Better View provides the following specific warranties in addition to the general warranty provided in Paragraph 4 of the Terms and Conditions. All Better View warranties are conditioned upon and shall not be valid or effective unless and until Owner makes full payment under the Contract.
- Universal Exceptions to Special Warranties. Better View warranties do not apply if damage is caused by abuse or failure to follow contractor and/or manufacturer instructions for winter and summer care.
- Equipment: Better View does not warrant equipment, but instead will provide all manufacturer warranties on such equipment to Customer and shall provide reasonable assistance to customer in making claims against the manufacturer. If the manufacturer’s warranty provides for replacement of such equipment, Better View shall provide labor, tools, etc. . . to remove and replace Equipment under manufacturer’s warranty at no charge within the one year after final day of installation. Vista Pro shall not be otherwise responsible for equipment that fails after installation is complete. Better View’s warranty does not cover items that may be damaged due to freezing or overheating. Please ask contractor or manufacturer for instructions on winter and summer care of equipment.
Paver and Wall
- Brick paver and Segmental Wall installation: Better View shall repair or replace bricks pavers and segmental walls from settling, heaving, and cracking for 1 year after the day of completion, except that Owner shall be responsible for weeding and Better View shall not be responsible for damage caused by plants and other acts outside normal ware and tear during the one year period
Plant
- Plant installations: Plants are warranted for one year against disease, fungi or improper installation. Better View’s warranty shall be voided if the Owner does not properly water or care for such Plants. Refer to sod care package.
Pond
- Pond Installations: Ponds will be repaired for one year after final day of installation. This warranty includes leaks due to installation, settling or possible puncture to liner caused by installation. This warranty does not cover punctures in liner or settling of stones caused by animals, trees or otherwise caused by the Owner or his/her guests or invitees or acts of God.
Pool Waterfall
- Pool Waterfalls: Better View warrants pool waterfalls against settling and water leaking due to stones along the side of the waterfall allowing water to run out for a period of one year from installation. This warranty is limited to repair or replacement of the settled or leaking stones and the mortar between them. Due to the nature of natural stone and concrete products a pool waterfall is not 100% waterproof. Every step will be taken to prevent any water loss.
Sod
- Sod Guarantee – sod will be guaranteed to be living and viable when installed. Sod will only be warrantied in first 48 hours after installation as long as it is properly watered and cared for. Refer to sod care package.
Drainage
- Drainage: Better View guarantees that all water will drain away from landscaped and hardscaped areas, and there will be no standing water after a 24 hour period after rain has stopped. We do not guarantee that the ground will be completely dry. This warranty does not apply in the event of a flood or rain from a named storm.
Pond & Pondless waterfalls
- Waterfalls: Better View warrants waterfalls against settling and water leaking due to liner edge folding or falling over for a period of one year from final installation. This warranty is limited to repair or replacement of the liner edge. Better View will not guarantee that water level will be maintained for a continuous period of time due to splash effects and increase evaporation caused by waterfalls.
Warranty and Tolerances
- Payments Received: The Warranty for the contract is only valid if payment is received in full on acceptance of the work.
- Diligence: the Contractor agrees to carry out its Work diligently and to provide sufficient supervision and inspection of its staff and subcontractors and that it’s work will be of proper and professional quality, and in full conformity with the requirements of the contract.
- Competence: the Contractor warrants that it is competent to perform the Work and that it has the necessary qualifications including knowledge and skill with the ability to use them effectively.
- Site Unknowns: It is the responsibility of the Client or the Client’s Representative to fully inform the Contractor of all the information regarding site unknowns that may include difficult buried materials, cables, and pipes, tree stumps, drainage or water table issues, rock and shale sub-surfaces and/or other impediments, issues or factors that could otherwise impact the quality, cost and timeliness of project completion. Failure to notify the Contractor may lead to additional costs to the Client (at the Contractor’s discretion) and schedule time not included in the Quotation in Schedule 1, and may require changes in design and construction to overcome such problems – all for which the Client will be responsible. Client can avoid such risks by permitting the Contractor to do appropriate soil and ground tests, review the site, and to secure additional required site information from appropriate government and other authorities. The cost(s) of such additional work is not included in the Quotation in Proposal unless noted.
- Damaged Utilities: Should damage occur to utilities during construction, the Contractor is only liable for the cost of the repair. the Contractor is not liable in any way for inconvenience to the Client caused by damage to the utilities.
- Damage to neighbors buried utilities, on the Client’s property, are the responsibility of the Client.
- Building/Window/Vehicle Washing: Buildings, windows, or vehicles of the Client, including neighbors, are not intended to be kept clean due to dust during Construction or Work performed by the Contractor. Any necessary cleaning due to Construction or Work by the Contractor will be the responsibility of the Client.
Material Tolerances
- Wood: Pressure treated wood cannot be guaranteed against warp age, checking, or cupping. Cedar is expected to crack especially 6X6 up to 3/8 inch gaps and the entire length of the wood. Ipe is expected to crack especially 4X4 up to 3/8 inch gaps and the entire length of the wood.
- Stone: Natural stone has color variations that vary from stone to stone. In addition, mineral deposits such as lime, iron, etc. can change the stone and even bleed. This is the nature of the product and the Client accepts this as a natural and acceptable quality of the stone.
- Metal: Metal, which is not galvanized, is not guaranteed form rusting commencing immediately after installation.
- Concrete: Spider cracks (hairline stress-fractures) are considered a normal characteristic of all types of concrete. Concrete may crack substantially over time due to proximity of tree roots. Colored concrete consistencies vary from truck to truck; therefore it is not possible to produce an exact match with pours over nine meters. The Client absolves the Contractor of liability if “smooth” concrete is the desired finish (due to slippage).
- Warranty Time Period: the Contractor warrants all construction and installation for a period of one (1) year, providing that they have been maintained properly. All construction materials are subject to manufacturer’s specific warranties/guarantees. Planting is warranted for one (1) year if there is an approved irrigation system.
- Client Responsibilities: The Client recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations in keeping with standard quality maintenance requirements in order for the Warranty to remain in affect. Failure to properly maintain materials or horticulture installations will void the warranty. Client further recognizes and agrees that damage to construction, materials, horticulture elements and other warrantable items of the project will not be warranted if the damage or loss is due to elements beyond the control of the Contractor. For example, flooding eaves troughs that damage plants, fallen branches, animal caused damage, frozen/ burst irrigation or drainage pipes that were not seasonally drained at the proper time, use of improper chemicals, improper maintenance, extreme or unusual weather conditions, and similar and/or related situations – void all warrantees provided by the Contractor.
- Use of Client Selected and Approved Substandard Materials: Client recognized and agrees that if the Client has chosen and approved the use of substandard materials for any application that the one year warranty will be void or otherwise limited in writing on those items so impacted, but will remain in affect for all other elements of the project not impacted directly or indirectly by use of substandard materials. the Contractor will notify in writing to the Client any material that the Client has selected that would negatively impact the one year warranty of the Contractor – prior to purchasing and/or installing such materials.
- Material Grades: The Client recognizes that all materials come in a range of grades of quality and finishes, and that natural materials are not perfect. Natural wood have knots, and other natural materials have variability in color due to a wide range of factors, and that sample while useful in material selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation. the Contractor shall endeavor to enable the Client to see or understand the representative range of color, surface texture, and related of all materials begin seriously considered for installation on a project, however, it will be responsibility of the Client for the final selection of those materials. Once the selection has been approved by the Client, the Client will be responsible for all costs associated with changing any given material should the Client change their mind during or after material is purchased or constructed.