DOS GUYS LLC (d/b/a Dos Guys Outdoor Design Solutions)

TERMS & CONDITIONS: QUOTE & SERVICE AGREEMENT

NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT, S.C. CODE ANN. SECTION 15-48-10 ET SEQ. THIS CONTRACT CONTAINS A JURY-TRIAL WAIVER AND A TIME LIMIT FOR BRINGING CLAIMS. PLEASE READ SECTIONS 18 AND 19.

This quote is valid for thirty (30) days from its date, after which pricing, material costs, and scheduling may change. The project will be added to our schedule only upon receipt and clearing of the required deposit. By accepting this quote, paying any deposit, or authorizing work, you (“Client”) enter into a binding agreement with Dos Guys LLC (“Contractor,” “we,” “us”) on these Terms & Conditions.

Section 1. SCOPE OF WORK

The work, materials, quantities, and finishes described in this quote constitute the entire and exclusive scope of work (“Scope”). Anything not expressly listed in this quote is excluded and is not part of the contract price. Without limiting that, the following are excluded unless specifically itemized in this quote: removal/relocation of existing structures, trees, or roots; drainage correction beyond what is listed; grading or soil amendment beyond what is listed; irrigation, lighting, electrical, or plumbing work; permits and permit fees; engineering or survey work; and restoration of areas outside the work area.

Verbal descriptions, sketches, renderings, sample images, and conversations are for illustration only and are not binding. Only the written quote and signed Change Orders define what we are obligated to build. Color, texture, and natural variation in stone, pavers, concrete, wood, and plant material are inherent and are not defects.

Section 2. ALLOWANCES

Some line items may be priced as an “allowance” (a budgeted amount for a material or item not yet finally selected, e.g., a per-ton or per-unit stone allowance). Allowances are estimates only. If Client’s actual selections cost more than the allowance, the difference is billed to Client as a Change Order; if they cost less, Client receives a credit. Allowance amounts do not include design upgrades or quantity increases.

Section 3. CHANGE ORDERS (READ CAREFULLY)

This is the most important section for both of us. It protects you from surprise charges and protects us from disputes over what was agreed.

(a) ALL CHANGES IN WRITING. Any change to the Scope (including changes to materials, design, layout, dimensions, location, finishes, quantities, or labor, and any addition or deletion) must be documented in a written Change Order and approved by both parties BEFORE that work proceeds.

(b) WHAT COUNTS AS WRITTEN APPROVAL. A Change Order is “approved in writing” when Client confirms it through any of the following: a signed or electronically signed Change Order; an approval clicked or typed in Jobber; or a reply of “approved,” “yes,” “go ahead,” or similar from Client’s email or mobile number on file confirming the described change and price. We will summarize every change in writing and obtain this confirmation before proceeding.

(c) NO VERBAL CHANGES. We are not obligated to perform any work that is not in the original Scope or an approved Change Order. We will not rely on verbal requests. If Client asks for a change verbally, we may pause the affected work until a written Change Order is approved, and any resulting delay is excused under Section 10.

(d) PRICING AND DEPOSIT ON CHANGES. Each Change Order states the additional cost (or credit) and any timeline impact. Change Order work is billed at our then-current rates plus materials and applicable markup. Added work of significant value may require an additional deposit before that work begins. Change Order amounts are due on the same terms as the original contract unless stated otherwise.

(e) WORK PERFORMED AT CLIENT’S DIRECTION. If Client (or anyone Client authorizes at the site) directs, requests, or knowingly accepts work beyond the Scope, Client is responsible for the reasonable value of that work even if the written Change Order was not signed before the work was done. Continuing to accept work is acceptance of the change.

(f) TIMELINE. Change Orders may extend the project timeline. Estimated completion dates are adjusted accordingly and are not grounds for a claim.

