Coy Land Techs Terms & Conditions

The Legal Side

We like to thank you for trusting Coy Land Techs and please do not let the legal stuff scare you. Coy Land Techs has no known history of unhappy clients and has never had resort to legal action with a client.

This agreement is between you and Coy Land Techs, which may be referred to as “CLT”, “CLT LLC”, “We”, “Us”, and “Our”. If you are in question or unsure about the meaning of any of these terms, it is your responsibility to contact us at support@coylandtechs.com

1. Contact Information

Phone- (951) 394-0848 • Email- support@coylandtechs.com

2. Terms of sale

Customer is responsible for reading this document and must agree to all terms before sale/service is final. Submitting or accepting any service/product/consultation/appointment request, declares you as the customer have read and agree to all of Coy Land Techs terms and conditions. • All clerical errors are subject to correction. • Any defect in service/product damage must be reported within 24 hours of receiving service/product to be considered defective. • No repairs, exchanges, returns or credit will be honored unless approved by Coy Land Techs upper management staff. • Coy Land Techs may cancel an appointment/order/service at any time. • All refunds will be refunded from our main office and require a reasonable allowed processing time. • Customer is responsible for all payments described. Any delay in payment will have additional interest of 35% APR and is calculated daily. • By accepting this contract client understands all legal cost and recovery fees will be billed to client and are subject to the same 35% interest charge. • Client understands that in case of dispute or partial payment, Coy Land Techs will place a lien on the property and will proceed with maximum legal action which will be billed to the client as described. 

3. Claims and Return Policy

Coy Land Techs stands behind our appointment/order/service 100% as long as the following procedures are followed. Any situation determined to be a lack of care for the order/service will void all guarantees and warranties. • All claims will be inspected by a Coy Land Techs staff member. If no staff is available than customer must provide clear digital images of the defect. Clarity of all images will be judged by Coy Land Techs. 

Images that Coy Land Techs determines are not clear enough to prove damage will not be accepted as valid proof. All images must be emailed within the 24 hour window to be considered valid, no exceptions. • Appointments may be cancelled in writing within 24 hours of original acceptance date & time; as long as product has not been delivered to the customer and the service has not started. • Contract may only be cancelled after 24 hours with approval from Coy Land Techs. No special order plants/products can be canceled after 24 hours or after the order has been processed for any reason. • If approved, all cancelation will be subjected to a 20% cancelation fee for service not yet provide, Customer will be 100% responsible for payment off all services rendered, products, and supporting cost to include landscaping materials, equipment rental, and labor cost. • Coy Land Techs staff will determine the best resolution to all claims. This may include replacing, repairing products and/or repeating service. • Coy Land Techs will have ultimate decision on any claim. No claim will be considered valid if claim involves customer preference change. • Product/service cannot be canceled/returned due to customer “accidently” choosing the wrong options. No return, refund, or exchange will be made based off any related mistake.

4. Delivery Policy

Coy Land Techs does the best job we can to ensure your service/product makes it to your home on time and in good condition. • Customer is responsible to clear any delivery site for proper movement of vehicles, equipment and products. No Coy Land Techs staff will be authorized to handle any items unless it is listed on the contract. • Any damage to customers home due to lack of preparation of the work site falls solely on the client. This includes all preventable damage to service/product as well. • Customer is responsible for measuring any gateways or path of delivery to ensure proper fitment of material/merchandise. No returns or credits will be granted due to equipment, product, or CLT staff not being able to “fit” into a pathway. • Any defects must be claimed at time of delivery. All claims involving defects after final inspection will be considered lack of proper care from the client, and will not be granted any kind of credit, return, or refund. • Service/product will not be rendered/delivered unless person receiving is over 18 years of age. • If Coy Land Techs staff determines the site of delivery is too risky and determines proceeding may cause damage to client’s property or products being delivered, CLT staff will inform the customer. At which point the customer can decide to waive Coy Land Techs of all possible damage that could occur during delivery/service rendered. If the customer does not wish to waive Coy Land Techs the merchandise will be left in a spot designated by the driver. • If client is not present at service/delivery site within 15 minutes of crew’s arrival and no other arrangement has been made, customer is responsible to pay all missed labor cost. • Under no circumstance will Coy Land Techs be responsible for cracked concrete/paver/brick unless Coy Land Techs has deliberately caused the cracking.  • Cracking due to grounds inability to handle normal construction work traffic is the responsibility of client.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COY LAND TECHS OR ANY OF ITS VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF PRODUCTS OR SERVICES RENDERED. CLT IS NOT RESPONSIBLE FOR ANY HEALTH OR NON HEALTH RELATED ISSUES ARISING FROM THE USE OF PRODUCTS SOLD, DONATED, OR RECEIVED FROM CLT. IF CLT IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE WITH CLT PRODUCT/SERVICE, CLT’S LIABILITY SHALL NOT EXCEED US $50.00. CLT IS NOT LIABLE FOR PRODUCT SPECS AND DOES NOT GUARANTEE ACCURACY OF THIRD PARTY VENDORS. WE ARE NOT LIABLE/ACCOUNTABLE FOR ANY INJURIES RESULTING FROM THE USE OF THE PRODUCTS OFFERED BY CLT. CLIENTS OF CLT SITE AND OTHERS RELATED TO THE CLIENT IN ANY FORM ACCEPT THE SERVICE AT THEIR OWN RISK

