Additional Information for Utopian Landscapes, LLC

• Christmas Decor of Harrisburg

• Mr. Nikos Phelps, Co-Owner
• Ms. Terra E Phelps, Co-Owner

Principal

• Mr. Nikos Phelps, Co-Owner
• Ms. Terra E Phelps, Co-Owner

Customer Contact

• Ms. Terra E Phelps, Co-Owner

Harrisburg, Hershey, Mechanicsburg, Lebanon, Camp HIll, Enola, and Surrounding Areas. 

• Cash, Check, ACH, all Major Credit Cards. 

• Warranty and Tolerances 
  Payments Received: The Warranty for the contract is only valid if payment is received in full on acceptance of the work.
  Diligence: the Contractor agrees to carry out its Work diligently and to provide sufficient supervision and inspection of its staff and subcontractors and that it’s work will be of proper and professional quality, and in full conformity with the requirements of the contract.
  Competence: the Contractor warrants that it is competent to perform the Work and that it has the necessary qualifications including knowledge and skill with the ability to use them effectively.
  Site Unknowns: It is the responsibility of the Client or the Client’s Representative to fully inform the Contractor of all the information regarding site unknowns that may include difficult buried materials, cables, and pipes, tree stumps, drainage or water table issues, rock and shale sub-surfaces and/or other impediments, issues or factors that could otherwise impact the quality, cost and timeliness of project completion. Failure to notify the Contractor may lead to additional costs to the Client (at the Contractor’s discretion) and schedule time not included in the Quotation in Schedule 1, and may require changes in design and construction to overcome such problems – all for which the Client will be responsible. Client can avoid such risks by permitting the Contractor to do appropriate soil and ground tests, review the site, and to secure additional required site information from appropriate government and other authorities. The cost(s) of such additional work is not included in the Quotation in Schedule 1 attachment.
  Damaged Utilities: Should damage occur to utilities during construction, the Contractor is only liable for the cost of the repair. the Contractor is not liable in any way for inconvenience to the Client caused by damage to the utilities.
  Damage to neighbors buried utilities, on the Client’s property, are the responsibility of the Client.
  Building/Window/Vehicle Washing: Buildings, windows, or vehicles of the Client, including neighbors, are not intended to be kept clean due to dust during Construction or Work performed by the Contractor. Any necessary cleaning due to Construction or Work by the Contractor will be the responsibility of the Client.
  
  Material Tolerances
  Wood: Pressure treated wood cannot be guaranteed against warp age, checking, or cupping. Cedar is expected to crack especially 6X6 up to 3/8 inch gaps and the entire length of the wood. Ipe is expected to crack especially 4X4 up to 3/8 inch gaps and the entire length of the wood.
  Stone: Natural stone has color variations that vary from stone to stone. In addition, mineral deposits such as lime, iron, etc. can change the stone and even bleed. This is the nature of the product and the Client accepts this as a natural and acceptable quality of the stone.
  Metal: Metal, which is not galvanized, is not guaranteed form rusting commencing immediately after installation.
  Concrete: Spider cracks (hairline stress-fractures) are considered a normal characteristic of all types of concrete.  Concrete may crack substantially over time due to proximity of tree roots. Colored concrete consistencies vary from truck to truck; therefore it is not possible to produce an exact match with pours over nine meters. The Client absolves the Contractor of liability if “smooth” concrete is the desired finish (due to slippage).
  Warranty Time Period: the Contractor warrants all construction and installation for a period of one (1) year, providing that they have been maintained properly. All construction materials are subject to manufacturer’s specific warranties/guarantees. Planting is warranted for one (1) year if there is an approved irrigation system.
  Client Responsibilities: The Client recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations in keeping with standard quality maintenance requirements in order for the Warranty to remain in affect. Failure to properly maintain materials or horticulture installations will void the warranty. Client further recognizes and agrees that damage to construction, materials, horticulture elements and other warrantable items of the project will not be warranted if the damage or loss is due to elements beyond the control of the Contractor. For example, flooding eaves troughs that damage plants, fallen branches, animal caused damage, frozen/ burst irrigation or drainage pipes that were not seasonally drained at the proper time, use of improper chemicals, improper maintenance, extreme or unusual weather conditions, and similar and/or related situations – void all warrantees provided by the Contractor.
  Use of Client Selected and Approved Substandard Materials: Client recognized and agrees that if the Client has chosen and approved the use of substandard materials for any application that the one year warranty will be void or otherwise limited in writing on those items so impacted, but will remain in affect for all other elements of the project not impacted directly or indirectly by use of substandard materials. the Contractor will notify in writing to the Client any material that the Client has selected that would negatively impact the one year warranty of the Contractor – prior to purchasing and/or installing such materials.
  Material Grades: The Client recognizes that all materials come in a range of grades of quality and finishes, and that natural materials are not perfect. Natural wood have knots, and other natural materials have variability in color due to a wide range of factors, and that sample while useful in material selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation. the Contractor shall endeavor to enable the Client to see or understand the representative range of color, surface texture, and related of all materials begin seriously considered for installation on a project, however, it will be responsibility of the Client for the final selection of those materials. Once the selection has been approved by the Client, the Client will be responsible for all costs associated with changing any given material should the Client change their mind during or after material is purchased or constructed.