Section 4. CONCEALED & UNFORESEEN SITE CONDITIONS

Our pricing assumes normal, workable site conditions. If, after work begins, we encounter conditions that could not reasonably be seen during the estimate, including but not limited to rock or ledge, buried debris, concrete, old footings or foundations, unsuitable or unstable soil, high water table, springs, standing water, utilities or lines not marked, tree roots, or contaminated soil, we will notify Client and treat the additional work as a Change Order at additional cost and time. We are not responsible for conditions hidden below the surface that were not disclosed or reasonably discoverable before excavation.

Section 5. DEPOSITS, PAYMENT TERMS & COLLECTION

(a) DEPOSIT. A deposit as stated in the quote (typically 60%) is required to schedule and reserve your start date. Work will not begin until the deposit is received and cleared. The deposit reserves crew time, equipment, and materials and is applied to the contract price. On larger projects we may instead invoice in milestone installments as stated in the quote.

(b) DEPOSIT IS NON-REFUNDABLE TO THE EXTENT OF OUR COSTS AND COMMITMENTS. Upon acceptance we begin incurring costs (ordering and reserving materials, scheduling crews, and turning away other work). If Client cancels, the deposit is non-refundable except for amounts exceeding our actual and committed costs and reasonable lost-scheduling value as of the cancellation date. Custom, special-order, and cut-to-order materials are non-refundable once ordered. (See Section 21 regarding the limited 3-day right to cancel for contracts signed at your home.)

(c) PROGRESS / FINAL PAYMENT. Unless the quote states a different schedule, the remaining balance is due upon Substantial Completion (see Section 7). For larger projects we may invoice progress payments tied to milestones; each is due within the time stated on the invoice.

(d) LATE PAYMENT. A late fee of 5% applies to any balance unpaid three (3) or more days past due, and 1.5% per month (or the maximum allowed by SC law, if lower) accrues on past-due balances thereafter. Returned or failed payments incur a $35 fee.

(e) SUSPENSION. If any payment is past due, we may suspend work without penalty to us until payment is current (see also Section 13). Resulting delays are excused and may require rescheduling around our other commitments.

(f) COLLECTION COSTS AND LIEN RIGHTS. If we must take action to collect amounts owed, Client agrees to pay our reasonable costs of collection, including attorney’s fees, court or arbitration costs, and lien fees, to the fullest extent permitted by law. We reserve all rights to file and enforce a mechanic’s lien against the property to secure payment under S.C. Code Ann. Title 29, Chapter 5.

Section 6. MATERIAL AVAILABILITY, SUBSTITUTIONS & CLIENT-SUPPLIED MATERIALS

(a) AVAILABILITY & SUBSTITUTION. All materials are subject to availability. If a specified material is backordered or discontinued, we may substitute a material of comparable quality and appearance after notifying Client. If supplier prices for specified materials increase by more than 5% between the quote date and the order date, we may pass through the documented increase as a Change Order.

(b) CLIENT-SUPPLIED MATERIALS. If Client provides or directs the use of materials, products, or fixtures that we did not supply, we make NO warranty of any kind as to those items or to any failure, defect, or result caused by them, and our workmanship warranty does not cover issues arising from Client-supplied materials. Client is responsible for the quantity, suitability, and timely delivery of any materials Client supplies; related delays are excused under Section 10.

Section 7. SUBSTANTIAL COMPLETION, FINAL WALKTHROUGH & ACCEPTANCE

(a) “Substantial Completion” means the work is sufficiently complete that the installed improvements can be used for their intended purpose, even if minor corrective (“punch list”) items remain.

(b) FINAL WALKTHROUGH. At or near Substantial Completion we will conduct a final walkthrough with Client. Client will identify, in writing (a Jobber note, text, email, or signed punch list is sufficient), any items Client believes are incomplete or defective. We will promptly complete agreed punch-list items. Items not noted at the walkthrough that were reasonably visible are deemed accepted. Client’s use or occupancy of the installed work is evidence of acceptance.

