List of sections: 

• General Provisions
• Terms
• Sprinkler Project Specific Provisions 
• Drain Project Specific Provisions 
• General Service Agreement Provisions (associated with all T&M work)
• Contact info and signed approval to schedule the project 

General Provisions: 

• Price assumes entire work area is clear of construction materials not related to Rain Pros project
• Price assumes entire work area is clear of excrement  
• Price assumes grass has been mowed within 3 days of start date for the best clean up results. 
• All work 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 expense 
• All unforeseen work required to complete the above scope will be executed with verbal approval being billed as a change order request.  A maximum of 2 hour's 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   
• Any constraints that impede Rain Pros scheduling, site access, or plan of work will result in a change order.  
• Examples of constraints that may result in a change order include but not limited to;
  • Sound constraints
  • Additional paperwork requirements not provided prior to a proper estimate being produced that requires submission of documentation to third parties
  • Requests or requirements that alter the scope of work or change the materials required
  • Any request or requirement altering the estimated project completion date
• 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 

Terms: 

• Project Progress Payments:  

• • 50% down payment due on or before the project start date, 40% due upon significant completion and removal of all tool's 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 orders requested will be billed at $129 per man hour and include cost plus 15% on any additional materials with a 1-hour minimum billed 
• Prices guaranteed for 60 days from the time of estimate 
• Price assumes payment by check, 3.4% credit card processing fees will apply 
• $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 5 business days of the start date subject to a 10% fee 
• 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 

 Exclusions: 

• Waiving installation of a master valve absolves Rain Pros from any liability pertaining to excess water bills from mainline leaks. 

Sprinkler Assumptions: 

• 1” or 1.25” Poly or Galvanized Mainline available at the meter or foundation wall and water meter is in proper functioning order 
• Price assumes adequate water pressure and flow 
• There are no underground obstructions that alter the design 
• Sufficient Wifi signal strength 

Sprinkler Warranty: 

• No warranty 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, excluding controller and backflow device(double check valve)
• Sprinkler warranties can transfer with the ownership of the house up to 12 months from the original install date. Transferred warranties will terminate after 12 months from initial project date install.   

Drainage Project Specific Provisions 

Drainage Provisions: 

• 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) 

Drainage Assumptions: 

• There are no underground obstructions that alter the design 
• Existing drainage system is functioning properly, if/when applicable 
• Electronics, furniture and irreplaceable possessions have been pre-covered or removed from the serviced area when applicable 
• 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 

Drainage Warranty: 

• 1-year guarantee against defects in materials and craftsmanship 
• Lifetime warranty with continuous enrollment in ProCare annual drain maintenance service by Rain Pros 
• Standard manufacture warranty will apply to any electrical features such as but not limited to sump pumps, battery back up and high water alarm
• Drainage warranties can transfer with the ownership of the house up to 60 months. Transferred warranties will terminate after 60 months from initial project date install. 

Landscape Warranty: 

• Plants/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 

Exclusions: 

• Unless otherwise notes 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; however, Rain Pros and its subcontractors and suppliers are not responsible for damage to the driveway resulting from the movement and delivery of equipment, supplies, or materials. 
• Price does not include the cost of any permitting 

General Service Agreement 

General Provisions 

• 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 destination fee. 
• Final 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 are provided as a courtesy. 
• 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 will be considered a part of this agreement. 
• All work will be performed in a professional workman like manner with appropriate safety equipment provided. 
• All Rain Pros standard materials and practices if not specified will be followed, deviations may incur additional expense. 
• We reserve the right to refuse service to anyone without providing a reason 
• Claims reported to Rain Pros and scheduled as warranty repair, will be billed as a diagnostic visit at our standard rates, in the event it is determined out of warranty. 
• Clients who require a ferry to access their property will be billed the cost of the ferry ride on the final invoice 
• If a senior service tech is required for initial visit and or was requested through referral, Rain Pros will bill $129/hr, in addition to our standard rates. 
• Rain pros will bill 1 administrative hour per accumulative 14 tech hours in a single visit, can be waived at managements discretion. 

Scheduling Provisions: 

• Communication regarding scheduling will be done through our service coordinator or the service manager, calls to a service tech will be redirected back to the service coordinator.  
• It is the responsibility of the Customer to provide access codes, when applicable, in addition to maintaining current contact info with Rain Pros. Any wait time at gates will be billed at our standard rates.  
• Rain Pros will wait 15 minutes to gain access, if unsuccessful the visit must be rescheduled and a reschedule fee of $65 will be billed.   
• Every effort will be made 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 typically 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 of 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. 

Preventative Maintenance Provisions: 

SSU/ Summer Tune 

• In order to receive a summer tune from rain pros you must have had a SSU completed in spring. 

Winterization 

• Rain Pro provides winterizations on a good faith basis. We assume no liability for freeze damage more than 30 days from the time of service. 

Drain Maintenance 

• Prior to any Drain Maintenance service, Rain Pros has given your system a clean bill of health during a previous drain maintenance visit, a previous drain inspection visit, and or the system has been built by Rain Pros in the last 12 months and confirmed the system now just required upkeep. 

Payment Terms: 

• Payment is due at the time of service  
• Payment can be given directly to the service technicians on site, physically mailed, submitted via credit card or ACH transfer from the emailed copy of the invoice. 
• Credit card payments are accepted with no convenience fee. 
• $40 late fee will be assessed 5 business days after the digital copy has been sent plus 1% per month interest will accrue from original due date. 
• HOA's and property managers have net 30 days 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 original due date. 
• 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. 

Warranty: 

• All materials and craftsmanship are warrantied 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.   

Severability: 

• 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. 

Waiver: 

• 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. 

Entire Agreement: 

• It is agreed that there is no representation, warranty, or condition affecting this agreement except as expressly provided in this agreement. 

Limited Liability: 

• 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.  

Acknowledgment and approval: