ONYX LANDSCAPING GROUP
1. Acceptance of Terms
These Terms & Conditions (“Terms”) govern the relationship between Onyx Landscaping Group (“Onyx,” “we,” “our,” or “us”) and the customer (“Customer,” “you,” or “your”) for landscaping, hardscaping, water-feature, irrigation, lighting, planting, maintenance, design, installation, and related services.
By requesting an estimate, approving a proposal, signing an agreement, authorizing work, paying a deposit, making a payment, or otherwise authorizing Onyx to begin or continue work, the Customer acknowledges that they have had an opportunity to review these Terms and agrees to be bound by them to the extent permitted by applicable law.
These Terms are intended to establish clear expectations for both Onyx and its customers and should be read together with the applicable proposal, estimate, contract, invoice, change order, warranty, or other written project documentation.
2. Estimates and Proposals
Onyx prepares estimates and proposals based on information reasonably available at the time of preparation.
Unless expressly stated otherwise in writing, an estimate is not a guarantee of final project cost, project duration, material availability, or specific site conditions.
Estimates may be affected by conditions discovered after work begins, changes in material costs, supplier availability, customer-requested changes, unforeseen site conditions, weather, access limitations, or other circumstances that could not reasonably have been determined during the initial estimating process.
A proposal becomes part of the project agreement when accepted by the Customer or when Onyx begins work based on the Customer's authorization.
3. Scope of Work
Onyx will perform the services specifically described in the applicable proposal, estimate, contract, or other written project documentation.
Items not specifically included in the approved scope are excluded unless subsequently authorized in writing.
Examples of potentially excluded work include, but are not limited to:
If additional work becomes necessary, Onyx may provide a change order or revised price before proceeding when reasonably practical.
4. Customer Authorization
Authorization may be provided through a signed agreement, electronic approval, email, text message, verbal authorization confirmed by Onyx, payment of an applicable deposit, or other reasonable form of project authorization.
Once authorization has been provided, Onyx may begin scheduling labor, purchasing materials, reserving equipment, coordinating subcontractors, and performing other project preparation.
The Customer is responsible for ensuring that the person providing authorization has authority to approve work and incur charges on behalf of the property owner or Customer.
5. Property Ownership and Authorization
The Customer represents that they are the property owner or have obtained appropriate authorization from the property owner to request and approve the work.
If the Customer is acting on behalf of a homeowner association, landlord, business, trust, partnership, corporation, or other entity, the Customer represents that they have authority to enter into the applicable project agreement.
Onyx may rely on representations made by the Customer regarding their authority to authorize work.
6. Deposits and Payments
Onyx may require a deposit or progress payment before ordering materials, scheduling labor, reserving equipment, engaging subcontractors, or beginning work.
Payment schedules will be established in the applicable proposal, contract, invoice, or other project documentation.
Payments are applied toward the Customer's project balance and may be used to cover labor, materials, equipment, delivery, subcontractor commitments, and other project-related expenses.
The Customer agrees to pay all amounts when due according to the applicable project agreement.
7. Late Payments and Amounts Due
Amounts not paid when due may be subject to any late charges, collection costs, interest, or other remedies specifically provided in the applicable agreement and permitted by Washington law.
If an account becomes past due, Onyx may suspend or delay further work until the account is brought current.
A project delay caused by nonpayment may affect scheduling and may result in additional mobilization, labor, delivery, storage, or other reasonable costs where permitted by the applicable agreement and law.
8. Change Orders and Additional Work
The Customer may request changes to the approved scope of work.
Changes may affect the project price, materials, labor, schedule, equipment, subcontractors, and completion date.
Onyx may require written authorization before performing additional work.
Once additional work has been authorized, the Customer is responsible for the resulting charges.
Work that must be performed because of unforeseen site conditions may also require an adjustment to the project price.
9. Unforeseen Site Conditions
Landscaping and excavation work can reveal conditions that are not reasonably visible or discoverable before work begins.
