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.