MOW BROS, LLC — INSTALL & ON-SITE SERVICE TERMS
Effective August 19, 2026
These Terms and the approved Estimate are the agreement between Mow Bros and the customer approving it (“Customer”).
SCOPE. Mow Bros provides only what the Estimate lists, which controls scope and price. Not included: permits, HOA approvals, private line work, irrigation repair beyond what the Estimate states, drainage or soil work, buried obstructions, access restoration, and pre-existing conditions. One-time job only; no ongoing service is implied. Mow Bros does not perform ladder, roof, or gutter work.
ESTIMATES, MATERIAL QUANTITIES & CHANGES. Estimates are good-faith approximations, not fixed prices unless marked “fixed price,” and may be adjusted for conditions not reasonably discoverable when quoted. Material quantities shown on the Estimate are estimates only. Actual mulch, rock, soil, sod, or other material required is confirmed on site, and any quantity beyond the Estimate bills automatically at cost plus 20% without stopping work — by approving the Estimate, Customer authorizes those charges in advance. Additional labor beyond the Estimate’s scope bills at $105 per hour plus materials at cost plus 20%; email, text, or online approval counts as written approval.
ACCEPTANCE. This agreement binds when Customer electronically approves the Estimate, pays the deposit, or asks Mow Bros to proceed. Estimates are delivered and approved remotely; this is not a home solicitation sale. The person approving is personally responsible for payment regardless of any arrangement with an owner, tenant, or insurer, and confirms they are authorized to order the work and requested this Estimate.
DEPOSIT. A deposit of 10% of the Estimate total is required before any job is scheduled. THE DEPOSIT IS NON-REFUNDABLE. It is earned when Mow Bros schedules the work and reserves crew, equipment, and materials, and it is not returned if Customer cancels, for any reason.
PAYMENT. Balance is due on completion and past due 15 days later, then accrues interest at 1.25% per month (15% per year) or the maximum allowed by Mont. Code Ann. 31-1-107, whichever is greater. Customer authorizes Mow Bros to charge the payment method on file for balances over 10 days past due. Returned payments incur $30 plus any bank fees. Customer pays collection costs and the prevailing party recovers reasonable attorney fees. Mow Bros may record a construction lien under Mont. Code Ann. 71-3-521 et seq. and may suspend work for non-payment.
SCHEDULING & CANCELLATION. Service dates are estimates and may shift for weather, ground, equipment, or crew; Mow Bros is not liable for delay. No job is scheduled until the deposit is paid. Special-order and perishable materials (sod, plants, rock) are non-returnable once ordered, at Customer’s cost. On cancellation, Customer owes the non-refundable deposit, all materials ordered, and all work performed; after mobilization, add up to $150. A $150 trip fee applies if the crew arrives and cannot work.
UNDERGROUND & SITE CONDITIONS. Mow Bros requests Montana 811 locates of public utilities where required. MONTANA 811 DOES NOT LOCATE PRIVATE LINES. Before work begins, Customer must clearly mark sprinkler lines and heads, landscape lighting, pet and invisible fencing, private gas, water, sewer, septic and electrical lines, wells, and drain tile. Customer is solely responsible for the accuracy and completeness of those markings. Mow Bros is not responsible for damage to anything unmarked, mismarked, shallow, or defectively installed; repairs to those items are billable to Customer; and Customer remains responsible for any resulting third-party or utility claim.
IRRIGATION STARTUP & PRE-EXISTING CONDITIONS. Irrigation startup pressurizes a system that has been dormant. Components that are already cracked, split, corroded, freeze-damaged, or improperly winterized commonly fail at the moment of pressurization. Any such failure, and any resulting water damage, is a pre-existing condition and is Customer’s responsibility; repairs bill at Mow Bros’ then-current rates. THIS APPLIES WHETHER OR NOT MOW BROS PERFORMED THE PRIOR WINTERIZATION OR BLOWOUT. Mow Bros does not warrant that any system will hold pressure, does not guarantee against freeze damage, and is not responsible for the condition of a system it did not install. This paragraph does not limit Mow Bros’ responsibility for its own gross negligence or willful misconduct.
NO GUARANTEES. Work meets local industry standards and is complete when performed to that standard. PLANTS, SOD, AND SEED ARE SOLD AS IS, WITH NO WARRANTY OF ANY KIND. Mow Bros does not guarantee survival, establishment, growth, color, or appearance of any plant, sod, or seed. Watering, irrigation, and aftercare are Customer’s sole responsibility, and decline or death of plant material is not a defect in Mow Bros’ work. Mow Bros also does not guarantee cosmetic outcomes, color or texture of natural materials, soil conditions, settling, frost heave, erosion, or complete debris removal. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
NOTICE & RIGHT TO CURE. As a condition of any claim, Customer must give written notice describing the issue within 7 days after completion (3 days for property damage) and allow Mow Bros a reasonable chance to inspect and cure before withholding payment, hiring another contractor, starting a chargeback, or filing any proceeding. Third-party costs incurred without that notice are Customer’s. Payment or use without written objection is acceptance.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY MONTANA LAW, MOW BROS’ TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT CUSTOMER PAID FOR THAT JOB, AND MOW BROS IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, OR DIMINUTION IN VALUE. Mow Bros is also not liable for unmarked or mismarked items as described above, rutting in wet conditions Customer was advised of, hardscape already cracked or deteriorated, damage by others, or pre-existing conditions. Nothing limits liability for fraud, willful injury, or violation of law.
INDEMNITY & GENERAL. Customer will indemnify Mow Bros, its employees, and its subcontractors against claims arising from property conditions, Customer’s acts or omissions, or lack of authority to order the work; consistent with Mont. Code Ann. 28-2-2111 this excludes Mow Bros’ own negligence, recklessness, or intentional misconduct. Mow Bros is insured; certificates on request. Montana law governs and venue is the county where the work was performed. Mow Bros may subcontract; Customer may not assign. This is the entire agreement, may be changed only in writing, and any unenforceable provision is narrowed or severed with the rest remaining in effect.
By approving the Estimate, Customer agrees to these Terms, including the non-refundable deposit, the limitation of liability, and the indemnity.