Effective Date:
These Terms and Conditions ("Terms") govern every proposal, invoice, estimate, and work order issued by Celestia Landscapes LLC ("Celestia," "we," "us," or "our") to the customer named on the associated invoice or contract ("Client," "you"). By signing a proposal, submitting a deposit, or authorizing Celestia to begin work, you agree to be bound by these Terms in full.
1. Scope of Work and Change Orders
Work performed is limited strictly to the scope described in the applicable written proposal, estimate, or invoice. Any request to add, remove, or modify work ("Change Order") must be agreed to in writing (including email or text message confirmation) and priced separately before the additional work begins. Verbal requests made on-site to field crews are not authorized Change Orders unless confirmed in writing by Celestia management.
Celestia is not responsible for conditions concealed below grade or behind existing structures (e.g., utilities, roots, rock, debris, unmarked irrigation or drainage lines) that were not reasonably discoverable at the time of estimate. Discovery of such conditions may result in a Change Order for additional time and materials.
2. Pricing, Payment, and Invoicing
- Pricing quoted is valid for 30 days from the date of the proposal unless otherwise stated.
- A deposit, if specified on the proposal, is due prior to scheduling and materials procurement and is non-refundable once materials have been ordered on Client's behalf.
- Invoices are due upon completion of work or per the payment schedule stated on the proposal. Unless otherwise noted, payment in full is due within fifteen (15) days of the invoice date.
- Past-due balances accrue a late charge of 1.5% per month (18% annually), or the maximum rate permitted by Arizona law, whichever is lower, beginning on the 16th day after the invoice date.
- Celestia reserves the right to suspend work on any active or future project if an account is past due.
- Client is responsible for all reasonable costs of collection on delinquent accounts, including collection agency fees and attorneys' fees, to the extent permitted by law.
- Returned/failed payments are subject to a $35 processing fee.
3. Permits, HOA Approval, and Property Boundaries
Unless a permit-pull service is expressly included in the proposal, Client is responsible for obtaining any required municipal permits, HOA approvals, or easement clearances prior to the start of work. Client represents that they have the legal authority to authorize work at the project address and warrants the accuracy of any property lines, setbacks, or boundaries communicated to Celestia. Celestia is not liable for work performed in reliance on inaccurate boundary information supplied by Client.
4. Utility Locates and Site Conditions
Celestia will request Arizona 811 utility locates for public utility lines prior to excavation. Client is solely responsible for disclosing and marking the location of any private, unregistered, or non-standard utility, irrigation, low-voltage, or drainage lines not covered by Arizona 811. Celestia is not liable for damage to lines that were not marked, disclosed, or locatable through the standard Blue Stake process.
Client is responsible for providing reasonable access to the work area, including clearing pets, vehicles, and personal property. Existing landscaping, hardscape, irrigation, or turf not included in the scope of work may be affected by heavy equipment or excavation; Celestia will use reasonable care but is not responsible for incidental disturbance to adjacent, non-contracted areas necessary to complete the work.
5. Weather, Delays, and Force Majeure
Celestia is not liable for delays caused by weather, monsoon activity, extreme heat advisories, material or supply shortages, third-party utility scheduling, permitting delays, labor shortages, acts of God, or other circumstances reasonably beyond Celestia's control. Estimated completion dates are good-faith estimates only and are not a guaranteed delivery date unless expressly stated as such in a signed contract.
6. Materials, Plant, and Turf Warranties
Plant Material
Live plant material is warranted for thirty (30) days from installation against failure to establish, provided Client maintains the manufacturer- or Celestia-recommended watering schedule. This warranty does not cover plant loss due to under- or over-watering by Client, irrigation system malfunction not installed by Celestia, freeze damage, wind, vandalism, pests/disease introduced after installation, or acts of God. One-time replacement is provided at no charge for covered losses reported within the warranty period; replacement is not guaranteed to match original size if the original variety/size is no longer available.
