The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluding in writing by the contractor (Materra, LLC DBA Materra Waterscapes).
Due to the uncertainty in product availability and pricing, estimates with product are only valid for 14 days from initial submission – after which pricing may need to be re-evaluated.
50% deposit required to proceed projects over $1000 (unless otherwise specified). Pool & Recreation Pond Construction requires a 35% deposit to schedule, 35% at project start. This is due to the high cost of materials and to secure them at today’s pricing. Remaining payment is due upon receipt of final invoice. Product is ordered from our manufacturers & scheduling is finalized after a deposit has been received. Checks are preferred, additional fees may be required for credit card transactions. Checks can be mailed to the address above referencing the invoice or estimate number. Date of Service Subject to Change Due to Weather and Other Situations. Scheduling is ultimately based on estimate approval order by date unless otherwise specified above (winter projects, etc..). Accounts over 30 days are subjected to a 5% late fee per month unpaid. Estimates assume normal working conditions and are subject to change based on conditions out of our control. Unexpected costs related to an existing or concealed condition that may be revealed during construction are not included in this estimate. Estimate may not take into account poor site access, bedrock, irrigation repair, site restoration, ground water issues, drainage issues, or material removal such as grass and excess soil. Materra not responsible for damaged plants near construction area – we recommend relocating or potting them before your service date. Any damaged grass will be repaired with overseed. Please mark all sprinkler heads, sprinkler drip lines, surface wiring and remove yard decor to prevent damage. Customer is responsible for all fill/rinse water & power required for the project. This estimate does not include any natural gas or electrical work unless specifically stated above. Materra, LLC is not responsible for permits required by local ordinances or HOA’s (except pool construction). Engineering stamps may occasionally be requested by the county on large permitted projects and are not included in this estimate. Materra can produce HOA documents upon request. Homeowner to verify the safety of the installation & add any necessary safety signage/barriers during and after construction. Customer to contact local utilities to mark underground utility lines before date of service. Materra, LLC will not be held responsible for any injuries as a result of the requested landscape features during or after construction (except Materra workers).
Recurring Service:
Repairs, Parts, and/or Labor are NOT included in the recurring service fee. Additional services shall be quoted per job. Repairs over $100 shall require Customer authorization in advance of the repair on all orders.
General:
Customer authorizes Materra, LLC to use video & photos of water feature & surrounding areas for marketing purposes. Estimates should be thoroughly reviewed before accepting. Any questions should be sent to admin@materraservices.com. Materra, LLC transfers factory warranties if available. Materra, LLC offers a limited 1 year warranty starting final invoice covering non-maintenance related leaks & repairs. Warranty is extended up to (5) years with bi-weekly recurring service for as long as service is active. Pumps, lights and accessories can be swapped at our office or swapped at a paid service visit (replacement product free if product manufacture warranty eligible). By accepting this estimate verbally or online, you are agreeing to our terms and conditions and accept being added to our mailing list. See all terms and conditions at www.materraservices.com.
Communication Guidelines:
Please save the number (720) 815-3212 in your phone for all phone call and text messaging communication. This number is for existing customers only and is prioritized higher from our (303) 214-2688 office number which generally receives 20+ calls per day in season.
Please respect cell phone numbers of Materra workers and only utilize these numbers if necessary within 9AM-5PM M-F business hours. Outside of business hours, communication using worker cell phones may be subject to emergency fees. Feel free to call (720) 815-3212 and leave a message outside of business hours if you do not have an emergency or email admin@materraservices.com.
Have an emergency? Please call (800) 462-3041 and leave a message with the description of your issue. This number simultaneously rings all managers at the same time notifying them someone has an emergency. You will receive a call back as soon as possible. Keep in mind this service is subject to phone call and/or onsite emergency fees.
