Terms

ACCEPTANCE/DEPOSIT BEING PAID – Customer is deemed to have accepted the terms and conditions listed here, the scope of work on our estimate and in our Installation Agreement upon placing a deposit. The quote received upon first visit is considered and referred to as the “estimate.” Any changes made to the estimate will not require a change order. Please review the estimate before paying the deposit to make sure everything listed is exactly what you are expecting to be done. The invoice is considered and referred to as a “contract.” See “Refund Policy” for more details on deposit refunds. 

DEPOSITS – Our company requires a 10% deposit be placed down in show of good faith to move forward with a project. This deposit is used to begin ordering materials, administrative work on your project and to start rendering / designing with our in-house designer, if needed. See “Refund Policy” for more details on deposit refunds.

SCOPE OF WORK – The scope of work is listed in the invoice by line item. These are the services we are offering in return for payment. Material is included in all pricing given, unless otherwise stated. All items not listed on the invoice or change order, but on the renderings from our designers, will not be completed without being invoiced for those items.

SCHEDULING – The schedule goes based on a first come, first served basis. Please allow 1-2 days after paying the deposit to get scheduled (if applicable, you must have HOA approval before scheduling for installation). If the scheduled date does not work for you, we can move you to the next available date that is not already booked. We allow deposits to be paid and held for projects even scheduled up to 4 months out. Larger projects are placed on Mondays, at the beginning of the work week.

RESCHEDULING – Our office tries its best to plan accordingly. To aide in this, we order material in advance to prevent any scheduling errors or delays for all projects. We kindly ask that all cancellations or rescheduling’s occur at least a week before the project start date.

INSTALLATION AGREEMENT – An installation agreement will be sent for signatures closer to the start of your project. This is not sent in advance, as any changes up until the week before your project would then require more paperwork. Also, this installation agreement gives us the right to be on your property and allows for our insurance to be notified we will be working on your property. This installation agreement must be signed in order for our company to begin any work on the property. Without signing this agreement, a crew will not be assigned to begin work.

CHANGE ORDERS – Any changes to your project after signing the “Installation Agreement” will require a change order. If you have not signed the “Installation Agreement” yet, the estimate will be updated. Once the “Installation Agreement” is sent, these items will already be reflected. Any change orders are subject to additional fees (including but not limited to restocking fees, delivery fees, etc.) and could potentially delay the start date or completion of the project (depending on material availability).

DELIVERY OF MATERIAL – Delivery times will vary based on the size and type of material that is being delivered. On or before the day of installation, white chat and rock are normally the only items scheduled (as our crews need these items to begin the installation). If the project is rescheduled by the customer and white chat has already been dropped off, a pickup fee of $35 and a fee of $38/ton is added to the invoice (covers material and the cost of delivery and pickup). For jobs beginning on Mondays, we must drop off the material on Friday as the rock yards are only open during the week. If this does not work for you, please make the office aware in advance. Delivery of the turf, pavers and special order items are not delivered until needed. This is to prevent theft.

DUMPSTERS – Dumpsters are required for any removal, big or small, and some projects require more than one. We use a third-party dumpster service, Western Elite, that picks up and drops them off. Each dumpster is on a weekly schedule, so please give the dumpster company a few days after the project is completed to pick up the dumpster(s). They are closed on the weekends and will resume picking them up on the following Monday. Dumpsters are for the crews use (from us turf) and are not for throwing away old furniture, extra trash in your garage or your neighbors’ TVs (this will potentially add additional fees to your project). For additional dumpster terms and conditions, please see "Western Elites" terms and conditions at the bottom of this page. These terms are accepted by the customer and transferred from our company to the homeowner when the dumpster is dropped off at the property.

MATERIAL SELECTION – If a decision has not been made regarding the material at the initial estimate, please stop by our warehouse during normal business hours. Our office is open from 8am-5:30pm throughout the week and open 8am-12pm on Saturdays. Sundays, we are closed. All available artificial grass samples and displays, paver options and a huge variety of rock. If the rock you are interested in is not on display, please visit your nearest rock yard to obtain samples. To proceed with the project, we need to know materials in advance so we can place the order. Any material not picked out before installation can cause a delay to the project installation. Please verify the rock, pavers and artificial grass before it is installed, as a photo may not represent the correct item or dye-lot. us turf can not be liable for a customer choosing the wrong material, and will result in additional fees for swapping these items out.

