Service Agreement
Overview
Payment
Deposit Due at Signing: 50% up to $1,000
Amount Due After Completion: Remaining Balance Less Deposit
Warranties
Plants: 90 Days
All Non-Organic Materials: 1 Year
Equipment: Manufacturer’s
Estimated Time of Completion: Within 30-90 Days or Less After Signing & Deposit
Cancellation
Notice of the right to rescind or cancel this Agreement, without any penalty or obligation, within three (3) business days after the execution of this Agreement. If you wish to cancel this Agreement, please call us at (702) 518-9241 and send an email to home@solgaiafamily.com.
Agreement
1. Agreement
This Agreement is between SolGaia, SolGaia’s contractors, and the Owner only. Any changes must be in writing by an authorized representative of SolGaia. SolGaia is a general contractor group responsible for organizing, project managing, payment processing, and providing customer service for the scope of work outlined in this Agreement, which will be completed by their contractors listed.
2. Effective Date
This Agreement does not become effective until signed by the Owner and a representative of SolGaia, and a copy has been provided to the Owner (the “Effective Date”).
3. Services
The Owner and SolGaia acknowledge and agree that the service(s) to be completed at Owner’s property will be by SolGaia’s contractors (the “Services”).
4. Estimates
SolGaia makes no guarantees, representations, or warranties regarding equipment output or production, expected utility rate increases, or any other factors used to calculate the Owner's utility payments or savings. No production estimates, whether given verbally or in writing, shall be legally binding, and are merely intended as informational estimates.
5. Utility Bill
SolGaia is not responsible for the Owner’s utility bill for equipment malfunctions out of SolGaia’s control that can affect the Owner’s utility bill, acts of God, unforeseen equipment damages not caused by SolGaia’s contractors, failed inspections for work not performed by SolGaia’s contractors, or any delay in project caused by the Owner.
6. Party Representation
SolGaia is the general contracting group for the contractors listed on this Agreement, who will organize, project manage, provide customer service, and handle warranty claims for the Service(s) at the Owner's Property. SolGaia will assist the Owner in preparing documentation and scheduling inspections to receive any necessary permits to complete the Services. The Owner acknowledges ownership of the property and authorizes SolGaia’s contractors to perform the Service(s). The Owner confirms they are acting as the owner-builder for the Service(s), meaning they are responsible for obtaining any necessary permits in their name and scheduling inspections.
7. Scope of Work
This Agreement is for residential installation, maintenance, and/or repair services. Extra work must be provided on contract. This Agreement does not include an obligation by SolGaia’s contractors to: remove or dispose of any hazardous substances that currently exist on the Owner’s property; improve the construction of the Owner’s property to support the Service(s) (unless included in this Agreement); remove or replace existing rot, rust, or insect-infested structures; provide structural framing for any part of Owner’s property (unless included in this Agreement), pay for or correct construction errors, omissions, or deficiencies by the Owner or their contractors; pay for, remove, or remediate mold, fungus, mildew, or organic pathogens; upgrade the Owner’s existing electrical service (unless included in this Agreement); pay for the removal or relocation of equipment, obstacles, or vegetation in the vicinity of the Service(s) (unless included this Agreement), pay for any costs associated with municipal design, architectural review, or other specialty permits.
8. Warranties
Other than the warranties provided by the product’s manufacturer, the Owner acknowledges that, with respect to the products sold to the Owner, SolGaia does not make any expressed or implied warranties and the products are provided “as is,” except that SolGaia’s contractors will provide labor and workmanship for a period of ninety (90) days for plants, and one (1) year for labor and workmanship for all other non-organic materials. Except for the express warranties state herein, SolGaia disclaims all warranties, express or implied, on products furnished hereunder, including without limitation all implied warranties of design, merchantability or fitness for a particular purpose or arising from a course of dealing, usage or trade practices and non-infringement of third-party rights. If the Owner, the Owner’s representative, agent, or any non-affiliated SolGaia personnel, tamper with any part of the Service(s), these warranties shall be null and void. The Owner will be responsible to pay SolGaia for all damages that SolGaia may incur. Failure to perform proper maintenance, when necessary, may void these warranties.
Maintenance Requirements
To maintain these warranties, the Owner must perform the following regular maintenance:
HVAC
Replace or clean air filters as recommended by manufacturer.
Schedule and complete annual HVAC maintenance performed by a licensed HVAC contractor.
Retain proof of service records and provide them if a warranty claim is made.
Maintain adequate electrical supply, ventilation, and clearance around installed equipment.
Landscaping
Adequate and consistent watering of all plants, shrubs, and trees as recommended.
Routine trimming, pruning, and fertilization according to industry standards.
Proper seasonal preparation, such as winterization of irrigation and drainage systems.
Maintaining mulch, rock, or ground cover levels to protect plant root systems.
Cleaning debris, leaves, or obstructions from drains, water features, and irrigation heads.
Adjusting irrigation timers for seasonal changes to avoid overwatering or under-watering.
Monitoring soil conditions to ensure proper drainage and prevent standing water.
Protecting plants and turf from damage caused by pets, vehicles, or heavy equipment.
Reporting any warranty concerns to SolGaia promptly before further damage occurs.
Solar
Cleaning the surface of the panels periodically when dirty to to remove dirt, droppings, and other debris that blocks sunlight and decreases performance
Trimming trees, shrubs, branches, and anything else causing shading to the system, which decreases performance.
