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Apex Outdoor Enterprises LLC

Terms and Conditions

These Terms and Conditions apply to estimates, quotes, service requests, work orders, invoices, and services provided by Apex Outdoor Enterprises LLC ("Apex," "we," "us," or "our"). By approving a quote, requesting or authorizing service, signing a work order, allowing work to proceed, or paying an invoice, the customer agrees to these Terms and Conditions.

1. Scope of Work

Apex will perform only the work described in the applicable quote, estimate, work order, service request, or invoice. Any work not specifically included is outside the agreed scope unless added by written or electronic authorization.

Quotes and estimates are based on conditions reasonably visible or known when prepared. Hidden, concealed, underground, pre-existing, or otherwise unknown conditions may require additional work and additional charges.

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2. Additional Work and Change Authorization

If Apex discovers additional repairs, defects, site conditions, or work outside the approved scope, Apex may pause the work and provide revised pricing or a change authorization. Additional work will not be performed without customer authorization, except when immediate action is reasonably necessary to prevent ongoing property damage, protect safety, or secure the site.

Authorization may be provided by signature, email, text message, approved electronic quote, recorded verbal approval where legally permitted, or other written/electronic confirmation accepted by Apex.

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3. Customer Responsibilities

The customer must provide safe and reasonable access to the property and to irrigation controllers, valves, water supplies, electrical controls, backflow devices, mechanical areas, gates, and other locations needed to perform the work.

The customer is responsible for providing accurate information about the property and disclosing known private utilities, invisible fencing, landscape lighting, drainage systems, septic components, private water lines, low-voltage wiring, buried structures, or other underground items that may not be identified by public utility locating services.

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4. Underground Utilities and Excavation

Apex will use reasonable care when trenching, digging, probing, or excavating. Public utility locating services generally do not mark privately installed lines or systems. To the fullest extent permitted by law, Apex is not responsible for damage to unmarked or inaccurately marked private utilities, irrigation components, invisible fencing, septic components, drainage lines, landscape lighting, private electrical or communication lines, or other concealed items that were not reasonably identifiable before work began.

Irrigation work may disturb turf, mulch, planting beds, pavement edges, roots, or landscaping. Unless specifically included in the scope, restoration is limited to reasonable backfilling and replacement of disturbed material and does not guarantee restoration to pre-work appearance.

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5. Existing Systems and Repairs

Repairing, modifying, activating, winterizing, or inspecting part of an existing irrigation system does not constitute a warranty or certification of the entire system. Apex is responsible only for the specific work it performs, subject to any written warranty provided for that work.

Additional defects may become apparent after pressure is restored, zones are operated, weather changes, or repaired components allow other portions of the system to function. Those conditions may require separate authorization and additional charges.

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6. Seasonal Services

Spring startup and winterization are limited to the services described in the applicable service package or work order. Winterization reduces the risk of freeze damage but cannot guarantee that every component is free of water or protected from all freeze conditions, particularly where system design, drainage, hidden low points, defective valves, or inaccessible components affect the process.

Customers should promptly report operational concerns discovered after startup or service. Minor head alignment, controller programming, or similar adjustments are not necessarily evidence of defective workmanship.

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7. Scheduling, Weather, and Delays

Service dates and arrival windows are estimates unless expressly confirmed otherwise. Weather, soil conditions, utility locating, permits, material availability, access issues, emergencies, equipment problems, and other circumstances outside Apex's reasonable control may affect scheduling or completion.

Apex may reschedule work when conditions are unsafe, unsuitable, or likely to cause unreasonable property damage.

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8. Pricing, Deposits, and Payment

Prices are as stated in the applicable quote, estimate, work order, or invoice. Deposits, progress payments, and final payment requirements will be shown on the applicable document when required.

Unless otherwise stated, invoices are due upon receipt. Past-due balances may be subject to late charges, collection costs, returned-payment charges, and other amounts permitted by applicable law and disclosed by Apex. The customer is responsible for reasonable costs of collection to the extent permitted by law.

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9. Cancellations and Rescheduling

Apex may charge a reasonable cancellation, trip, or service fee when a customer cancels or reschedules after crews, equipment, materials, subcontractors, or special-order items have been committed. Any applicable fee will be disclosed when practical.

Special-order or non-returnable materials may be charged to the customer if purchased specifically for an approved project.

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10. Warranties

Any Apex workmanship warranty will be stated in writing on the applicable quote, contract, invoice, or warranty document. Manufacturer warranties on equipment and materials are provided by the manufacturer and are subject to the manufacturer's terms.

Warranty coverage does not apply to damage or failure caused by freezing, misuse, vandalism, animals, landscaping or construction activity by others, vehicle traffic, utility work, lightning, power surges, water-quality issues, excessive pressure, lack of maintenance, unauthorized repairs or modifications, or conditions outside Apex's control.

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11. Customer Review and Completion

The customer should inspect completed work when reasonably possible and promptly notify Apex of apparent concerns. Signing a completion acknowledgment or paying an invoice confirms receipt of the work and does not waive any rights that cannot legally be waived or any written warranty provided by Apex.

Unresolved items should be reported to Apex as soon as reasonably possible so they can be reviewed while site conditions are still readily observable.

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12. Photos, Records, and Communications

Apex may take photographs, videos, measurements, notes, and system information as reasonably necessary to document site conditions, perform work, support estimates, maintain service history, and resolve questions. Apex will not intentionally publish identifiable customer information for marketing without permission where permission is required.

The customer agrees that Apex may communicate about service, scheduling, estimates, invoices, payments, and account matters by phone, email, and text message using the contact information provided. Marketing communications are subject to applicable consent and opt-out requirements.

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13. Electronic Signatures and Approvals

Electronic signatures, online approvals, email approvals, and text-message approvals are intended to have the same effect as handwritten signatures to the extent permitted by law. The customer is responsible for ensuring that anyone approving work on the customer's behalf has authority to do so.

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14. Limitation of Liability

To the fullest extent permitted by law, Apex will not be liable for indirect, incidental, special, exemplary, or consequential damages, including loss of use, lost profits, or damage arising from conditions outside the scope of Apex's work. Nothing in these Terms limits liability that cannot legally be limited.

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15. Governing Law

For services performed in Virginia, these Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles. Any mandatory consumer rights or contractor requirements under applicable law remain unaffected.

16. Changes to These Terms

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Apex may update these Terms from time to time. The version provided with or linked from the applicable quote, work order, invoice, or service request will govern that transaction unless otherwise agreed in writing.

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17. Contact

Questions regarding these Terms may be directed to Apex Outdoor Enterprises LLC, 15200 Virts Lane, Waterford, VA 20197, info@AOEIrrigation.com, or 571-901-2739.

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