SERVICES TERMS & CONDITIONS:

Project Description & Scope of Work:

Installer agrees to furnish all labor, supervision, materials, equipment, and services necessary to complete the project as described in the attached Proposal, plans, drawings, specifications, and any incorporated documents (collectively, the “Scope of Work”).

• Scope Of Work:

The Owner acknowledges that they have carefully reviewed and approved the design, proposal, drawings and all applicable products, materials, finishes, and components contained therein and accepts responsibility for confirming that the Scope of Work reflects their intended selections and preferences. The owner acknowledges that has been given the opportunity to request revisions, corrections, substitutions, or changes during the consultation/design phase and communicated any changes to The Installer prior to final approval. Any subsequent request to modify, replace, remove, or add elements, products, materials, or components after final approval, may constitute a Change Order which may carry additional charges, material restocking fees, procurement fees, staff involvement fees, scheduling delays, or other associated expenses. The Scope of Work is subject to modification, change, or cancellation due to issues including but not limited to site conditions, underground ledge, buried objects, property boundaries, zoning & setback requirements by municipal authorities, material requirements, soil conditions, and other factors beyond the installer’s control during the course of the project. No work outside the expressly defined Scope of Work shall be performed unless authorized by the Client through a written Change Order duly executed by both parties.

• Change Orders:

All change orders shall be requested via writing, including email/text. Approvals are valid through text/emails or phone calls. All change orders balances are treated separately from the main project and payments are due upon approval. Change orders do not change the main project payment progress schedule. Changes orders will affect the completion timeline.

• Contract Documents Hierarchy:

In the event of conflict, documents shall govern in the following order: Signed Agreement. Change Orders. Proposal/Scope of Work. Plans & Drawings Specifications.

• Project Schedule & Phasing:

The project shall be completed in phases as outlined in the Proposal (if applicable). Start to finish dates are estimates only and subject to change. Installer shall not be liable for delays caused by, but not limited to: Weather or seasonal conditions, Permit or inspection delays – Material shortages or backorders – Utility conflicts, Owner delays or indecision, Unforeseen site conditions, Government actions or restrictions. No liquidated damages or penalties shall apply for delays.

• Contract Sum & Allowances:

Allowances for third parties’ services (If Applicable) – (e.g., electric, plumbing, waste disposal and/or fixtures) may be listed as allowances: If actual cost exceeds allowance; Owner pays difference. If cost is less; credit may be issued. Any other third parties related services such as trench excavation fees may apply.

• Payment Structure – (Progress-Based):

Payments shall be made as per payment schedule provided in the proposal: Initial Deposit: Mobilization Fee, Material pre-orders (non-refundable). Progress Payments tied to milestones (e.g., excavation, base work, installation phases). Final Payment due upon substantial completion walkthrough or minor punch-list remain.

• Final Payment:

Project is considered complete when: Work is functionally usable or minor punch-list items remain. Final payment is due at this stage. Final payment shall not be contingent upon the issuance, completion, approval, or closure of any permit or final inspection. The Owner acknowledges that any delay in obtaining, completing, or closing a permit shall not suspend, postpone, or otherwise affect the Owner’s obligation to make payments when due. Payments due upon invoice issuance within seven to fifteen (7–15) days net of invoice unless otherwise stated.

Online Payment & Processing Fees:

The Installer may provide a third-party online payment platform(s) to pay invoices. Convenience fees, transaction fees, credit/debit card processing fees, or other applicable payment-processing charges may be assessed in addition to the invoice amount. Such fees are imposed in

connection with the selected payment method and shall not be considered additional charges for services performed by the Installer. By selecting an online payment method, the Owner acknowledges and authorizes the applicable payment processor to process the invoice amount, together with any disclosed transaction or processing fees associated with the payment method, payment account information securely retained by the third-party payment processor for future payment convenience payments, subject to that processor’s privacy policies and security practices. The Installer shall not be responsible for processor’s terms, conditions, security practices, processing requirements, account restrictions, or fees imposed, except to the extent allowed by law.

• Late Payment Fees:

Late payments incur a 15% monthly interest (or max allowed by law). Installer reserves the right to: Stop work immediately for non-payment, Reassign crews, Extend project timeline accordingly.

• Non-Refundable Deposit & Procurement:

Deposit becomes non-refundable once: Materials are ordered, scheduling is confirmed, design, engineering, or administrative work begins. Initial deposit covers material procurement, subcontractors or vendors commitments, Labor scheduling.

