPERTY IS SUSTAINABLE AT OUR DISCRETION. THIS HELPS WITH SCRAPING IF THE ACCUMULATION REACHES 1″ OR MORE AND KEEPS SURFACES MUCH SAFER. AT THAT POINT, IT IS EASIER TO SCRAPE AND TAKES LESS TIME. AFTER SCRAPING SURFACES, WE RE-APPLY ICE MELT TO CONTINUE THE THAWING PROCESS.  PER BAG CHARGES APPLY ACCORDINGLY. ANYTIME MELTING AGENTS ARE USED ON HARD SURFACES SUCH AS CONCRETE OR ASPHALT, THERE IS A POSSIBLILITY OF PITTING OR SURFACE DAMAGE.  FRESHLY POURED CONCRETE, LESS THAN 1 YEAR OLD AND DETERIORATING CONCRETE/ASPHALT ARE MOST SUSEPTABLE TO DAMAGE. SELM WILL NOT BE HELD RESPONSIBILITY FOR ANY DAMAGES. THE OWNER / PROPERTY MANAGER UNDERSTANDS THAT IT MAY BE NECESSARY FOR MACHINES TO PERFORM SERVICES AND ENTER DRIVEWAY, SIDEWALKS, OR CROSS PROPERTY AND THE WEIGHT AND USE OF THE MACHINE MAY CAUSE DAMAGE TO THE DRIVEWAY / SIDEWALK / PROPERTY.  THE UNDERSIGNED WAIVES ANY AND ALL CLAIMS AGAINST SELM OF ANY PROPERTY DAMAGE. NOTE: THIS CONTRACT WILL AUTOMATICALLY RENEW AND REMAIN IN EFFECT UNTIL WRITTEN CANCELLATION IS RECEIVED TO ASSURE NO LAPSE IN COVERAGE DURING INCLIMATE WEATHER CONDITIONS WITH SERVICES NECESSARY.  SERVICES WILL BE RENDERED UNLESS CLIENT GIVES ADVANCED NOTICE OF 24 HOURS OR MORE THAT SERVICES ARE NOT REQUIRED BEFORE STORM/SNOW CONDITIONS.TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER / PROPERTY MANAGER SHALL, AT HIS/HER OWN COST AND EXPENSE, DEFEND AND INDEMNIFY SELM FROM ANY AND ALL ALLEGATIONS DIRECTED AT THE INDEMNIFIED PARTY. TO THE FULLEST EXTENT PERMITTED BY LAWN, YOU SHALL INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, DEMANDS, SETTLEMENTS, AND PENALTIES, FOR ANY INCIDENTS ARISING OUT OF A BASED UPON, OR IN CONNECTION WITH THIS PROPERTY.

