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TERMS AND CONDITIONS OF SALE


  1. Estimate and Scope of Work: 
    1. Estimates are valid for 15 days. 
    2. All pricing is based on the visible scope of work and current site conditions at the time of estimate. Final costs may vary if unforeseen conditions arise during the project — including, but not limited to, structural issues, mold, inaccessible areas, or code-required upgrades. Any additional work or charges will be communicated to the client and must be approved before proceeding. 
    3. If any scope changes or delays require additional labor beyond what was originally estimated, added time will be billed at our standard professional service rate. This rate accounts for licensed labor, insurance, vehicle and equipment use, payroll taxes, and general overhead.
    4. Only the items on the estimate specification are included and all works are due for payment.
  3. Payment Terms: 
    1. A 40% deposit is required to schedule work. 
    2. Non-Refundable Deposit: Up to 10% of the Agreement total, or up to 25% of the deposit amount (whichever is greater) is a non-refundable deposit. Certain custom products and services may have additional non-refundable deposits. These will be disclosed in your estimate.
    3. In a phased project, intermediate payment(s) may be required at pre-agreed benchmark(s). Final payment is due upon completion of the scope of work in the Agreement.
    4. All invoices are "due upon receipt" of the invoice unless otherwise arranged. Late payments may be subject to a 10% monthly service fee. Cactus Rain LLC will be authorized to suspend any provision of services without prior warning in the event of late payment. If a payment is still outstanding more than sixty (60) days after the due payment date, Cactus Rain LLC reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
    5. Credit Card Convenience Fee:  If using a credit/debit card to pay your invoice, there will be a 3% surcharge added to the invoice. 
    6. A trip fee may apply to locations outside a 15-mile radius from Cedar Crest, NM. This will be disclosed in your estimate.
  5. Delivery of Services:
    1. Cactus Rain LLC is not responsible for delays caused by weather, supply chain issues, or circumstances beyond our control. 
    2. Client is responsible for providing clear access to work areas, panels, and necessary shutoffs. 
    3. Cactus Rain LLC undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. 
  7. Materials On Site:
    1. Materials delivered to site become the responsibility of the Client. Cactus Rain LLC accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.
    2. Any material brought to, or removed from the site, excess to Cactus Rain LLC's requirements remains the possession of and removable by Cactus Rain LLC who shall have the right to enter the site for that purpose.
  9. Change Requests: Change requests are an unavoidable part of a many projects. Either party may initiate a change request. 
    1. Client must identify the person(s) authorized to approve a change request.
    2. Changes that do not cause a substantial change in scope, cost, or schedule may be verbally agreed as needed. Substantial changes in scope, cost, materials, function, or schedule must be agreed by Client and Cactus Rain LLC in writing. 
    3. Parties may opt to establish a new Agreement when the changes are so significant that they warrant a fresh contract rather than modifying the existing one.
    4. The common causes of a change request include, but are not limited to:
      1. Client requests a change in scope of work or materials
      2. unforeseen obstacles or conditions that deviate from the original plan, such as jobsite conditions, regulatory and safety issues, and material substitutions
      3. the project’s work was incorrectly estimated, such that the team is incapable of completing their deliverables within budget
      4. extreme weather and job site conditions cause a delay in work.
  11. Termination of Contract: 
    1. Termination by Client: 
      1. Client may terminate this Agreement by providing written notice. 
      2. In the event of termination, the Client shall pay Cactus Rain LLC under the terms of this contract for all work performed and expenses incurred up to the date of termination, in addition to the Non-Refundable Deposit(s) amount. This sum shall not exceed to the total price of the Agreement. 
      3. Refund: Upon termination, Client shall be entitled to a refund of any monies paid above and beyond the value of work performed and expenses incurred up to the date of termination, in additional to applicable Non-Refundable Deposit(s). When applicable, Cactus Rain LLC shall issue a refund of excess deposit within thirty (30) days of the date of termination. When applicable, Client shall be responsible for any bank or transfer fees incurred for the refunding of deposits.
      4. Upon termination, all other obligations under this Agreement shall cease. Client provides complete and unconditional release from any and all liability and indemnification requirements regarding all work and assignments that remain in-progress upon Cactus Rain LLC's termination effective date.
    3. Cactus Rain LLC may terminate this Agreement in case of the occurrence of any of the events specified herein by providing written notice. Upon termination, Client may be entitled to a refund of any monies paid, less the value of products and services already delivered. 
      1. If, as a result of Force Majeure, Cactus Rain LLC is unable to perform a material portion of the Services for a period of not less than sixty (60) days.
      2. If any member of Cactus Rain LLC becomes insolvent or bankrupt.
    5. Termination for Cause: Either party may terminate this Agreement if the other party fails to comply with any material term of this Agreement and: (i) the breach is not capable of remedy; (ii) if capable of remedy, the breach is not remedied within thirty (30) days after receiving written notice of such requiring the breach to be remedied.
  13. Modifications to Offered Service and Prices: We reserve the right at any time to modify or discontinue products and services (or any part or content thereof). We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of product or service outside of this Agreement. 