• Financing:

All financing applications, approvals, terms, conditions, interest rates, and repayment obligations are handled directly between the client and the selected financing provider. The installer is not a lender and assumes no responsibility or liability for financing decisions, loan terms, payment schedules, or collection of payments. All agreements are solely between the Owner and the financing provider.

• Notice of Default and Right to Cure:

All invoices are due upon issuance or up to (7) to fifteen (15) calendar days upon invoice receipt. An invoice shall be considered past due if payment is not received within the applicable Seven (7) to Fifteen (15) calendar day period. Any unpaid invoice for more than thirty (30) calendar days after issuance, will be subject to a fifteen percent (15%) or maximum allowed by law late payment fee and each subsequent thirty (30)-day period during which the balance remains unpaid thereafter. The Installer may issue written notice of outstanding balance and payment default to the Owner. If the Owner fails to cure the payment default within the applicable cure period, the Installer shall suspend further work, scheduling, subcontractor services, inspections, or other project activities until the account is brought current. Any project delays, remobilization costs, material restocking, subcontractor cancellation fees or other reasonable costs directly resulting from the Owner’s failure to make timely payment shall be the Owner’s responsibility. The Installer may pursue any remedies as recovery of unpaid balances through previously authorized payment methods such as credit/debit cards, bank accounts and other payment forms on initial deposit, referral to collections, enforcement of property lien or other security rights or commencement of legal proceedings. The Owner shall remain

responsible for all amounts due together with any legally recoverable collection costs, court costs, and reasonable attorneys’ fees.

• Mechanic’s Lien Rights:

Owner acknowledges Installer’s rights under Massachusetts Mechanic’s Lien Law (M.G.L. c. 254). Installer may; File lien on property. Enforce lien through foreclosure.

• Site Conditions & Risk Allocation:

The Owner is responsible for: Property boundaries. Soil conditions (unless tested). Underground utilities not identified, Unforeseen conditions (rock, groundwater, etc.) shall: Trigger Change Orders, Adjust pricing and schedule.

Permits, Engineering & Compliance:

Unless authorized to act as the Owner’s agent to obtain any required permit(s), the Owner shall be responsible for obtaining and maintaining all permits, approvals, plans, surveys, engineering documents, HOA approvals, zoning approvals, variances, and other governmental or regulatory requirements applicable to the project. The Installer may, at the Owner’s authorization, coordinate or assist with the permit application process; however, such assistance does not include the cost of third-party professional services or permit(s) fees. The Installer does not provide or perform licensed or qualified services such as engineering, surveying, architectural, legal, zoning, or other professional services unless expressly stated in the Scope of Work. The Installer may charge a separate Permit Management Fee for administrative coordination, preparation, submission, tracking, and management of required permit applications, as applicable. Such management fee is separate from all third-party services’ fees, municipal fees, and other permit(s) related fees.

• Material Procurement & Substitutions:

Materials subject to availability: Installer may substitute comparable materials. Owner approval required when feasible.

• Subcontractors:

If required, The Installer may engage and manage licensed, and insured subcontractors or specialty contractors to perform specific portions of the Services, including, without limitation, electrical, plumbing, asphalt, tree removal, irrigation, pool installation, concrete installation, engineering, and other specialized work. The Installer’s role shall be limited to coordinating and managing the scheduling, sequencing, and general integration of such services with the project. Subcontractor coordination, contracting, supervision, or management fees will apply to each specialty service. The Installer does not provide, assume, extend, or guarantee the warranties, guarantees, repair obligations, maintenance obligations, or performance of work performed by independent subcontractor(s). Any warranty claim, repair, service, or maintenance request relating specifically to subcontractor-performed work shall be addressed and provided directly with the applicable subcontractor(s) during or after project installation.

Project Access & Logistics:

The Owner shall provide and maintain safe, reasonable, and unobstructed access to the property and access area of twelve (12) feet minimum for construction vehicles and equipment where required by the Scope of Work. The Owner shall provide reasonable areas for staging, material deliveries, equipment, debris, and temporary storage as reasonably required for the performance of the Services.