EXISTING OR PREVIOUS WORK COMPLETED BY ANOTHER CONTRACTOR - We are not responsible for any work completed by another contractor before us, be it by new home builder construction or additional work completed at a later date by a different contractor or landscape/maintenance company. We are not responsible for any broken lines, nails hitting pipes that are not below the surface or level they are required to be at. This also includes pool pipes that are supposed to be at least 18"-24" deep but were not properly installed by the pool builder. Same goes for electrical, plumbing and gas lines. We are not responsible for any chipping, knicks, cracks or breaks on any existing surfaces. We are also not responsible for windows, sliders, stucco walls and furniture/other items in the yard that may get hit with debris or movement of material. A detailed list of responsibilities will be available in our “installation agreement.”

CLEAN UP – Please allow up to one week after the completion of the project for cleanup. We apologize for any delays up front, but we do only have one clean-up clew to pressure wash the streets and to pick-up left-over material (as this requires a special truck and forklift).

CREDIT CARDS – Payments can be paid in person at the office or via a secure payment link online with no additional fee (as of 06/03/24). Currently (due to higher than normal credit card fees) you will not be able to hand a credit card to an employee/foreman at the job site. If you are not available (at home) to pay for the final balance when the job is complete, please come to our office and pay or ask for a payment link to be sent. There are no additional fees for coming into the office to pay, even via credit card (0%). If you cannot make it to the office during business hours, and would prefer to pay via the secure payment link, the 3% charge is added to your total job cost (as of 06/03/24, no credit card fees apply in person or online – this is subject to change at any time but you will be told beforehand).

CHECKS – Checks are always accepted as payment. Please allow up to 3 days for a check to clear, before receiving a receipt of payment. Mailed checks must have a tracking number, and the tracking number must be sent to us via email for tracking purposes. Once the check is received, we will update your balance and send a paid invoice to the email on file (for final payments). If a check bounces, there will be a $35 fee per check.

FINANCING – Our current financing options will be listed on our website (https://usturf.com/pages/financing-options). To pre-qualify or apply, you can do so there. Once you have applied, our financing department will receive your information and create offers that are currently available. A deposit is not required by our company when financing unless Greensky/Foundation Finance Company require you to place a deposit down. If a deposit is required, it would be paid to us turf and updated within our agreement with the financing company, the homeowner and our company. When the project is fully completed, we will send a payment request to Greensky or Foundation Finance Company (a loan completion certificate) who will then ask you to approve of the job being finished. Please note that when financing, most or all of the current offers will not be applied to the project total balance (this includes discounts that were previously added by your estimator).

PAYMENT DUE – We allow customers 24-48 hours after the job has been completed to make a final payment without accruing any late fees. A $35/day late fee will be charged beginning on the 3^rd day from completion until the balance is satisfied and the invoice is paid off. If something was not completed because of material shortage or delays, we ask that you pay for the work that was completed minus the items that were not finished. The final balance can be satisfied via payment online with no fee, after the completion of all items on the invoice.

REFUNDS FOR DEPOSITS – Full refunds for deposits are only given within 3 days if no drawing has been completed. If our designer has completed a drawing or you have received a drawing, a drawing fee of $200.00 will be deducted from your payment and the remaining credit will be sent back. If you choose to continue your project at a later date, this drawing fee will be added back to your account. Please see our “Refund Policy” page (https://usturf.com/policies/refund-policy) for more information.

REFUNDS FOR WORK ALREADY COMPLETED – If any work has been completed, all sales are final on services rendered. As our services include the purchase of material, no refunds will be given on material. Please see our “Refund Policy” page (https://usturf.com/policies/refund-policy) for more information.

WARRANTY - 2-year LABOR warranty on all projects completed (for the scope of work completed in your invoice). Crystal, Emerald, Platinum, Lush and Putting Green artificial grasses installed by our company are covered for 15 years by the manufacturer (Turf Center). If you purchase artificial grass elsewhere, or special-order artificial grass from one of our vendors, the manufacturer’s warranty would be only through those companies. Warranty information is different for all other materials. Most warranty information will be available from each manufacturer normally within their website. Plants are not covered under material warranty. If your plants do not make it, they are covered under a 30-day warranty for replacing the same exact size and type of plant, but the plant would have be purchased by the homeowner. We require homeowners to purchase plants as contractors do not get a warranty on purchases of plants. Please see additional information regarding plants below. *Please note: Window burns, including but not limited to, those from your property or your neighbor’s property, are not covered. Reflective burns from any reflective surface (example: a shiny/glossy fence around the yard, reflective paint on a car parked near your grass areas, reflective decorative objects placed in the yard, a floatation device left in the pool or in the yard, etc.) and abuse are not covered under any warranty. “Acts of God,” including but not limited to lightning, heavy winds, heavy down pour, etc. are also not covered. Please send all warranty requests/claims to claims@usturf.com. For more warranty information and other terms not listed here, please visit https://usturf.com/pages/warranty. To prevent window burns, contact a provider below to get a quote on the installation of window tint or solar screens. 