(c) RETAINAGE LIMIT. At Substantial Completion the balance of the contract price is due, except that Client may withhold ONLY a reasonable amount equal to the estimated cost to complete any remaining agreed punch-list items. Client may not withhold the entire balance or any amount beyond the value of the outstanding punch-list work, and must release the withheld amount promptly once those items are completed.

Section 8. LIMITED WORKMANSHIP WARRANTY

(a) We warrant our hardscape installation workmanship to be free from defects in workmanship for one (1) year from Substantial Completion.

(b) EXCLUSIONS. This warranty does not cover: normal settling, shifting, or movement of soil, base, or hardscape; efflorescence, natural color variation, staining, or weathering of stone/pavers/concrete; cracking of concrete or natural stone (a normal characteristic of these materials); damage from weather, freeze/thaw, flooding, drought, erosion, or acts of nature; damage from misuse, abuse, vehicles, heavy equipment, or improper use; damage from lack of maintenance or sealing; damage from work, alterations, or additions by Client or others after our work; damage from tree roots, pests, or animals; Client-supplied materials (Section 6(b)); and any condition arising from concealed conditions under Section 4 or from Client-directed deviations from our recommendations.

(c) EXCLUSIVE REMEDY. Our sole obligation, and Client’s sole remedy, under this warranty is repair or replacement of the defective workmanship, at our option. Client must report any warranty claim to us in writing within the warranty period and give us reasonable access and opportunity to inspect and cure before engaging others or claiming damages.

(d) WARRANTY VOID IF UNPAID. No warranty applies, and we have no warranty obligation, while any amount owed to us remains unpaid.

Section 9. PLANTS, SOD, SEED & LIVING MATERIAL; DRAINAGE & WATER

(a) LIVING MATERIAL. Plants, trees, shrubs, sod, and seed are living material whose survival depends on watering, weather, soil, and care we do not control. Unless a separate written plant guarantee is purchased, living material is sold AS-IS with no survival warranty. Where a plant guarantee is offered, it is limited and conditioned on Client following our watering and care instructions.

(b) WATER & DRAINAGE. Grading and drainage work is performed to direct water reasonably, but we do not and cannot guarantee that a property will never experience standing water, runoff, or moisture issues, which depend on rainfall, soil, the surrounding terrain, and conditions beyond the work area. Drainage performance is not warranted unless expressly stated in the quote.

Section 10. PROJECT DELAYS / FORCE MAJEURE

Timelines are good-faith estimates, not guarantees. We are not liable for delays caused by weather, ground conditions, material shortages, supplier delays or supplier insolvency, Client decisions or changes, permit or inspection delays, labor shortages, utility locating, government or regulatory orders, epidemics, or any other cause beyond our reasonable control. Such delays extend the schedule by a reasonable period and are not a breach, and Client is not entitled to damages for delay.

Section 11. SITE ACCESS, PROPERTY LINES, PERMITS & UTILITIES

(a) ACCESS & UTILITIES. Client will provide full, safe access to the work area for crews and equipment and reasonable use of on-site water and electricity for the duration of the project. Delays or added costs caused by lack of access are Client’s responsibility.

(b) PROPERTY LINES, EASEMENTS, HOA. Client is responsible for confirming property lines, setbacks, and easements and for obtaining any required HOA, architectural-review, or association approvals. We rely on Client’s representation of boundary locations and are not liable for work placed in reliance on information Client provided.

(d) UTILITY LOCATING / DAMAGE LIMITATION. We will request public utility locating (811) before excavation. Client must identify and mark all PRIVATE lines and items not covered by 811, including irrigation, landscape lighting, invisible/pet fences, private water/electric/gas lines, septic systems and drain fields, wells, and similar. We take reasonable care, but we are NOT responsible for damage to underground utilities, irrigation, private lines, septic components, or unmarked or mismarked items, or for items whose location was not disclosed to us.

