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Effective August 11, 2026

These terms govern SG Landscaping project work when incorporated into an accepted estimate, proposal, work order, change order, or other project agreement. Project-specific and legally required notices may also apply.

SG LANDSCAPING LLC

Master Project Terms & Conditions

Effective Date: August 11, 2026

Contractor: SG Landscaping LLC

Business Address: 2072 W Comanche Road, Farmington, Utah 84025

Phone: (801) 923-8076

Email: info@sglandscapingutah.com

Utah Contractor License No.: See applicable proposal or contract.

IMPORTANT PROJECT-SPECIFIC NOTICES

These Master Project Terms and Conditions are intended for use with SG Landscaping LLC estimates, proposals, work orders, service orders, change orders, and project agreements.

Certain residential, consumer, insurance-related, or other transactions may require additional notices or disclosures under applicable law.

When applicable, SG Landscaping shall attach the required current statutory notice or addendum to the Proposal. Any mandatory statutory notice controls over conflicting provisions of these Terms.

Applicable notices may include, without limitation:

- Utah consumer or home-solicitation cancellation notices;

- Utah residential lien-protection disclosures;

- Construction-lien notices;

- Insurance-funded repair disclosures;

- Permit or licensing disclosures; and

- Other notices required by applicable federal, state, county, municipal, or local law.

1. PARTIES AND DEFINITIONS

These Master Project Terms and Conditions are referred to as the “Terms.”

SG Landscaping LLC is referred to as “SG Landscaping,” “SG,” “Contractor,” “we,” “us,” or “our.”

The person or entity purchasing or authorizing the work is referred to as “Customer,” “Owner,” “you,” or “your.”

The real property where work will be performed is referred to as the “Property” or “Project Site.”

The estimate, quote, proposal, work order, service order, or other project-specific description issued by SG is referred to as the “Proposal.”

The Proposal, these Terms, approved plans and specifications, written change orders, applicable addenda, and legally required notices collectively constitute the “Agreement.”

2. UNIVERSAL APPLICATION

Unless SG expressly agrees otherwise in writing, these Terms apply to all work SG Landscaping provides.

They are intended to apply regardless of:

- Project value;

- Project duration;

- Residential or commercial property;

- Owner-occupied or rental property;

- New construction, repair, replacement, renovation, maintenance, or improvement;

- Fixed-price, estimated-price, unit-price, cost-plus, allowance-based, or time-and-material pricing;

- Labor-only or labor-and-material projects;

- Work performed by SG employees;

- Work performed by subcontractors;

- Emergency or service-call work; and

- The specific service being performed.

These Terms apply to all current and future SG services that SG is legally authorized and properly licensed to perform.

3. SERVICES COVERED

These Terms may apply to services including, without limitation:

- General landscaping;

- Landscape construction;

- Complete yard installations;

- Yard renovations;

- Outdoor remodeling;

- Fencing;

- Gates;

- Decks;

- Stairs;

- Railings;

- Pergolas;

- Outdoor structures;

- Retaining walls;

- Artificial turf;

- Sod;

- Seed;

- Xeriscaping;

- Planting;

- Trees;

- Shrubs;

- Irrigation;

- Sprinkler modification;

- Drainage;

- Grading;

- Excavation;

- Trenching;

- Demolition;

- Site preparation;

- Concrete;

- Pavers;

- Patios;

- Walkways;

- Masonry;

- Gravel;

- Rock;

- Mulch;

- Edging;

- Hauling;

- Material delivery;

- Equipment work;

- Cleanup;

- Repair work;

- Replacement work;

- Outdoor improvements;

- Landscape lighting when legally permitted;

- Design assistance;

- Project management;

- Maintenance-related work; and

- Other services SG may lawfully provide.

Listing a service in these Terms does not mean SG has agreed to perform that service on a particular project.

Only work included in the applicable Proposal or approved Change Order is included.

4. CONTRACT DOCUMENTS

The Agreement consists of:

1. The accepted Proposal;

2. These Master Project Terms and Conditions;

3. Approved project plans, drawings, specifications, selections, allowances, or exhibits;

4. Approved Change Orders;

5. Project-specific addenda; and

6. Applicable legally required notices or disclosures.

If a conflict exists, the documents control in the following order unless expressly stated otherwise:

1. Mandatory law or statutory notice;

2. Signed or electronically approved Change Order;

3. Project-specific Addendum;

4. Accepted Proposal;

5. These Terms;

6. Plans, specifications, drawings, or other attachments.

5. ENTIRE AGREEMENT

The Agreement contains the entire understanding between SG and Customer concerning the Project.

Customer acknowledges that the Agreement supersedes prior:

- Conversations;

- Text messages;

- Sales discussions;

- Advertisements;

- Marketing materials;

- Preliminary estimates;

- Concept drawings;

- Representations; and

- Verbal understandings.

No verbal promise modifies the Agreement.

6. ACCEPTANCE

Customer accepts the Agreement by any of the following:

- Signing the Proposal;

- Electronically accepting the Proposal;

- Paying a deposit;

- Authorizing SG to order materials;

- Authorizing SG to schedule the Project;

- Providing written approval by text or email;

- Signing a work order; or

- Permitting SG to begin authorized work.

Electronic signatures and electronic approvals are intended to have the same effect as handwritten signatures to the extent permitted by law.

7. CUSTOMER AUTHORITY

The person accepting the Agreement represents that the person:

- Owns the Property; or

- Has legal authority to bind the Property owner or purchasing entity.

Customer is responsible for obtaining authorization from:

- Co-owners;

- Spouses when legally required;

- Landlords;

- Property managers;

- HOAs;

- Lenders;

- Government agencies;

- Business partners; and

- Other persons whose consent is required.

