Terms & Service

A 50% down payment is required to confirm the materials order and the start date on the proposed agreement and begin work. Down payment is refundable, less a $250.00 processing fee, should the project be cancelled by client more than 3 days before the start date. Once work is completed and installed all sales are final and there shall be no refunds.

For projects lasting more than 2 weeks, a bi-weekly progress payment is due based on percentage of completion of the work areas listed above, less 5% retainage, in order for work to resume the following work week.

In the event a check comes back due to insufficient funds, a service charge of $35 will be assessed to the client.

1. Changes in Work: There are times when the client meets directly with the Production Manager (not the Sales Representative) to review the layout or progress. If, during this time, things are added or changed, you, the client, has assumed the investment could increase. If the Production Manager does not have pricing information, client must contact their sales representative. Additional work shall not be performed by Royal Creations without authorization by the client. Changes may also affect the time of completion. When changes take place, an approximation for completion time will be given, but not guaranteed.

2. Rock Clause: Although Royal Creations takes every precaution to understand what is under soil and concrete, there is no implication that Royal Creations knows what is there without removing the area that is covered. Therefore, the client understands additional costs could accrue when those areas are exposed and additional work is required. The client, by accepting this agreement, is approving Royal Creations to proceed with work to a maximum of $200.00 each occurrence. Any work above $200.00 will require client approval before work is completed.

3. Turf Damage: Royal Creations shall attempt to protect the existing lawn as best as possible by using plywood when needed and limiting unnecessary use of equipment. However some damage may occur to the existing lawn. Unless otherwise stated above, lawn restoration is NOT INCLUDED in this contract, and shall be an additional expense based on the methods and area needed to be restored. The best way to handle will be discussed upon completion of the contracted work.

4. Royal Creations shall perform its services consistent with the professional skill and care ordinarily provided by contractors practicing in the same or similar locality under the same or similar circumstances. Perfection is an unattainable standard that shall not be used to determine client satisfaction.

5. Planting + Plant Warranty

Trees and Shrubs: All trees and shrubs are warranted 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 rhododendrons 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 sprayed with Wilt Pruf 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 work closely with existing plant list to find suitable substitution.

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. 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 one time replacement 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).

Lawns: New sod and seed is a perishable item and is NOT guaranteed. It is the responsibility of the Homeowner to water and maintain these areas.

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 plant 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.

6. General 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. Natural Stone patios may experience some flaking of the shale layers during the first winter season. This is normal.

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 yards. 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.

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.

Refund Policy

All sales are final, no refunds are given on any purchase.