Terms & Conditions

Effective Date: 04/02/2026

Company: Novus Outdoor Living

These Terms and Conditions (“Agreement”) govern all services and materials provided by Novus Outdoor, LLC (“Novus Outdoor”) to the client (“Client”) as outlined in the Proposal. This Agreement, together with the Proposal, represents the entire agreement between the parties and supersedes all prior discussions or agreements.

1. Applicability

Client agrees to one of the following payment structures:
● Option A: 50-45-5 Payment Structure
○ 50% deposit due upon project approval
○ 45% due prior to project completion
○ 5% due upon substantial completion
● Option B: Paid in Full (3% Discount)
○ 100% payment due prior to project commencement
○ A 3% discount will be applied to the total contract price

Final Payment & Substantial Completion:
Final payment is due upon substantial completion, defined as the point at which the project is usable for its intended purpose.
Substantial completion excludes sealer application. Sealing is weather-dependent and requires surfaces to remain dry for 24 hours before and after application. Delays due to weather are expected and shall not delay final payment.
Failure to make payments as agreed may result in work stoppage, project delays, and additional fees.

2. Scope of Work

Novus Outdoor agrees to provide services including, but not limited to:

Paver installation
Artificial turf installation
Artificial green walls
Drainage solutions
Hardscapes
Paver lighting
Firepits

All work will be performed as outlined in the approved Proposal.

3. Project Scheduling & Performance

Project timelines are estimates only and may change due to:

Weather conditions (including rain and storms common in Florida)
Material availability
Site conditions

Novus Outdoor shall use commercially reasonable efforts but does not guarantee completion dates.

4. Site Conditions

Client acknowledges that all pricing is based on visible and reasonably anticipated site conditions.

Unforeseen conditions including, but not limited to:

Poor soil conditions
Drainage issues
Buried debris or roots
Irrigation conflicts
Underground utilities

may require additional work and will be addressed through a written Change Order, which Client must approve in writing.

5. Drainage Disclaimer

Unless specifically included in the Proposal, Novus Outdoor does not guarantee correction of existing drainage issues.

Client understands that:

Pre-existing drainage problems may affect performance
Water movement may change after installation

6. Materials & Natural Variation

Client acknowledges that materials such as pavers and turf may vary in:

Color
Shade
Texture
Pattern

These variations are natural and not defects.

7. Installation & Settlement

Minor settling, shifting, or separation of pavers may occur over time due to:

Soil movement
Weather conditions
Usage

This is considered normal behavior and not a defect unless caused by improper installation.

8. Access & Property Conditions

Client shall provide reasonable access to the project site.

Client acknowledges:

Installation may require heavy equipment
Minor or incidental disturbance to landscaping, irrigation, or surrounding areas may occur

Client is responsible for repairs to surrounding areas or undisclosed systems. Novus Outdoor is not responsible for pre-existing conditions or undisclosed underground systems.

9. Permits & HOA

Unless otherwise stated in the Proposal:

Client is solely responsible for obtaining HOA approvals and permits.

Novus Outdoor may assist but is not responsible for delays or denials.

10. Pricing, Deposit & Payment Terms

Pricing is based on the Proposal provided.

A deposit is required to secure scheduling and initiate the project. All deposits are non-refundable unless expressly stated in writing.

Client acknowledges that deposits secure scheduling, labor allocation, and material procurement. Novus Outdoor shall have sole discretion to apply deposits toward project costs including labor, materials, mobilization, administrative costs, and opportunity costs.

In the event of cancellation, delay, or default by Client, Novus Outdoor may retain all or part of the deposit. Any costs exceeding the deposit are the Client’s responsibility.

Deposits are not trust funds and may be used in the ordinary course of business.

Remaining payments are due per the agreed schedule. Unpaid balances accrue interest at 1.5% per month (or the maximum allowed by law).

Novus Outdoor may immediately suspend work for non-payment.

11. Change Orders

All changes to the scope of work must be:

Requested in writing
Approved in writing by both parties

Additional work will be billed accordingly and may impact timelines.

12. Cancellation

Once approved, the project is considered custom and scheduled.

All deposits are non-refundable once paid.

If Client cancels after work has commenced or materials have been ordered, Client remains responsible for the full balance of any costs incurred, including labor, materials, and scheduling commitments.

13. Warranty (1-Year Workmanship)

Novus Outdoor provides a one (1) year workmanship warranty covering installation defects.

Exclusions:

Natural settling or shifting
Weather, flooding, or environmental damage
Improper maintenance
Third-party damage

14. Maintenance Responsibility

Client is responsible for ongoing maintenance including:

Cleaning and sealing
Weed control
Turf upkeep

Failure to maintain may affect appearance and longevity and is not covered under warranty.

15. Limitation of Liability

Novus Outdoor shall not be liable for:

Indirect or consequential damages
Loss of use or enjoyment
Conditions beyond control

16. Force Majeure

Delays caused by weather, supply issues, labor shortages, or acts of God are not breaches of contract.

17. Termination

Novus Outdoor may terminate this Agreement if:

Payments are not made as agreed
Client breaches any term

18. Dispute Resolution (Mediation & Arbitration)

Disputes must first go to mediation in the project county.

If unresolved in 30 days, disputes proceed to binding arbitration in the same county.

Each party pays its own fees unless awarded otherwise.

Novus Outdoor retains the right to:

File liens
Pursue collection
Seek injunctive or equitable relief

without mediation first.

19. Governing Law

This Agreement is governed by the laws of the State of Florida

20. Construction Lien Rights

Client acknowledges Novus Outdoor’s right to file and enforce a lien under Florida law for unpaid work.

21. Suspension of Work & Remobilization

Non-payment allows immediate work stoppage.

Restarting work may require:

Remobilization fees
Updated pricing
Schedule availability

22. Substantial Completion

Project is substantially complete when it can be used for its intended purpose.

Minor punch list items, including cleaning, sealing, or other maintenance, shall not delay final payment.

Final payment is due upon substantial completion regardless of minor outstanding items.

23. Acceptance of Work

Final payment constitutes full and unconditional acceptance.

Client waives claims for visible or reasonably discoverable defects after payment.

24. Underground Utilities & Irrigation

Client must identify all underground systems.

Novus is not responsible for damage to unmarked or undisclosed systems.

25. Weather Delays

Florida weather delays are anticipated and are not breaches of contract.

26. Material Cost Increases

Pricing may be adjusted for material cost increases before installation.

27. Indemnification

Client agrees to indemnify and hold harmless Novus Outdoor from claims related to:

Site conditions
Client decisions or design
Permit or approval failures

28. Payment Disputes & Chargebacks

Client agrees not to initiate chargebacks or payment reversals without written notice.

Improper chargebacks constitute material breach.

29. Attorney’s Fees

Prevailing party in any dispute is entitled to recover reasonable attorney’s fees and costs, including lien enforcement or collection.

30. Photography & Marketing

Client agrees that Novus Outdoor may take photos and videos of the project for marketing and portfolio use in all media formats.

31. AI Agents & Jobber Integration

Client consents to Novus Outdoor using AI agents or Jobber integration for scheduling, reminders, customer communication, and project updates.

Communications sent via AI or Jobber automation are valid and binding for contractual and billing purposes.

32. Entire Agreement

This is the full agreement and may only be modified in writing signed by both parties.