SG may rely on Customer's representation of authority.

8. PROPOSAL EXPIRATION

Unless otherwise stated, a Proposal expires 30 calendar days after issuance.

After expiration SG may revise:

- Pricing;

- Labor rates;

- Material pricing;

- Availability;

- Equipment rates;

- Delivery charges;

- Schedule;

- Subcontractor pricing; and

- Other terms.

9. SCOPE OF WORK

SG shall perform only the work reasonably described in the Proposal.

Anything not expressly included is excluded.

Customer shall not assume that an item is included merely because it:

- Is normally associated with similar work;

- Was mentioned during an informal conversation;

- Appears in a photograph or rendering;

- Would improve the final result;

- Is necessary for another contractor's work; or

- Was present in an earlier version of a Proposal.

10. EXCLUSIONS

Unless specifically included in the Proposal, SG's price does not include:

- Engineering;

- Architecture;

- Land surveying;

- Soil testing;

- Geotechnical analysis;

- Structural calculations;

- Stamped plans;

- Special inspections;

- HOA fees;

- Permit fees;

- Utility fees;

- Impact fees;

- Environmental testing;

- Hazardous-material remediation;

- Unexpected rock removal;

- Groundwater management;

- Private utility relocation;

- Septic relocation;

- Electrical work requiring another license;

- Plumbing requiring another license;

- Gas work requiring another license;

- Repairs to concealed preexisting damage;

- Remediation of code violations unrelated to SG's work;

- Restoration outside the agreed work area; or

- Anything else not identified in the Proposal.

11. PLANS, DRAWINGS, RENDERINGS, AND CONCEPTS

Drawings, sketches, digital renderings, photographs, AI-generated concepts, landscape concepts, and similar visual materials are intended primarily to communicate general design intent unless expressly identified as construction drawings.

Actual conditions may differ because of:

- Product availability;

- Terrain;

- Measurements;

- Site conditions;

- Construction requirements;

- Natural material variation;

- Engineering;

- Code requirements; and

- Field adjustments.

A visual rendering is not a guarantee that the completed Project will appear identical from every angle, lighting condition, or perspective.

12. REMOTE ESTIMATES AND CUSTOMER-PROVIDED INFORMATION

SG may prepare estimates using:

- Customer measurements;

- Photographs;

- Video;

- Satellite imagery;

- Aerial imagery;

- Property records;

- Plans;

- Maps;

- Online measurement tools; or

- Other remote information.

Unless measurements have been verified by SG at the Property, the Proposal may be adjusted after field verification.

Customer is responsible for materially inaccurate information supplied to SG.

13. MEASUREMENTS AND QUANTITIES

Estimated dimensions and quantities may change after:

- Field measurement;

- Excavation;

- Material layout;

- Final design;

- Site verification; or

- Discovery of concealed conditions.

When pricing is based on unit quantities, Customer shall pay based on actual installed or required quantities.

Normal material waste resulting from cuts, matching, breakage, layout, pattern, manufacturer packaging, or installation requirements is considered part of the Project quantity.

14. FIXED-PRICE WORK

A fixed-price Proposal covers the specified scope under the assumptions stated in the Agreement.

A fixed price does not include:

- Scope changes;

- Customer-requested upgrades;

- Concealed conditions;

- Unforeseen site conditions;

- Customer-caused delays;

- Work caused by inaccurate Customer information; or

- Other work outside the original scope.

15. TIME-AND-MATERIAL WORK

When work is billed on a time-and-material basis, Customer agrees to pay applicable charges for labor, supervision, materials, equipment, delivery, disposal, subcontractors, mobilization, travel when stated, administrative/project management costs when stated, and applicable markup.

Time may include reasonable time necessary to acquire materials, load equipment, travel between suppliers and the Project, dispose of debris, mobilize, demobilize, and perform directly related Project activities.

16. ALLOWANCES

An allowance is a placeholder amount, not a guaranteed final cost.

If Customer selects an item costing more than the allowance, Customer pays the difference.

If the actual eligible cost is less than the allowance, SG shall credit the difference as appropriate under the Proposal.

Allowance changes may also affect labor, shipping, equipment, waste, installation, tax, and schedule.

17. CUSTOMER SELECTIONS

Customer shall make selections by the deadlines reasonably requested by SG.

Selections may include product, color, style, size, pattern, layout, finish, plant variety, fence style, gate direction, decking, railing, paver, rock, turf, irrigation equipment, and similar items.

Customer delays in making selections may extend the schedule and increase the Project price.

18. DEPOSIT

Customer shall pay the deposit shown in the Proposal.

SG may use deposited funds toward legitimate Project expenses including materials, supplier commitments, equipment, scheduling, mobilization, permitting, design, subcontractors, administrative costs, and labor attributable to the Project.

Special-order and nonreturnable items may become nonrefundable once ordered.

Nothing in this section limits cancellation or refund rights that Customer cannot legally waive.

19. PAYMENT SCHEDULE

Customer shall make payments according to the Proposal.

Unless otherwise stated:

- Deposit is due upon acceptance;

- Progress payments are due when the corresponding Project milestone is reached;

- Invoices are due upon receipt; and

- Final payment is due upon Substantial Completion.

A lender, insurer, financing company, or third party's failure or delay in paying Customer does not delay Customer's obligation to SG unless SG expressly agrees otherwise.

20. FINANCING

Customer's obligation to pay is not contingent on obtaining financing, refinancing, insurance proceeds, loan draws, grants, reimbursement, or payment from another person.

Customer remains responsible for the Agreement price.

21. CREDIT CARD AND PAYMENT DISPUTES

A payment reversal, chargeback, stopped check, or disputed electronic transaction does not extinguish a valid amount owed under the Agreement.