Section 12. EQUIPMENT ACCESS & INCIDENTAL PROPERTY DAMAGE

Hardscaping and landscaping require heavy equipment (skid steers, excavators, loaders, delivery trucks) and material staging on the property. Client understands and accepts that normal access, excavation, and material handling can cause incidental, reasonable, and unavoidable disturbance, including tire ruts, compaction, marks on driveways or walkways, and disturbance to lawn, turf, plantings, or sprinkler heads in and around the access route and work area. Such incidental disturbance is an expected part of the work and is NOT a defect or damage for which we are responsible. Repair, resurfacing, or restoration of lawns, driveways, or areas outside the defined work area is not included unless specifically listed in the quote. We will take reasonable care to limit disturbance and will clean up and remove our debris at completion. We remain responsible only for property damage caused by our negligence or willful misconduct, subject to Section 14.

Section 13. CONTRACTOR’S RIGHT TO SUSPEND OR TERMINATE

In addition to any other remedy, we may suspend work or terminate this agreement, on written notice, if Client: (a) fails to make any payment when due; (b) fails to approve a required Change Order or otherwise prevents us from working; (c) denies or fails to provide safe site access; (d) fails to perform any obligation under this agreement; or (e) engages in abusive, threatening, or unsafe conduct toward our crew. If we suspend or terminate for any of these reasons, Client remains responsible for payment for all work performed and materials supplied or ordered through the date of suspension/termination, plus our reasonable costs of demobilization, restocking, and any non-refundable material or supplier charges. Suspension does not waive any other right, including our lien and collection rights under Section 5(f).

Section 14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY SOUTH CAROLINA LAW: our total liability arising out of or related to this contract or the work, for any and all claims combined, will not exceed the total amount actually paid by Client to us under this contract. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost use, lost rental income, loss of enjoyment, diminution in value, or costs of temporary measures. Client’s exclusive remedies are those expressly stated in this agreement.

Section 15. DISCLAIMER OF OTHER WARRANTIES

EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 8, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW.

Section 16. INDEMNIFICATION BY CLIENT

To the fullest extent permitted by law, Client will indemnify, defend, and hold harmless Dos Guys LLC and its owners, employees, and crew from any claim, damage, fine, lien, or cost (including reasonable attorney’s fees) arising out of matters that are Client’s responsibility under this agreement, including: incorrect property lines or boundary information provided by Client; missing or violated HOA, association, setback, or permit requirements; damage to private utilities or items Client failed to mark or disclose under Section 11(d); and claims by neighbors or third parties arising from work performed at Client’s direction or on areas Client represented were within Client’s property.

Section 17. RIGHT TO CURE (BEFORE ANY CLAIM)

Before withholding payment, hiring another contractor, posting public complaints seeking redress, or starting any legal or arbitration proceeding, Client must (1) notify us in writing of the specific issue and (2) give us a reasonable opportunity (at least fourteen (14) days, and reasonable site access) to inspect and cure. Many disputes are resolved this way, and this step is a condition to any claim against us.

Section 18. DISPUTE RESOLUTION: NEGOTIATION, MEDIATION, THEN ARBITRATION

(a) PROCESS. The parties will first attempt to resolve any dispute by good-faith direct discussion. If unresolved within fifteen (15) days, the parties will submit the dispute to non-binding mediation in or near Oconee County, South Carolina, with a mutually agreed mediator, sharing the mediator’s fee equally. If mediation does not resolve the dispute, the dispute will be settled by BINDING ARBITRATION administered under the rules of the American Arbitration Association (or another arbitrator the parties agree on), seated in Oconee County, South Carolina. The arbitrator’s award is final and may be entered as a judgment in any court of competent jurisdiction. This agreement to arbitrate is governed by the South Carolina Uniform Arbitration Act and, where applicable, the Federal Arbitration Act. This section does not prevent us from filing or enforcing a mechanic’s lien or seeking to collect undisputed past-due amounts.

(b) CLASS-ACTION WAIVER. All disputes will be resolved only on an individual basis. Client waives any right to bring or participate in a class, collective, consolidated, or representative action.