  Pennsylvania Home Improvement Contractor Act (HICPA)
  PA Contractor No. 060197
  Liability Insurance maintained via Enders Insurance Agency at 1M.
  Right of Rescission: An individual signing a home improvement contract, except as
  provided in the emergency provisions of section 7 of the act of December 17, 1968 (P.L.
  1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law, shall be
  permitted to rescind the contract without penalty regardless of where the contract was
  signed, within three business days of the date of signing.
  Client may rescind the contract within three business days of signing.
  Bureau of Consumer Protection: Toll free in PA: 1-800-441-2555

  Exclusions 
  
  The Following matters are excluded from the Work, unless specified in writing to the contrary:
  Damage to existing irrigation lines during construction is considered to be an additional cost.
  Drainage: Should the Client’s property be the lowest elevation in relation to surrounding property or buildings, the Contractor, Inc. reserves the right to retain a Soil Engineer to evaluate and propose drainage solutions. All costs for engineering services, as well as the actual drainage work will be at the Client’s expense. Unless the Client has a detailed Topographical survey completed, the above clause may come into effect.
  Painting and Staining
  Conduit and connections for electrical, gas, and all other utilities and services
  Site Unknowns:  Including, but not limited to, sub-surface conditions/obstacles that create unforeseen labor, equipment, material or disposal charges
  Homeowner is responsible for any permitting that may be needed.  

  Planting + Plant Warranty 
  PLANTS 
  Trees and Shrubs: All trees and shrubs are warranted on a limited basis for one year from the date of installation, provided that the Contractor is in agreement that the plants are sufficiently hardy and appropriate for the soil, climate, and weather conditions associated with the site, and that they are properly maintained in keeping with standards for assuring the longevity of such plants.

   