Customer agrees to first notify SG of a payment dispute and allow a reasonable opportunity for SG to investigate before initiating a payment dispute, except where prohibited by law.

22. LATE PAYMENTS

Any past-due amount may accrue a finance charge of the lesser of 1.5% per month or the maximum rate legally permitted.

SG may also recover reasonable collection expenses to the extent permitted by law.

23. COLLECTION COSTS

To the extent permitted by law, Customer shall be responsible for reasonable costs SG incurs collecting valid unpaid amounts, including collection costs, filing fees, recording fees, court costs, lien-related expenses, mediation costs, and reasonable attorney fees.

24. RETAINAGE AND WITHHOLDING

Customer may not withhold payment unrelated to the specific work allegedly in dispute.

Any legally permitted retainage or withholding shall comply with applicable law.

Customer may not withhold the entire Project balance because of minor incomplete or punch-list items.

25. RIGHT TO SUSPEND WORK

SG may suspend work if Customer fails to pay an amount when due, prevents reasonable access, creates unsafe conditions, fails to provide required selections, materially interferes with SG, fails to obtain required owner approvals, violates the Agreement, or otherwise prevents orderly performance.

A permitted suspension is not abandonment.

26. EFFECTS OF SUSPENSION

A Customer-caused suspension may result in schedule extension, demobilization charges, remobilization charges, equipment charges, storage charges, material price increases, additional labor, subcontractor cancellation fees, and rescheduling costs.

Customer shall be responsible for reasonable additional costs resulting from Customer-caused suspension.

27. MOBILIZATION AND REMOBILIZATION

SG's pricing assumes reasonable and orderly access to perform the work.

If SG must remove and later return crews or equipment because of circumstances caused by Customer, another Customer-controlled contractor, unavailable access, or an unresolved Customer obligation, SG may charge reasonable remobilization costs.

28. SERVICE CALLS AND MINIMUM CHARGES

SG may establish minimum charges for service calls, diagnostic visits, equipment deployment, mobilization, delivery, hauling, emergency work, and small projects.

Any applicable minimum charge shall be disclosed in the Proposal or before the service is authorized.

29. CHANGE ORDERS

A Change Order is any authorized change to scope, materials, quantity, dimensions, design, location, sequence, schedule, equipment, labor, price, or other Project requirements.

Whenever reasonably practicable, changes shall be approved before the changed work begins.

30. ELECTRONIC CHANGE AUTHORIZATION

Customer may approve a Change Order through electronic signature, email, text message, customer portal, quoting system, or other written electronic communication.

Customer-requested field changes are not free merely because a formal Change Order form was not immediately generated.

31. EMERGENCY CHANGES

SG may perform reasonably necessary work without advance approval when immediate action is reasonably required to protect life, prevent significant property damage, stabilize unsafe conditions, protect unfinished construction, or avoid greater damage.

SG shall notify Customer as soon as reasonably practicable.

32. CUSTOMER-DIRECTED DEVIATIONS

If Customer instructs SG to proceed in a manner contrary to SG's written recommendation, SG may require written acknowledgment.

To the extent permitted by law, SG is not responsible for failure or damage caused by Customer's decision to disregard SG's documented recommendation.

SG may refuse any instruction SG reasonably believes to be unsafe, illegal, structurally improper, outside SG's licensing, contrary to code, or likely to create unreasonable risk.

33. CONCEALED AND UNFORESEEN CONDITIONS

Pricing assumes reasonably observable site conditions.

Concealed or unforeseen conditions may include rock, hardpan, buried concrete, foundations, construction debris, trash, tree roots, groundwater, springs, unstable soil, expansive soil, frozen soil, contaminated soil, buried structures, unknown drainage systems, abandoned utilities, septic components, hidden irrigation, hidden structural damage, rot, corrosion, pest damage, hazardous substances, and conditions materially different from information provided to SG.

Such conditions may require a Change Order.

34. ROCK AND EXCAVATION CONDITIONS

Unless expressly included, SG does not assume unusually difficult excavation conditions.

Additional charges may apply for large rock, bedrock, reinforced concrete, buried foundations, excessive roots, hardpan, unexpected groundwater, unsuitable soils, shoring, and specialty excavation equipment.

35. SOIL CONDITIONS

SG is not responsible for soil conditions that could not reasonably be identified from normal observation unless soil analysis or engineering is included in SG's scope.

Soil-related conditions may affect settlement, drainage, plant survival, concrete, pavers, retaining structures, deck footings, fence posts, and finished grading.

36. PROPERTY LINES

Customer is responsible for accurately identifying property lines, corners, easements, rights-of-way, setbacks, encroachments, and restricted areas.

Unless expressly included, SG does not perform licensed land surveying.

SG may rely on markers, stakes, surveys, drawings, or instructions supplied or approved by Customer.

37. FENCE AND IMPROVEMENT LOCATIONS

Before installation, Customer is responsible for approving the location of fences, walls, structures, patios, irrigation, turf, landscaping, and other improvements.

If Customer directs SG to install work at an incorrect location because of inaccurate property information, Customer is responsible for resulting relocation or reconstruction costs except to the extent caused by SG's failure to follow the approved location.

38. PUBLIC UTILITY LOCATES

SG will comply with applicable requirements relating to public utility locating when SG is responsible for excavation.

Utility markings may not identify every private or customer-owned facility.

39. PRIVATE UTILITIES

Customer shall disclose and identify private facilities including sprinkler lines, irrigation, landscape lighting, low-voltage wiring, private electrical lines, internet, cable, security systems, invisible pet fences, private gas or propane lines, septic tanks, drain fields, sewer laterals, private water lines, wells, pool utilities, spa utilities, outdoor kitchen utilities, and other buried improvements.

To the extent permitted by law, Customer is responsible for damage to undisclosed or inaccurately located private facilities except to the extent caused by SG's negligence.

40. PERMITS

Responsibility for permits shall be stated in the Proposal.

When SG is responsible for obtaining a permit, Customer shall timely provide information reasonably required for the application.

Permit fees are Customer's responsibility unless the Proposal states they are included.

41. HOA AND THIRD-PARTY APPROVALS

Unless expressly included, Customer is responsible for obtaining HOA approval, architectural-control approval, landlord approval, neighbor access permission, easement consent, and other private third-party authorization.

Customer shall provide applicable requirements to SG before work begins.

SG is not responsible for undisclosed HOA or private restrictions.

42. CODE AND INSPECTION REQUIREMENTS

SG shall perform its work in accordance with applicable requirements governing SG's scope.

If an inspector or governmental authority requires work beyond the original scope because of previously unknown conditions, existing violations, code changes, design errors not caused by SG, or requirements not reasonably ascertainable during estimating, the additional work may require a Change Order.

43. PROFESSIONAL SERVICES

Unless expressly stated, SG is not acting as architect, professional engineer, land surveyor, geotechnical engineer, or other licensed design professional.

When professional design services are legally required, SG or Customer may retain the appropriate licensed professional as stated in the Proposal.

44. CUSTOMER SITE ACCESS

Customer shall provide reasonable access to the Property.

Customer shall provide gate access, remove obstructing vehicles, provide required parking arrangements, inform SG of access restrictions, provide reasonable staging space, obtain neighbor access permission when required, and prevent avoidable interference with SG's work.

45. PETS, CHILDREN, AND VISITORS

Construction areas may contain hazards.

Customer shall keep children, pets, guests, tenants, visitors, and unauthorized persons away from active work areas.

SG is not responsible for injury resulting from an unauthorized person's entry into a reasonably identified active work area except to the extent caused by SG's negligence.

46. SITE SAFETY

SG maintains control over its work methods, crews, and equipment.

Customer shall not operate SG equipment, move safety barriers, enter excavations, climb unfinished structures, use incomplete improvements, or direct SG employees to perform unsafe work.

SG may stop work because of unsafe conditions.

47. OTHER CONTRACTORS

Customer shall coordinate other contractors so they do not interfere with SG.

SG is not responsible for work that another contractor damages, removes, alters, covers, disconnects, misuses, or improperly connects to SG's work.

Additional work caused by other contractors may be charged to Customer.

48. CUSTOMER'S DIRECT COMMUNICATION WITH CREWS

Customer may communicate normal questions to SG personnel but may not independently modify the Agreement by instructing employees or subcontractors to perform additional work.

Only authorized SG representatives may approve pricing or contractual changes on SG's behalf.

49. SUBCONTRACTORS

SG may use subcontractors, specialty contractors, suppliers, vendors, and independent service providers to perform portions of the Project.

Customer agrees that use of subcontractors does not constitute assignment or breach.

SG remains responsible for SG's contractual obligations as required by law.

50. CUSTOMER-SUPPLIED MATERIALS

If SG agrees to install Customer-supplied materials, Customer assumes responsibility for product quality, product suitability, completeness, compatibility, manufacturer defects, missing components, incorrect quantities, shipping damage, and product warranty.

SG is responsible for its own installation workmanship but does not warrant the underlying Customer-supplied product.

Additional labor resulting from defective, incorrect, incomplete, or incompatible Customer materials may be charged to Customer.

51. MATERIAL AVAILABILITY

Materials may be affected by supplier inventory, manufacturer delays, transportation, discontinuation, allocation, backorders, tariffs, shortages, and market conditions.

SG does not guarantee material availability until material has been secured.

52. MATERIAL SUBSTITUTIONS

If a specified material becomes unavailable, SG may propose a reasonably comparable substitute.

Customer approval shall be obtained when the substitution materially affects appearance, performance, price, or design.

53. NATURAL MATERIAL VARIATION

Natural and manufactured materials can vary.

Customer accepts reasonable variation in color, grain, texture, veining, size, shape, shade, pattern, finish, and weathering.

Samples and photographs do not guarantee an exact installed match.

54. WOOD PRODUCTS

Wood naturally may check, split, warp, twist, shrink, expand, fade, develop knots, release sap, and change appearance.

These natural characteristics are not necessarily workmanship defects.

55. MATERIAL OWNERSHIP AND SURPLUS

Unless otherwise stated:

- Materials incorporated into the Project become part of the Property when paid for as required under the Agreement;

- SG retains ownership of SG-owned tools and equipment;

- Unused bulk or surplus materials purchased as SG inventory remain SG's property unless specifically sold to Customer; and

- Customer may retain specifically purchased excess material when the Proposal expressly provides for it.

Applicable lien and ownership rights are preserved.

56. REMOVED MATERIALS

Unless otherwise stated, SG may remove and dispose of demolition debris and removed materials included in SG's disposal scope.

Customer shall notify SG before demolition if Customer wants to retain a specific reusable item.

SG does not guarantee removed materials can be salvaged without damage.

57. EQUIPMENT

Customer authorizes SG to use equipment reasonably necessary for the Project, including skid steers, mini skid steers, excavators, trenchers, compactors, dump trailers, loaders, trucks, concrete equipment, and other construction equipment.

Normal equipment use may affect surrounding soil, grass, pavement, or landscaping.

58. EQUIPMENT ACCESS DAMAGE

SG shall exercise reasonable care.

Customer understands that heavy construction equipment may create unavoidable tire marks, track marks, soil compaction, lawn disturbance, mud, rutting, surface scratching, and minor access-area disturbance.

Repair is included only to the extent stated in the Proposal or required because of SG's negligence.

