1. Scope of Services

RayBros Landscaping LLC (“RayBros,” “we,” “our,” or “us”) provides professional landscape design, installation, hardscaping, concrete, grading, landscape maintenance, and related outdoor improvement services (the “Services”). All work performed by RayBros is defined by the written proposal, plan, or contract approved by the client (the “Agreement”).

Any work, materials, or services not specifically listed in the Agreement are considered additional services and will be billed as a change order at RayBros’ current rates.

2. Estimates and Proposals

Unless otherwise noted in writing, all estimates and proposals are valid for 30 calendar days from the date issued and are subject to change due to material cost fluctuations, labor availability, or site conditions.

Acceptance of a RayBros proposal (by signature, email, text, deposit payment, or other written confirmation) constitutes agreement to:

• These Terms & Conditions, and
• The detailed scope, pricing, and payment schedule set forth in the Agreement.

3. Scheduling and Delays

RayBros schedules projects on a first-come, first-served basis upon receipt of the required deposit. Any start date, completion date, or project duration provided is an estimate only.

Delays may occur due to, but not limited to:

• Weather or site conditions, including rain, snow, freezing temperatures, or saturated ground,
• Material shortages, backorders, or delivery issues,
• Equipment failure or subcontractor availability,
• Unexpected underground obstacles, hidden conditions, or safety concerns.

RayBros shall not be liable for any direct, indirect, or consequential damages, losses, or costs arising from project delays, rescheduling, or extended timelines beyond our reasonable control.

4. Payments

Unless otherwise specified in the Agreement, the standard payment schedule is as follows:

• 50% deposit due 7 days prior to the scheduled project start date.
• 25% payment due the day before concrete is poured or major hardscape materials are delivered to the site.
• 25% remaining balance due immediately upon substantial completion of the project.

Payments not received within 7 days of the due date may incur a 5% late fee and may result in suspension of work until the account is brought current.

All materials supplied by RayBros remain the property of RayBros until payment is received in full. RayBros reserves the right to remove or recover materials in the event of non-payment, to the fullest extent permitted by law.

5. Change Orders and Extra Work

Any changes to the scope of work, including additions, substitutions, design modifications, or extra services requested by the client, must be documented and approved as a written change order.

Verbal instructions or on-site conversations are not binding unless confirmed in writing (email or signed document). Change orders may affect the overall project cost and schedule.

6. Site Access, Conditions, and Utilities

The client agrees to provide clear and sufficient access to the property and work areas for personnel, equipment, and material deliveries. This may include, but is not limited to, driving equipment over lawns, driveways, and common areas.

RayBros is not responsible for normal and unavoidable damage to turf, driveways, sidewalks, or other surfaces caused by necessary access, unless due to gross negligence.

The client is responsible for accurately marking and/or disclosing all underground utilities and lines, including but not limited to:

• Irrigation or sprinkler lines,
• Low-voltage lighting wires,
• Private electric, gas, water, septic, and communication lines.

While public utilities may be located via an official utility marking service, RayBros cannot be held liable for unmarked, unknown, or inaccurately marked underground utilities or systems.

7. Materials, Substitutions, and Variations

RayBros will make reasonable efforts to provide the brands, styles, and colors specified in the Agreement. However, we reserve the right to substitute materials of equal or greater quality if a specified product becomes unavailable or significantly delayed.

The client acknowledges that natural and manufactured materials may have variations, including:

• Color, tone, shade, or texture variations in stone, pavers, mulch, and aggregates,
• Air pockets, minor surface imperfections, or hairline cracking in concrete,
• Weathering, fading, or patina over time.

Such natural or inherent variations are expected and do not constitute defects or grounds for replacement, discount, or refund.

8. Limited Warranty

RayBros provides a 1-year limited workmanship warranty on hardscape installations (such as paver patios, retaining walls, and similar improvements) from the date of substantial completion. This warranty covers installation-related defects only.

The warranty does not cover:

• Damage caused by misuse, abuse, neglect, or lack of proper maintenance,
• Damage due to settlement, ground movement, extreme weather, or drainage issues beyond our control,
• Cracking, scaling, or surface changes in concrete due to freeze-thaw cycles, de-icing salts, or heavy loads,
• Color changes, staining, or efflorescence,
• Any work altered, modified, or repaired by others after completion,
• Plants, sod, trees, shrubs, or living materials beyond the day of installation.

Under this warranty, RayBros’ sole obligation is, at our discretion, to repair or replace the specific area of defective workmanship. No cash refunds will be issued.

9. Property Damage, Risk, and Limitation of Liability

RayBros maintains general liability insurance and workers’ compensation coverage as required by law. However, to the maximum extent permitted by law, our liability is strictly limited as follows:

• RayBros shall not be liable for any indirect, incidental, special, or consequential damages, including loss of use, loss of value, loss of income, or inconvenience.
• RayBros is not responsible for pre-existing conditions, structural defects, or hidden issues discovered during the course of work.
• RayBros is not responsible for damage caused by acts of God, severe weather, flooding, fire, or other events outside our reasonable control.

In all cases, the total liability of RayBros, whether in contract, tort, or otherwise, shall not exceed the total amount actually paid by the client for the specific project giving rise to the claim.

10. Client Responsibilities

The client agrees to:

• Provide accurate information about property boundaries, easements, and restrictions,
• Obtain all necessary HOA approvals or third-party consents, unless otherwise agreed in writing,
• Keep children, pets, and bystanders away from work areas and equipment,
• Follow post-installation care guidelines provided by RayBros, including watering, cleaning, and maintenance.

RayBros is not responsible for any issues, damage, or failures resulting from the client’s failure to meet these responsibilities or to follow care and maintenance recommendations.

11. Photography, Reviews, and Marketing

The client grants RayBros permission to photograph and/or video the project site before, during, and after completion for documentation and marketing purposes, including use on our website, social media, and promotional materials. Client names and exact addresses will not be published without permission.

Any reviews, testimonials, or feedback provided by the client may be used by RayBros for marketing purposes, in accordance with applicable law.

12. Suspension and Termination

RayBros may suspend or terminate work if:

• Payments are not made when due,
• Site conditions are unsafe or not as represented,
• There is interference that prevents us from reasonably performing the work.

The client may terminate the Agreement with written notice. In the event of termination by either party, the client shall pay RayBros for:

• All work completed to date,
• Materials purchased or specially ordered for the project,
• Reasonable costs, fees, and expenses incurred due to termination.

13. Dispute Resolution

In the event of a dispute, both parties agree to first make a good-faith effort to resolve the matter informally. If the dispute cannot be resolved informally, it shall be submitted to binding arbitration in Stark County, Ohio, in accordance with applicable arbitration rules.

The decision of the arbitrator shall be final and binding. Each party shall bear its own legal fees unless otherwise awarded by the arbitrator.

14. Governing Law

These Terms & Conditions, and any Agreement between the client and RayBros, shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. Any legal proceedings (to the extent not subject to arbitration) shall be brought exclusively in the state courts located in Stark County, Ohio.

15. Acceptance of Terms

By requesting or accepting a proposal, signing an Agreement, paying any invoice, or allowing RayBros to commence work on your property, you acknowledge that you have read, understand, and agree to be bound by these Terms & Conditions.

If you have any questions about these Terms & Conditions, please contact us before work begins.

RayBros Landscaping LLC d/b/a RayBros Landscape & Design
North Canton, Ohio · (330) 564-6011 · RayBrosLandscaping@gmail.com