NxGen Outdoors Terms and Conditions

These Terms apply to every proposal, quote and project from ProTurf Lawn Maintenance, LLC, doing business as NxGen Outdoors ("NxGen," "we," "us"). When you sign or approve a quote, you (the "Customer") agree to these Terms. The signed quote, these Terms and any signed Change Orders make up the entire agreement (the "Agreement").

1. Notice to Owner (Missouri)

NOTICE TO OWNER: FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.

2. Scope of Work

We complete only the work written in the signed quote. Anything not listed is not included.
Designs, plans and 3D renderings are conceptual. Final layout may shift to fit actual site conditions. We will tell you before any major change.
We may use qualified subcontractors for parts of the work. NxGen stays responsible for paying them and for the quality of the finished project.

3. Payment Terms

Projects under $10,000

30% at signing
30% on the first day of work
40% at project completion

Projects $10,000 and over

30% at signing
30% on the first day of work
30% after excavation, before hardscape installation
10% after the punch list is complete

General

We accept check, bank transfer (ACH) and card. Credit card payments carry a 3% processing fee.
Payments are due on receipt of invoice. We may pause work if a payment is more than 7 days late. The completion date moves back one day for each day of payment delay.
Unpaid balances over 30 days accrue interest at 1.5% per month (18% per year), plus reasonable collection costs.
Warranties take effect only when the project is paid in full.

4. Proposal Pricing

Quotes are valid for 30 days from the date sent.
If a manufacturer or supplier raises prices before your materials are ordered, we may adjust the price. We will show you the increase in writing before ordering.

5. Change Orders

Any change to the scope, materials or price needs a written Change Order signed by both of us before the work is done.
Change Orders carry an administrative fee of $150 or 10% of the change, whichever is greater.
Changes may move the schedule.

6. Scheduling and Weather

Start dates are estimates. Weather, wet ground, material delivery, permits and earlier projects can move them.
We do not work in conditions that would hurt the quality of the install, such as saturated soil or frozen base.
We are not responsible for delays outside our control.

7. Cancellation

If you signed this Agreement in your home, you may cancel within 3 business days of signing for a full refund. Send written notice (email is fine) to Mark@nxgenoutdoors.com.
After that, your deposit covers design time, scheduling and materials already ordered. Special-order or custom-cut materials cannot be returned. Stock materials may carry the supplier's restocking fee.
Any deposit balance not used for these costs is refunded within 30 days.

8. Customer Responsibilities

Utilities: We call Missouri One Call (811) before digging. You must tell us about any private lines the utility companies do not mark, such as irrigation, invisible pet fence, low-voltage lighting, gas grill lines, septic, or wiring to sheds and pools. We are not responsible for damage to private lines you did not disclose.
Property lines: You are responsible for knowing your property lines. If a boundary is unclear, a survey is your responsibility. We are not responsible for encroachments.
Permits and HOA: You are responsible for HOA approval and city or county permits unless the quote says we will obtain them.
Access: Provide clear access for crews and equipment, working water and electric, and keep pets and children out of the work area.

9. Site Conditions and Access

Heavy equipment may cause wear to driveways, lawns and turf along the access route. We take care to limit it, but we are not responsible for cracking or damage to concrete, asphalt or pavers from normal equipment access.
Lawn repair along access routes is limited to rough grading with existing soil. Topsoil, seed and sod are not included unless quoted.
Hidden conditions (rock, buried debris, old foundations, poor soil, unmarked utilities, high water table) may require extra labor, equipment or disposal. We will stop and give you a Change Order before continuing.
Construction creates dust. Cleaning of homes, windows and vehicles, including neighbors', is not included.

10. What Is Not Included (unless listed in the quote)

Painting, staining or sealing
Finish grading, topsoil, seed, sod or lawn renovation
Repair or relocation of existing irrigation in the work area
Licensed engineering or soil testing
Electrical (other than low-voltage lighting), plumbing or gas work
Site surveys or property line staking
Permits and HOA applications

11. Materials

Natural stone and concrete pavers vary in color, texture and size from batch to batch. Efflorescence (white haze) is natural and fades over time. Samples and photos may not match the finished project exactly.
Concrete may develop hairline cracks. Color matching between pours is not guaranteed. Smooth finishes can be slippery when wet.
Wood: Pressure-treated, cedar and ipe can warp, check and crack. This is normal.
Metal that is not galvanized or powder-coated may rust.
Once you approve a material, the cost of changing it after order or installation is yours.
If you choose a material we advise against, we will tell you in writing, and the warranty on that item may be limited or void.

