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Terms & Conditions

Last updated: 05/06/2025

Terms & Conditions

1. Estimate Basis & Change Orders

  • All estimates are based on an initial site visit and the scope described by the client.
  • If additional work or materials are required once the project has started, a written change order will be issued and must be signed within 2 business days to avoid delays.
  • Any verbal agreements or special requests not listed in the written estimate will not be honored unless documented via change order.
  • The quoted price reflects current material costs and market conditions. Pricing and scheduling are subject to change due to project delays, regulatory actions, or unforeseen conditions.

2. Scope Limitation

  • Only work explicitly stated in the written estimate will be performed.
  • No verbal commitments or assumptions outside the scope of work will be executed unless included in a signed change order.

3. Special Requests & Overtime

  • Any “below-the-invoice” direction, last-minute additions, or customer-directed scope changes will be added to the final invoice.
  • Additional labor is billed as follows:
    • General labor: $95/hr per employee
    • Hardscape, lighting, irrigation: $120/hr per employee
    • Marine services, lift or dock installation: $150/hr per employee

4. Liability & Pre-Existing Conditions

  • We make all reasonable efforts to avoid damage to lawns, landscaping, irrigation, and underground utilities.
  • We are not responsible for pre-existing damage to turf, sprinklers, or cables.
  • Repairs will only be made for items explicitly listed in the estimate.

5. Permitting

  • Unless permit fees are listed on your estimate, the homeowner is responsible for pulling all permits as an Owner/Builder.
  • If the homeowner pulls their own permits, they accept full responsibility for ensuring code compliance.
  • If code violations occur due to incorrect permitting or scope outside of code, any corrections required will be billed to the homeowner.
  • Our permit fees only include administrative processing. Additional services such as engineering, ladders, no-swim signage, or safety accessories will be invoiced as needed.
    • Additional permit-related work is billed at $120/hr per employee, plus materials.

6. Title & Ownership

  • All materials and equipment remain the property of Overall Outdoor & Marine Services until paid in full.
  • We reserve the right to reclaim or remove unpaid equipment or materials.

7. Collection & Lien Rights

  • If payment is referred to collections or legal representation, you are responsible for all collection costs, including reasonable attorney fees.
  • Overall Outdoor & Marine Services reserves the right to file a lien on your property for any unpaid balances.

8. Owner Responsibilities

  • You must provide free and clear access to utilities (water, light, electricity), and ensure the site is accessible during normal work hours.
  • If furniture, potted plants, or personal belongings obstruct the work area, we are not responsible for damage or relocation.
  • If you terminate the project early, you are responsible for payment of any materials ordered and labor completed.
  • All cancellations must be submitted in writing.

9. Subsoil Conditions

  • If we encounter rock or unforeseen conditions beneath the soil, we will notify the client and provide a cost estimate.
  • Rock punching or core drilling is billed at $500/pile, plus $120/hr per employee and materials for bracing if required.

10. Force Majeure & Governing Law

  • We are not liable for delays due to weather, labor shortages, civil unrest, Acts of God, or government restrictions.
  • This contract is governed by the laws of the State of Florida.
  • Any legal disputes shall be resolved in the courts located in the state and county of our business.

Payment Terms

Projects Over $5,000

  • Deposit: 50% due at signing to secure your place in the schedule.
  • Progress Payment: 25% due when materials arrive on-site.
  • Final Payment: 25% due upon substantial completion.
  • Permit Retainer: If applicable, 5% may be withheld until permits are closed.

Projects Under $5,000

  • Deposit: 50% due at signing.
  • Final Payment: 50% due at completion.

Late Fees

  • Payments not made within 10 days of final invoice will accrue 1.5% monthly interest (18% annually).
  • Returned check or failed payment attempts may be subject to bank fees and processing costs.

Limited Warranty Summary

General Terms

  • Warranties begin on the date of install, not the contract date or completion date.
  • You must notify us in writing (email or letter) of warranty claims within the valid warranty period.
  • Materials are covered by the manufacturer’s warranty.
  • Labor for non-warranty work or adjustments outside our original scope will be billed per section rates.

Outdoor Services Warranty

Hardscape (Pavers, Fire Pits, Pathways)

  • 1-year warranty on materials (100% of wholesale price).
  • Manufacturer defects: Labor billed at $120/hr per employee.
  • Settling, underwashing, or weight-related issues: Discounted labor rates apply.

Woodwork

  • 1-year workmanship warranty.
  • Does not cover warping or natural discoloration.

Drainage Systems

  • 1-year workmanship and materials.
  • Performance not guaranteed under extreme water or soil conditions.

Irrigation

  • 1-year parts & labor (manufacturer’s coverage).
  • Labor: $120/hr for repairs due to poor water pressure, vandalism, or Acts of God.

Landscape Lighting

  • 1-year workmanship.
  • Excludes bulbs, cut wires, or damaged fixtures.
  • Repairs billed at $120/hr + $120 call-out fee.

Plants & Trees

  • One-time replacement, 100% of wholesale cost, within 5 years.
  • Labor for replacements billed at $65/hr per tech, including travel.
  • Warranty void if: No automatic irrigation, improper care, or unapproved chemical use.

Water Features

  • 1-year workmanship (requires proper maintenance).
  • Manufacturer warranty on equipment. 

Marine Services Warranty

Pilings

  • $500/pile for rock punching if required.
  • If customer opts out of spike or bracing, no warranty or liability is accepted.

Docks & Decks

  • Built to follow seawall curvature and best practices.
  • Natural warping of marine lumber is not covered.

Lifts

  • No warranty on homeowner-provided lifts or used equipment.
  • New lifts: Manufacturer warranty only. Labor billed at $150/hr for servicing.

Dispute Resolution & Public Commentary

Mediation & Waiver of Jury Trial

  • All disputes first go to non-binding mediation within the county of our business.
  • If unresolved, parties agree to waive jury trial and proceed in Florida courts.

Reputation Protection

  • False, misleading, or defamatory statements causing reputational harm may result in legal action for damages.

Thank you for choosing Overall Outdoor & Marine Services. We stand behind our work and are committed to transparent, quality service.

Messaging Terms & Conditions

Overall Outdoor Services

5940 Youngquist Rd, Fort Myers FL 33912-2231
Fort Myers FL US 339122231

General

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from Overall Outdoor Services. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with Overall Outdoor Services. Overall Outdoor Services reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Overall Outdoor Services also reserves the right to change the short code or phone number or alphanumeric sender where messages are sent

Your usual message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your mobile provider. Your mobile provider is not liable for delayed or undelivered messages.

Your consent to receive marketing messages is not a condition of purchase.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation

Messages will provide instructions to unsubscribe either by texting STOP or through an included link. After you unsubscribe, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Overall Outdoor Services again, just sign up as you did the first time and Overall Outdoor Services will start sending messages to you again.

Info

For support regarding our services, email us at [email protected] or, if supported, text “HELP” to 2393222661 at any time and we will respond with instructions on how to unsubscribe. If we include a link in messages we send you from Overall Outdoor Services, you may also access instructions on how to unsubscribe and our company information by following that link. 

Transfer of Number

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at [email protected]. The duty to inform us based on the above events is a condition of using this service to receive messages. 

Privacy

If you have any questions about your data or our privacy practices, please visit our https://overalloutdoorservices.com/privacy-policy/.

Messaging Terms Changes

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. If you do not agree to a change to these Messaging Terms, you should cancel your enrollment with our messaging program. Your continued enrollment following such changes shall constitute your acceptance of such changes.