59. EQUIPMENT STANDBY

When rented or dedicated equipment remains unavailable for other work because of a Customer-caused delay, Customer may be charged reasonable standby or extension costs.

60. NORMAL CONSTRUCTION CONDITIONS

Customer acknowledges that construction commonly creates dust, noise, vibration, mud, odors, debris, temporary access restrictions, open excavations, material piles, temporary irrigation interruption, and other ordinary disruptions.

SG will take reasonable measures appropriate to the Project but cannot eliminate all construction effects.

61. EXISTING CONDITIONS

SG is not responsible for preexisting cracks, settlement, rot, corrosion, leaks, drainage defects, structural defects, irrigation defects, code violations, soil problems, utility problems, or other deficiencies unless repairing them is included in SG's scope.

62. DAMAGE TO EXISTING IMPROVEMENTS

SG is responsible for damage caused by SG's negligence.

SG is not responsible for damage arising from hidden defects, improper prior installation, undisclosed conditions, weak or deteriorated materials, unmarked private utilities, or conditions that could not reasonably be discovered before work.

63. MATCHING EXISTING MATERIALS

SG does not guarantee exact matching of existing concrete, pavers, stone, wood, paint, stain, fence material, turf, plants, gravel, or other aged materials.

Age, weather, manufacturing changes, and natural variation may prevent exact matching.

64. DRAINAGE

Unless a professionally engineered drainage system is included, SG does not guarantee complete elimination of standing water, groundwater, snowmelt, runoff, water originating from neighboring property, or drainage effects from conditions beyond SG's scope.

Customer is responsible for maintaining drainage features after completion.

65. GRADING

SG will grade the Property according to the general objectives stated in the Proposal.

Finished grading may settle or change because of rain, irrigation, freeze-thaw cycles, soil composition, traffic, animals, landscaping activity, and natural settlement.

Ongoing maintenance and correction of natural post-construction settlement are excluded unless covered by a written warranty.

66. IRRIGATION

Existing irrigation systems may contain hidden leaks, damaged wires, clogged components, improper design, inadequate pressure, undocumented modifications, or deteriorated parts.

Unless specifically included, SG does not warrant preexisting irrigation components.

Customer is responsible for monitoring irrigation after Project completion.

67. PLANTS, TREES, SHRUBS, SOD, AND SEED

Living materials are affected by factors beyond SG's control, including water, weather, soil, sunlight, disease, pests, animals, fertilizer, chemicals, Customer maintenance, and irrigation operation.

Unless a separate written plant warranty is provided, survival or establishment of living materials is not guaranteed after installation.

68. CUSTOMER LANDSCAPE MAINTENANCE

Customer assumes responsibility for maintenance after completion, including as applicable watering, mowing, fertilizing, weed control, pruning, cleaning, irrigation adjustment, winterization, and seasonal care.

Failure to perform appropriate maintenance may affect warranty coverage for affected work.

69. ARTIFICIAL TURF

Customer acknowledges that artificial turf may exhibit visible seams, fiber direction, matting, infill movement, static, heat, minor wrinkles during acclimation, edge movement, odors from pets, weed growth from surface deposits, and normal wear.

SG does not guarantee artificial turf will eliminate pet odor, heat, weeds, maintenance, static, or drainage issues unrelated to SG's installation.

70. TURF HEAT AND REFLECTION

Artificial turf can become hot in direct sunlight.

Customer is also responsible for preventing damage caused by grills, fire, hot equipment, cigarettes, fire pits, chemicals, and concentrated reflected sunlight from windows or other surfaces.

71. XERISCAPING, ROCK, AND WEED BARRIERS

Xeriscaping reduces certain maintenance but does not guarantee elimination of weeds.

Weeds may grow through openings, around edges, from windblown seeds, in deposited soil, near plants, and above weed barrier material.

Weed control after completion is Customer's responsibility unless maintenance is included.

72. FENCES

Customer shall approve fence location, height, material, style, gate location, and gate swing.

Normal soil movement, freeze-thaw cycles, moisture, wind, and wood movement may affect fences and gates over time.

73. GATES

Gates may require periodic adjustment because of settlement, temperature, moisture, use, hinge movement, and wood movement.

Routine future adjustments are maintenance unless covered by SG's workmanship warranty.

74. DECKS AND OUTDOOR STRUCTURES

Decking and outdoor structures may experience expansion, contraction, checking, fading, weathering, minor movement, and natural material variation.

Customer shall not overload or materially modify a structure contrary to its intended design.

75. CONCRETE

Customer acknowledges that concrete naturally may develop cracking.

SG does not guarantee that concrete will remain crack-free.

Minor hairline cracking, color variation, curing variation, surface variation, and expansion or contraction do not automatically constitute defective workmanship.

76. CONCRETE DAMAGE EXCLUSIONS

SG is not responsible for concrete damage caused by deicing chemicals, improper chemicals, excessive loads, heavy vehicles, ground movement, drainage changes, freeze-thaw conditions, Customer modifications, or lack of maintenance.

77. PAVERS, MASONRY, AND HARDSCAPE

Pavers, masonry, stone, and similar materials may experience minor movement, efflorescence, color variation, joint movement, settlement, and weathering.

Reasonable variation is not a workmanship defect.

78. DEMOLITION

Demolition may reveal previously concealed conditions.

SG is not responsible for conditions hidden behind, beneath, or within demolished work unless SG caused the condition.

Additional work resulting from concealed conditions may require a Change Order.

79. HAZARDOUS MATERIALS

Unless specifically included, SG does not provide testing or remediation of asbestos, lead, mold, contaminated soil, fuel, chemicals, biological hazards, or other regulated materials.

SG may suspend affected work if a suspected hazardous condition is discovered.

