TERMS & CONDITIONS
Terms and Conditions
Important: Acceptance = Agreement
These terms are incorporated into every Southern Lights of NC estimate/proposal/service order (“estimate”). By accepting an estimate (including by signature, click-to-accept, approving by text or email, paying any amount, scheduling work, or allowing work to begin), client agrees to these terms and enters into a binding agreement with Southern Lights of NC.
If there is a conflict between the accepted estimate and these terms, the estimate controls only for the specific conflicting item, and these terms control for all other matters.
Accepted: I have read and understand the prices, any and all attached specifications, the below terms and conditions, and agree they are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Furthermore, I am providing a personal guaranty.
Individual personal guaranty. If client is a corporation, llc, partnership, or other legal entity, the undersigned person hereby personally and unconditionally guarantees punctual payment by client as required by this agreement. The undersigned guarantor waives diligence, demand for payment, extension of time for payment, notice of acceptance of this guaranty, and indulgences and notice of every kind, and consents to any and all forbearances and extensions of the time for payment or performance under this agreement and to any and all changes in the terms of this agreement. Southern Lights of NC may enforce this guaranty without first resorting to or exhausting other remedies provided by the agreement or the law. Guarantor agrees to pay all reasonable costs and attorneys’ fees incurred by Southern Lights of NC in enforcing this guaranty for any purpose, including for claims arising out of the terms of this agreement not related to collection of unpaid balances. Guarantor signs this guaranty in consideration of Southern Lights of NC’s willingness to enter into this agreement with client.
The officer(s) of the company or owner of property are signing as individuals – signatures only, no corporate titles.
Terms and conditions of contract
Terms: this contract is an agreement between Southern Lights of NC and client cited. Southern Lights of NC agrees to provide the services and materials detailed on this contract and the client agrees to pay the charges specified herein as follows: 50% deposit upon execution of this agreement; periodic progress payments sufficient to maintain a deposit balance of 50% of the work remaining on the project (unless otherwise specified); remaining balance due upon project completion. Any warranties are void if payment in full is not received within 10 days of invoice.
For scheduled maintenance services, the client will receive either a monthly or an annual invoice and payment is due upon receipt from the date of the invoice. Southern Lights of NC makes no warranties of any kind until full payment has been received. Any work performed prior to full payment will not be warranted and Southern Lights of NC is released from any responsibility for such work. Maintenance contracts automatically renew for 1 year. A written cancellation notice must be presented to Southern Lights of NC in order to cancel any contract and no later than 90 days prior to end of the existing annual contract. If services are suspended or terminated prior to contract renewal date, client agrees to pay for all services rendered whether or not billed before the date of suspended service. Contractor reserves the right to collect any payment shortfalls of services rendered versus payments received should this contract be cancelled at any point for any reason. Once written cancellation is received, any and all warranties written or implied for the signed contract will be null and void for both product already installed and labor already performed, as these were part of the overall project scope. All renewed maintenance contracts, including automatic renewals are subject to a 3% increase for increased costs of materials, fuel, and labor. All additional services not outlined in this proposal will be billed at an hourly rate of $99 per man hour unless otherwise stated. Any additional services not outlined in this proposal will be billed separately and payment is due upon receipt from the date of completion. All projects are quoted using mechanical equipment unless otherwise specified. Additional labor fees may apply if time saving mechanical equipment (skid steer, loader, auger, etc) can no longer be used on a project quoted based on use of mechanical equipment due to onsite conditions and/or concealed contingencies. Client understands that southern lights may take photographs of owner’s project for use in public displays, videos, printed materials, and/or other advertising media Southern Lights of NC deem appropriate. Southern Lights of NC may submit said photos for industry related awards. Client understands that these photos will become property of those organizations which host and provide those awards. All client information will be kept confidential. Where not restricted, client authorizes Southern Lights of NC to install signs on client’s property depicting Southern Lights of NC’s name, logo, company telephone number and other appropriate company information. This sign may be placed upon signature of contract and will be removed 15-30 days after project is complete. In order to consider travel time, Southern Lights of NC may bring additional