IRRIGATION:  CLIENT IS RESPONSIBLE FOR THE WATER SOURCE.  IF PRESSURE IS DETERMINED TO BE INADEQUATE AND A BOOSTER PUMP IS REQUIRED, AN ADDITIONAL COST WILL BE INCURRED.  THE ELECTRICAL SOURCE WILL BE THE CLIENT’S RESPONSIBILITY.  IT IS THE CLIENT’S RESPONSIBILITY TO UNDERSTAND THE IRRIGATION DESIGN (SELM WILL EXPLAIN AT OWNER’S REQUEST) AS ONLY WHAT IS SPECIFIED IN THE PROJECT SPECIFICATIONS WILL BE INSTALLED.  SELM WILL GUARANTEE IRRIGATION WORK FOR ONE YEAR UNDER NORMAL CONDITIONS, EXCLUDING DAMAGE CAUSED BY SNOW REMOVAL, VANDALISM, LIGHTNING, MISUSE, ABUSE OR FAILURE AT ANY TIME NOT DIRECTLY RELATED TO COMPONENT MALFUNCTION.  SELM’S WARRANTY APPLIES ONLY TO ACCOUNTS PAID IN FULL.   ANY REPAIR OR REPLACEMENT OF ANY IRRIGATION COMPONENTS COVERED BY A MANUFACTURER’S WARRANTY LONGER THAN ONE YEAR SHALL BE SUBJECT TO SELM’S LABOR CHARGES AT THE STANDARD RATE.  A COPY OF ANY SEPARATE MANUFACTURERS EXTENDED WARRANTIES WILL BE SUPPLIED ON REQUEST.  SELM WILL ADJUST HEADS, SET CONTROL BOX AND REVIEW SYSTEM WITH CLIENT ONE TIME; ANY ADDITIONAL TRIPS BACK WILL INCUR ADDITIONAL CHARGES.  IF ANOTHER CONTRACTOR INSTALLS UNDER PAVEMENT SLEEVES FOR THE LINES, THAT CONTRACTOR AND/OR CLIENT WILL BE RESPONSIBLE FOR LOCATING THE SLEEVES BEFORE SELM PROCEEDS.  IF SELM IS REQUIRED TO LOCATE THE SLEEVES OR PROVIDE NEW SLEEVES, ADDITIONAL CHARGES WILL BE INCURRED.  IT IS THE CLIENT’S RESPONSIBILITY TO CONTACT THE BUILDING DEPARTMENT FOR AN INSPECTION AFTER INSTALLATION IS COMPLETE.  CLIENT MUST DRAIN THE IRRIGATION SYSTEM BEFORE WINTER FREEZE FOR SELM TO GUARANTEE AGAINST BROKEN PIPES.  SELM WILL MAKE AN EFFORT TO CONTACT CLIENT FOR SYSTEM WINTERIZATION APPOINTMENT HOWEVER, IF NO APPOINTMENT IS MADE, SELM WILL NOT BE HELD RESPONSIBLE FOR ANY RESULTING FREEZE DAMAGE TO PERSONAL PROPERTY FROM FLOODING (INSIDE OR OUT), INCLUDING DAMAGE TO THE SYSTEM ITSELF.  SELM IS NOT RESPONSIBLE FOR SERVICING ANY SYSTEM WITHOUT RECEIVING FULL PAYMENT.  SELM IS NOT RESPONSIBLE FOR ANY DAMAGE RESULTING FROM OVERWATERING OR NOT OPERATING THE SYSTEM RESPONSIBLY.

LIGHTING:  INSTALLATION OF LOW-VOLTAGE LIGHTING TRANSFORMERS BY SELM & SL ASSUMES THAT OUTDOOR RATED POWER OUTLETS ARE INSTALLED OR PROVIDED BY THE CLIENT BEFORE WORK IS TO BEGIN, WHERE THE TRANSFORMERS NEED TO BE MOUNTED. SELM & SL IS NOT RESPONSIBLE FOR AN OVERLOAD AND SHUTDOWN OF THE CIRCUIT DUE TO THE USE OF OTHER DEVICES ON THE 120 VAC CIRCUIT. TIMING COMPONENTS ARE GUARANTEED FOR A ONE YEAR PERIOD FROM DATE OF INSTALLATION.  THIS WARRANTY DOES NOT INCLUDE THE REPROGRAMMING OF TIMERS. THIS WARRANTY DOES NOT COVER LAMPS (UNLESS LED, THEN BACKED BY ORIGINAL WARRANTY GIVEN IN CONTRACT OR BY MANUFACTURER’S WARRANTY).  HALOGEN LAMPS ARE NOT COVERED BY MANUFACTURER, HOWEVER, SELM OR SL WILL COVER LAMPS AND LABOR FOR 1 YEAR FROM INSTALLATION DATE. AFTER ONE YEAR, LAMPS AND LABOR FOR LAMP REPLACEMENT WILL BE CHARGED AT SELM & SL’S NORMAL SERVICE CHARGE RATES. ALL WIRE, TRANSFORMERS, AND CONNECTIONS ARE GUARANTEED FOR A PERIOD OF TEN YEARS, EXCLUDING ANY UNDERWATER LIGHTS, PAVER LIGHTS, OR WIRE THAT IS CUT.  THIS WARRANTY EXCLUDES ITEMS THAT ARE DAMAGED DUE TO ANY PRODUCTS THAT HAVE BEEN SUBJECTED TO MISUSE, MISHANDLING, MISAPPLICATION, NEGLECT (INCLUDING BUT NOT LIMITED TO IMPROPER MAINTENANCE), ACCIDENT, VANDALISM, IMPROPER INSTALLATION, MODIFICATION (INCLUDING BUT NOT LIMITED TO USE OF UNAUTHORIZED PARTS OR ATTACHMENTS), OR ADJUSTMENT OR REPAIR BY SOMEONE OTHER THAN ORIGINAL INSTALLER. WARRANTY DOES NOT COVER DAMAGE DUE TO POWER SURGES, POWER SPIKES, OR THE APPLICATION OF VOLTAGES OUTSIDE THE ACCEPTABLE RANGE OF VOLTAGES AS DEFINED IN PRODUCT SPECIFICATIONS. ALSO NOT COVERED, IS THE APPLICATION OF DC (DIRECT CURRENT) POWER WHEN AC (ALTERNATING CURRENT) POWER IS REQUIRED (OR VICE VERSA), AND THE USE OF NON-APPROVED ELECTRONIC TRANSFORMERS AND DIMMERS. WARRANTY DOES NOT COVER ‘ACTS OF GOD’ SUCH AS LIGHTNING, FLOODS, HAIL, TORNADO, FIRE, EARTHQUAKE, HURRICANES, AND OTHER EXTREME WEATHER EVENTS.