  14. Maintenance After Completion: The Contractor undertakes to execute the scope of this contract. The proper maintenance of the site passes to the Client upon practical completion, unless otherwise agreed in writing. 
  15. Workmanship Warranty:
    1. Cactus Rain LLC guarantees that the workmanship and installation of the project performed by Cactus Rain LLC meets industry standards and is free from defects or errors for a period of one (1) year. Cactus Rain LLC will repair or replace any work found to be defective within that period. 
    2. This warranty covers defects in workmanship, such as improper installation of materials. This warranty does not cover damage caused by external factors like weather, negligence, misuse, or as a result of Force Majeure.
    3. Client must notify Cactus Rain LLC of any defects within 20 days of discovery, and no later one (1) year from project completion.
    4. Cactus Rain LLC will have no liability under any circumstances for indirect, special, incidental, liquidated, or consequential damages.
  17. Product Warranty:
    1. Product Warranties may be offered by the Manufacturer. The Client is responsible for registering products or initiating warranty claims per manufacturer's terms. 
    2. Cactus Rain LLC does not assume responsibility for Product Warranties offered by the Manufacturer.
  19. Plant Warranty: 
    1. Newly installed landscape plants can suffer transplant shock, particularly during the hot summer months. It is imperative that plants receive proper care, so as to minimize stress. Upon installation or purchase it is then the responsibility of the Client to supply the plant with sufficient water and fertilizer (as needed) during their growing season to keep them healthy. 
    2. Limited Warranty: 
      1. Trees, shrubs and plants installed by Cactus Rain LLC are warranted for thirty (30) days from date of installation, and will be replaced once within the warranty period, should they die.
      2. Trees, shrubs, and plants will be replaced once only. Replacements are not warranted.
      3. Trees, shrubs, and plants covered under the thirty (30) days from the date of installation warranty will be replaced with the same or similar tree, shrub, or plant at no additional cost to the customer. 
      4. The labor to remove warrantied tree, shrub, or plant and installation of new tree, shrubs, or plant are not covered under this limited warranty and will be subjected to a $60 per hour charge. Deciduous trees 2" caliper or larger and conifers 6' or larger will have a planting charge the same as the original labor charge.
      5. Cactus Rain LLC will make warranty replacements during the optimum planting seasons. Typically, replacements will take place in May or October.
      6. Deciduous trees and shrubs must be given until May 15th to leaf out before calling for warranty replacements.
      7. This warranty cannot be transferred.
      8. There will be no cash refunds.
    4. Exclusions
      1. Cactus Rain LLC assumes no liability for replacement of trees, shrubs, and plants damaged by lack of care, water by Client, animal or pests, insect infestation, acts of nature, vandalism, weather conditions, or other conditions beyond our control, nor will we replace trees, shrubs or plants experiencing “seasonal die-back”, when pruning and proper care will restore them to health.
      2. This warranty shall be void and will not apply to any plants which were originally installed by Cactus Rain LLC, then subsequently repaired, adjusted, moved or modified by an individual or entity other than Cactus Rain LLC.
      3. Cactus Rain LLC cannot warranty against weed growth in mulch or topsoil beds, due to the germination of dormant seeds prevalent in the soil.
      4. Annuals and transplanted plant material are NOT covered under this or any other Warranty.
      5. Sod and seed are NOT covered under this or any other Warranty.
  21. The foregoing is the sole warranty for work provided by Cactus Rain LLC. Cactus Rain LLC will not be liable for any other warranties, expressed or implied. AIl other warranties are excluded, including the implied warranties of merchantability and fitness for a particular purpose. Cactus Rain LLC will have no liability under any circumstances for indirect, special, incidental, liquidated, or consequential damages.
  22. Indemnification: 
    1. Cactus Rain LLC cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer. In order for it to be admissible, Cactus Rain LLC must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
    2. DISCLAIMER OF WARRANTIES. Other than as expressly stated herein, Cactus Rain LLC on behalf of itself and its affiliates and subcontractors disclaims all warranties with regard to the services, work product and any other information or material provided in connection herewith, express or implied, including the warranties of merchantability, noninfringement, error-free or uninterrupted service, or fitness for a particular purpose. 
    3. LIMITATION OF LIABILITY. In no event shall Cactus Rain LLC or any affiliate or subcontractor of Cactus Rain LLC be liable for any special, punitive, indirect or consequential or incidental damages, including, but not limited to, loss of data, loss of business or other loss (including substitution of services) arising out of or relating hereto or any third party services delivered in connection herewith even if previously advised of the possibility of such damages and regardless of its negligence or other fault and regardless of whether such liability sounds in contract, negligence, tort, strict liability or any other theory of legal liability. In no event shall Cactus Rain LLC’s or its affiliates’ or subcontractors’ cumulative liability hereunder, other than for claims for payment of fees due, exceed the amount paid or payable by client to Cactus Rain LLC for work performed under the applicable description of services in the three (3) month period immediately preceding any such initial claim.
  24. All our contractual relations will be governed exclusively by United States law.
  25. This Agreement, including all attachments hereto, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings and communications, oral or written, between the parties regarding the subject matter of this Agreement. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.