Aesthetic Preferences
Landscaping is a living and evolving system and natural variations are to be expected. These variations do not constitute a defect and are not covered under this warranty. SolGaia makes no warranty, expressed or implied, regarding the aesthetic outcome of landscaping installations. This includes, but is not limited to:
Variations in plant size, shape, growth rate, or color from expectations or examples.
Natural changes in appearance of plants, turf, or trees due to seasonal cycles, maturity, or pruning.
Differences in paver, rock, or turf color and texture due to natural material variations.
The Owner’s dissatisfaction based on subjective opinions of beauty, style, or “visual expectations.”
Limitations
This warranty does not cover, and SolGaia and their contractors shall not be responsible for:
Normal wear and tear.
Cosmetic damage that does not affect functionality.
Damage caused by caused by intentional acts, vandalism, misuse, pests, insects, rodents, gophers, diseases not directly attributable to workmanship or defective materials, heavy traffic, vehicles, furniture, misuse of hardscape and turf areas beyond normal residential use, natural disasters, extreme weather (heat, frost, flooding, drought, windstorms, hail), “acts of God,” and anyone or anything other than SolGaia’s contractors.
Condensation related to humidity levels indoor or outdoor.
Normal growth, decline, or dormancy cycles of plants, shrubs, turf, or trees.
Turf discoloration, weeds, or deterioration caused by homeowner neglect, improper watering, or chemical applications not performed by SolGaia’s contractors.
Paver fading, efflorescence, staining, or surface wear due to weathering, chemicals, or normal aging.
Irrigation system failures due to freezing, power surges, homeowner adjustments, neglect, or tampering.
Any repairs, alterations, or replacements performed by individuals or companies other than SolGaia’s contractors.
9. Liability & Insurance
SolGaia is a brand by Plant Strength LLC, a Nevada Limited Liability Company. If any of SolGaia’s contractors damage, or their improper workmanship results in damage to, the Owner’s Property, their general liability insurance will cover the costs of all parts and labor for repairs up to $1,000,000. SolGaia and their contractors aren’t responsible for pre-existing damage or underperforming parts.
10. Force Majure
If the performance of this Agreement, or any obligation hereunder except the making of payments hereunder is prevented, restricted, or interfered with by reason of: any act of god, terrorism, fire, flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies or power, war or other violence; or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of such prevention, restriction, or interference; provided that the party so affected will take all reasonable steps to avoid or remove such cause of non-performance and will resume performance hereunder with dispatch whenever such causes are removed.
11. Severability
If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
12. Assignment
The Owner’s duties and obligations cannot be assigned or delegated without written consent from SolGaia. No waiver will be implied from conduct or failure to enforce rights, and no waiver will be effective unless in writing and signed by the party against whom the waiver is asserted.
13. Attorney Fees
In any action to enforce this Agreement, the prevailing party will be entitled to recover all court costs and expenses and reasonable attorney fees, in addition to any other relief to which it may be entitled.
14. Payment
The Owner is responsible for all payments, and all amounts are due as set forth in this Agreement. In the event of a breach of this Agreement, the Owner agrees that they’re responsible for all costs/damages suffered by SolGaia.
15. Cancellation
The Owner may cancel this Agreement, without any penalty or obligation, within three (3) business days after the execution of this Agreement by calling SolGaia at (702) 518-9241, and emailing them at home@solgaiafamily.com. After the first three (3) business days, the Owner may cancel this Agreement up until SolGaia starts their work for a full refund of any money paid less the $1,000 non-refundable deposit for design and permitting due at signing. SolGaia will not provide refunds for started or completed work.
16. Entire Agreement
This Agreement and any attachments incorporated or referred herein constitute the complete, final, and exclusive statement of the terms of the Agreement between the parties and supersede all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to this subject matter. Any provisions in any acknowledgment form or other document prepared by the Owner which vary from or are additional to the provisions of this Agreement will not bind SolGaia and are expressly rejected. This Agreement may not be varied, modified, altered, or amended except in writing signed by the parties.
Nevada Recovery Fund
If you are a person financially damaged by a licensed contractor who performs work on your residence, you may be eligible to recover certain financial damages from the Residential Recovery Fund.
Eligibility & Guidelines
Eligibility: The Residential Recovery Fund is designed to assist homeowners who have experienced losses due to properly licensed contractors. Claimants are encouraged to explore other avenues for recovery, such as surety bonds or cash bonds, before seeking assistance from the Fund.
Eligibility Criteria: The Residential Recovery Fund is available exclusively to homeowners of single-family residences who meet the following criteria:
They have entered a contract with a licensed residential contractor since October 1, 1999.
They have suffered actual damages.
They have exhausted all other means of recovery.
Exclusions: The Fund is not available to homeowners who have hired unlicensed contractors or those who do not reside in single-family residences.
Not Guaranteed: It’s essential to note that the Fund does not guarantee the recovery of the entire loss. If a claimant has already received compensation from other sources, the Fund will deduct that amount from the claim, paying the difference from the Fund.
State Contractors Board
9670 Gateway Drive, Suite 100
Reno, NV 89521
(775) 688-1141
State Contractors Board
2310 Corporate Circle, Suite 200
Henderson, NV 89074
(702) 486-1100
You may file a complaint with the Public Utilities Commission of Nevada or the State Contractors Board. Complaints to the Commission can be submitted to: puccompliance@puc.nv.gov or by calling (775) 684-1141.
Before the execution of the Agreement, you may request any document used in the solicitation, offer or transaction for the agreement in any language.
SolGaia by Plant Strength LLC
(702) 518-9241 • solgaiafamily.com
732 S 6th St, STE V
Las Vegas, NV 89101
#NV20222419401