The Owner shall remove or secure personal property such as vehicles, furniture, equipment, pets, and other items that may interfere with or be exposed to construction activities. The Owner shall not interfere with the project or obstruct the Installer’s personnel, equipment, deliveries, subcontractors, or workmanship procedures. The Owner acknowledges that construction vehicles, machinery, deliveries, excavation, and material handling may temporarily affect driveways, walkways, lawns, landscaping, and other areas used for access or staging. The Installer shall not be responsible for ordinary wear, reasonable access-related impacts, or damage to concealed, deteriorated, unstable, or pre-existing conditions not identified before work commenced.

• Photography, Video & Advertising:

The owner authorizes Installer, its agents, and representatives to capture photographs and video recordings of the work in progress and related project areas for documentation, marketing, advertising, and promotional purposes, including but not limited to use on websites, social media platforms, and other digital or print media.

• Property Damage Limitation & Waiver:

The Owner acknowledges that construction and site work inherently involve risks of incidental or unintended damage, and agrees to waive any claims against the Installer for damages arising from unforeseen conditions, concealed utilities, pre-existing deficiencies of surrounding areas, including but not limited to driveways, lawns, irrigation systems, utility lines, underground or concealed structures, loss of enjoyment, diminution in property value, business interruption, or other consequential losses to property belonging to neighboring or third parties.

Limitation of Liability:

Total liability shall not exceed the amount paid under contract.

• Clean-Up & Project Completion:

The installer is responsible for the Job-site cleaned upon completion. Final grading is rough grade only, unless specified; Landscaping, seeding, sod, etc. excluded unless included as separate items.

• Substantial Completion:

Project is considered complete when: Work is functionally usable, Minor punch-list items remain. Final payment is due at this stage.

• Limited Workmanship Warranty:

Installer guarantees labor and workmanship to be performed in a professional manner consistent with generally accepted industry standards. Warranty is limited exclusively to repair of defective workmanship only. Excludes damages, deterioration, or failure from, but not limited to: Soil movement, erosion, natural settling, weather freezing, thawing, moisture, or other environmental conditions; Misuse, improper maintenance, or unauthorized alterations after installation; Failure of materials supplied by manufacturers; Warranty relating to materials, products, or other manufactured components shall be governed exclusively by the applicable manufacturer’s warranty. Installer is not responsible for administering, honoring, or replacing materials under a manufacturer’s separate warranty.

• Non-Transferable Warranty:

This workmanship and labor warranty is issued exclusively to the original Owner who contracted with The installer and is not transferable or assignable to any subsequent owner, purchaser, occupant, or other third party in the event the property is sold, transferred, conveyed, or otherwise changes ownership.

Cancellation & Termination:

Cancellation of contract allowed within fourteen (14) days after signing and after request submitted in writing only by mail letter or e-mail. Cancellation fees for schedule reservation, office staff engagement for crew schedule Mobilization, Equipment allocation, etc may apply. Restocking Fees Up to 20% on pre-ordered materials may apply after fourteen (14) days, plus non-refundable supplier charges. Additional charges may apply for: Office staff engagement for Mobilization, After fourteen (14) Days: Owner is responsible for: Work completed expenses in material or labor, Overhead & profit loss plus non-refundable supplier charges once project commence for last minute cancellation.

• Refunds will be processed using the same payment method provided for project deposits payments within thirty-to-ninety (30-90) days after cancellation request is approved by

• Suspension of Work:

Installer may suspend work for: Non-payment, Unsafe conditions, Owner interference. Schedule and pricing may be adjusted upon resumption.

• Dispute Resolution:

All disputes resolved via: Binding arbitration in Massachusetts. Installer may recover attorney’s fees if prevailing.

• Personal Guarantee:

If the owner is an entity, the signer personally guarantees payment.

• Insurance & Risk:

Installer maintains general liability and workers’ compensation insurance as required by applicable law for its employees.The Installer’s insurance does not extend to the Owner, Owner’s representatives, subcontractors, or other third parties.

Installer’s insurance is not intended to replace or serve as the Owner’s property insurance and does not guarantee coverage for damage to the Owner’s property, existing structures, landscaping, underground utilities, or other pre-existing conditions. The Owner acknowledges that construction activities may involve reasonable risks, including access by personnel and equipment, excavation, demolition, material delivery, grading, and other site activities.

• Force Majeure: Neither party liable for events beyond control (weather, disasters, ).

Governing Law: Massachusetts law

• Entire Agreement:

This document represents full agreement. No oral modifications are valid.

• Signatures & Acknowledgment:

By signing, Owner confirms: Full understanding, Acceptance of all terms, Authority to enter agreement.