Terms & Conditions

Last modified 05.01.26

These Terms and Conditions (“Terms”) shall apply to all products and services provided by Bennett West LLC, a Delaware limited liability company (“Bennett”) to customer. These Terms shall apply to all transactions between Bennett and customer, whether arising from proposals, estimates, purchase orders, delivery of goods or services, service agreements, invoices, or otherwise.

Scope of Terms

These Terms shall apply to all products and services offered by Bennett, including but not limited to irrigation systems, GridRelief^TM propane services, GrowSync^TM service package, pumps, and water treatment (collectively, the “Products and Services”).

Acceptance of Terms

Customer agrees that acceptance of any proposal, estimate, invoice, delivery of Products and Services, commencement of work by Bennett, placement of any purchase order, or payment made by customer to Bennett constitutes customer’s full and unconditional acceptance of these Terms. Any additional or conflicting terms proposed by customer are expressly rejected unless agreed to in writing by Bennett.

Workmanship and Limited Warranty

Bennett warrants that all work in connection with the design and/or construction of an irrigation project or system shall be completed by Bennett in a workmanlike manner consistent with generally accepted industry standards. Bennett further warrants its design and workmanship of irrigation systems and related projects for a period of one (1) year from the date of completion of the system. However, no such warranty shall exist if the system is damaged by the Customer, other third parties, settlement of land, cold water, an act of God, or any other external factors. All parts, equipment and materials shall only be subject to warranties, express or implied, if any, provided by the Manufacturer and are not warrantied whatsoever by Bennett. Bennett hereby disclaims any implied warranties, and Customer waives any rights related to any implied warranties, including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose.

Estimates

Estimates provided by Bennett are valid for a period of thirty (30) days from the date issued. All estimates are based on normal working conditions, including, but not limited to, clear rights of way, no mud or hardpan in the work area, no shallow ground water, no delays due to pipeline drainage, no excessive rock, and no trench cave-ins. Customer shall be solely responsible for any and all additional charges, fees, or costs incurred by Bennett if Bennett is required to expend any additional time, labor, or materials due to the existence of any of the aforementioned conditions, or any other condition that does not constitute a normal working condition. Customer agrees to pay Bennett, at Bennett listed unit prices, or at a fair market price determined solely by Bennett if no unit price is listed, for all articles, materials, equipment and parts furnished by Bennett, including any additions to the customer’s order made by Bennett to customer or the customer’s employees either verbally or in writing. Customer agrees to pay for all of Bennett’s installation on a basis of actual quantities measured and installed.

Taxes and Fees

Customer agrees to pay all taxes and fees, including but not limited to sales tax, mill tax, and Hawaii excise tax, on all tangible merchandise purchased from Bennett.

Late Payments and Default

A charge for any late payment computed by a “periodic rate” of 1 ½% per month will be added to all accounts unpaid after 20 days following the date of each invoice. Such late charge shall accrue as of the date of the invoice on the outstanding balance set forth therein. In the event any payment is not received within sixty (60) days of an invoice, the customer shall be in default. If customer is in default, Bennett may, but is not obligated to, suspend performance, withhold deliveries, declare all amounts immediately due and payable, or pursue any and all remedies available to Bennett including but not limited to referring the matter to an attorney for collections. Customer shall pay all reasonable attorney’s fees and costs related to such collection efforts and legal actions.

Payment Structure

Customer shall pay for all Products and Services rendered by Bennett in one of the following ways: (i) providing a 100% down payment with a signed estimate, or (ii) by providing a completed credit application to Bennett and, if approved by Bennett, making payment in accordance with the terms outlined in this Paragraph 7. All completed credit applications are subject to Bennett’s review and approval. Bennett may, in its sole and absolute discretion, approve or deny any credit application for any reason. If Bennett approves customer’s credit application, customer shall pay by providing a 50% down payment with their signed estimate, and pay the remaining balance due pursuant to invoice terms.

Delivery, Lead Time and Inclusions

Estimated lead times are approximate and subject to change by Bennett. Unless expressly stated otherwise in writing by Bennett, lead times may vary depending on factors including but not limited to availability of materials, equipment, manufacturer production timelines, and shipping conditions. Further, unless expressly stated otherwise in writing by Bennett, propane tanks and fuel are not included in any estimate provided by Bennett. Installation of propone tanks and the associated costs are only included in a project if specifically included in writing.