WARRANTY DOES NOT COVER WATER DAMAGE TO PRODUCTS (NOT SPECIFICALLY SOLD AS UNDERWATER PRODUCTS) THAT HAVE BEEN SUBMERGED IN WATER, MOUNTED IN AN INCORRECT ORIENTATION, IMPROPERLY ASSEMBLED, OR BEEN SUBJECT TO EXCESSIVE CONTACT WITH WATER SPRAY FROM IRRIGATION NOZZLES OR DRAINAGE FLOWS. ANY TAMPERING WITH THE TRANSFORMER VOIDS ALL WARRANTIES. IT IS NORMAL FOR NATURAL BRASS AND COPPER FINISHES TO PATINA, OXIDIZE, AND CHANGE COLORS. IT IS NORMAL OF OTHER TYPES OF FINISHES SUCH AS POWDER COATINGS TO DISCOLOR WHEN EXPOSED TO THE ELEMENTS ESPECIALLY WHEN EXPOSED TO SUNLIGHT, OTHER FORMS OF WEATHERING, IRRIGATION SYSTEMS, RECLAIMED WATER, SEA WATER, AND OTHER SOURCES OF CONTAMINATES. THESE CHANGES ARE NOT COVERED BY WARRANTY. THESE WARRANTIES EXTEND ONLY TO THE PRODUCT OWNERSHIP BY THE ORIGINAL PURCHASER AND ARE VOID WHEN THE ORIGINAL PURCHASER CEASES TO OWN THE PRODUCT. THESE WARRANTIES ARE NOT TRANSFERABLE WHETHER TO HEIRS, SUBSEQUENT OWNERS, OR OTHERWISE.

THESE WARRANTIES DO NOT COVER LABOR OR OTHER COSTS OR EXPENSES TO REMOVE OR INSTALL ANY DEFECTIVE, REPAIRED, OR REPLACED PRODUCT (UNLESS OTHERWISE STATED). IF A PRODUCT IS COVERED UNDER ANY OF THE FOREGOING WARRANTIES, SUCH PRODUCT WILL BE REPLACED OR REPAIRED, OR, AT THE SELM & SL’S SOLE OPTION. AN EXTENDED WARRANTY IS AVAILABLE TO THOSE CUSTOMERS ON OUR MAINTENANCE PROGRAM.  WARRANTY IS NON-TRANSFERRABLE FROM ONE OWNER TO ANOTHER. *** SERVICE CONTRACTS AVAILABLE FOR ALL SYSTEMS*** SELM & SL RECOMMEND A YEARLY MAINTENANCE CONTRACT WHERE A SERVICE TECHNICIAN CHECKS: TIMER, TRIMS ANY SHRUBS THAT ARE OVERGROWING FIXTURES, REPLACING ALL LAMPS, INSPECT WIRING, AND CLEAN FIXTURES.