Trudy (Window Tint Films LV) @ 702-483-4394

Brian (Golden State Window Tinting) @ 702-882-8313

 

 

REPAIRS – All repair requests need to be sent through email to claims@usturf.com. Requests received will be applied to our calendar in the order we receive them. Repair work and fixes are normally completed on Saturdays. If a Saturday does not work for you, we can schedule you during the week on the next available day for installation (this might be 1-4 weeks out, depending on installations already scheduled). Please allow up to 10 business days for a crew member to come down and get an idea of the repair work needing to be done, if not already understood from the email request. Once the claim has been approved, you will be notified, and we will get you on the repair schedule.

IRRIGATION – Irrigation charges within an invoice are the only items that we are fully responsible for (especially in completed conversions). We are not liable for any cracked, worn down or pressure-popped poly lines unless charged for these items to be replaced. All irrigation is tested before our crews leave a project. If your irrigation is not in working condition before we leave, we will get the items within the invoice working but cannot be responsible for any issues of items not listed in the invoice (you’ll have to consult a landscape maintenance company for all future maintenance). 

PLANTS/PLANTING – Our warranty only includes a 30-day labor warranty for plants. We cannot be responsible for a plant’s health and longevity after 30 days. Our company also requires the customers to purchase their own plants, that we can install. Customers should only choose plants that are in great condition, as they should be planted in the same living conditions. We will install plants per the Performance Guidelines of Nevada. The care and maintenance of the plants and surrounding areas are the homeowner’s responsibility. We can not be responsible for plants that do not make it, especially under circumstances we can not control (the crazy summer heat in Las Vegas, the cold winter/frost depending on the area of town, or the abnormally strong spring winds and rains are all considered “Acts of God”). Plants that are on the Southern Nevada Water Authorities Regional Plant List are recommended to last in our climate.

 

WESTERN ELITE TERMS AND CONDITIONS

(https://westernelite.com/terms-and-conditions/)

Dumpster Rental Agreement

This Dumpster Rental Contract (“Contract”) is made and entered into by and between you (alternately, “Customer” or “you”) and Western Elite (alternately, “us” or “we”).

ACCEPTANCE:

Customer is deemed to have accepted the terms of this Contract upon placing an order with Western Elite.

Yes, I agree to the following RENTAL PERIOD terms*

All rental rates are PER DUMPSTER based upon a Rental Period not to exceed seven (7) calendar days. Additional rental fees will be charged for extended rental periods. [See Section 1]

Yes, I agree to the following MAXIMUM WEIGHT terms*

Rental includes a maximum of 8 tons (16,000 pounds) of debris and waste for 40-yard, 30-yard, 15-yard and Lowboy dumpsters. All overages will be charged an additional $60/ton. [See Section 5]

Yes, I agree to the following PROPER LOADING terms*

Allowable Debris must be loaded evenly into the dumpster and must not exceed the top rail of the dumpster. If debris is loaded above the top rail of the dumpster, or prohibited waste is loaded, you will be responsible to remove excess or prohibited debris and/or pay overload charge of $105.50 or disposal fee. [See Sections 3, 4 and 5]

1. PERIOD OF AGREEMENT:

This Contract will commence at the time the first order is placed, subject to acceptance by us. This contract may cover multiple rentals at multiple locations, and is valid anytime Customer or Customer Representative places an order from the date of contract hereafter. This contract will terminate on the day the final dumpster is received back by our facility in Las Vegas, Nevada, or other location as we may specify (“Contract Term”). The rental period for each dumpster will commence on the day that the dumpster is delivered by us to Customer and will end when we pick up the dumpster for emptying (“Rental Period”). All rentals rates are based upon a Rental Period not to exceed seven (7) calendar days. For a Rental Period exceeding these terms, please contact Western Elite by phone to make arrangements. Additional rental fees shall apply to extended rental periods. Customer may call Western Elite to schedule early pick up.