12. Drainage

Drainage work improves how water moves on your property. Because rainfall and neighboring properties are outside our control, we cannot guarantee that water problems will be fully solved.
If your property sits at a low point, we may recommend an engineer or topographic survey at your cost before designing a solution.
You have the right to hire a professional engineer before we design or install drainage.

13. Punch List and Completion

At the end of the project we walk through the work with you and agree on a written punch list of any open items.
For projects $10,000 and over, the 90% progress payments must be made before the walkthrough. The final 10% is due when the punch list is complete.
For projects under $10,000, the final 40% is due at completion. Punch list items are finished promptly after.

14. Warranties

All warranties start on the project completion date, require payment in full, and cover only work installed by NxGen. They do not cover damage from weather events (flood, tornado, hail, ice), animals, vehicles, misuse, neglect, improper maintenance, chemicals, or changes made by others. To make a claim, contact us in writing within the warranty period. We decide the best repair method.

Hardscape: 2-year workmanship repair warranty

Covers retaining walls, paver patios, walkways, steps, fire features and outdoor kitchens we install.
Covered: structural failure, tilting or leaning walls, sinking or shifting pavers, and joints widening from settlement or water pressure.
Not covered: chips or cracks in units after install, polymeric sand top-up, sealing, efflorescence, or stains.
Manufacturer product warranties: Unilock, Techo-Bloc and Keystone products carry their own manufacturer warranties. As a certified installer, we will help you file a product claim.

Landscape lighting: 2-year labor warranty

Covers wiring, connections, transformer installation and fixture installation.
Dauer Manufacturing fixtures carry their own manufacturer warranty: lifetime on brass and copper fixtures for drop-in lamps, 10 years on integrated LED fixtures, and 5 years on integrated submersibles and Dauer LED drop-in lamps. We handle warranty claims with Dauer for you.
Not covered: our labor to swap lamps or fixtures after the 2-year labor period, damage from mowers, edgers, aeration, digging or pets, and timer or photocell resets.

Drainage: 1-year workmanship warranty

Covers the installation: pipe connections, catch basins, pop-up emitters, and grade we set.
Not covered: performance during extreme weather, blockage from leaves, roots, soil or debris, damage from other contractors, and outcomes of grading or water coming from neighboring properties.
Regular cleaning of grates, emitters and downspout connections is the Customer's responsibility.

Plants: 1-year one-time replacement

We replace any tree, shrub or perennial we installed that dies completely within 1 year. Plants with green or new growth are not dead.
One replacement trip per property. That trip completes the warranty.
If the same plant is unavailable, we will offer a similar substitute for your approval, or refund the plant's material cost.
You must water properly for the full year. Applying any herbicide, pre-emergent, fertilizer or pest control without our approval voids the warranty.
Not covered: transplanted plants, annuals, theft, animal damage (deer, rabbits, pets), or extreme weather.

15. Photos

We may photograph or video the project for our portfolio, website and social media. We never publish your name or street address without permission. Email us if you would rather we not share your project.

16. Insurance

NxGen carries general liability and workers' compensation insurance. Certificates of insurance are available on request.

17. Legal

This Agreement is governed by Missouri law. Any dispute will be heard in the courts of St. Charles County, Missouri.
If NxGen must take legal action to collect payment or enforce this Agreement, the Customer agrees to pay NxGen's reasonable attorney's fees and costs.
Changes to this Agreement must be in writing and signed by both parties. It binds both parties and their heirs, successors and assigns.
If any part of these Terms is found unenforceable, the rest stays in effect.

NxGen Outdoors · 5957 Highway N, Cottleville, MO 63304 · (636) 565-3101 · nxgenoutdoors.com