List of sections:
- General Provisions (Applies to all projects installed by Rain Pros)
- Sprinkler Project Specific Provisions (Applicable if building a sprinkler)
- Drain Project Specific Provisions (Applicable if building a drain)
- Service Agreement (Applicable after project completion)
- Entire Contract Provisions (Applies to all sections of the agreement)
- Contact info and signed approval to schedule the project.
General Provisions (Applies to all projects installed by Rain Pros)
- Price assumes the entire work area is clear of construction materials not related to Rain Pros project.
- Please mow the grass within 3 days of the start date for the best clean-up results, with notice we can mow the grass on arrival as a change order.
- All work is performed in a professional workmanlike manner with appropriate safety equipment provided.
- All Rain Pros standard materials and installation practices, if not specified in the scope of work provided, will be followed. Deviations may incur additional expenses.
- All unforeseen work required to complete the project will be executed with verbal approval, being billed as a change order request. A maximum of 2 hours' notice will be given for approval to proceed with unforeseen work that creates a work stoppage or when additional waiting would cause the expected completion date to be delayed.
- Constraints that impede Rain Pros scheduling, site access, or plan of work will result in a change order.
- Sound constraints, additional paperwork requirements not provided prior to the estimate that requires submission of documentation to 3rd parties or that alters the scope of work or changes the materials required will result in a change order.
- Change orders that alter the initial expected completion will result in a fee of $300 if continuous work is requested, the fee can be waived by scheduling the completion on the next available open day.
- Projects put on hold during construction, at the customer's request, will be billed $300 per occurrence.
- Project Progress Payments:
- 50% down payment due on or before the project start date. 40% due upon completion and removal of all tools, equipment, and garbage. Final 10% due upon completion of punch list requests made within 15 days of initial completion.
- All verbal, written, or email change order requests will be billed at $129 per man-hour and include cost plus 15% on any additional materials with a 1-hour minimum billed.
- Prices are guaranteed for 60 days from the time of estimate.
- Price assumes payment by ACH transfer or check, 3.4% credit card processing fees will apply.
- No interest and low-interest financing are available.
- A $40 late fee will be assessed 5 days after the due date plus 2.5% per month interest will accrue from the original due date.
- Projects canceled within 7 days of the start date are subject to a 10% fee.
- The actual zone count may vary based on decisions made during the final design actual price will not change.
- In the event of litigation or a referral to a collection agency regarding this contract, the prevailing party shall collect all associated expenses and reasonable attorney’s fees, not less than 30% of the original contract amount.
Sprinkler Project-Specific Provisions
This only applies to sprinkler projects, skip to drains if no sprinkler installation is included in the bid.
- Waiving the installation of a master valve absolves Rain Pros from any liability pertaining to excess water bills from mainline leaks.
- 3/4” or 1” Poly, Galvanized, or Pex mainline is available at the meter or foundation wall and the water meter is in proper functioning order.
- Price assumes adequate water pressure and flow.
- There are no underground obstructions that alter the design.
- Sufficient Wi-Fi signal strength
- No warranty is offered on drip and micro-spray zones.
- 1-year warranty against defects in materials and craftsmanship if Rain Pros provides your 1st year spring start-up and winterization.
- Continuous ProCare Pro or Sprinkler package enrollment is required to extend the warranty of labor and materials up to 5 years at the completion of the project date.
- Sprinkler warranties can transfer with the ownership of the house up to 12 months from the original install date.
Drainage Project-Specific Provisions
This only applies to drainage projects, skip to the next section if there is no drainage installation included in the bid.
- Temporary pump pits and shoring may be required and will be billed as a change order, placing the project on hold in these instances will not be billed the hold fee.
- Price assumes all electrical work provided by the client (existing)
- There are no underground obstructions that alter the design.
- The existing drainage system has been deemed functioning properly, if/when applicable.
- Electronics, furniture, and irreplaceable items have been pre-covered or removed from the serviced area when applicable.
- The concrete slab thickness is 3-4” thick and does not contain rebar, house footing is not greater than 4 inches wide measured from the foundation stem wall.
- All central air systems are deactivated during the construction of interior drainage systems.
- 1-year guarantee against defects in materials and craftsmanship
- Lifetime warranty with continuous enrollment in ProCare annual drain maintenance service by Rain Pros
- Drainage warranties can transfer with the ownership of the house for up to 60 months.
- Lawn - 6-month repair service except in cases of over/under watering and acts out of Rain Pros control
- Retaining Walls/Patios- 1-year repair service except in cases outside Rain Pros control
- Plants – 2-month replacement service except in cases of over/under watering and acts out of Rain Pros control.
- Unless otherwise noted this proposal does not include the removal of excess soil, rock, roots, or branches caused by the project installation. The minimum dump fee is $185.00.
