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Landsmith Landscape Architecture and Construction hereby provides a warranty for the workmanship and materials used in the construction of outdoor kitchens, fireplaces, and outdoor living spaces. Landsmith Landscape Architecture and Construction warrants that all construction work will be completed in a workmanlike manner according to industry standards and practices and that all materials used will be warranted to be as specified. The workmanship warranty period shall be for a duration of five (5) years on Hardscapes such as paver patio and retaining walls and (1) year Plant Nursery warranty from completion of the project. Plant warranties are subject to proper watering by home owner.
This contract contains no warranties of merchantability or other warranties, expressed or implied, except as provided herein. We shall not be held liable for incidental or consequential damages resulting from any defect, including but not limited to the following: failure to follow our verbal and/or written care instructions, misuse, or neglect. This agreement and the transaction covered by it primarily pertain to the rendition of services and not the sale of goods. We shall not be held liable for any damage or defects caused by your failure to notify us of any claimed breach in warranty in a reasonable and prompt manner. Additionally, we shall not be held liable for acts of war, terrorism, riots, nature, God, animals or insects. Our warranties are void if any work by others causes damage to our work. We shall not take responsibility for any settling to “sink holes” that may occur due to improper compaction when backfilling around foundations, natural causes, or similar.
Our warranty is limited and shall only cover the cost of labor to remedy any failures resulting from our workmanship. Any materials needed to remedy such failures may be charged to you depending on the circumstances. Any appliance installed by us shall be covered under the manufacturer's warranty, and we shall not be held responsible for any defects or malfunctions of the appliance after installation.
Our invoice must be paid in full and in accordance with the payment terms. If not fully paid at the time of completion, our limited warranty shall be void and of no effect. Additionally, any outstanding unpaid balance from any other job performed by us on your property, any other property you own/have owned, contract you have signed, or any unpaid
balance owed to us shall result in the permanent voiding of our limited warranty.
Subcontractors may be used for work that is hired by us. Any subcontractor work shall be covered by the subcontractor(s) own limited warranty, and a copy of their limited warranty can be provided upon request. No part of our warranty shall cover any work completed by others.
Our warranty is in lieu of all other warranties, express or implied, including any implied warranties of merchantability or
fitness for a particular purpose. Warranty is valid for original purchaser & is nontransferable.