materials to jobsite. Excess material remains property of Southern Lights of NC and will be removed from site unless client entered into a time plus materials contract where all materials purchased are property of client. Deposits are required for all projects. All payments are due upon the earlier of completion of the project or receipt of an invoice from Southern Lights of NC indicating and amount is due and owing. All outstanding payments not received upon project completion will be subject to a 3.0% late fee thirty (30) days after the earlier of receipt of an invoice or the completion of a project. An additional 6% late fee will be due sixty (60) days after the earlier of receipt of an invoice or the completion of a project. An additional 10% late fee will be due ninety (90) days after the earlier of receipt of an invoice or the completion of a project. Any invoices not paid within, or balances owed in excess of 30 days, will incur an interest charge of 10.0% monthly (18% per annum, if an attorney is required to collect any unpaid balance owed pursuant to this agreement). All reasonable legal fees and expenses incurred by Southern Lights of NC resulting from the enforcement of this agreement, whether for the collection of unpaid balances, or to defend Southern Lights of NC from any claim bought by any party to enforce this agreement, shall be the responsibility of the client. We reserve the right to charge a card on file for any balance due, including late fees, after an invoice is 30 days past due. Southern Lights of NC reserves the right to suspend services at any time due to non-payment and/or delinquent payment for services. In the event Southern Lights of NC elects to suspend services due to client’s non-payment and/or delinquent payment, client shall be required to pay for all services rendered by Southern Lights of NC through the date of suspension whether invoiced or not, prior to Southern Lights of NC’s resumption of services. All materials remain the property of Southern Lights of NC until unpaid invoice(s) are paid for and balance is cleared, $0.00 owed to Southern Lights of NC. Southern Lights of NC reserves the right to remove all materials if invoice(s) are not paid for in full within 30 days of completion.
Express limited warranty: Southern Lights of NC provides the following limited warranty on landscape labor and materials. If a homeowner supplies materials, Southern Lights of NC will not be responsible for warranty, replacement or repair of such materials. Subcontractors may be used due to schedules & scope of work. In the event plants covered under the Southern Lights of NC warranty die, replacements will be made at no cost to the owner with plants similar to the original size and quality as previously specified (or installed, if not previously specified); provided that, only one replacement will be made for each plant that dies. This warranty shall be void if any invoice or statement has not been paid in accordance with the payment terms set forth above.
No warranty on third-party work or products: Southern Lights of NC will not provide any warranty, guarantee, or assume any liability for any work or products supplied, installed, or otherwise provided by third parties or other contractors, even if Southern Lights of NC has performed services on the same property. This includes but is not limited to any landscape lighting, audio systems, or other outdoor products and installations not directly supplied and installed by Southern Lights of NC. Any defects, failures, or issues arising from such third-party work or products shall be the sole responsibility of the client or the providing party. Furthermore, any services provided by Southern Lights of NC that interact with, modify, or are performed in conjunction with existing systems or products not installed by Southern Lights of NC will not be covered under Southern Lights of NC’s warranty policy.
Holiday lighting limited warranty: should client elect to use Southern Lights of NC for the installation of holiday lighting that will not be a permanent fixture to the property, Southern Lights of NC only warrants such holiday lights only to the extent and for the time period which the manufacturer warrants such items.
Warranty void due to client interference or modification: any modification or alteration to the work performed by Southern Lights of NC by any party other than Southern Lights of NC will void all warranties. Client agrees that Southern Lights of NC will not be liable for any damages or defects arising from such interference.
Conditions: Southern Lights of NC reserves the right to change specified fixture(s) due to availability. The closest match will be made at Southern Lights of NC’s discretion. Southern Lights of NC also reserves the right to make necessary field adjustments without notice, due to drainage issues, excessive rock, utilities, other obstructions and/or obstacles that might cause potential problems. Theft of materials after they are placed on the site is the responsibility of the client. After it is determined that there is a warranty item that needs to be replaced or repaired, a warranty form must be completed to expedite any service work. Or you may contact our office for a copy. Southern Lights of NC will only replace/repair items for which the warranty form has been properly filled out. The warranty form must be received before the end of your warranty period.
