1. Purchaser acknowledges that all property improvement projects involve inherent risks. Purchaser accepts the risks associated with this project. Purchaser accepts responsibility for the well-being of all persons (including children) and pets who may have access to work sites, vehicles, materials, trailers, tools, ladders, waste and any other items associated with the project or might in any way be affected by the activities of Steady Harvest’s workers or its subcontractors.

2. All work will be done in a good workmanlike manner and in accordance with applicable building codes. Upon completion Steady Harvest will remove all debris resulting from work.

3. Except as otherwise provided herein, Purchaser will obtain and comply with all local requirements for building permits, inspections, and zoning.

4. Steady Harvest assumes no responsibility for the existing property or buildings meeting local building, zoning, or code requirements, including but not limited to any set back requirements, and Purchaser is solely responsible for determining whether the proposed location of the Steady Harvest greenhouse complies with local requirements.

5. In the event permission is required to of the work hereunder due to zoning restrictions, property restrictions, homeowner’s association of otherwise, it will be the sole responsibility of Purchaser to obtain such permission. Steady Harvest is not responsible for compliance with color or style requirements of homeowners’ associations.

6. Purchaser agrees to pay interest in the maximum amount allowed by applicable law for all amounts that are due to owing after the completion of the work or termination of the contract.

7. In the event Purchaser defaults in the making of any payment or payments of the contract price of this Agreement, if any such default is not corrected within three (3) days after notice of default, the Steady Harvest will have the right to terminate the contract at that time and to remove all its property and equipment and that of its employees and any subcontractors; and the parties specifically agree that the down payment and any other payments specified on the first page of this contract will be applied by the Steady Harvest to any unpaid amounts in default, all without prejudice to all other rights and remedies under the law.

8. In the event Purchaser is in default of the agreement, fails to make any payment when due, or cancels this agreement, except as provided by this agreement, Steady Harvest will be entitled to recover all of its cost and expenses, including reasonable attorneys fees, involved in collecting any outstanding debt or balance due.

9. If contract is terminated after work has commenced, Steady Harvest has no obligations to replace, restore, or repair the condition of the property.

10. All starting and completion dates are approximate and subject to delays caused by circumstances beyond Steady Harvest’s control, including but not limited to strikes, material storage, fire and flood, war, acts of terror, pandemic or similar public health events or emergencies, governmental-ordered travel, work or shelter in place restrictions, and other acts of God, or by delays caused by Purchaser. Any delay caused by events beyond the control of the Steady Harvest will not constitute abandonment and will not be included in calculating time frames for payment or performance. Scheduling of the component activities is in the sole discretion of the Steady Harvest and unreasonable interference with the scheduling will be a breach of contract by Purchaser and grounds for discontinuing work by the Steady Harvest.

11. The contract price does not include hidden, unexposed, or unknown contingencies extant at the time of the sale such as but not limited to: hidden rock or tree roots, or other hidden, underground structures, concealed pipes, relocation of underground utilities. All costs associated with hidden, unexposed or unknown contingencies will be borne by Purchaser.

12. Purchaser will coordinate, at Purchaser’s expense, marking utilities before any digging occurs. Call Arizona 811 at least 2 business days prior to the installation date for this service.

13. Purchaser will notify Steady Harvest in advance if Purchaser is aware of any hazardous conditions or substances that exist or might exist in or near the installation site, including, but not limited to utility pipes, cables or wires (electrical, phone, cable, water, sewer, natural gas, etc.), insect/animal/pest infestation, noxious weeds (poison ivy/oak, etc.), flammables, mold, lead, radon or asbestos.

14. Purchaser shall be responsible for preparing the site prior to the scheduled installation date. The site must be level ground with no significant rock layers withing three (3) feet of the surface.

15. Steady Harvest does not provide any electrical work. (electrical work is provided by subcontractors). Steady Harvest does not provide any painting or staining. Steady Harvest does not provide drainage work.