2. DELIVERY TERMS:

We will make reasonable efforts to deliver a dumpster on the date and time requested in the order. Western Elite is not responsible for delays in performance of delivery or pickup of the dumpster. We request at least one (1) day’s notice if you must cancel or postpone the service. Absent such notice, you will be charged a $132.50 fee to compensate Western Elite for the cost of moving the dumpster to and from your site. A Customer who does not have an open credit account is required to pay the full rental fees before or upon delivery. Western Elite is not responsible for delivery of the dumpster unless payment is made in full. When an order is placed, and once Western Elite is on-site and attempts to complete the service and is unable to do so for any reason outside of our control, you will be charged a $132.50 fee for Services Not Rendered (SNR). Please make sure any HOA is aware of our arrival, private gates are unlocked, and vehicles are not blocking our access.

The stated rental rate is for delivery within the Las Vegas Valley area. Deliveries outside of this area will be made at an additional cost of $90 per hour.

The rental fee includes the cost of hauling away the dumpster and its contents of Allowable Waste at the end of the Rental Period. An additional relocation fee of $100 is charged anytime Western Elite is required to move the dumpster to another site or another location at the same site during a single Rental Period.

3. ALLOWABLE WASTE:

Only Allowable Waste may be placed in the dumpster-call us if you are unsure. For purposes of this Contract, “Allowable Waste” shall mean non-hazardous solid waste resulting from the construction, remodeling, repair, and demolition of utilities and structures, and uncontaminated solid waste resulting from land clearing (collectively, such activities are referred to as “Construction and Demolition”). Without limitation, such waste includes wood (including painted, treated, and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roofing coverings, glass, plastics that are not sealed in a manner that conceals other waste, empty buckets ten (10) gallons or less in size and having no more than (1) inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, pipe and metals, corrugated container board, carpeting, furniture, and tires, that are incidental to Construction and Demolition (“C&D Debris”). Customer is fully responsible for the entire contents of the container and is the rightful owner of the contents of the container until the contents are disposed of and accepted without protest by the respective disposal facility.

4. PROHIBITED WASTE:

Unauthorized or prohibited wastes (“Prohibited Waste”) includes any waste that is not Allowable Waste, including but not limited to: municipal solid waste (“MSW”), hazardous waste, regulated medical waste, PCB wastes, asbestos, liquid wastes, drums, containers greater than ten (10) gallons in size, any containers having one (1) or more inch of residue remaining on the bottom, or fuel tanks. Prohibited Waste also includes solid waste that is not allowable C&D Debris (even if resulting from Construction and Demolition) including, but not limited to asbestos waste, garbage, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent light bulbs or tubes, cathode ray tube (CRT) televisions, electronic wastes and circuitry, or appliances.

In the event any Prohibited Waste is located in a dumpster at pickup, Western Elite is entitled to refuse pick-up, at Customer’s expense, until such Prohibited Waste is removed from the dumpster and properly disposed. Additionally, upon agreeing to this Contract, Customer consents to pay for the proper disposal of any Prohibited Waste received at our facility, following a three (3) day grace period within which the Customer will be allowed to retrieve the Prohibited Waste to dispose of on their own. Customer acknowledges that Prohibited Waste may be returned to Customer and Customer will be charged $105.50 per occurrence. Customer also agrees to train its employees/agents on properly restricting Prohibited Waste from entering the dumpster.

5. EQUIPMENT SPECIFICATION AND SAFE USE:

Western Elite will deliver a light duty dumpster with an approximate capacity of 8, 15, 30 or 40 cubic yards. Allowable Waste (“Debris”) may be loaded to the top rail of the dumpster. Debris may NOT be loaded above the top rail. Heavy materials such as concrete, dirt, brick, rock, sand, asphalt and sod shall only be loaded into an 8 cy lowboy dumpster, and shall not fill the dumpster higher than the top rail. Heavy materials shall not be loaded into a 15 cy, 30 cy or 40 cy dumpster. Waste must also be loaded evenly so that the distribution of weight is centered in the dumpster.

Safety is our main concern when loading and hauling dumpsters. You are responsible for proper loading of the dumpster. Overloaded, improperly loaded and/or overflowing dumpsters are dangerous. An overweight dumpster or a dumpster loaded beyond the top rail can cause a dangerous weight imbalance during transport that may result in an accident or a traffic violation. Customer is responsible for overweight or incorrectly loaded dumpster, and will be asked to remove excess debris that causes the dumpster to be overloaded or overweight.

