Terms and Conditions

ARTISTIC EDGES – TERMS & CONDITIONS

Kenneth Ossowicz LLC d/b/a Artistic Edges (“Contractor”) agrees to perform decorative curbing services for the party listed on the Quote (“Customer”). Acceptance of the Quote constitutes agreement to the following terms.

1. FIXED PRICE COMMITMENT

The quoted price is an all-inclusive, turnkey price based on the scope reviewed on-site.

Minor adjustments required during installation—including small irrigation adjustments, minor root interference, or standard obstacles—are included at no additional cost.

If Contractor overlooks a minor item during the initial evaluation, that responsibility is absorbed by Contractor and does not result in additional charges to Customer.

2. SCOPE CHANGES

Any work beyond the originally agreed scope—including but not limited to major irrigation reconfiguration, drainage modifications, grading changes, or structural alterations—will require Customer approval and may result in additional cost.

All scope changes must be documented in writing (including email or text acknowledgment).

3. PAYMENT TERMS

A 50% deposit is required to secure scheduling and initiate material procurement. Scheduling is not confirmed until deposit is received.

Once materials are purchased, the deposit becomes non-refundable.

Final payment is due immediately upon substantial completion.

Nonpayment may result in a lien, collection action, and responsibility 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 the agreed scope.

4. CANCELLATIONS / RESCHEDULING

Rescheduling within 48 hours of installation may incur a fee.

If Customer cancels after materials have been purchased, the deposit is forfeited.

Weather or conditions beyond Contractor’s control may delay scheduling or completion without liability.

Contractor reserves the right to reschedule or cancel if site access, safety, or conditions prevent proper installation. Any unused funds for unperformed work will be refunded.

5. SITE CONDITIONS / CUSTOMER RESPONSIBILITIES

Customer must provide clear and safe access to the work area, including access to water and electricity.

Customer is responsible for identifying and clearly marking all sprinkler heads, irrigation lines, low-voltage wiring, cable lines, invisible fences, drainage systems, and any underground or concealed items prior to installation.

Contractor is not responsible for damage to unmarked, improperly marked, shallow, or undisclosed systems.

Customer is responsible for confirming property boundaries and ensuring installation does not encroach on neighboring property or restricted areas.

Minor turf disturbance, soil displacement, and small irrigation adjustments are considered normal and are included as part of the installation process.

6. INSTALLATION & MATERIAL CHARACTERISTICS

Concrete is a natural material. Minor color variation, surface texture differences, and hairline cracking are normal and not considered defects.

Exact color matches cannot be guaranteed. Samples and photos are approximations.

Curbing follows existing grade and contours unless otherwise specified.

Decorative curbing is not designed for vehicular or heavy equipment traffic.

7. CARE & WARRANTY

Concrete remains vulnerable during the first 24 hours. Weather-related damage during this period will be repaired at no charge; damage after this period is billable.

Workmanship and materials are warranted for one (1) year against manufacturing defects.

The 6-Year Color Protection Plan requires resealing every 18 months. Failure to maintain resealing voids color coverage.

Warranty does not cover damage caused by neglect, vehicles, equipment, chemicals, roots, ground movement, or acts of nature.

Contractor’s total liability shall not exceed the contract price.

8. DELAYS / CORRECTION PERIOD

Contractor is not responsible for delays caused by Customer, third parties, or site conditions.

Customer must notify Contractor of any concerns in writing and allow a minimum of 30 days for correction before seeking outside remedies.

9. TERMINATION / CONDUCT

Either party may terminate for material breach, including nonpayment.

If Customer terminates after deposit payment, Contractor may retain the deposit as liquidated damages.

Contractor may terminate immediately if Customer or their representatives engage in abusive, unsafe, or obstructive behavior. Customer remains responsible for all work performed and costs incurred through termination.

10. LIABILITY / INDEMNIFICATION

Customer agrees to hold Contractor harmless from third-party claims arising from conditions outside Contractor’s control.

Contractor is not liable for incidental, indirect, or consequential damages.

Total liability is limited to the contract price.

11. INSURANCE

Contractor maintains appropriate insurance coverage for its operations.

12. DISPUTE RESOLUTION / GOVERNING LAW

Customer is responsible for obtaining any required HOA approvals.

Disputes shall first proceed through mediation, then binding arbitration if unresolved.

This Agreement is governed by Florida law with venue in Lee County.

13. MISCELLANEOUS

Contractor may photograph completed work for marketing purposes.

Communication and approvals via text or email are considered binding when acknowledged.

This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions.

If any provision is deemed unenforceable, the remaining provisions shall remain in effect.