(c) JURY-TRIAL WAIVER (BACKSTOP). If for any reason a dispute proceeds in court rather than arbitration, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO A TRIAL BY JURY, and venue lies in Oconee County, South Carolina.

Section 19. TIME LIMIT ON CLAIMS

To the fullest extent permitted by South Carolina law, any claim or action arising out of or relating to this agreement or the work, whether for breach, warranty, negligence, or otherwise, must be commenced within ONE (1) YEAR after Substantial Completion (or, if the work was not completed, within one year after work last stopped). Any claim not brought within that period is permanently barred.

Section 20. GENERAL

(a) GOVERNING LAW & VENUE. This agreement is governed by the laws of the State of South Carolina. Subject to Section 18, venue for any permitted court action is Oconee County, South Carolina.

(b) ENTIRE AGREEMENT. This quote, these Terms & Conditions, and any signed Change Orders are the entire agreement and supersede all prior or contemporaneous discussions, proposals, or representations. No oral statement changes this agreement.

(c) MODIFICATION. This agreement may be changed only in writing (including approved Change Orders as defined in Section 3).

(d) NO WAIVER. Our failure to enforce any provision is not a waiver of it.

(e) SEVERABILITY. If any provision is found unenforceable, the rest remains in full force, and the unenforceable provision is enforced to the maximum extent allowed.

(f) ASSIGNMENT; SUBCONTRACTORS. Client may not assign this agreement without our written consent. We may use qualified subcontractors to perform portions of the work; we remain responsible for the work under this agreement.

(g) ELECTRONIC ACCEPTANCE. Acceptance of the quote, electronic signature, deposit payment, or authorization to begin work each constitutes Client’s agreement to these Terms & Conditions and has the same effect as a written signature.

(h) NOTICES & CONSENT TO ELECTRONIC COMMUNICATION. Notices under this agreement (including right-to-cure and cancellation notices) must be sent in writing to the email or mailing address on file for each party. Client consents to receive communications and to give approvals, including Change Order approvals, by email and text message at the contact information Client provides, and agrees that such electronic approvals are valid and binding. Standard message/data rates may apply.

(i) SURVIVAL. The following survive completion or termination of this agreement: the limited warranty (Section 8), limitation of liability (Section 14), warranty disclaimer (Section 15), indemnification (Section 16), dispute resolution (Section 18), time limit on claims (Section 19), and payment, collection, and lien rights (Section 5).

(j) PHOTO & MARKETING RELEASE. Client grants us permission to photograph and video the completed work and use those images for portfolio, website, and marketing purposes without identifying Client’s address. Client may opt out by notifying us in writing before the project starts.

(k) INSURANCE. We carry liability insurance; proof is available on request. Client is responsible for insuring their own property and belongings.

(l) HEADINGS. Section headings are for convenience only and do not affect interpretation.

Section 21. NOTICE OF 3-DAY RIGHT TO CANCEL (HOME-SIGNED CONTRACTS ONLY)

If this agreement was solicited and signed at Client’s home or a location other than our normal place of business, federal law (FTC Cooling-Off Rule, 16 C.F.R. Part 429) gives Client the right to cancel this transaction, without penalty, by midnight of the third business day after the date of signing. To cancel, Client must notify us in writing at our business address or email on file before that deadline. Cancellation within this period entitles Client to a full refund of any deposit paid. This 3-day right does not apply to contracts signed at our place of business or negotiated and signed remotely, and it does not extend the cancellation/refund terms in Section 5 once the 3-day period has passed.

Section 22. ACCEPTANCE

By accepting this quote, electronically signing, and/or paying the deposit, Client acknowledges they have read, understood, and agree to these Terms & Conditions, including the arbitration, jury-trial waiver, and one-year claim-limit provisions, and enter into a binding service agreement with Dos Guys LLC (d/b/a Dos Guys Outdoor Design Solutions).