  Perennials: Perennials are guaranteed for the same-planted season only."Delicate” Plants, such as crape myrtles and plants that are not typically suitable for the Client’s plant zone, may come with no warranty, due to the risk involved. These plants will be listed in the Planting Estimate in bold.
  Winter Protection: All evergreens, broadleaf evergreens and delicate plants must be burlapped in their first season to validate warranty. The Contractor provides this service at an additional cost.
  Plant Seasonality: Various plants, bushes, shrubs, and trees have ideal times for planting. Planting out of season at the request of Clients will void any warranty for those plants. the Contractor will point out in writing to the Client any requested planting that will void the warranty on those plants so affected by out of season planting. The Client reserves the right to request that plants that cannot be planted with out voiding the warranty be exchanged or planted in the next plantable season without any additional costs being borne by the Client.
  Plant Availability: In some instances, some plants, shrubs, bushes, and trees may not be readily available to procure in time for the required planting period associated with the Contract. In that event, the Contractor will recommend or approve substitution(s) – subject to availability. Plants that vary will be subject to approval by the client.
  Plant Diseases: Should the Client recognize ill health in the plants, shrubs, bushes, or trees that have been supplied under the Contract, it is the Client’s responsibility to immediately inform the Contractor. the Contractor will determine the nature and source if the illness either himself or with the use of a specialist. If it is deemed that the plant was infected prior to installation, the Contractor reserves the right to first using herbicides, fertilizers, and insecticides to return the plants to good health. Should efforts to restore the plant’s heath fail, the Client is entitled to a refund only. Due to plant availability, the Client assumes the risk and liability of rare specimens. However, the Contractor reserves the right to remove all or a portion of the warranty depending upon the nature of the source of the plant infections and the approved policies of the Contractor. In all cases, the Contractor shall work with the Client to minimize damage to the existing Contract related plants.
  Plant Replacement: the Contractor is entitled to up to one(1) year to source, match and replace dead or ill plants (due to scarcity and climate). The Client reserves the right to either a full refund within one (1) year or wait for a suitable replacement. Should the plant be a matching pair or series, and it is not possible to replace, the Contractor agrees to replace all plants in the series or pair at the Contractor’s cost.
  Lawns: New lawns that are under shade are not guaranteed. New lawns are guaranteed to be healthy at time of installation only.  Should new sod be damaged due to animals (pets or wild animals, i.e. raccoons, skunks) the Client will incur all costs for replacement. 
  Water Plants: Water plants are guaranteed for same-planted season only.
  Weeds: the Contractor shall use it’s efforts to minimize any weeds, however, the Contractor shall not be required to inspect or otherwise ensure that there is no weed or other unwanted plant matter upon the Client’s property in any soil or root balls/planting container of plant materials, nor shall it provide warranty for the removal of existing weeds.
  Horticultural Care Package: The Horticultural Care Package provided by the Contractor is a guide for the care and maintenance of all planning provided. Failure to comply with the guidelines set out therein shall void any warranty or guarantee provided by the Contractor whether express or implied.
  Replacement plant material: the Contractor does not guarantee plant material that has been transplanted on site. Replacement pant material is not guaranteed.
  Required Maintenance: the Contractor will provide technical specification sheets on all materials and horticulture constructed, erected, implemented or planted on the site as part of the Contract. Failure to follow the recommendations with equal, equivalent or superior maintenance efforts, tools and resources will void any Contractor warranty on items so affected. Where the Contractor recognizes that the Client lacks sufficient resources (water pressure, power outlets, and related) to enable the full maintenance and enjoyment of the materials, construction(s) and/or horticultural elements associated with this Contract, the Contractor will also inform the Client and recommend possible solutions. However, the Contractor is not obliged to be wary of such needs or to account for them in this Contract in terms of design, construction or costs, and the Client fully accepts responsibility for obtaining such knowledge and acting accordingly.
  Water Supply: Where water supply becomes an issue and negatively detracts from ponds, waterfalls, and other water features, the Client recognizes and agrees that such problems are the sole responsibility of the Client.

  AFTER OCTOBER 1ST PROPOSAL ONLY VALID FOR 7 CALENDAR DAYS
  ITEMS & CUSTOM OPTIONS
  C9s: May be customized to any color combination with: Warm White, Winter White, Gold, Orange, Pink, Red, Blue, Green, or Purple.
  C7s: Smaller than C9s. May be customized to any color combination with: Warm White, Winter White, Gold, Orange, Pink, Red, Blue, Green, or Purple.
  Greenery: 14" Garland and Commercial Grade Wreath(s) with Warm White Mini Lights and Red Bow. Lights and Bows may be customized at additional cost.
  Uplights: Ideal for highlighting architectural or landscape features, providing splash of color, and illuminating zones between rooflines and ground-lighting. Can be customized to different colors or patterns. Available colors are Warm White, Winter White, Red, Green, and Blue. 
  Mini Lights: Color Options Include Warm White, Winter White, Gold, Orange, Pink, Red, Blue, Green, or Purple.
  Digital Timer Service: Default setting 4 p.m. to Midnight. Please note any other preferred time setting prior to returning your proposal. 
  Christmas Décor’s service is comprised of the design, customization (if necessary), installation, service (as needed), removal and storage of holiday decor. All lighting and decorations remain the property of the service provider (unless previously owned by client). This is a lease agreement only and no goods are being sold. 
  LIGHTING AND DECORATIONS: Christmas Décor warrants the quality of our decorations and workmanship as
  provided below. Should you have any problems with the decorations, we want to correct them as soon as possible. 
  Repairs or service calls needed due to tampering, vandalism, extraordinary weather conditions, negligence, and customer added lights or decor are not warranted and will be billed as additional services at the rate of $75.08 per hour per person.
  PLEASE *DO NOT* ADJUST TIMER SETTINGS. Our team double-checks timer prior to leaving the site. A simple push of a button could cause all your lights to come on outside of the schedule or not come on at all. If you need to request timer setting changes after the initial install, other than what is listed on your contract, we will have to charge a service fee. If you need to troubleshoot a timer, please call and we can walk you through it.  
  