Artificial Turf
Artificial turf materials carry the manufacturer's product warranty, which Celestia will pass through to Client upon request. Celestia's installation workmanship on turf is warranted for one (1) year from completion against seam separation, improper base compaction, and infill migration under normal residential use. This warranty excludes damage from pets (excessive digging/chewing), sharp objects, extreme heat sources (reflective glare from windows, grills, fire features), improper use, or unauthorized modification.
Hardscape (Pavers, Concrete, Retaining Walls)
Workmanship on hardscape installations is warranted for one (1) year from completion against improper base preparation resulting in significant settling, shifting, or cracking beyond normal, expected hairline cracking. Concrete and masonry are subject to natural cracking, efflorescence, and color variation that are inherent to the material and are not defects. This warranty does not cover damage from tree root intrusion, soil movement/expansive clay, seismic activity, vehicle loading on pedestrian-rated surfaces, or Client-performed alterations.
General Warranty Conditions
All warranties above are void if repairs, alterations, or maintenance are performed by a party other than Celestia, or if Client fails to notify Celestia in writing within ten (10) business days of discovering a defect. These warranties are in lieu of all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, to the maximum extent permitted by Arizona law.
7. Limitation of Liability
To the fullest extent permitted by Arizona law, Celestia's total liability to Client for any and all claims arising from or related to the work — whether based in contract, warranty, tort (including negligence), strict liability, or otherwise — shall not exceed the total amount paid by Client to Celestia under the applicable invoice or contract.
In no event shall Celestia be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of use, loss of property value, or loss of enjoyment, even if Celestia has been advised of the possibility of such damages.
Nothing in these Terms limits or waives liability for Celestia's own gross negligence, willful misconduct, or any liability that cannot lawfully be limited or waived under Arizona law, including consumer protection statutes.
8. Indemnification
Client agrees to indemnify and hold Celestia harmless from third-party claims arising out of Client's negligence, misuse of completed work, or breach of these Terms. Consistent with A.R.S. § 32-1159, nothing in this Section, and no provision of these Terms, requires either party to indemnify the other for damages, claims, or losses caused by that other party's own negligence, and any such provision is void and unenforceable to that extent.
9. Insurance
Celestia carries general liability insurance and, if applicable, a Recovery Fund-eligible license bond as required by the Arizona Registrar of Contractors. Proof of insurance is available upon request. Client is encouraged to notify their homeowner's or property insurer of planned exterior work as appropriate.
10. Site Photographs and Marketing
Celestia may photograph completed projects from the public right-of-way or with Client's on-site permission for use in portfolios, advertising, and online marketing (including the website and social media). Photographs will not include identifying information such as Client's name or exact address without separate written consent. Client may opt out of marketing use by notifying Celestia in writing prior to project completion.
11. Cancellation
Client may cancel a scheduled project with at least 48 hours' notice prior to the scheduled start date without penalty, except that any non-refundable deposit already applied to ordered materials will not be returned. Cancellations made after materials have been ordered or work has begun will be invoiced for materials procured and labor/equipment costs incurred to date.
12. Notice Regarding Mechanics' Liens
Under Arizona law, persons or entities that furnish labor, materials, or professional services for the improvement of real property may have lien rights against that property. This provision is furnished as an informational notice and does not itself create or waive any statutory lien right held by Celestia or any subcontractor or supplier.
13. Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms or the work performed shall be subject to the exclusive jurisdiction of the state or federal courts located in Maricopa County, Arizona. The parties agree to first attempt to resolve any dispute through good-faith direct negotiation for at least fifteen (15) days before initiating formal proceedings.
In any action to enforce these Terms or collect amounts owed, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, to the extent permitted by Arizona law.
14. Miscellaneous
- Entire Agreement: These Terms, together with the applicable signed proposal or invoice, constitute the entire agreement between the parties and supersede any prior oral or written understandings.
- Severability: If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
- No Waiver: Celestia's failure to enforce any provision is not a waiver of that provision.
- Assignment: Client may not assign this agreement without Celestia's written consent.
- Amendments: Celestia may update these Terms for future work; the version referenced on the applicable invoice governs that transaction.