Project Terms, Conditions & Limited Warranty

Part 10 — Legal Terms

43. Limitation of Warranties. To the fullest extent permitted by applicable law, warranties provided by Apple are limited to the express warranties contained in the applicable Agreement and these Terms.

Manufacturer warranties remain the responsibility of the applicable manufacturer according to that manufacturer's terms.

Nothing in these Terms excludes or limits any warranty, right or remedy that cannot legally be excluded or limited.

44. Limitation of Liability. To the fullest extent permitted by applicable law, the Client agrees to defend, indemnify, and hold harmless Apple Landscape Design LLC and its owners, employees, representatives, and agents from third-party claims, damages, losses, liabilities, costs, and reasonable expenses to the extent arising from or caused by:

• The Client's negligence, misuse, or intentional misconduct;

• Unsafe conditions created or controlled by the Client or others outside Apple's control;

• Inaccurate or incomplete information provided by the Client;

• Undisclosed or improperly identified private utilities, irrigation systems, underground improvements, easements, property boundaries, or other concealed conditions known to the Client but not disclosed to Apple;

• Work, alterations, repairs, excavation, or modifications performed by the Client or third parties after Apple's work;

• Client-supplied products, materials, equipment, or specifications, except to the extent a claim results from Apple's improper installation;

• The Client's failure to obtain permits, HOA approvals, or other authorizations that the Agreement expressly assigns to the Client;

• The Client's failure to follow reasonable safety, care, maintenance, operating, or manufacturer instructions; or

• The actions of the Client's guests, tenants, vendors, contractors, or other persons under the Client's direction or control.

This provision applies only to the extent permitted by applicable law.

Nothing in this section requires the Client to indemnify, defend, or hold Apple harmless for Apple's own negligence, willful misconduct, or any liability that applicable law prohibits Apple from transferring to another party.

Apple remains responsible for its own obligations to the extent required by applicable law.

45. Dispute Resolution. Apple Landscape Design LLC stands behind the work and responsibilities it expressly undertakes.

At the same time, Apple cannot reasonably assume responsibility for product failures, third-party actions, natural conditions, consequential losses, or circumstances outside its contractual scope or reasonable control.

Accordingly, to the fullest extent permitted by applicable law:

No Consequential or Indirect Damages. Apple will not be liable for indirect, incidental, special, exemplary, or consequential damages arising from a claim relating to the project, including loss of use, lost profits, lost business opportunities, loss of enjoyment, or similar economic losses, except where such damages cannot legally be excluded.

Liability Related to a Specific Portion of Work. Where a claim concerns a particular product, component, trade, or identifiable portion of Apple's work, any contractual limitation of liability should apply, where legally enforceable, in relation to the amount paid to Apple for the portion of work giving rise to the claim rather than unrelated portions of the project.

Manufacturer Products. Apple is not responsible for losses caused solely by defects, failures, recalls, delays, discontinued products, or warranty decisions of third-party manufacturers, suppliers, or vendors, except to the extent Apple is independently responsible for its own installation workmanship or conduct.

Manufacturer warranty obligations remain governed by the applicable manufacturer's warranty.

Third-Party Work. Apple is not responsible for damages caused by the acts, omissions, workmanship, modifications, or repairs of contractors or other third parties not under Apple's responsibility or control.

Where Apple retains a subcontractor as part of Apple's contracted scope, nothing in this paragraph eliminates responsibilities Apple has for that subcontractor that cannot legally be limited.

Existing & Unforeseen Conditions. Apple is not responsible for damage or loss caused solely by preexisting defects, concealed conditions, undisclosed private utilities, unstable soils, groundwater, neighboring-property conditions, existing structural deficiencies, or other conditions Apple could not reasonably have discovered before performing the work, except to the extent Apple's negligence caused or contributed to the damage.

Client-Supplied Products. Apple is not responsible for the inherent quality, performance, compatibility, manufacturer warranty, manufacturing defects, missing components, or premature failure of Client-supplied products.

Apple remains responsible for its own installation workmanship when Apple has expressly agreed to install the product.

No Waiver of Non-Waivable Rights. Nothing in these Terms excludes, limits, or releases Apple from liability for its own willful misconduct, fraud, or any other liability that cannot lawfully be waived or limited under applicable law.

Nothing in these Terms eliminates any statutory consumer right or remedy that applicable law prohibits the Client from waiving.

46. Governing Law. The Agreement will be governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any venue provision included in a project-specific Agreement will remain subject to applicable law.

47. Legal & Regulatory Requirements. Apple and the Client remain entitled to all rights and protections that cannot legally be waived.

If the Illinois Home Repair and Remodeling Act or another consumer-protection law applies to a particular scope of work, any required notices, pamphlets, disclosures, acknowledgments or contractual provisions will supplement these Terms.

Nothing in these Terms is intended to waive rights that applicable law prohibits either party from waiving.

48. Severability. If a court or other authority determines that a provision of these Terms is invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

Where legally appropriate, an invalid provision should be interpreted or limited as necessary to make it enforceable while remaining as close as reasonably possible to its intended purpose.

49. No Waiver. Apple's decision not to enforce a provision on one occasion does not waive its right to enforce that provision in the future.

Providing goodwill assistance beyond Apple's contractual obligations does not automatically expand or permanently modify Apple's warranty obligations.

50. Entire Agreement & Written Modifications. The Agreement and incorporated documents represent the parties' agreement concerning the contracted work.

Statements, discussions or representations that materially alter the Agreement should be documented in writing.

Project-specific written agreements and approved Change Orders may modify these Terms for that particular project.

51. Electronic Communication & Signatures. The parties may use electronic signatures, electronic approvals, email, text messages and project-management systems where legally permitted.

Electronic signatures and approvals are intended to have the same effect as their paper equivalents to the extent permitted by law.

52. Version of Terms. The version of these Terms incorporated into the Client's Agreement at the time of acceptance will govern that Agreement unless the parties later agree otherwise in writing.

Future website updates will not automatically change the terms governing an already executed project.

53. Client Acknowledgment. By signing or electronically accepting a proposal or Agreement that incorporates these Terms, the Client acknowledges that:

• The Client has had an opportunity to review these Terms;

• The Client understands that Apple's workmanship warranty and manufacturer product warranties are separate;

• The Client understands that outdoor construction involves natural materials, maintenance requirements and site conditions;

• The Client agrees to promptly communicate concerns and provide Apple a reasonable opportunity to inspect legitimate warranty claims; and

• The Client agrees to the Agreement and incorporated Terms, subject to all rights provided by applicable law.

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