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General Terms & Conditions

The foundation of our professional partnership. These terms ensure clarity, transparency, and mutual protection throughout your lighting project.

By accepting a proposal or authorizing work from Evening Glow LLC ("Contractor"), the Client agrees to be bound by the following terms and conditions. These terms supersede any prior agreements or understandings.

1. Total Contract Price & Payment Schedule

The total contract price covers all labor, materials, and equipment necessary to complete the project as specified in the agreed-upon proposal. This price is firm for the scope of work described.

  • Deposit: A non-refundable deposit of 50% of the total contract price is required upon signing the agreement to schedule the installation and order materials.
  • Final Payment: The remaining balance is due immediately upon substantial completion of the project.
  • Late Payments: Any payment not received within 10 days of completion will be subject to a late fee of 1.5% per month (18% annually) or the maximum allowed by law.

2. Project Access & Timeline

The Client agrees to grant Evening Glow LLC and its employees or subcontractors access to the property during normal business hours (8:00 AM – 6:00 PM) to perform the work.

Timeline Estimates: While we strive to adhere to scheduled start and completion dates, all timelines are estimates. Delays caused by weather, material shortages, or unforeseen site conditions shall not constitute a breach of contract. We will communicate any significant schedule changes promptly.

3. Utility Marking & Liability

Public Utilities: Evening Glow LLC will contact the state utility notification service (811) to mark public underground utilities (gas, electric, water, cable) prior to excavation.

Private Utilities: The Client is solely responsible for marking or notifying us of any private underground lines, including but not limited to:

  • • Invisible dog fences
  • • Private irrigation lines
  • • Pool plumbing/electric
  • • Septic systems/drain fields
  • • Private electrical lines to sheds/outbuildings

Evening Glow LLC is not liable for damage to unmarked or incorrectly marked private utilities. Repair costs for damaged private lines will be the responsibility of the Client.

4. Warranty Information

We take pride in our craftsmanship and the quality of our products.

  • Installation Workmanship: We provide a 1-year workmanship warranty. The written project agreement identifies the coverage for your installation; any different terms in an existing agreement continue to apply.
  • Product Coverage: Fixtures, bulbs, transformers and controllers carry the warranty specified for the actual model by its manufacturer. Your quote identifies the equipment, and the applicable written manufacturer terms are available before you accept it.
  • Separate Coverage: A limited lifetime product warranty does not extend Evening Glow's installation workmanship warranty.

Coverage and exclusions are determined by your written project agreement and the applicable manufacturer warranty. Contact us before arranging repairs so we can review the issue and explain the available coverage.

5. Limitation of Liability

Evening Glow LLC shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the services provided. Our total liability under any circumstances shall not exceed the total contract price paid by the Client.

We are not responsible for damage to landscaping (plants, sod, mulch) that is a necessary result of excavation, though we make every reasonable effort to restore the site to its original condition.

6. Change Orders

Any deviation from the original scope of work involving extra costs will be executed only upon a written "Change Order." This order will specify the additional work and the associated cost.

The Client agrees to pay all costs associated with Change Orders upon completion of the specific work described therein.

7. Cancellation Policy

The Client may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction (Right of Rescission).

After this period, if the Client cancels the project before work commences but after materials have been ordered, the Client is responsible for a restocking fee of 25% of the material cost plus any shipping charges incurred.

8. Insurance & Indemnification

Insurance: Evening Glow LLC maintains General Liability Insurance and Workers' Compensation Insurance as required by law. Proof of insurance is available upon request.

Indemnification: The Client agrees to indemnify and hold harmless Evening Glow LLC against any claims, damages, or liabilities arising from the Client's negligence or breach of these terms.

9. Governing Law & Entire Agreement

This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.

This document, along with the specific Proposal/Estimate provided, constitutes the entire agreement between the parties. No other agreements, representations, or warranties, whether oral or written, shall be binding unless included herein.

Questions regarding these terms?

We believe in full transparency. If any aspect of our agreement is unclear, please contact us prior to signing your proposal.

Evening Glow LLC

Lexington, KY

zc@eveningglowllc.com