These conditions may include:
When such conditions materially affect the cost, safety, scope, or method of performing the work, Onyx may pause the affected work and notify the Customer.
Additional costs associated with addressing unforeseen conditions may be charged to the Customer when authorized or otherwise permitted under the applicable agreement and law.
10. Utilities and Underground Conditions
The Customer is responsible for informing Onyx of known private utilities, irrigation lines, septic systems, drainage systems, invisible fencing, buried structures, or other underground features located on the property.
Public utility locating does not necessarily identify private utility systems or other customer-installed infrastructure.
The Customer should provide Onyx with accurate information regarding known underground systems before excavation begins.
To the extent permitted by law, Onyx is not responsible for damage to concealed or inaccurately identified private systems that could not reasonably have been identified through ordinary inspection or locating procedures.
11. Access to the Property
The Customer agrees to provide Onyx and its employees, contractors, and subcontractors with reasonable access to the property during scheduled work hours.
The Customer is responsible for removing personal property, vehicles, furniture, toys, decorations, and other items from work areas unless otherwise agreed.
Failure to provide reasonable access may delay the project and may result in additional costs.
Onyx is not responsible for delays caused by the Customer's failure to provide access or prepare the work area as agreed.
12. Site Preparation and Existing Conditions
Onyx will make reasonable efforts to protect existing property and landscaping within the work area; however, construction and landscaping activities may result in unavoidable disturbance to surrounding areas.
Equipment, excavation, grading, hauling, demolition, digging, installation, and material delivery may affect soil, turf, vegetation, driveways, pathways, fences, and other existing surfaces.
Existing conditions that are not specifically included in the scope of work are not guaranteed to remain unchanged.
13. Materials and Material Availability
Onyx may recommend or specify particular materials based on availability, performance, appearance, durability, budget, or design requirements.
Material availability may change after a proposal is prepared.
If a specified material becomes unavailable, discontinued, delayed, or materially increases in cost, Onyx may propose a reasonably comparable alternative or revise the project price or schedule as appropriate.
Natural products such as stone, wood, plants, soil, and other landscape materials naturally vary in color, texture, size, grain, shape, and appearance.
Such natural variations are not considered defects.
14. Plants, Trees and Living Materials
Plants, trees, shrubs, sod, seed, and other living materials are subject to environmental conditions beyond Onyx's control.
Plant performance may be affected by weather, soil, drainage, watering, pests, disease, animals, temperature, maintenance, chemical exposure, and other factors.
Unless a specific written warranty is provided, Onyx does not guarantee that living materials will survive indefinitely or achieve a particular growth rate, size, color, or appearance.
Any plant warranty provided by Onyx will be governed by the specific terms of that warranty.
15. Water Features and Water Systems
Water features may require ongoing maintenance and periodic replacement of components.
The Customer is responsible for reasonable maintenance and operation after installation unless Onyx has separately agreed in writing to provide ongoing maintenance services.
Normal wear, debris, algae, mineral buildup, clogged filters, pump wear, electrical interruptions, freezing conditions, improper maintenance, and other ordinary operating conditions are not automatically considered workmanship defects.
16. Irrigation and Drainage
Irrigation and drainage systems depend on existing site conditions, water pressure, soil characteristics, grading, weather, and other factors.
Unless specifically included in the scope, Onyx does not guarantee the performance of pre-existing irrigation or drainage systems.
Additional drainage or irrigation work discovered to be necessary after work begins may require a change order or additional charge.
17. Weather and Environmental Conditions
Onyx's work may be delayed by rain, snow, freezing temperatures, excessive heat, wind, wildfire smoke, saturated soil, storms, unsafe conditions, or other environmental circumstances.
Onyx may determine that work should be postponed when conditions could reasonably create a safety concern, damage the property, compromise installation quality, or create an unreasonable risk to employees, contractors, or customers.
Weather-related delays do not automatically constitute a breach of the agreement or entitle the Customer to a refund.
