TERMS AND CONDITIONS

Frank’s Yard Refresh
FRANKS PET AND HOME INC DBA Frank’s Yard Refresh
Licensed • Bonded • Insured
AZ ROC #367677

Last Updated: August 27, 2026

These Terms and Conditions (“Terms”) apply to estimates, proposals, contracts, invoices, and services provided by FRANKS PET AND HOME INC DBA Frank’s Yard Refresh (“Company,” “Contractor,” “we,” “us,” or “our”). The property owner or customer accepting an estimate, proposal, or contract is referred to as the “Client,” “Owner,” “you,” or “your.”

By approving an estimate, signing an agreement, authorizing work, or allowing work to begin, the Client acknowledges and agrees to these Terms together with the applicable written estimate, proposal, scope of work, and approved change orders.

1. Scope of Work

The Company provides hardscape, landscape, irrigation, and outdoor improvement services within the scope permitted by its Arizona contractor license.

Services may include, depending on the specific project:

• Paver patios, walkways, driveways, and extensions
• Artificial turf installation
• Irrigation and drip system installation, modification, and repair
• Landscape lighting
• Planting and landscape installation
• Decorative rock and gravel
• Landscape masonry and block features
• Grading and site preparation associated with contracted work
• Complete front yard and backyard transformations
• Related landscape and hardscape improvements included in the written scope of work

Only work specifically identified in the accepted estimate, proposal, contract, or written change order is included in the project.

Any work not specifically included is considered outside the original scope and may require an additional written estimate or change order.

2. Estimates and Project Pricing

Estimates are based on information reasonably available at the time of evaluation, including visible site conditions, measurements, selected materials, accessibility, and the scope requested by the Client.

Unless otherwise stated in writing, an estimate does not include work made necessary by concealed, unknown, or unexpected site conditions that could not reasonably have been identified before work began.

Examples may include:

• Buried concrete
• Unknown irrigation or utility lines
• Unmarked electrical lines
• Excessive underground roots
• Unexpected soil or drainage conditions
• Previously installed construction materials
• Hidden structural conditions
• Unknown underground obstructions
• Conditions discovered during excavation or demolition

If an unexpected condition materially changes the work required, the Company will notify the Client and may provide a change order or revised price before performing additional work.

3. Change Orders and Additional Work

Changes requested after the original scope has been approved may affect both the project price and completion schedule.

Additional work will be documented through a written change order, revised estimate, electronic approval, or other written authorization identifying the added or removed work and any associated price adjustment.

The Client agrees that verbal discussions alone do not modify the original scope unless confirmed in writing.

Work outside the original agreement is not included in the original contract price.

4. Deposits and Payment

Deposits, progress payments, material payments, and final payment requirements will be stated on the applicable estimate, proposal, or invoice.

The Client agrees to make payments according to the payment schedule provided for the project.

Special-order materials, custom materials, permit costs, equipment rentals, or other project-specific expenses may require advance payment.

Final payment is due according to the terms stated on the invoice or contract.

Failure to make required payments may result in suspension of work until the account is brought current.

The Client is responsible for reasonable costs associated with collecting unpaid amounts to the extent permitted by applicable law.

5. Payment Authorization

When the Client voluntarily provides a credit card or other electronic payment method, the Client authorizes the Company to process payments that have been approved or are due under the applicable estimate, contract, invoice, payment schedule, or separately authorized transaction.

Payment information may be securely stored through the Company’s payment-processing provider when the Client elects to save a payment method.

The Company will not use a stored payment method for unrelated work that has not been authorized by the Client.

6. Project Scheduling

Estimated start dates and completion dates are provided in good faith but are not guarantees unless specifically stated otherwise in a signed written agreement.

Project schedules may be affected by circumstances including:

• Weather
• Material availability
• Supplier delays
• Equipment issues
• Permit or inspection delays
• Change orders
• Unforeseen site conditions
• Utility conflicts
• Client-requested delays
• Access restrictions
• Subcontractor scheduling
• Events outside the Company’s reasonable control

The Company will make reasonable efforts to communicate material scheduling changes.