If the dumpster is too heavy to pick up, not evenly distributed, overfilled with debris above the top of the dumpster, or the driver has safety concerns about picking up the dumpster, the customer will be charged $105.50 for the failed pick up. Western Elite will notify you of the problem, which must be corrected before the next pick-up attempt is made. If Western Elite does pick up a dumpster weighing more than 8 tons (16,000 pounds), you will be charged $60 for each ton above the 8-ton limit. If Western Elite picks up an overloaded dumpster, you will be charged an overloaded fee of $100.00.

6. DAMAGE TO OR LOSS OF DUMPSTER DURING THE RENTAL PERIOD:

Customer must notify Western Elite if the dumpster is damaged during the Rental Term. Rent will continue without discount and will not terminate until the day that it is received back at Western Elite’s site unless it is determined by Western Elite that the dumpster was delivered in such damaged condition. Customer is responsible for any cost of repair for the damaged dumpster, or the full purchase cost of equivalent new equipment in the event a dumpster is stolen or damaged beyond repair, in our sole determination, during the Rental Period.

7. DAMAGE TO PROPERTY OTHER THAN DUMPSTER:

Western Elite shall not be liable for damage to any concrete, asphalt, grass or other surface, or water lines or other subsurface systems, whether arising during the Rental Period or thereafter. Nor shall Western Elite be liable for damage or injury to any structure, equipment, vehicle or other item during delivery, pick up or the Rental Period, except to the extent caused by the negligence of Western Elite or its employees.

Dumpsters are heavy even without overloading and may cause damage to the surface on which they rest and underground lines and systems. You are responsible for determining suitable placement of the dumpster to minimize exposure to such damage and damage during delivery or pick-up of the dumpster by Western Elite. Overloading of a dumpster can also cause damage to the container and to the equipment hauling the container.

8. CARE OF EQUIPMENT:

Customer agrees to provide proper care of dumpster and to return the dumpster in good working condition at the end of the Rental Period. Customer shall not perform any modifications, alterations, or changes to the dumpster without prior written consent of Western Elite. Any unauthorized modifications will be removed and equipment will be corrected to original status, at Customer expense. Customer shall comply with all laws, regulations, and ordinances, existing and as amended, relating to the operation and use of the dumpster and disposal of waste materials therein (“Applicable Laws”). Western Elite may terminate this agreement at any time for reasons of misuse or neglect of the equipment, violation of any Applicable Laws, or breach of this Contract by Customer.

9. INDEMNITY:

Customer agrees to defend, indemnify and hold Western Elite, its officers, directors, employees, contractors and agents (“Indemnified Parties”) harmless from and against any claim for damages or injury to person or property; any and all claims, damages or losses claimed by any third party arising out of or resulting from the failure to comply with the provisions of this Contract; and/or the use or misuse of the rented dumpster or violation of Applicable Laws, by Customer or Customer’s employees, contractors or agents except to the extent that such claims, damages or losses are attributable to the negligence, misconduct or omission of Indemnified Parties.

10. DEFAULT:

It is expressly understood and agreed that this is a Dumpster Rental Contract only, and that nothing contained in this agreement shall be construed as conveying to the Customer any right, title or interest in the equipment, other than as a rental. Should the Customer fail to return the dumpster or to make it available for pick-up at the end of the Rental Period and at a reasonable time during Western Elite’s regular business hours, Western Elite may without notice or court order, enter upon the Customer’s premises or such other location as the dumpster may be to retake possession and remove the dumpster. All costs incurred by Western Elite in such removal shall be at the Customer’s expense. The Customer hereby waives any claim for damages arising from any such entry, taking, or removal.

11. OTHER CONTRACT STIPULATIONS:

• This Contract and the rights and obligations of the parties hereunder shall be governed by and construed under the laws of the State of Nevada. In any legal proceeding arising out of or related to this Contract, the prevailing party shall be entitled to reasonable attorneys’ fees and out-of-pocket costs, in addition to any other relief to which such party may be entitled.
• Any controversy, claim, counterclaim or dispute arising out of or relating to this Agreement, or the breach thereof, unless otherwise settled, shall be decided by binding arbitration pursuant to NRS 38.206 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
• This Contract constitutes the full and complete understanding and agreement of the parties with respect to the subject matter hereof and the parties’ ongoing business relationships, and may be modified or updated periodically at Western Elite’s sole discretion while still remaining binding.
• By placing an order with Western Elite, Customer shall be obligated to pay all sums assessed hereunder. Payments not made when due shall accrue interest at the legal rate of interest, which at this time is 18% per annum.