Terms and Conditions

 

 

ARTISTIC EDGES LEGAL AGREEMENT
Kenneth Ossowicz LLC d/b/a Artistic Edges (“Contractor”) agrees to perform decorative curbing services for the party listed on the Estimate (“Customer”). Acceptance of this Estimate constitutes agreement to these terms.

1. CHANGE ORDERS All changes must be in writing or email. Customer shall pay all costs for requested modifications. Prior to installation, Contractor and Customer will conduct a pre-inspection walk-through (which may be video recorded). Design, color, and layout decisions are finalized at that time; later requests require a written change order and may incur additional cost.

2. PAYMENT TERMS A 50 % deposit is required to schedule work and purchase materials; once materials are purchased, the deposit becomes non-refundable. Final payment is due immediately upon substantial completion. Nonpayment may result in a lien and collection action; Customer is responsible for attorney’s fees, court costs, and interest at 1.5 % per month (18 % annually). Returned-check fee $30. Minimum project fee $1,250. Payments may not be withheld once work substantially conforms to this Agreement.

3. CANCELLATIONS / RESCHEDULING Rescheduling within 48 hours of installation may incur a fee. Weather or conditions beyond Contractor’s control may delay completion without liability. If Customer cancels after material procurement, the deposit is forfeited. Contractor may cancel if access or safety conditions prevent reasonable completion; unused funds for unperformed work will be refunded.

4. SITE CONDITIONS / CUSTOMER RESPONSIBILITIES Customer must provide clear, safe access including water and electricity, keep pets restrained, and ensure children stay clear during installation and curing. Customer must mark irrigation lines, lighting cables, fences, and property boundaries; Contractor is not responsible for damage to unmarked utilities or encroachment beyond unclear boundaries. Concrete is a natural material; minor blemishes, color variation, and hairline cracks are normal and not defects. Absolute uniformity cannot be guaranteed.

5. INSTALLATION / COLOR DISCLAIMER Exact color matches cannot be guaranteed; variations result from materials, pigments, tools, or weather. Photos and samples are approximations. Minor field adjustments may be made to accommodate landscaping or obstacles. Curbing follows existing contours unless grading is separately contracted. Decorative curbing is not commercial-grade; vehicle or heavy-equipment impact may cause damage for which Contractor is not liable.

6. CARE / WARRANTY Concrete is vulnerable during the first 24 hours; weather damage in that period will be repaired at no charge, all other damage billable. Workmanship and materials are warranted for 1 year against manufacturing defects. Control joints minimize but do not eliminate cracking. ColorGuard warranty extends 6 years if resealed every 18 months; failure to reseal voids color warranty. Warranty excludes damage from neglect, equipment, vehicles, chemicals, roots, ground movement, or acts of nature. Contractor’s liability shall not exceed the contract price. All implied warranties, including merchantability and fitness for purpose, are disclaimed.

7. DELAYS / CURE PERIOD Contractor is not responsible for delays caused by Customer or third parties. Customer must notify Contractor of any issue in writing and allow at least 30 days for correction before seeking outside remediation.

8. TERMINATION / BREACH / CONDUCT Either Party may terminate for cause limited to nonpayment or material breach. If Customer terminates after deposit payment, Contractor may retain the deposit as liquidated damages. If terminated for nonpayment, Customer remains responsible for work performed. Termination for Conduct:Contractor may terminate for cause if Customer or anyone acting on their behalf engages in abusive, hostile, or obstructive conduct that interferes with safe or effective performance. Customer remains liable for all work and expenses through the termination date; any deposit will be applied toward the balance due. Contractor has no further obligation to complete work following such termination.

9. INDEMNITY / LIABILITY Customer shall hold Contractor harmless from any third-party claims or damages arising outside Contractor’s control. Contractor’s total liability shall not exceed the total contract price. Contractor is not liable for incidental, indirect, or consequential damages and only for property damage caused by reckless conduct of its employees.

10. INSURANCE Contractor maintains appropriate insurance coverage for its operations.

11. DISPUTE RESOLUTION / GOVERNING LAW Customer is responsible for obtaining HOA approval before work begins; failure to do so does not relieve payment obligations. Disputes shall first undergo mediation, then binding arbitration if unresolved. This Agreement is governed by Florida law with venue in Lee County.

12. MISCELLANEOUS Contractor may photograph completed work for marketing. Communications and approvals by text or email are binding when acknowledged. All formal notices shall be in writing and delivered personally, by certified mail, or acknowledged electronic communication to the addresses listed on the Estimate, and shall be deemed received upon acknowledgment or three (3) days after mailing. Failure to enforce any provision or to exercise any right shall not constitute a waiver of that or any other right in the future. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid portion shall be modified to the minimum extent necessary to make it enforceable. This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions or agreements, whether oral or written. Prevailing Party in any action is entitled to attorney’s fees and costs. Acceptance of this Estimate constitutes acceptance of all terms above.