Limitation on liability. Client agrees that Southern Lights of NC shall not: (i) be liable for losses, fees, fines, or damages (including defects in labor, workmanship or materials) caused by persons or entities who are not controlled by or under contract with Southern Lights of NC or previously contracted by property owner: (ii) liable for losses, fees, fines, or damages caused by, resulting from, contributed to or aggravated by earth movement, landslide, mudflow, earth sinking, earth rising, earth shifting or subsidence of land; (iii) be liable for losses, fees, fines, damages or extra expense due to underground foreign material such as construction debris, rock, heavily compacted sub-soil, tree stumps, roots, utilities including but not limited to improper depth of utilities as detailed in concealed contingencies, and sprinkler systems and/or any other unforeseen obstructions (an additional charge for removal or special handling will be necessary); and (iv) liable for losses, fees, fines, or damages caused by, resulting from, contributed to or aggravated by lightning, power surges, or other electrical problems or conditions that are not attributable to work done by Southern Lights of NC; (v) pay to repair any underground obstructions. Please note: if driveways, sidewalks, fences, etc. become cracked or dirty due to equipment and/or materials, repair to those surfaces and/or pressure washing is not included as part of the project unless otherwise noted. Southern Lights of NC assumes no responsibility for discrepancies between our design plans and actual site conditions. No verbal agreement expressed or implied will be honored. All agreements must be in writing.
Scope: Southern Lights of NC shall furnish all materials, tools, equipment and labor necessary to execute the installation shown according to the applicable drawing(s) and/or contract document. Southern Lights of NC reserves the right, at its sole discretion, to refuse work on any project ordered by a client that would result in a violation of applicable building code, regulation, or law. Southern Lights of NC reserves the right, at its sole discretion, to refuse to work on any project ordered by a client if the work would compromise the safety of any Southern Lights of NC personnel, contractor, or property, including work on a roof whose pitch is too steep to be safely ascended for the purpose of completing a project.
Workmanship: all operations shall be completed in a professional and workmanlike manner. All drawings prepared by Southern Lights of NC are working drawings intended to assist in pricing and planning and are not intended to be a representation of how the site will appear upon completion. Southern Lights of NC will make layout and elevation adjustments at their sole discretion to produce a high-quality project.
Revisions, estimates, and cancellation fee: any project proposal submitted by Southern Lights of NC to client will be subject to revision if not accepted by client within ten (10) days, as the availability of many materials is not constant and project proposals are based on the current price for labor and materials. If client cancels this contract at any point, in addition to any amounts owed to Southern Lights of NC for labor performed and materials purchased for the project prior to client’s notification of the project cancellation, client shall be responsible for a cancellation fee in the amount of 5% of the total project price or 25% of material cost (whichever is greater) to cover handling fees, supplier penalties, shipping costs, storage costs, as well as restocking, rescheduling, and administrative expenses. If a client cancels their project within 10 days of the date upon which work is scheduled by Southern Lights of NC to begin, they will be charged a cancellation fee of 25% of their total project cost or the cost of all purchased materials, whichever is greater. Project cancellation and design fee: in the event of a project cancellation for any reason and no design fees were collected, the client will be responsible for the intellectual property of the design provided. The client will be charged for the design the greater of $599, or the cost of the design as determined at the sole discretion of Southern Lights of NC, unless otherwise stated in writing signed by both parties. This fee covers the significant investment of time, expertise, and creativity involved in the design process, including the use of the design concept, ideas, and layout provided by Southern Lights of NC. The design itself requires careful planning, technical knowledge, and customization to meet the client’s specific needs and preferences, independent of the actual installation. Even if the installation doesn’t proceed, the client still receives a fully developed, professional design that can be used for future projects. Upon payment, the client will be granted non-exclusive rights to use the design. This ensures that the value of this intellectual property is recognized and fairly compensates for the resources devoted to creating it. If client purchases a special order and cancels the contract at any time the client will owe a cancellation fee equal to 100% of the value of the remaining price of the special order. This fee is charged in consideration of the significant design, installation, and materials costs associated with special orders. If client engages Southern Lights of NC to conduct and initial consultation and produce a drawing detailing the scope of proposed work, and then cancels all work, Southern Lights of NC shall be entitled to charge a reasonable cancellation fee at its sole discretion and in an amount to be determined at the time of cancellation. Failure to timely pay any fee will result in application of interest, penalties, and costs pursuant to the terms already stated herein.