  Power failure or tripping of GFI circuits that occur as a result of inclement weather or faulty outlets cannot be the responsibility of Christmas Décor. We will perform required service calls to solve these issues but we cannot be held liable for damage that may occur as a result of these acts. GFI-related service calls are subject to invoicing at the rate above. 
  Upon re-installation, all non-functioning bulbs and/or miniature light sets will be replaced at no additional charge; this is included in the re-installation and removal charge.
  Changes to renewal contracts must be requested prior to September 1st or additional charges may apply. Early Installment pricing enables installation of lights (not greenery) as early as October 1st. Greenery installs to begin November 10.
  Unless otherwise noted, default color for all lights is warm white.
  As plants grow, we will add additional lights to any landscape lighting at our discretion and will be updated/reflected on the following year's contract. Any additional items requested at the time of service will also be invoiced accordingly.
  Renewal contract C9 items are eligible for FREE color changes on an annual basis. Color changes should be submitted no later than September 1st each year prior to the Christmas/Holiday Season. Mini and uplight options can be swapped to match new color scheme. Greenery may be customized at additional charge depending on piece. 
  Damages to home or property due to weather are not the fault or responsibility of Christmas Decor.
  We recommend annual gutter cleaning in order to ensure drainage and stormwater management are sufficient. Our installation accessories ie., C9 bulbs or Shingle Tabs may fall without our knowledge. They do not clog gutters solely, but MAY become lodged IF gutters are full of debris. We are not responsible for any issues that may result from non-maintained gutters.
  
  BILLING ISSUES AND QUALITY OF SERVICE: In the event that you have a question concerning any billing, contact
  our office within 7 days, or we will assume that billing is correct. All services, unless otherwise agreed, are billed at the time of
  installation, at which time payment is due. This normally would include materials, set up, installation accessories, removal, &
  take-down of décor. Storage of décor is included with the service; Christmas décor guarantees the quality of all material and workmanship, however any questions in regard to the quality of workmanship must be addressed within 7 days of service, or before the next service is to be performed, whichever comes first.
  Color selection errors on the client's behalf will be subject to pricing equal to the initial installation. For example: If you requested Winter White Rooflines, but realize you don't like the Winter White and want to switch to Warm White, our team will have to customize new strands or reinstall new/different product, therefore resulting in additional costs equal to initial installation of rooflines.  
  SEASONAL LIGHTING: Please be advised that all standard lighting that is installed is suitable only to be used as seasonal,
  temporary lighting, unless otherwise specified. Christmas Décor can only warrant seasonal lighting up to 90 days. Product life
  expectancy should not exceed 90 days when used continuously. Please consult your representative if you are interested in a
  permanent type of lighting. There is no permanent type of tree lighting available.
  PHOTOS: Please note, that unless otherwise agreed upon, Christmas Décor reserves the right to take photos of our décor
  services on your property, and use representations of these same photos for marketing purposes to include, but not limited to brochures, portfolios, social media, websites, or postcards. The use of photo representations does not imply any financial or other consideration will be given for said use. Residential identifiers such as mailbox/house numbers and/or license plates will usually be removed from marketing photos. Further, we reserve the right on commercial accounts to state the property name and/or address.
  TERMS AND CONDITIONS: A deposit is required at the time your order is placed. Full payment for every item and
  service is due upon completion Net 14. In the event payment is not made within terms on invoice, a time-price differential (FINANCE CHARGE) of 1.5% per month, but in no event in excess of the maximum amount allowed at law, shall be assessed and due on unpaid balance from the due date until payment is received in full by the Christmas Décor service provider.
  Accounts that aren't paid in full are not eligible for service, takedown or renewals. If payment results in extreme delays (after February), loss or damages to Christmas Decor owned lights or decor, additional fees will be added to final amount owed for the cost of goods. 
  Payments received will be applied first to any outstanding FINANCE CHARGE and the remainder to the unpaid balance on the account. In the event the purchaser fails to make payments as required, your account shall be considered to be in default and the purchaser shall be responsible for costs of collection and reasonable attorneys’ fees, as allowed by law.
  Client will provide all electrical power sources (outlets). If a requested item becomes unavailable, Christmas Décor reserves the right to substitute an item of equal or better quality, subject to customer agreement, or to delete the items off of the installation and invoice.
  Proposal does NOT include any service not listed such as removal of homeowner's previously installed lights, connection to homeowner decor, or installation of homeowner's decor. 
  PA Contractor No. 060197

   

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