Terms & Conditions

SUSTAINABLE SPRINKLER INC. - MASTER TERMS AND CONDITIONS (Palm Beach County, FL)
Version date: 2025-12-05

1. Electrical Work
This proposal does not include the cost of any electrical work required to power the system. Based on SSI's preliminary inspection, an existing power source may be sufficient at no additional cost. If additional electrical work is required, SSI will provide a written cost estimate for approval and will not proceed without the Customer's written consent.

2. Subscription Term and Renewal (Always Renews; Owe the Month)
If the Customer prepays for a specified subscription term (the "Prepaid Term," for example, 3, 6, 12, or 24 months), the subscription commences on the start date and continues for the length of the Prepaid Term. At the end of the Prepaid Term, the subscription automatically renews for successive periods equal to the Prepaid Term (each, a "Renewal Term") at SSI's then-current renewal rate, unless canceled in accordance with Section 3. If the Customer has not prepaid for the Renewal Term by the renewal date, the renewal nevertheless takes effect without interruption, and the Customer authorizes SSI to bill the account on a month-to-month basis at SSI's then-current monthly rate until (a) the Renewal Term is prepaid in full, effective the next billing cycle, or (b) the subscription is canceled in accordance with Section 3. The Customer remains responsible for all monthly charges for each month of active service.

3. Cancellation by Customer
The Customer may cancel the subscription by providing SSI at least sixty (60) days' prior written notice before the next billing renewal date. Notices must be sent by email or certified mail to the contact address provided by SSI. Cancellation takes effect at the end of the then-current term or billing month as applicable.

4. Cure Period
If the Customer believes SSI has failed to meet its obligations, the Customer must provide written notice specifying the issue. SSI will have thirty (30) calendar days from receipt to remedy (cure) the issue. If not resolved within the cure period, the Customer may terminate without penalty effective upon written confirmation.

5. Service Calls; Tampering
Service calls requested by the Customer are billed at $90 per occurrence. If the issue is determined by SSI to have been caused by a defect or malfunction in SSI's system, the service call will be provided at no charge. Any tampering with, alteration of, unauthorized interference with, or bypass of SSI's device(s) results in a $250 charge (as posted on the device).

6. Hardware Lease; Return; Liquidated Damages
All hardware provided under this agreement is leased and remains the sole property of SSI. Upon cancellation or termination, SSI will retrieve the device(s), and the Customer agrees to provide reasonable access for retrieval. If any device is removed, disposed of, damaged beyond normal wear and tear, or otherwise made unavailable to SSI without prior written authorization, the Customer shall be liable for liquidated damages in the amount of $1,999 per device. The parties agree this is a reasonable pre-estimate of actual damages at the time of contracting and not a penalty.

7. Agreement by Payment
Payment of any invoice issued by SSI, whether in full or in part, constitutes the Customer's acknowledgment and acceptance of all applicable terms and conditions, including those stated on the invoice and in these Master Terms.

8. Late Fees; Interest on Past-Due Amounts
A late fee will be assessed on any past-due amount from the due date until paid, in an amount equal to the lesser of 1.5% per month or the maximum allowed by law. Any partial month may be treated as a full month for purposes of calculating the late fee, to the extent permitted by law.

9. Dispute Resolution; Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to this agreement shall be resolved exclusively by binding private arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules, and governed by the Federal Arbitration Act. The seat and venue of arbitration shall be Palm Beach County, Florida. Each party shall bear its own attorneys' fees and costs, except as the applicable rules otherwise provide. The parties waive the right to a jury trial and to participate in any class, collective, or representative action. This section does not prevent either party from seeking relief in small-claims court or pursuing temporary or injunctive relief to protect property, equipment, or confidential information; any such permitted court proceedings shall be brought exclusively in Palm Beach County, Florida.

10. Limitation of Liability
Except for liability arising from gross negligence or willful misconduct, SSI's total liability under this agreement shall not exceed the total amount paid by the Customer during the twelve (12) months immediately preceding the claim.

11. Governing Law
This agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 9 (Arbitration).


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SUSTAINABLE SPRINKLER INC. - IRRIGATION REPAIRS AND MAINTENANCE TERMS (UNRELATED TO SSI DEVICE)
Version date: 2025-12-05

1. Scope of Estimate
This estimate covers only the initial scope of repairs to the Customer's existing irrigation system identified during the initial inspection. The parties acknowledge that resolving initial issues may reveal additional defects, failures, or conditions requiring repair ("Hidden Conditions"). This document concerns irrigation repairs unrelated to any SSI device and does not modify any SSI device lease terms.

2. Discovery of Additional Issues; Authorization to Proceed
By approving this estimate, the Customer authorizes SSI to perform repair work on newly discovered irrigation issues without requiring a new estimate, and to bill such work at the labor and material rates listed on the price list attached to, or incorporated by reference into, this estimate. If a condition is safety-critical, code-related, or not covered by the price list, SSI will notify the Customer and may request written confirmation before proceeding. The Customer may specify an optional Not-To-Exceed (NTE) amount in writing.

3. Rates; Charges; Taxes
Service-call fee: $90 per visit. Labor, parts, materials, and equipment rentals (if any) will be billed at the rates shown on the attached price list. Applicable taxes, permits, inspection fees, and disposal or environmental fees (if any) are additional. After-hours, weekend, and emergency rates may apply per the price list.

4. Changes; Not-To-Exceed (Optional)
If the Customer specifies a written NTE, SSI will not exceed the NTE for work covered by this estimate without the Customer's written approval, except where immediate work is required to address a safety hazard, active leak, or property damage. Absent a written NTE, SSI may proceed as authorized in Section 2.

5. Exclusions; Customer Responsibilities
Unless expressly included, the following are excluded: landscape or hardscape restoration, turf or plant replacement, irrigation design changes, backflow preventer testing or certification, upgrades required solely to satisfy current codes, and repairs to non-irrigation systems. The Customer will provide reasonable site access, including access to water and electrical power as needed, and will identify site hazards and private utilities. Damage to unmarked or inaccurately marked private utilities is at the Customer's risk.

6. Invoicing; Payment; Late Fees; Suspension
Upon approval of this estimate, an invoice will be issued for payment. Payment is due as stated on the invoice. A late fee will be assessed on any past-due amount from the due date until paid, in an amount equal to the lesser of 1.5% per month or the maximum allowed by law. SSI may suspend or reschedule work for nonpayment.

7. Warranty; Limitations
SSI warrants its repair workmanship on the serviced irrigation components for ninety (90) days from completion. This limited warranty does not cover consumables, normal wear, misuse, lack of maintenance, acts of God, or pre-existing or hidden conditions not caused by SSI. No warranty applies to customer-supplied parts or third-party work. Remedies are limited to re-performance or refund of the price paid for the defective repair, at SSI's option.

8. Relationship to SSI Device and Master Terms
This document concerns irrigation repairs unrelated to any SSI device. It does not modify SSI's device lease, ownership, liquidated damages, or tampering provisions. These terms supplement SSI's Master Terms and Conditions; in case of conflict, the Master Terms and Conditions control except with respect to the repair rates on the attached price list.

9. Governing Law; Dispute Resolution
These terms are governed by the laws of the State of Florida. Any dispute, claim, or controversy arising out of or relating to these terms shall be resolved exclusively by binding private arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and governed by the Federal Arbitration Act. The seat and venue of arbitration shall be Palm Beach County, Florida. This section does not prevent either party from seeking relief in small-claims court or pursuing temporary or injunctive relief to protect property, equipment, or confidential information; any such permitted court proceedings shall be brought exclusively in Palm Beach County, Florida.