WATER FEATURES:  WIND DRIFT, MIST SPRAY AND NORMAL EVAPORATION CAUSE SOME WATER LOSS.  UNLESS A WATER FLOAT VALVE IS INSTALLED TO MAINTAIN PROPER WATER LEVEL SELM & SL CANNOT GUARANTEE ANY WATER FEATURE WILL WORK TO YOUR SATISFACTION.  WATER FEATURES ARE HIGH MAINTENANCE AND MAY REQUIRE ROUTINE CLEANING IN ORDER TO WORK PROPERLY.  SELM & SL WILL WARRANTY AGAINST LEAKS CAUSED BY SELM & SL.  ANY WATER FEATURE SHOULD BE CONSIDERED AS A POTENTIAL DANGER TO CHILDREN AND SMALL ANIMALS.

RIGHT TO AUTHORIZE JOB: CLIENT HAS FULL LEGAL RIGHT TO AUTHORIZE SELM & SL TO PERFORM THE JOB AT THE LOCATION DESCRIBED IN THIS CONTRACT.

CHANGE ORDER NOTICE:  ALL JOBS ARE DONE AS SPECIFIED AND ANY REQUEST FOR ADDITIONAL WORK OR CHANGES WILL REQUIRE A SIGNED CHANGE ORDER.

SAFETY:  WHILE THE JOB IS IN PROGRESS AND/OR MAINTENANCE SERVICES ARE BEING PERFORMED SELM & SL REQUIRE THAT THE “WORK AREAS” NOT BE USED AS THEY MAY BE HAZARDOUS AND MAY RESULT IN PERSONAL INJURY.  SELM & SL WILL NOT BE HELD RESPONSIBLE FOR ANY INJURY TO PERSON OR PROPERTY IN THESE AREAS.

WORK AS SPECIFIED:  SELM & SL MAKES NO WARRANTIES OTHER THAN THE EXPRESS LIMITED WARRANTY SPECIFICALLY SET FORTH ABOVE.  SELM & SL DISCLAIMS, AND CLIENT HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY SET FORTH OR REFERENCED IN THIS CONTRACT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY.  THE SPECIFIC LIMITED WARRANTY SET FORTH IN THIS CONTRACT DOES NOT COVER PERSONAL INJURY, DAMAGE TO PERSONAL PROPERTY OR CONSEQUENTIAL DAMAGES (UNLESS OTHER REQUIRED BY STATE LAW).  THE FOREGOING WAIVER, DISCLAIMER AND LIMITATION OF REMEDY SHALL NOT APPLY TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IF AND TO THE EXTENT SUCH WARRANTIES ARE IMPLIED BY LAW IN THIS TRANSACTION, OR THEIR DISCLAIMER IS PROHIBITED BY LAW.  THE WARRANTY MADE HEREIN IS MADE SOLELY TO CLIENT AND IS NOT TRANSFERABLE TO A SUBSEQUENT OWNER OR OCCUPANT OF THE PROPERTY WHERE THE WORK IS PROVIDED, OR TO ANY OTHER PERSON OR ENTITY (UNLESS OTHERWISE SPECIFIED HEREIN). SELM & SL WILL MAKE EVERY EFFORT TO COMPLETE THE JOB WITHIN THE TIME PERIOD STATED.  HOWEVER, THE CLIENT UNDERSTANDS THAT THERE ARE CIRCUMSTANCES AND EVENTS BEYOND THE CONTROL OF SELM & SL WHICH CAUSE UNFORESEEN DELAYS AND FOR WHICH SELM & SL WILL NOT BE RESPONSIBLE.