7. Property Access

The Client agrees to provide reasonable and safe access to the project area during scheduled working periods.

The Client is responsible for:

• Unlocking gates when necessary
• Providing access to agreed work areas
• Removing personal property that may interfere with construction
• Keeping children and pets away from active work areas
• Providing reasonable access to water or electricity when the agreed work requires it
• Informing the Company of known hazards or restrictions

Additional mobilization or scheduling costs may apply if crews are unable to perform scheduled work because access was not provided.

8. Pets, Children, and Jobsite Safety

Construction and landscape installation areas may contain tools, equipment, excavations, materials, debris, sharp objects, open trenches, and other temporary hazards.

The Client is responsible for keeping children, pets, guests, and other unauthorized individuals away from active work areas.

Pets must be safely secured before Company personnel enter the property.

The Company is not responsible for a pet leaving the property because of an existing defective gate, fence, latch, enclosure, or because the Client failed to properly secure the animal.

9. Underground Utilities and Irrigation

The Client agrees to disclose any known privately installed underground utilities, irrigation systems, landscape lighting wires, plumbing, drainage, electrical wiring, pool equipment lines, internet or communication lines, or similar items located within the project area.

Public utility locating services do not necessarily identify privately installed systems.

The Company will exercise reasonable care during excavation. However, the Company is not responsible for damage to underground items that were:

• Not properly marked
• Not reasonably visible
• Not disclosed by the Client
• Installed at an unusual or improper depth
• Located differently than represented by plans, markings, or the Client

Repairs to undisclosed or improperly located private systems may constitute additional work.

10. Irrigation Work

Existing irrigation systems may contain aging components, hidden leaks, deteriorated fittings, improper previous repairs, or other conditions that are not visible before work begins.

When modifying or repairing an existing irrigation system, the Company is responsible for the work specifically included in the agreed scope but cannot guarantee the condition or future performance of unrelated existing components.

Changes to landscaping may require irrigation zones, emitters, valves, lines, or schedules to be modified.

The Client is responsible for ongoing irrigation programming and appropriate watering after project completion unless otherwise agreed in writing.

11. Drainage and Grading

Landscape and hardscape projects may affect drainage patterns.

The Company will perform grading or drainage work specifically included in the written scope using reasonable construction practices.

Unless specifically included in the contract, the Company does not represent that a project constitutes an engineered drainage system or guarantees elimination of all standing water during every weather condition.

Conditions caused by neighboring properties, municipal drainage, extreme storms, pre-existing grading, subsurface conditions, or future property modifications are outside the Company's control.

12. Pavers and Hardscape

Concrete pavers, natural stone, masonry products, decorative aggregates, and similar materials may naturally vary in color, shade, texture, dimensions, and appearance.

Minor variations between samples, photographs, existing materials, and installed products are normal and are not considered defects.

Pavers and masonry may also experience normal settling, efflorescence, surface variation, minor movement, or changes in appearance resulting from weather, soil conditions, mineral content, or normal use.

The Company will perform installation according to the agreed scope and applicable workmanship requirements.

13. Artificial Turf

Artificial turf appearance may vary depending on product selection, sunlight, viewing direction, pile orientation, temperature, and normal manufacturing variation.

Seams may be visible from certain angles or lighting conditions.

The Company will install turf according to the agreed scope, including applicable preparation and base work.

Artificial turf can become hot when exposed to direct Arizona sunlight. The Client acknowledges this inherent characteristic of synthetic turf.

Damage caused after installation by pets, burns, chemicals, vehicles, sharp objects, misuse, unauthorized modifications, or improper maintenance is not considered defective workmanship.

14. Decorative Rock and Gravel

Decorative rock and gravel are natural products and may contain variations in color, size, shape, texture, and mineral composition.

Samples and photographs are representative only and cannot guarantee an exact match between material batches.

Natural weathering and dust may also change the appearance of decorative aggregate over time.

15. Plants and Landscape Materials

Living plants are affected by weather, irrigation, soil conditions, pests, disease, fertilization, homeowner maintenance, and other environmental conditions outside the Company's control after installation.

The Client is responsible for appropriate watering and ongoing plant care after installation unless maintenance services are specifically included in writing.