16. Steady Harvest greenhouse components come with the following manufacturer’s Limited Warranties: (a) greenhouse frame* is warranted for ten (10) years from date of installation against structural failure; (b) SolaScrim™ greenhouse envelope is warranted for four (4) years from date of installation against puncture or other breach of integrity (c) Solexx™ includes a limited 10 year UV warranty from manufacturer (d) Poly film greenhouse envelope is warranted for two (2) years from date of installation** against puncture or other breach of integrity. All other components (excluding those purchased or provided separately by Owner(s)) are warranted for one (1) year from date of installation. All warranties exclude failure, damage or breakage due to (i) extreme weather events, (ii) falling trees or limbs, (iii) external causes including but not limited to impacts from vehicles, implements, or animals.

17. Installation by Steady Harvest comes with one year labor and workmanship guarantee. When repairs are required pursuant to the workmanship guarantee, Purchaser will send a written list to Steady Harvest and Steady Harvest will correct the appropriate item as promptly as possible allowing a reasonable time for scheduling. Purchaser is encouraged to wait a reasonable time to allow detection of a complete callback list before submitting a list.

18. THERE ARE NO OTHER EXPRESS WARRANTIES ON YOUR STEADY HARVEST PRODUCT BEYOND THOSE SET FORTH IN THESE ADDITIONAL TERMS AND CONDITIONS AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY DISCLAIMED BY STEADY HARVEST TO THE FULLEST EXTENT ALLOWED BY LAW. STEADY HARVEST SHALL NOT BE LIABLE FOR LOSS OF USE, INCONVENIENCE, LOST ITME, COMMERCIAL LOSS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSS.

19. This contract embodies the entire contract between the parties. Any modification to the contract, which changes the cost, materials, work to be performed, or estimated completion date, must be in writing and signed by both parties.

20. This contract will be governed by the laws of the state of Arizona.

21. If a dispute should arise regarding the manner of installation (as opposed to payment pursuant to the contract) the dispute will be resolved by three independent home improvement contractors, one to be chosen by Purchaser, one by the Steady Harvest, and a third by the two so chosen. A statement of the problem(s) will be provided by the complaining party in writing to the other party and to the independent contractors. The responding party will prepare a response to the statement within ten (10) calendar days. Both written statements will be provided to the independent contractors, who will render a written decision as soon as practicable but no later than thirty (30) days from submission of the parties’ written statements. The decision of the independent contractors on any such matter presented to them will be final and binding on both parties. Initially, Steady Harvest will be responsible for the cost of the independent contractors. However, if the Steady Harvest prevails, Purchaser will reimburse Steady Harvest for one-half of the total cost of the independent contractors. For purposes of complying with this provision, Purchaser agrees to provide the independent contractors with a reasonable access to the site and greenhouse.

22. Purchaser warrants that all information contained in any financial, credit, or accounting statement furnished in connection with this agreement, which is hereby made a part hereof, is complete, correct, and true.

23. Except where caused by the negligence of Steady Harvest, Purchaser agrees to assume full risk of loss or damage to any equipment, materials, or products upon its delivery to Purchaser’s location shown in this agreement. Purchaser is responsible for moving or protecting all personal items which may be affected by Steady Harvest’s work.

24. If any provision of this agreement is found to be invalid, illegal, or unenforceable, then this agreement will nevertheless continue in full force and effect except for said invalid, illegal, or unenforceable provision.

25. The failure of Steady Harvest to exercise or enforce any of the terms or conditions of this agreement will not constitute or be deemed a waiver of Steady Harvest’s right to thereafter to enforce each and every term and condition of this agreement.

THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

STEADY HARVEST’S LIABILITY TO HOMEOWNER WILL IN NO EVENT, EXCEED THE AMOUNTS PAID BY PURCHASER TO STEADY HARVEST UNDER THIS CONTRACT. IN NO EVENT WILL STEADY HARVEST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, INCURRED BY PURCHASER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

26. Steady Harvest reserves the right to use images and videos of the installation in progress and of completion. Purchaser hereby consents and grants Steady Harvest permission to use images/photographs for marketing advertising and instructional purposes. Confidential information (names, telephone numbers, addresses, or other specific location details) will not be used or disclosed by Steady Harvest.