Permits

Estimates provided by Bennett do not include any fees or costs related to obtaining the necessary permits for any project. Obtaining the required permits and paying all costs associated with obtaining the permits shall be the sole responsibility of the customer.

Existing Water Lines

Estimates provided by Bennett do not include the time or cost required to drain existing water lines. If Bennett is required to drain existing water lines, customer shall be solely responsible for all charges and costs associated with such work, in addition to all amounts contained in the estimate and otherwise due and owing.

Alterations

Any changes to the scope of work to be performed by Bennett must be documented in a written change order signed by Bennett. Customer shall be solely responsible for any additional charges associated with any written change order in addition to all amounts contained in the estimate.

System Use

Customer agrees not to misuse, alter, or improperly operate systems installed by Bennett. Any misuse, alteration or improper operation by customer or any third party shall void all applicable warranties provided by Bennett, and release Bennett from any and all potential liability resulting from the misuse, alteration or improper operation.

Regulatory Compliance

Customer represents and warrants that it currently holds, and will maintain at all times, all licenses, permits, registrations, certifications, and approvals required under applicable federal, state, and local laws and regulations to purchase, handle, store, and use all products which customer requests an estimate for, including but not limited to any and all chemicals, fertilizers, or other regulated products for which customer requests an estimate for. Customer further represents and agrees that it will maintain complete and accurate records of all required licenses, permits, registrations, certifications, and approvals and will provide proof of such documents to Bennett within seventy-two (72) hours of a written request from Bennett requesting such proof.

Disclaimer

Customer hereby acknowledges that agricultural performance and outcomes depend on many variables outside of Bennett’s control. These variables include but are not limited to weather, soil conditions, water quality, and crop management. Bennet does not make any guarantee or representations related to crop quality, yield, system performance outcomes, or financial results. Bennett shall not be liable for indirect or consequential damages, including but not limited to damages related to crop loss or lost profits.

Indemnification

Customer shall indemnify and hold harmless Bennett, and Bennett’s shareholders, members, directors, managers, officers, employees, agents, and successors (collectively, “Indemnitees”) from and against all liability, causes of action, personal injuries, injuries to property, or any other damage suffered by reason of customer’s actions, inactions, negligence and intentional acts related to the property and the subject project, and further holds Indemnities harmless against all demands, claims, actions, losses, and expenses arising therefrom, including reasonable attorney’s fees and costs.

Limitation of Liability

Customer agrees to limit Bennett’s liability related to or arising out of Bennett’s Products and Services to the total aggregate amount paid by customer for the applicable project giving rise to the liability.

Credit Cancellation

Bennett reserves the right to cancel any contract with customer if customer’s credit application is not approved or if customer’s credit worthiness is in question for any reason, as determined solely by Bennett.

Force Majeure

Bennett shall not be considered in breach of its obligations for any project to the extent that performance is delayed or prevented by: an act of nature, a public enemy, severe weather (including but not limited to hurricanes, tornadoes, or other severe wind), fire, flood, earthquake, labor unrest or strike, freight embargo, terrorism, war, crime, cyberattack, riots, insurrection, failure of the public electrical grid, failure of the public internet, failure of the public electronic payments system, or a similar type of circumstance beyond the reasonable control of Bennett (a “Force Majeure Event”); provided that Bennett shall, within ten days from the beginning of such Force Majeure Event, give notice to customer of the fact of the event and its probable effect on performance. A Force Majeure Event shall not detract from Bennett’s right to receive payment for Products and Services already sold to, delivered, or provided to customer.

Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of California. Venue for any dispute arising hereunder shall lie exclusively in the Superior Court in the County of Kings, State of California.

Entire Agreement

These Terms, together with any estimate, proposal, invoice, or agreement between Bennett and customer represent the entire agreement between Bennett and customer.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

Attorney’s Fees

If an action at law or in equity is brought to enforce or interpret these Terms, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which they may be granted.

Captions

The headings, titles, and captions contained in these Terms are inserted only for the convenience of the parties and for reference, and in no way define, limit, extend, or describe the scope of these Terms or the intent of any provision hereof.