80. WEATHER

SG may delay work because of weather or site conditions including rain, snow, wind, extreme heat, extreme cold, frozen ground, excessive moisture, mud, wildfire smoke, and conditions SG reasonably determines could compromise safety or workmanship.

Such reasonable delays are not breach of contract.

81. PROJECT SCHEDULE

Unless SG expressly states that a date is guaranteed, Project dates are good-faith estimates.

Schedule estimates may change because of weather, permits, inspections, material availability, Customer changes, labor availability, subcontractor scheduling, utility delays, concealed conditions, equipment issues, force majeure, or other circumstances reasonably outside SG's control.

82. CUSTOMER-CAUSED DELAYS

Customer-caused delay may include late payment, late selection, restricted access, repeated design changes, failure to obtain approval, interference from Customer's contractors, failure to relocate personal property, or failure to make timely decisions.

Customer is responsible for reasonable additional cost caused by such delay.

83. FORCE MAJEURE

Neither party is in breach for reasonable delay caused by events beyond that party's reasonable control, including natural disaster, severe weather, fire, war, civil disturbance, government action, emergency, epidemic, supplier interruption, transportation disruption, or similar events.

Payment obligations for work already performed are not excused.

84. PRICE ESCALATION AFTER CUSTOMER DELAY

If Customer materially delays the Project, SG may adjust pricing to reflect documented or reasonably verifiable increases in materials, labor, equipment, fuel, delivery, disposal, permits, and subcontractor charges.

85. EXTRAORDINARY MARKET CHANGES

If an extraordinary supplier increase, tariff, material shortage, or similar event occurs after acceptance but before acquisition of affected materials, SG may propose a substitute, request a Change Order, or delay the affected work while alternatives are evaluated.

86. CLEANUP

SG shall perform ordinary construction cleanup consistent with the Proposal.

Unless included, SG is not responsible for detailed housekeeping, cleaning areas unrelated to SG, removing Customer debris, removing another contractor's debris, or restoring areas outside the agreed construction zone.

87. SUBSTANTIAL COMPLETION

Substantial Completion occurs when the Project or applicable portion is sufficiently complete for its intended use, even if minor corrective or finishing items remain.

Substantial Completion does not require every punch-list item to be completed.

88. CUSTOMER INSPECTION

Customer shall inspect the work promptly after SG gives notice of Substantial Completion.

Customer should provide SG with a written punch list within five calendar days.

Latent defects that could not reasonably be discovered during inspection are not waived merely because they were not listed.

89. PUNCH LIST

A punch list should identify specific incomplete or allegedly defective work.

Minor punch-list items do not justify withholding the entire final payment.

SG shall complete valid punch-list items within a reasonable period considering weather, material availability, schedule, subcontractor availability, and nature of the correction.

90. RIGHT TO CURE

Before Customer hires another contractor to repair alleged defective SG work or seeks reimbursement, Customer shall, except in a genuine emergency:

1. Notify SG in writing;

2. Describe the alleged defect;

3. Allow SG reasonable access to inspect; and

4. Allow SG a reasonable opportunity to correct covered work.

Customer shall take reasonable measures to prevent additional damage.

91. FINAL PAYMENT

Final payment is due according to the Proposal and, unless otherwise stated, at Substantial Completion.

Pending minor punch-list items, manufacturer warranty claims, Customer financing, insurance reimbursement, or unrelated disputes does not automatically extend the final payment due date.

92. WORKMANSHIP WARRANTY

Unless the Proposal provides a different written warranty, SG warrants its original installation workmanship for one year from Substantial Completion.

SG's obligation for a covered workmanship defect is, at SG's option, to reasonably repair, replace, or correct the affected SG work.

Nothing in this section waives a non-waivable warranty imposed by law.

93. WARRANTY EXCLUSIONS

SG's workmanship warranty does not cover conditions caused by normal wear, normal aging, natural material movement, weathering, fading, existing conditions, manufacturer defects, Customer misuse, Customer modification, another contractor, pets, animals, insects, vandalism, accident, fire, extreme weather, improper maintenance, improper watering, irrigation malfunction not caused by SG, chemicals, deicing products, unforeseen soil movement, drainage outside SG's scope, failure to follow care instructions, or unauthorized repair.

94. WARRANTY CLAIM PROCEDURE

Customer shall promptly notify SG in writing after discovering an alleged warranty condition.

Customer shall describe the condition, provide reasonable photographs if available, avoid making the condition worse, and give SG reasonable access.

Failure to provide reasonable access may delay warranty service.

95. MANUFACTURER WARRANTIES

Manufacturer warranties are governed by the manufacturer's terms.

To the extent transferable, applicable manufacturer warranties shall pass to Customer.

SG does not guarantee manufacturer approval, manufacturer response time, shipping coverage, replacement availability, or labor reimbursement.

Replacement labor for a manufacturer-defective product is excluded unless included by SG's warranty or paid by the manufacturer.

96. DISCLAIMER OF OTHER WARRANTIES

Except for express warranties in the Agreement and warranties that cannot legally be waived, SG disclaims other warranties to the fullest extent permitted by law.

97. CUSTOMER INSURANCE

Customer is responsible for maintaining appropriate insurance on the Property and existing improvements.

SG's insurance does not replace Customer's homeowner's insurance, property insurance, builder's risk coverage when applicable, or other appropriate coverage.

98. SG INSURANCE

SG shall maintain insurance required by applicable law and licensing requirements.

Proof of applicable coverage may be provided when reasonably requested.

99. THEFT AND VANDALISM

SG is not responsible for theft, vandalism, or damage by unauthorized persons except to the extent resulting from SG's negligence or other liability that cannot legally be excluded.