18. Project Scheduling and Completion Dates
Onyx will make reasonable efforts to meet projected start and completion dates; however, project schedules may change because of weather, material availability, supplier delays, permitting, customer decisions, change orders, unforeseen site conditions, subcontractor availability, or other circumstances beyond Onyx's reasonable control.
Unless expressly guaranteed in a written agreement, projected completion dates are estimates and are not guaranteed deadlines.
19. Subcontractors and Specialized Services
Onyx may use qualified subcontractors or specialty service providers when appropriate for a project.
Subcontractors may perform services such as electrical work, plumbing, excavation, concrete work, fencing, hauling, equipment operation, or other specialized services.
The use of subcontractors does not change the Customer's obligation to pay for authorized work or project costs.
20. Customer-Requested Suspension of Work
If the Customer requests that work be paused or suspended, Onyx will make reasonable efforts to accommodate the request when practical.
A project suspension may result in additional costs, including remobilization, storage, material handling, equipment, scheduling, labor, subcontractor charges, or other reasonable expenses.
A suspension may also affect the project's anticipated completion date.
21. Cancellation
Customer cancellation is governed by the Onyx Refund, Cancellation & Project Payment Policy and any applicable project agreement.
Cancellation after Onyx has purchased materials, performed labor, scheduled resources, engaged subcontractors, or otherwise incurred project-specific costs may result in amounts being retained or charged to cover those costs to the extent permitted by the applicable agreement and law.
22. Inspection and Acceptance of Work
Upon substantial completion, the Customer should inspect the completed work and notify Onyx of any concerns as soon as reasonably possible.
Onyx will be given a reasonable opportunity to inspect and address legitimate workmanship concerns before the Customer authorizes another party to alter, repair, remove, or replace the work, except where immediate action is reasonably necessary to address a safety issue or prevent substantial property damage.
Unauthorized alterations or repairs may affect Onyx's ability to determine the cause of a problem and may affect applicable warranty rights to the extent permitted by the applicable agreement and law.
23. Warranty
Any warranty provided by Onyx will be governed by the specific written warranty applicable to the project.
Unless expressly stated otherwise in writing, warranties do not cover damage or failure resulting from misuse, neglect, improper maintenance, unauthorized modifications, third-party work, extreme weather, animals, pests, disease, normal wear and tear, or other conditions outside Onyx's reasonable control.
No oral representation shall expand a written warranty unless confirmed in writing by an authorized representative of Onyx.
24. Customer Maintenance Responsibilities
After completion, the Customer is responsible for reasonable care and maintenance of the installed landscaping, plants, water features, irrigation, lighting, and other improvements unless ongoing maintenance services have been separately contracted with Onyx.
Failure to properly maintain installed systems or living materials may result in deterioration, damage, or failure and may affect applicable warranties.
25. Design and Aesthetic Expectations
Landscape design involves aesthetic decisions and natural materials that may vary from photographs, renderings, samples, or examples.
Color, texture, plant growth, stone characteristics, water movement, lighting appearance, and other visual characteristics may vary based on actual site conditions and natural material differences.
Unless expressly guaranteed in writing, conceptual renderings and visual representations are intended to communicate design intent and may not represent the exact appearance of the completed project.
26. Photography and Documentation
Onyx may photograph or document project conditions for project management, quality control, warranty evaluation, records, and dispute resolution.
Photographs may document conditions before, during, and after construction or installation.
Use of project photographs for public marketing purposes will be handled in accordance with any applicable authorization or agreement.
27. Customer Property and Personal Items
The Customer is responsible for removing or securing valuable, fragile, sentimental, or personal items from areas where work will occur.
Onyx will exercise reasonable care but is not responsible for damage to items that the Customer failed to remove or identify when those items are located within or adjacent to the work area and could not reasonably be protected through ordinary precautions.
28. Safety and Worksite Conditions
The Customer agrees to keep children, pets, guests, and unauthorized individuals away from active work areas, equipment, excavation areas, water features under construction, and other potentially hazardous areas.