Concealed contingencies: this proposal is subject to an extra charge for concealed contingencies, such as rock, debris, poor drainage situations, greater than 4″ of concrete and/or rebar is found to be present during excavation, etc., not readily apparent in estimating the materials and work specified. Client agrees that the site shall be ready for project installation at a finish grade, properly drained, and in a clean, workable condition unless otherwise stated in this contract. This contract is based on using mechanical equipment in order to perform work (bobcat, ditchwitch, graders, excavators, augers, etc.), all grades being within one=tenth of one foot to finish grade prior to the landscape contractor starting work unless otherwise stipulated herein. Property survey, staking of corners, septic tank, pump lines, and leach field line location shall be provided by the client at the client’s expense if services are being provided within a location of question or if requested by Southern Lights of NC. It will be the responsibility of the client or representative to have all underground utilities including drain lines, septic systems, irrigation, and anything else that may be damaged to be clearly marked. Client is responsible for locating all utilities (1.800.632.4949). This is a free service locating power, phone, cable, gas. All private lines, including without limitation landscape lighting, dog fences, fence post lights, irrigation, septic lines, water lines, private gas lines, etc. Need to be located individually by client through an outside service provider. This marking service is performed by usic locating. Usic locating requires 3-5 business days notice and will only mark phone, power, cable and gas. Water and sewer will only be marked with in the right of way and will not be marked on private property. Property owner is responsible for contacting third party contractor to locate these lines. The depth of the facilities is not known by nc811. Utitlity depths can vary due to installation practices, changes in grade, soil erosion, and other variables that occur over time. Industry minimum standards are as follows: gas: 12″-24″, power: 36″, water: 12″, septic, leach, & pump lines: 18″-36″ deep and 36″ wide. Contract and excavation are based on these standard depths. Deviation from these standards may require and include but not limited to: additional labor fees and/or material fees, sub-contractors costs/fees, emergency service or utility service fees/fines. Southern Lights of NC are not liable for fines or fees that may arise from damaged lines due to deviation from industry standards. Any additional charges due to improperly installed utility lines will be the responsibility of the property owner. Any damage to underground unmarked lines shall be the responsibility of the client including, without limitation, any costs associated with repairing the underground lines as well as any additional expenses incurred by Southern Lights of NC’s services. When excavating, depth may vary on condition of soil at time of installation and affect cost of grading, stone base, and labor. Any measurement referenced in the job description are subject to a ten percent (10%) variance.
Mortar work (brick and stone): mortar work will have a solid footer and full drainage system to decrease hydrostatic pressure. Change in grades by third parties may cause failure due to water flow changes. Southern Lights of NC will ensure proper drainage and a stable wall upon project completion. Client assumes full responsibility for any mortar work failure caused by any change in grade or drainage after completion of project. The width, length and height of wall determines the square footage.
Lighting: installation of low-voltage lighting transformers by Southern Lights of NC assumes that outdoor rated power outlets are installed or provided by the client before work is to begin, where the transformers need to be mounted. Southern Lights of NC is not responsible for an overload and shutdown of the circuit due to the use of other devices on the 120 volt alternating current circuit. Timing components are guaranteed for the lesser of one year from the date of installation or the time period the component is warranted by its manufacturer. This warranty does not include the reprogramming of timers. This warranty does not cover lamps (unless led, then backed by original warranty given in contract). Halogen lamps are not covered by Southern Lights of NC. All wire, transformers, and connections are guaranteed for a period of ten years, excluding any underwater lights, paver lights, or wire that is cut. This warranty excludes items that are damaged due to any products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, modification (including but not limited to use of unauthorized parts or attachments), animals, or adjustment or repair by someone other than original installer. Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered, is the application of dc (direct current) power when ac (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers. Warranty does not cover ‘acts of god’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, extreme weather events, and power surges of any kind whether or not caused by acts of God.