IN CASE A BREACH

You will not hold CLT responsible for your choice to breach these terms. We will not be held financially liable for any breach and are not required to reimburse you for any cost you incur attempting fight the terms of this agreement. You acknowledge and agree that your violation of the terms and conditions of these Terms of Use through unauthorized use of or access to the Site will result in a minimum of ten-thousand dollars ($10,000.00) in damages awarded to CLT.

DISPUTE RESOLUTIOND (LEGAL PROBLEMS)

IN THE UNLIKELY EVENT THERE IS A LEGAL PROBLEM BETWEEN YOU AND CLT, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

MANDATORY ARBITRATION

YOU AND CLT AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR CLT MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND CLT ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR CLT MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH NOTICE WILL INCLUDE:

(1) A DESCRIPTION OF THE FACTS;

(2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND

(3) THE RELIEF SOUGHT (“NOTICE TO ARBITRATE”).

SEND NOTICE TO ARBITRATE TO: COY HOME, LLC. 12625 FREDERICK ST. STE I-5 PMB #324, MORENO VALLEY, CA, 92553. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ARBITRATION RULES (AND THE AAA SUPPLEMENTAL PROCEDURES FOR CONSUMER RELATED DISPUTES AS THEY MAY BE APPLICABLE), AS MODIFIED BY THIS AGREEMENT. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT http://www.adr.org.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. YOU AND CLT WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND CLT CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND CLT FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR´S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. UNLESS YOU AND CLT OTHERWISE AGREE, ANY ARBITRATION WILL BE CONDUCTED IN RIVERSIDE, CALIFORNIA. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND CLT.

YOU AND CLT WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.  WE EACH HEREBY WAIVE OUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, WHETHER IN COURT OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

IF WE MADE A MISTAKE

If any of the terms in this agreement are to be deemed invalid, or for any reason unenforceable, that term will be considered isolated and shall not affect the validity and enforceability of any remaining terms.

5) GENERAL

Safety: Coy Land Techs take all necessary steps to ensure a safe worksite. If the clients’ property is deemed unsafe for any reason, Coy Land Techs staff will not complete the unsafe work. Client agrees to keep all animals, children, guest away from work site at all times. Work will not be completed for any reason if unauthorized persons or animals are present at the worksite. Client will be responsible for all lost labor, rentals, and fees during the uncompliant timeframes. Clients grants Coy Land Techs full access to the work site during normal working hours. Any time lost due to no access will be billed to the client for all associated cost.

Planting: Coy Land Techs is not responsible for any damage created by the growth of any plants. Damage may include but is not limited to the growth of plant and tree roots. Coy Land Techs is not responsible for damage caused by any chemicals used by CLT staff. If client request particular chemicals not be used, client is responsible for providing an alternative option. The effectiveness of service from alternate chemicals is not guaranteed for any reason.

Warranties: Product/Service will not come with a warranty from Coy Land Techs in any manner. We are not responsible for upholding the warranties, promises, or claims made by manufactures/suppliers or any other third parties.

Entire Agreement: These Terms of Use constitute the entire Agreement between you and CLT with respect to the subject matter hereof and governs your acceptance of service, superseding any prior agreements between you and CLT. You also may be subject to additional terms and conditions that may apply when you use affiliate services. CLT’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Choice of Law and Forum: Client agrees by allowing CLT staff to start work, the client has accepted terms of the contract either verbally or in writing. Verbal agreement does not require clients signature. The venue for any disputes arising from the use of this Site shall be Riverside, California. TERMINATION CLT may terminate this Agreement with or without cause, with or without notice.