Construction areas may contain open excavations, equipment, tools, materials, uneven surfaces, electrical components, water, mud, or other hazards.
Onyx may temporarily restrict access to portions of the property when reasonably necessary for safety.
29. Customer Complaints and Disputes
Onyx values its relationship with customers and prefers to resolve concerns directly and professionally.
Customers should contact Onyx promptly when a concern arises so that the issue can be reviewed while project information and conditions are readily available.
The Customer agrees to provide Onyx with a reasonable opportunity to inspect and attempt to resolve legitimate concerns before pursuing third-party corrective work, except where immediate action is reasonably necessary to prevent substantial property damage or address an emergency.
Nothing in these Terms limits any rights or remedies that cannot legally be waived under applicable law.
30. Limitation of Responsibility
To the extent permitted by applicable law, Onyx's responsibility for a project is limited to the services and materials expressly included in the applicable project agreement.
Onyx is not responsible for conditions, defects, failures, or damages caused by circumstances outside the scope of work or outside Onyx's reasonable control, including concealed conditions, customer modifications, third-party work, improper maintenance, misuse, natural events, or failure of existing systems not installed or modified by Onyx.
Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under Washington law.
31. Indemnification
To the extent permitted by applicable law, the Customer agrees to be responsible for claims, costs, damages, or expenses arising from the Customer's unauthorized actions, failure to disclose known property conditions, unauthorized modifications to Onyx's work, or use of the property in a manner inconsistent with Onyx's instructions or the applicable project agreement.
This provision does not require the Customer to indemnify Onyx for matters that cannot legally be shifted to the Customer under applicable law.
32. Records and Communications
The Customer agrees that project-related communications, approvals, photographs, estimates, invoices, change orders, emails, text messages, and other records may be maintained by Onyx as part of the project file.
Written electronic communications may be used to document project decisions, approvals, changes, scheduling, and other matters relating to the project.
33. Entire Agreement
The applicable signed contract, accepted proposal, estimate, change orders, invoices, warranties, and these Terms constitute the agreement governing the project, subject to applicable law.
If there is a conflict between documents, the documents will be interpreted according to the order of priority established in the applicable project agreement.
No verbal statement is intended to modify the written agreement unless confirmed by an authorized representative of Onyx in writing.
34. No Waiver
If Onyx does not immediately enforce a provision of these Terms, that does not mean Onyx has permanently waived its right to enforce that provision in the future.
A waiver of one provision or one occurrence does not constitute a waiver of any other provision or future occurrence.
35. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect to the fullest extent permitted by law.
36. Washington State Law
These Terms and the applicable project agreement are intended to be interpreted in accordance with the laws of the State of Washington, except to the extent applicable law requires otherwise.
Nothing in these Terms is intended to waive any consumer protection, statutory right, lien right, warranty right, or other legal protection that cannot lawfully be waived.
37. Changes to These Terms
Onyx may update these Terms from time to time.
The Terms applicable to a particular project will generally be those provided to or incorporated into the Customer's project agreement, proposal, estimate, or other applicable documentation at the time the project is authorized.
38. Customer Acknowledgment
By approving a proposal, signing a contract, authorizing work, paying a deposit, or otherwise instructing Onyx to proceed, the Customer acknowledges that they understand that landscaping and water-feature projects involve construction activities, natural materials, living plants, site conditions, weather, scheduling variables, and other factors that may affect the project.
The Customer acknowledges that Onyx has explained, or has made available for review, the applicable project scope, pricing, payment requirements, refund and cancellation terms, and these Terms & Conditions.
The Customer understands that additional charges may apply when the Customer requests changes, unforeseen conditions require additional work, or other circumstances outside the original scope materially affect the project, subject to applicable law and the terms of the project agreement.
Onyx's goal is to provide quality work, communicate honestly, and resolve concerns fairly. These Terms are intended to protect both Onyx and its customers by establishing clear expectations before work begins.