Warranty does not cover water damage to products (not specifically sold as underwater products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows. Any tampering with the transformer voids all warranties. It is normal for natural brass and copper finishes to patina, oxidize, and change colors. It is normal of other types of finishes such as powder coatings to discolor when exposed to the elements especially when exposed to sunlight, other forms of weathering, irrigation systems, reclaimed water, sea water, and other sources of contamination. These changes are not covered by warranty. These warranties extend only to the product ownership by the original purchaser and are void when the original purchaser ceases to own the product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise, without written documentation for transferrable warranty.
These warranties do not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced product (unless otherwise stated). If a product is covered under any of the foregoing warranties, such product will be replaced or repaired, or at Southern Lights of NC’s sole discretion. Warranty is non-transferable from one owner to another.
Permitting: client is responsible for applying for and obtaining any permits necessary for the installation of any fixture proximate to a water source that would require inspection before operational use of the produce starts. Client is hereby on notice that such installations may be subject to code enforcement, and it is client’s sole responsibility to ensure all permitting is in compliance with code enforcement laws, regulations, or requirements.
Indemnification: client agrees to indemnify and hold harmless Southern Lights of NC and its employees from any and all claims, damages, or losses arising out of the client’s negligence or other wrongful acts, or failure to comply with this agreement. Southern Lights of NC, its subsidiaries, and its and their respective successors, assigns, directors, officers, employees, agents, and affiliates (collectively, “indemnified parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses whether or not involving a claim by a third party, including but not limited to reasonable attorneys’ fees and costs (collectively, “claims”), actually or allegedly, directly or indirectly, arising out of or related to (1) any breach of any representation or warranty of Southern Lights of NC contained in this agreement; (2) any breach or violation of any covenant or other obligation or duty of Southern Lights of NC under this agreement or under applicable law; (3) any third party claims which arise out of, relate to or result from any act or omission of Southern Lights of NC; and, in each case whether or not caused in whole or in part by the negligence of Southern Lights of NC, or any other indemnified party, and whether or not the relevant claim has merit.
Governing Law / Venue (Guilford County): This Agreement and any dispute, claim, or controversy arising out of or relating to Southern Lights of NC’s Estimate, Work, or these Terms (whether in contract, tort, or otherwise) shall be governed by the laws of the State of North Carolina, without regard to conflict of law rules. Venue and exclusive jurisdiction for any legal action shall be the state or federal courts located in Guilford County, North Carolina.
Lien on funds and real property when Southern Lights is acting as a subcontractor: Southern Lights (“subcontractor”) shall have and retain all rights and remedies afforded under N.C. Gen. Stat. Chapter 44a or title 43 of the Virginia code, including but not limited to the right to assert a lien upon funds and a claim of lien on real property under either statutory scheme. Contractor expressly acknowledges that nothing in this subcontract shall be construed as a waiver, limitation, or impairment of subcontractor’s statutory lien rights, and any such purported waiver shall be void and unenforceable to the fullest extent permitted by law. The payment terms contained in this agreement shall supersede any payment terms contained in any prime contracts and shall be binding upon any contractor for which southern lights inc. Is a subcontractor.
To the fullest extent permitted by law, contractor hereby assigns and subrogates to subcontractor all of contractor’s rights, claims, and remedies against the owner, the project funds, and the project real property to the extent of any unpaid sums due to subcontractor. This subrogation includes, without limitation: contractor’s rights to assert a lien upon funds; contractor’s rights to assert or enforce any claim of lien on real property; contractor’s rights to pursue payment bonds, performance bonds, or other security; and all rights of action against the owner or upstream parties arising out of or relating to the work performed by subcontractor. Such subrogation shall be self-executing upon nonpayment and shall not require further assignment documentation.