100. PHOTOGRAPHS AND DOCUMENTATION

SG may photograph or record existing site conditions, measurements, construction progress, concealed conditions, damage, completed work, and warranty conditions for legitimate business purposes including documentation, quality control, estimating, insurance, and dispute resolution.

101. MARKETING PHOTOGRAPHS

Unless Customer opts out in writing before completion, Customer grants SG permission to use nonconfidential photographs of completed work for portfolio, website, social media, advertising, proposals, and marketing.

SG will use reasonable efforts not to intentionally publish identifying information such as Customer's name, street address, license plate, or identifiable minor children without permission.

102. CONSTRUCTION LIEN RIGHTS

SG does not waive any lawful construction-lien, bond, collection, or other payment remedy.

SG and persons providing labor or materials may have rights under applicable construction-lien law.

Where required or appropriate, SG may file notices through the applicable State Construction Registry or other governmental system.

103. LIEN WAIVERS

SG may provide appropriate conditional or unconditional lien waivers as legally required or reasonably appropriate following applicable payment.

Customer shall not require SG to sign an inaccurate waiver or waive payment rights for money SG has not received.

104. CUSTOMER CANCELLATION

Customer may cancel the Agreement by written notice.

Customer retains all cancellation rights that applicable law does not permit Customer to waive.

If no statutory cancellation right applies, or after any applicable cancellation period expires, Customer is responsible to the extent permitted by law for amounts resulting from cancellation, including work performed, materials purchased, nonreturnable materials, special-order materials, supplier cancellation charges, restocking charges, permit expenses, design expenses, engineering expenses, subcontractor commitments, equipment commitments, demobilization, site protection, and other legally recoverable costs or damages.

SG shall credit amounts actually recovered from returned materials as appropriate.

105. STATUTORY CANCELLATION RIGHTS

Nothing in the Agreement reduces a cancellation right established by applicable consumer law.

When a legally prescribed cancellation notice is required, SG shall provide the applicable current notice in the legally required format.

The statutory notice controls over inconsistent cancellation terms in this Agreement.

106. CANCELLATION BEFORE MATERIAL ORDER

When Customer validly cancels before SG incurs Project costs and no legally recoverable charges apply, SG shall process any required refund according to applicable law and the Agreement.

107. TERMINATION BY SG

SG may terminate the Agreement for material breach by Customer, including failure to pay, denial of access, unsafe conditions, material interference, repeated refusal to make required decisions, misrepresentation, demands for unlawful work, demands for unsafe work, or other substantial breach.

Where reasonably practicable, SG shall provide written notice and a reasonable opportunity to cure before termination.

108. TERMINATION BY CUSTOMER FOR SG BREACH

Customer may terminate for SG's uncured material breach after providing written notice and a reasonable opportunity for SG to cure, except where immediate termination is permitted by law.

109. TERMINATION ACCOUNTING

Following termination, the parties shall account for payments received, work performed, materials purchased, materials returned, outstanding obligations, credits, and amounts legally due.

110. LIMITATION OF CONSEQUENTIAL DAMAGES

To the fullest extent permitted by law, neither SG nor Customer shall be liable to the other for remote or consequential damages that were not reasonably contemplated as the direct result of breach.

To the fullest extent legally permitted, SG is not responsible for Customer's lost profits, lost rental income, business interruption, financing costs, loss of use, emotional distress, or similar indirect losses arising from ordinary contract performance or reasonable delay.

This limitation does not apply where applicable law prohibits limitation.

111. LIMITATION OF LIABILITY

To the fullest extent permitted by law, SG's liability for an ordinary contract claim arising from a specific portion of work shall be limited to damages legally attributable to SG's breach and shall not exceed applicable limits enforceable under Utah law.

Nothing in the Agreement limits liability that cannot legally be limited, including liability where exclusion would violate applicable law.

112. NEGLIGENCE

Nothing in the Agreement releases SG from responsibility for SG's negligence to the extent Utah law prohibits such a release.

Likewise, SG is not responsible for damage caused by Customer's negligence or that of persons under Customer's control.

113. CUSTOMER INDEMNIFICATION

To the extent permitted by applicable law, Customer shall indemnify and hold SG harmless from third-party claims to the extent caused by Customer's negligence, Customer's intentional misconduct, Customer's breach, incorrect property-line information supplied by Customer, undisclosed private utilities, Customer-controlled unsafe conditions, Customer's violation of third-party rights, or Customer's unauthorized direction.

This clause does not require Customer to indemnify SG for SG's own negligence or other fault where prohibited by law.

114. SG RESPONSIBILITY

SG remains responsible for its own obligations and for liability that applicable law places on SG and does not permit SG to transfer or waive.

115. NO GUARANTEE OF PROPERTY VALUE

SG does not guarantee that the Project will increase Property value, produce a specific return on investment, satisfy a future buyer, meet a lender's valuation, or achieve a particular appraisal result.

116. NO GUARANTEE OF THIRD-PARTY APPROVAL

SG does not guarantee approval from HOA, city, county, inspector, engineer, lender, insurance company, neighbor, or other third party unless SG expressly guarantees the result in writing.

117. COMMERCIAL CUSTOMER PURCHASE ORDERS

For commercial projects, a Customer purchase order or procurement document is accepted solely for administrative purposes unless SG expressly agrees otherwise in writing.

Additional or conflicting Customer purchase-order terms do not amend the Agreement merely because SG receives, references, or invoices against the purchase order.

118. CUSTOMER TERMS REJECTED UNLESS EXPRESSLY ACCEPTED

Terms printed on or incorporated into Customer-generated documents are rejected to the extent they conflict with this Agreement unless an authorized SG representative expressly accepts those terms in writing.

119. TAXES AND GOVERNMENT CHARGES

Customer is responsible for applicable taxes, permit charges, governmental fees, and assessments attributable to the Project unless the Proposal states they are included.