Unless a separate written plant warranty is provided, the Company does not guarantee the survival of living plant material after installation.

Manufacturer warranties on landscape products will apply where available and according to the manufacturer's terms.

16. Landscape Lighting

Landscape lighting installations will be performed according to the agreed project scope.

Existing electrical systems, transformers, wiring, fixtures, or other components not included in the Company's scope are not warranted by the Company.

Lighting appearance and coverage may vary based on fixture location, plant growth, surrounding structures, environmental conditions, and Client-selected fixtures.

Electrical work requiring a separate license will be performed only as permitted by Arizona law and applicable licensing requirements.

17. Masonry and Block Work

Masonry products may exhibit natural differences in color, texture, dimensions, mortar appearance, and surface characteristics.

Minor cracking, color variation, efflorescence, and other characteristics may occur naturally with masonry products and exposure to Arizona conditions.

Only masonry work specifically described in the written scope is included.

Engineering, structural design, retaining-wall design, permits, or other professional services are included only when expressly stated in writing.

18. Existing Property Conditions

Before beginning work, the Client should notify the Company of known pre-existing damage or fragile conditions involving items such as:

• Walls
• Fences
• Gates
• Concrete
• Pavers
• Irrigation
• Landscaping
• Pool decking
• Structures
• Utilities
• Outdoor furniture
• Decorative features

The Company is not responsible for deterioration or failure of pre-existing items that occurs because of age, improper installation, hidden damage, normal wear, or conditions unrelated to the Company's workmanship.

Nothing in these Terms releases the Company from responsibility for damage caused by the Company's negligence or other responsibility that cannot legally be waived.

19. Materials and Substitutions

Materials will be supplied according to the accepted scope whenever reasonably available.

If a specified product becomes unavailable, discontinued, delayed, or materially changes in price, the Company may propose a reasonably comparable alternative.

Material substitutions requiring a meaningful change in appearance, specification, or price will be communicated to the Client before installation whenever reasonably practicable.

20. Material Ownership

Materials purchased specifically for the project remain the property of the Company until paid for in accordance with the applicable payment schedule, except where applicable law provides otherwise.

Surplus construction materials remain the property of the Company unless the written agreement specifically states otherwise.

21. Permits, HOA Requirements, and Property Restrictions

Responsibility for permits will be stated in the applicable estimate or contract when permits are required.

The Client is responsible for informing the Company before work begins of any:

• Homeowners association requirements
• CC&Rs
• Architectural review requirements
• Community construction rules
• Easements
• Setbacks
• Property restrictions
• Access restrictions known to the Client

Unless specifically included in the written scope, obtaining HOA or architectural approval is the Client's responsibility.

Approval by the Client does not mean the Company has independently confirmed HOA approval, property boundaries, easements, setbacks, or other private property restrictions.

22. Property Lines

The Client is responsible for identifying accurate property boundaries when project placement depends upon a property line.

Unless specifically included in writing, the Company does not provide land surveying services.

If exact property boundaries are required, the Client should obtain a professional survey before construction.

23. Client Changes and Delays

If the Client changes selections, delays approvals, changes access, requests work to stop, or otherwise causes a project delay, the project schedule may be adjusted.

Costs resulting from Client-directed changes, remobilization, material restocking, additional labor, equipment, or other consequences may be charged through a change order when applicable.

24. Cleanup and Debris

The Company will perform normal jobsite cleanup associated with its contracted work.

Removal of existing landscaping, soil, concrete, rock, construction debris, or other materials is included only when stated in the scope of work.

Items not generated by the Company's contracted work may require additional disposal charges.

25. Photographs and Project Documentation

The Company may photograph or document work before, during, and after construction for project records, quality control, estimating, and documentation purposes.

Photographs that identify the Client personally will not be intentionally published without permission.

Unless the Client requests otherwise in writing before project completion, the Company may use non-identifying photographs of completed outdoor work for its portfolio, website, social media, advertising, or examples of workmanship.

26. Workmanship and Manufacturer Warranties

The Company will perform contracted work in a professional manner consistent with applicable Arizona requirements and the agreed project scope.