SCOPE OF WORK
| 1.1 | The contractor shall carry out and complete landscape works described in the estimate document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing. |
| 1.2 | The contract documents shall contain, the estimate, the specification plans and any other document referred to in the estimate. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by the contractor. |
| 1.3 | Only the items on the estimate specification are included, but all works are due for payment. All other requested works are excluded. |
| 1.4 | The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements. |
ESTIMATE
| 2.1 | The contractor also reserves the right to increase the value of the contract due to changes in design or materials by the client after execution of the contract and may result in change order fees. See section on change orders. |
| 2.2 | Acceptance of the estimate involves acceptance of these terms in conditions of the contract documents. This represents a binding contract between the parties. It should be noted by client that any attempt to cancel by the client will involve the client being liable to cancellation fee and any loss of expenses incurred as a result at the discretion of contractor. (Up to a maximum of 50% of the total of estimate.) |
PAYMENT
| 3.1 | The client accepts that he/she will pay the contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract. |
| 3.2 | All accounts are net and do not provide for any discounts or retentions. |
| 3.3 | A deposit of 1/2 down will be required prior to scheduling the start date. Payment for the remainder will be due upon completion. The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate. |
| 3.4 | Larger contracts may be broken into payments by draw. Frequency and amount will be agreed upon by client and contractor. |
| 3.5 | Payments are immediately due on receipt of invoice. |
| 3.6 | The contractor will only ask for the estimate price, unless there are any unforeseeable difficulties, or the work has been increased. In either case all work will be paid for. |
SITE
| 4.1 | The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work. |
| 4.2 | The contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. |
| 4.3 | Any material, refuse or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping. |
DELAY/DISRUPTION
| 5.1 | The contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the contractor incur any liability to the client for any untimely performance. |
| 5.2 | The contractor shall not be held responsible for any delays caused by weather or force majeure which make contract execution impossible. |
MATERIALS ON-SITE
| 6.1 | Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. |
| 6.2 | Any material brought to, or removed from the site, excess to the contractor’s requirements remains the possession of and removable by the contractor who shall have the right to enter the site for that purpose. |
MAINTENANCE AFTER COMPLETION
| 7.1 | The contractor undertakes to execute the scope of this contract. The proper maintenance of the site however passes to the client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the contractor. |
ACTING AGENTS
| 8.1 | The contractor has no responsibility, or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to start of contract. It is the responsibility of the agent to bring these terms of business to the attention of the client. |
WARRANTIES
| 9.1 | Refer to guarantees for specific items. |
| 9.2 | The contractor accepts no liability for any negligent act, omission, or any default under this contract, unless specifically agreed in writing. |
| 9.3 | Any structural or appearance of finished features is at the discretion of the contractor, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to the contractor, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. The contractor is not liable for any works necessary as a consequence of such an omission. This applies to both client and agent. |
SERVICE VISITS
| 10.1 | Service Visits are at the risk of the customer. Materra will do everything to ensure a proper pond given the schedule of our visit. Materra cannot guarantee the health of fish or plants within the pond or any of the equipment running it. Materra will do it’s best to monitor PH, Nitrites, Nitrates, Phosphates, Ammonia, Oxygen Levels, and more, but these can swing at any moment causing catastrophic damage between service visits. |
| 10.2 | Most common issues from failing ponds stem from over feeding fish – or providing them with poor fish food. Consult Materra for more information on using good fish food along with being careful not to overfeed your fish. |
| 10.3 | Materra will attempt to act accordingly to the following issues: High Nitrates = Add Sludge Remover, Possible 20% Water Change, Recommend Slow Feeding of Fish High Nitrites = Add Beneficial Bacteria, Possible 20% Water Change, Possible Pond Salt Added for Fish Stress, Recommend Slow Feeding of Fish. High Phosphates = Possible use of Phosphate Remover. High Ammonia = Add Ammonia Remover, Possible 20% Water Change, Add Beneficial Bacteria. High/Low PH = Generally Nothing, attempting to fix the PH can do more harm to fish. If PH is crashing, possible emergency addition of Baking soda to increase alkalinity. Low Oxygen = Ensure waterfall operational, Recommend Customer purchasing Aerator Pucks. |