BUILD & DELIVERY agreement

1 – Payment

1.1 – Down Payment – Work will begin on your high tunnel after we receive the initial down payment. The down payment is refundable up until we place any order for raw materials. Once we have ordered materials for your high tunnel the down payment becomes non-refundable.

1.2 – Balance Due – The balance of your invoice will be due upon either completion of the professional build or the complete delivery or pick-up of your kit.

1.3 – Payment Methods – Payments for the down payment and balance due can be made by either cash, check or card. All credit card payments will be serviced through our online invoicing portal. All checks are to be made out to:

Roberts Ranch & Gardens LLC

1.4 – Returned Check/Insufficient Funds – Should any payment be returned or bounced the buyer will be responsible for covering whatever bank charges Roberts Ranch & Gardens (Roberts) is assessed.

2 – Deliverables & Service

2.1 – Roberts Ranch & Gardens will provide all the services, parts, construction and instructions per the customer approved estimate. Upon payment of balance due, the customer affirms that all required material for construction of High Tunnel Kit is present in the shipment, or that construction of professional build is complete and no efforts will be made at the expense of Roberts Ranch and Gardens to supplement any missing part(s). Exceptions include damaged or broken material covered by the warranty. After a period of 180 days from the date of completion of a professional installation or delivery or pick up of High Tunnel Kit, no efforts will be made at the expense of Roberts to supplement any missing part(s).

2.2 – The customer may contact Roberts Ranch & Gardens freely for help while constructing a High Tunnel from one of our kits or at any time after completion of a kit or professional build for tips, tricks, ideas, add-ons or other troubleshooting with the High Tunnel.

3 – Product Installation

3.1 – The customer is responsible for leveling the sight where the structure is to be built. If a customer does not have the site leveled the construction team provided by Roberts Ranch will rent the proper equipment as they deem necessary to level the construction site and the expenses for the rented equipment will be added to the original quote provided to the customer. Keep in mind that the original quote is an estimate and other unforeseen expenses may be charged. Roberts Ranch will do their best to stay as close to the original calculated estimate.

3.2 – If the customer does not want the construction team provided by Roberts Ranch to level the ground, the customer will have to level it by other means and another build date will be scheduled, or they will have to install the product themselves. If the customer no longer wants to proceed with the build, due to expenses involved with leveling the ground, Roberts Ranch will provide the customer with all documentation necessary for the construction of their DIY KIT. The Customer will be responsible for any expenses accumulated by Roberts Ranch for the project such as hotel, fuel, travel time, meals, and materials.

3.3 – The Customer is responsible to check the soil conditions at the desired construction site, to determine how rocky the ground is to receive a more accurate estimate. Roberts Ranch cannot set foundation posts on rocky soil without digging. Roberts Ranch will do their best to avoid digging, but for the security and the strength of the structure in some cases its required. Roberts Ranch will consult customer regarding a final decision regarding holes dug for the foundation. If it is determined to dig holes, Roberts Ranch will add $25 to the original estimate for each hole that is dug throughout the build.

3.4 – If Roberts Ranch rents equipment for the holes that are dug or leveling for the build, the customer takes full responsibility and will be charged if rented equipment is damaged in the process of digging or leveling.

3.5 – Weather Conditions prevent the construction of the structure. If the weather is below 60 degrees Fahrenheit or if the wind is 10Mph or above, the plastic will not be able to be pulled. Pulling in wind 10+Mph wind will cause damage to the plastic and void the warranty. Roberts Ranch does not build in these conditions because it’s a risk to the customers warranties on the plastic and structure. Roberts Ranch will not build any structure if it is not scheduled by October 1st of that year.

3.6 – Roberts Ranch requires customer to call a utility line company to inspect construction sight for electrical, plumbing, and gas lines to ensure safety of Roberts Ranch crew and safety to the customer. Roberts Ranch will not build if there is any utility line running through the construction site.

3.7 – For the safety of the Roberts Ranch crew and the customer, Roberts Ranch reserves the right to cancel a build at any time if the terms of the Product Installation Agreement are breached.

By signing below, you agree to the terms and conditions stated above in the Product Installation.

4 – Warranty - This warranty shall not be effective until payment in full has been made by Buyer.

4.1 – Roberts warrants to Buyer for a period of 2 years from the date full payment is received the material used in the construction of the High Tunnel. Roberts’ responsibility and liability pursuant to this warranty is expressly limited to the replacement of defective materials and in no event shall the liability exceed an amount equal to $26.00 per perimeter foot. Roberts’ sole obligation under this warranty is to repair or replace the material, subject to the limitation herein. This warranty is applicable only to damage to or failure of materials caused by normal atmospheric exposure or a defective part. Winds in excesses of 70 mph are considered an F1 tornado and we will not warrant the structure for damage due to tornado strength winds.

4.2 – Roberts warrants tensile strength of plastic to be equal to 30psf. And will cover any damage sustained to the plastic or structure by snow loads equal to or less than 30psf for a period of 4 years from the date of purchase.

4.2.1 - This warranty does not cover damage to the plastic covering, including, but not limited to, holes or tears in the plastic due to flying debris or objects, punctures or tears or failure to properly secure the plastic in wind storms. The structure is not designed to have objects hanging from the frame that weigh more than ten pounds per section (each section is where the ribs cross the purlins). Damage due to climbing on, or hanging from, or hanging excessively heavy objects on the structure is not covered by this warranty.

4.2.2 - This warranty does not cover damage to any part of the High Tunnel structure due to negligence on the part of the buyer to properly secure High Tunnel in high winds or remove excessive amounts of snow off the structure in winter.

4.2.3 - Buyer shall notify Seller of any claim under this warranty. Notification shall be in writing within 20 days of any claim and mailed to Roberts at: 334 E. Southfield Road, Spanish Fork, Utah, 84660

4 – Buyer is solely responsible for obtaining any necessary approvals and or permits from the city/county that has jurisdiction over Buyer’s property.

5 – The High Tunnel is a temporary structure. It is not designed to be inhabited by humans or occupied in extreme weather conditions or when there is a heavy snow load on the structure. Use of the High Tunnel is at the buyer’s, buyer’s invitees, and buyer’s guests own risk.

6 – High Tunnels require annual maintenance. While the High Tunnel will withstand winds and snow loads beyond our warranty, structural wear and tear will occur during these events. Proper maintenance and repair is necessary on an ongoing basis in order to extend the life of the High Tunnel and secure the warranty here provided.

By signing below, you agree to the terms and conditions stated above.