SG shall handle such charges according to applicable tax and contracting law.

120. RECORDS

SG may maintain contracts, photos, invoices, Change Orders, payment records, supplier records, Customer communications, and Project documentation for business, tax, insurance, warranty, and legal purposes.

121. CUSTOMER COMMUNICATION

Customer shall provide SG with a current phone number, email address, and mailing address.

Customer is responsible for promptly reviewing Project communications requiring a decision.

122. NOTICES

Routine Project notices and approvals may be delivered through email, text, customer portal, electronic signature platform, or hand delivery.

Formal notices relating to cancellation, termination, breach, warranty, or dispute should be in writing and sent to the contact information stated in the Agreement.

A mandatory legal notice shall be delivered in whatever manner applicable law requires.

123. DISPUTE RESOLUTION — INITIAL MEETING

Before filing ordinary contract litigation, the parties should first attempt in good faith to resolve the dispute through direct discussion between authorized representatives.

This requirement does not prevent lien filings, statutory notices, emergency relief, collection deadlines, or other actions necessary to preserve legal rights.

124. MEDIATION

If direct discussion does not resolve a material dispute, either party may request nonbinding mediation.

Unless otherwise agreed, mediation shall occur in Utah.

The parties shall attempt to select a mutually acceptable mediator.

125. COURT PROCEEDINGS

If a dispute remains unresolved, either party may pursue available legal remedies.

The Agreement is governed by Utah law.

Unless another venue is required by applicable law, litigation concerning construction at the Property shall be brought in a Utah court having proper jurisdiction, with venue in the county where the Property is located.

126. ATTORNEY FEES

To the extent permitted by law, the prevailing party in an action to enforce or interpret the Agreement may recover reasonable attorney fees and allowable costs.

Nothing in this section overrides a statutory attorney-fee rule that applies to the dispute.

127. SMALL CLAIMS

Nothing in the mediation provisions prevents either party from using small-claims court when legally available and appropriate.

128. GOVERNING LAW

Utah law governs the Agreement without regard to conflict-of-law rules, except where federal law or another mandatory law controls.

129. SEVERABILITY

If a provision is held invalid or unenforceable, that provision shall be enforced to the maximum extent legally permissible when possible, and the remaining Agreement remains effective.

130. NON-WAIVER

Failure to immediately enforce a contractual right does not waive that right.

Acceptance of late payment, partial payment, or temporary noncompliance does not automatically waive SG's rights.

131. ASSIGNMENT

Customer may not assign the Agreement without SG's written consent, except where applicable law provides otherwise.

SG may subcontract portions of the work.

SG may assign receivable or collection rights as legally permitted.

132. SUCCESSORS

The Agreement binds the parties and their lawful successors and permitted assigns.

133. HEADINGS

Section titles are provided for convenience and do not limit the meaning of the provisions.

134. INTERPRETATION

The Agreement shall not be interpreted against either party merely because that party prepared or supplied a particular provision.

135. NO THIRD-PARTY BENEFICIARIES

Unless expressly stated otherwise, the Agreement is for the benefit of SG and Customer and does not create contractual rights in unrelated third parties.

136. SURVIVAL

Provisions that by their nature should continue after Project completion or termination survive, including provisions concerning payment, warranty, collection, dispute resolution, liability, records, indemnification, and applicable legal rights.

137. FUTURE SG SERVICES

These Terms are intentionally broad so they may continue to govern services SG adds in the future.

SG shall perform only work that SG is legally permitted and appropriately licensed to perform.

A new service may require a special addendum if SG determines different terms are appropriate or law requires them.

138. PROJECT-SPECIFIC ADDENDA

SG may attach addenda relating to particular project types including residential construction, commercial construction, insurance-funded repairs, excavation, structural work, maintenance, design services, financing, large projects, or other specialized work.

An applicable addendum becomes part of the Agreement.

139. COMPLIANCE WITH MANDATORY LAW

Nothing in this Agreement is intended to waive a consumer protection, warranty, cancellation right, lien right, payment right, safety requirement, or other legal right that applicable law prohibits a party from waiving.

If mandatory law conflicts with this Agreement, mandatory law controls only to the extent necessary.

140. CUSTOMER ACKNOWLEDGMENT

By accepting the Proposal, Customer acknowledges that Customer:

- Has reviewed the Proposal;

- Has reviewed these Master Project Terms and Conditions;

- Understands the scope of work;

- Understands exclusions;

- Understands the payment requirements;

- Understands that changes may affect price and schedule;

- Has had an opportunity to ask questions;

- Has authority to authorize the Project;

- Has disclosed material site information;

- Agrees to provide reasonable access;

- Agrees to timely make selections and payments; and

- Has received or will receive applicable legally required notices.

PROJECT-SPECIFIC DOCUMENTS

The applicable SG Landscaping Proposal should identify, as applicable, the project address, scope, materials, dimensions, quantities, allowances, exclusions, price, deposit, payment schedule, estimated schedule, warranty variations, and project-specific assumptions.

Any approved Change Order becomes part of the Agreement and may modify scope, price, materials, or schedule.

Where applicable, SG may also use a preconstruction customer acknowledgment, substantial completion/punch-list form, warranty/care acknowledgment, and legally required residential or statutory notices.

FINAL ACKNOWLEDGMENT

These Master Project Terms and Conditions establish the general legal and commercial terms governing SG Landscaping projects.

The specific Proposal determines what SG Landscaping has agreed to build, install, repair, remove, maintain, or otherwise provide.

Project-specific Change Orders, Addenda, and mandatory notices modify these Terms only for the applicable Project.

Questions about these terms? Email info@sglandscapingutah.com or call (801) 923-8076.