Any specific written workmanship warranty provided for the project will be stated separately in the estimate, contract, warranty document, or other written agreement.

Manufacturer warranties on products or materials are subject to the manufacturer's own terms, exclusions, procedures, and duration.

The Company does not provide a warranty beyond what is required by applicable law unless expressly stated in writing.

Warranty coverage does not include damage or failure caused by:

• Abuse or misuse
• Lack of maintenance
• Improper watering
• Pet damage
• Vehicle damage
• Chemical exposure
• Extreme weather
• Acts of nature
• Third-party alterations or repairs
• Owner modifications
• Conditions outside the Company's workmanship

Nothing in these Terms limits rights or obligations that cannot legally be waived under Arizona law.

27. Inspection and Completion

The Client is encouraged to inspect the project at or near substantial completion and promptly identify concerns related to the agreed scope.

Minor corrective or punch-list work does not necessarily prevent a project from being considered substantially complete.

Final payment may remain due according to the agreed payment schedule while legitimate punch-list items are being completed, subject to applicable law and the specific contract terms.

28. Third-Party and Subcontracted Work

The Company may use employees, suppliers, or appropriately licensed subcontractors when reasonably necessary to complete portions of a project.

Any trade requiring a separate contractor license will be performed only by an appropriately licensed party when required by Arizona law.

29. Client-Supplied Materials

If the Company agrees to install materials supplied by the Client, the Client is responsible for confirming those materials are suitable, complete, available, and free from defects.

The Company is not responsible for manufacturer defects, shortages, incompatibility, inaccurate quantities, or failures associated with Client-supplied materials, except to the extent caused by improper installation by the Company.

Additional labor resulting from defective, missing, incorrect, or unsuitable Client-supplied materials may be billed separately with authorization.

30. Communications

By providing a telephone number, email address, or other contact information, the Client authorizes the Company to communicate regarding:

• Estimates
• Scheduling
• Project updates
• Change orders
• Payments
• Invoices
• Service follow-up
• Other communications reasonably related to the Client's project

Marketing or promotional communications may be discontinued at the Client's request.

Project-related and transactional communications may continue as necessary.

31. Payment Questions and Disputes

If the Client believes an invoice or charge is incorrect, the Client should promptly contact the Company so both parties have an opportunity to review the issue and attempt to resolve it.

Nothing in this provision eliminates any legal rights available to either party under applicable law.

32. Suspension or Termination of Work

The Company may suspend or terminate work when reasonably necessary because of:

• Nonpayment
• Unsafe working conditions
• Denied property access
• Client interference with the work
• Harassment or threatening conduct
• Material breach of the agreement
• Conditions making continued work unlawful or unsafe

The Client remains responsible for amounts properly due for work performed, materials ordered, and authorized costs incurred before suspension or termination, subject to applicable law.

33. Limitation to Contracted Scope

The Company is responsible only for work included in the accepted scope and authorized changes.

The Company does not assume responsibility for unrelated portions of the property, pre-existing construction, work performed by others, or systems outside the contracted scope merely because they are located near the work area.

34. Force Majeure and Conditions Beyond Our Control

The Company is not responsible for delays caused by events reasonably beyond its control, including severe weather, natural disasters, government action, material shortages, transportation interruptions, utility interruptions, labor disruptions, supplier delays, emergencies, or similar circumstances.

The project schedule may be reasonably extended when such events occur.

35. Entire Agreement

The accepted estimate, proposal, contract, these Terms, and any approved written change orders together constitute the agreement between the Client and Company for the applicable project.

If a project-specific signed contract contains a term that directly conflicts with these general Terms, the project-specific signed contract will control for that project.

36. Severability

If any portion of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

37. Governing Law

These Terms and the parties' agreement are governed by the laws of the State of Arizona.

38. Acceptance

By signing or electronically approving an estimate, proposal, contract, or other agreement incorporating these Terms, the Client acknowledges that the Client has reviewed and agrees to the scope, pricing, payment terms, and applicable Terms and Conditions.

FRANKS PET AND HOME INC DBA Frank’s Yard Refresh
Licensed • Bonded • Insured
AZ ROC #367677