- Every effort will be made to protect the driveway, hardscapes, and walkways, however, Rain Pros and its subcontractors and suppliers are not responsible for damage resulting from the movement and delivery of equipment, supplies, or materials.
- The price does not include the cost of any permit.
Service Department Agreement
This section applies after the total completion of the project when subsequent support is provided by our service department.
- Work provided by the service department under a warranty request will be reflected in the system as a $0 visit.
- All work will be performed in a professional workmanlike manner with appropriate safety equipment provided.
- Our service department bills on a time and materials (T&M) basis.
- Published standard service rates will apply for all service requests with a 1-hour minimum plus a destination fee.
- Service invoices will reflect actual man-hours needed and materials used. Rain Pros, Inc. cannot make any guarantee of the accuracy of T&M estimates or budget requests. Estimates and budget requests for service are provided as a courtesy.
- T&M estimates and budget requests may not be sufficient to correct all issues or even potentially identify all problems. However, we will not exceed the budget without prior consent and payment is due for progress made.
- Verbal approval to proceed with work that will result in billing above the original T&M estimate or budget request will be considered a part of this agreement.
- All Rain Pros standard materials and practices, if not specified, will be followed. Deviations may incur additional expenses.
- We reserve the right to refuse service.
- Claims reported to Rain Pros and scheduled as warranty repair, will be billed as a standard visit at our standard rates, in the event it is determined to be an out-of-warranty repair or not related to a project that is under warranty.
- Clients who require a ferry to access their property will be billed the cost of the ferry ride on the final invoice.
- The contact information provided in this agreement will be used to confirm appointments. A new form needs to be submitted to permanently update the system with the desired phone number and email for confirmation.
- Communication regarding scheduling will be done through our service coordinator or the service manager, calls to a service tech regarding scheduling will be redirected back to the service coordinator.
- It is the responsibility of the client to provide access codes, when applicable, in addition to maintaining updated contact info with Rain Pros. Any wait time at the gates will be billed at our standard rates.
- Rain Pros will wait 15 minutes to gain access, if unsuccessful and the visit must be rescheduled and a rescheduled fee of $65 will be billed.
- Every effort will be made to accommodate scheduling preferences within a rebate period, but no guarantee can be made.
- We schedule visits with a 4-hour window of arrival, and we will email and text 3-7 days in advance.
- If you know you need to be home during the service call and are not available, a 1-hour standard service call rate will be billed. The subsequent rescheduled visit will be billed separately.
- Cancelations within 48 hours of a scheduled visit will result in a 10% fee off the projected budget for the planned work.
- Greater than 2 rescheduled appointments will result in a $50 deposit being required to reschedule, for each additional rescheduled appointment. Missed appointments will forfeit the deposit.
Annual Maintenance Provisions:
Spring Start-Up/ Summer Tune Up
- To receive a summer tune from Rain Pros you must have had a spring start-up completed by us in spring.
- Rain Pro provides winterizations on a good-faith basis. We assume no liability for freeze damage.
Payment Terms For Service Visits:
- Payment is due at the time of service.
- Payment can be physically mailed, or submitted via credit card or ACH transfer from the emailed copy of the invoice.
- Credit card payments are accepted with no convenience fee.
- A $40 late fee will be assessed 5 business days after the digital copy has been sent plus 1% per month interest will accrue from the original due date.
- HOAs and property managers are offered N30 from the time of the digital delivery for payment to be received before a late fee of $40 will be assessed plus 1% per month interest will accrue from the original due date. Unless prior arrangements have been made.
- In the event of litigation or a referral to a collection agency regarding this contract, the prevailing party shall collect all associated expenses and reasonable attorney’s fees, not less than 36% of the original contract amount.
Service Department Warranty:
- All materials and craftsmanship are warranted for 30 days from the day of service, excluding drip zones and associated materials, which do not have any warranty.
- Follow-up visits after 30 days will be billed as a separate request.
- If any of the provisions of this agreement are held to be invalid or unenforceable in the whole or part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement.
- The waiver by either party of any provision will not be construed as a waiver of any subsequent violations of the same or other provisions.
- It is agreed that there is no representation, warranty, or condition affecting this agreement except as expressly provided in this agreement.
- In recognition of the relative risks and benefits of the project to both the client and Rain Pros, the risks have been allocated such that the client agrees, to the fullest extent permitted by law, to limit the liability of Rain Pros for any claims, losses, costs, damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees, so that the total aggregate liability of Rain Pros shall not exceed the amount of the total cost of the total fee for services rendered on the Project.
- It is intended that this limitation applies to any liability or cause of action however alleged or arising unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract, or equity.