Contractor shall not take or omit any action that would prejudice, subordinate, or impair subcontractor’s lien rights, including but not limited to: accepting payment from owner without properly accounting for subcontractor’s share; failing to serve or enforce a notice of claim of lien upon funds; waiving lien rights upstream without subcontractor’s prior written consent; or misapplying funds in violation of N.C. Gen. Stat. § 44a-20, VA. Code § 43-13, or any other law or regulation. Any such act or omission shall constitute a material breach of this subcontract.
All funds received by contractor for the work performed by subcontractor shall be deemed to be held in trust for the benefit of subcontractor until paid in full. Contractor shall not commingle such funds with general accounts or use them for any purpose other than payment of subcontractor and lower-tier subcontractors performing the work.
Subcontractor shall have the independent right, without prior notice to contractor, to: serve a notice of claim of lien upon funds on the owner and any obligor; file a claim of lien on real property; file any other claim of lien; and take any action necessary to perfect, enforce, or foreclose such liens. Contractor shall fully cooperate with subcontractor in the preparation and execution of any such filings, including providing project information, payment records, and owner contact information within five (5) business days of request.
Any provision in this subcontract, or any document executed contemporaneously herewith that purports to waive subcontractor’s lien rights prior to receipt of payment in full is expressly rejected. Any lien waiver executed by subcontractor shall be: limited to the amount actually received, and conditioned upon final and irrevocable payment.
If subcontractor is not paid when payment is due under the terms of this agreement, subcontractor may, upon written notice: suspend performance; withhold labor and materials; retrieve materials already installed from the jobsite; and pursue lien remedies, without being deemed in breach of this subcontract.
Contractor shall indemnify, defend, and hold harmless subcontractor from any loss, cost, or expense (including attorneys’ fees) arising out of contractor’s failure to preserve or protect subcontractor’s lien rights or funds. In the event the project is bonded, subcontractor shall have the right to assert claims against any payment bond. Contractor shall provide a complete copy of any such bond within five (5) days of request. Subcontractor’s bond rights shall be in addition to, and not in lieu of, lien rights.
The provisions of this article shall survive termination, completion, or acceptance of the work and shall remain enforceable until subcontractor has been paid in full.
Warranty exclusions and time limits: warranty excludes damages caused by natural disasters, animals, acts of God, improper use, or damage caused by third parties. All warranties are void if full payment is not received within 10 days of project completion.
Right to authorize job: client has full legal right to authorize Southern Lights of NC to perform the job at the location described in this contract.
Change order notice: all jobs are done as specified and any request for additional work or changes will require a signed change order.
Safety: while the job is in progress and/or maintenance services are being performed Southern Lights of NC require that the “work areas” not be used as they may be hazardous and may result in personal injury. Southern Lights of NC will not be held responsible for any injury to person or property in these areas.
Work as specified: Southern Lights of NC makes no warranties other than the express limited warranty specifically set forth above. Southern Lights of NC disclaims, and client hereby waives any and all warranties, express or implied, that are not expressly set forth or referenced in this contract including, without limitation, any implied warranty. The specific limited warranty set forth in this contract does not cover personal injury, damage to personal property or consequential damages (unless other required by state law). The foregoing waiver, disclaimer and limitation of remedy shall not apply to any warranties of merchantability or fitness for a particular purpose if and to the extent such warranties are implied by law in this transaction, or their disclaimer is prohibited by law. The warranty made herein is made solely to client and is not transferable to a subsequent owner or occupant of the property where the work is provided, or to any other person or entity (unless otherwise specified herein). Southern Lights of NC will make every effort to complete the job within the time period stated. However, the client understands that there are circumstances and events beyond the control of Southern Lights of NC which cause unforeseen delays and for which Southern Lights of NC will not be responsible.