Terms of Service

1. Agreement to These Terms

By visiting our website, requesting a quote, placing a booking, or buying any product or service from KYE NORDFELT ENTERPRISES LLC, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use the website or the services.

These terms form a binding agreement between you and the company. They apply in addition to any written quote, work order or service agreement that we provide for a specific project. Where a signed document conflicts with these terms, the signed document controls for that project.

You confirm that you are able to enter into a contract and that the information you give us is accurate. If you book on behalf of a business or another person, you confirm that you have authority to do so and that you will share these terms with that party.

2. Services We Provide

The company operates a working hoop house nursery and provides a set of seasonal growing programs and garden structures. Our services include hoop house builds, seedling starts, drip line setup, shade cloth fitting, season extension plans and soil block sales. Each service is described on our website and in the quote we prepare for your property.

We may add, change or retire a service from time to time. The description of a service on the website is a general guide, and the specific scope for your project is set out in the quote or work order. If there is a difference between a general description and your signed document, the signed document governs the work.

We provide the services within the limits of our staff, our equipment and the growing season. Availability can vary during busy periods, and a booking is confirmed only when we accept it in writing.

3. Eligibility and Use

Our website and services are intended for adults and for businesses. By using them you confirm that you are at least the age of majority in your jurisdiction or that you are using the site under the supervision of a parent or guardian. We do not knowingly contract with children.

You agree to use the website in a lawful manner and not to attempt to disrupt it, to gain unauthorized access to it, or to copy it for a competing purpose. You agree not to submit false information, to misuse the contact form, or to send content that is unlawful, threatening or harmful.

We may suspend or refuse access to the website or the services if we believe a person has broken these terms or is acting in a way that could harm the company, its staff or another customer.

4. Quotes and Bookings

A quote describes the work we propose, the materials we expect to use and the price we expect to charge. A quote is valid for the period stated on it and may change if the site conditions or the material costs change before the work begins.

A booking is confirmed when you accept a quote in writing and, where required, pay a deposit. Until that point we cannot guarantee a slot in the schedule, and time sensitive work such as a spring hoop build should be booked early in the season.

If the scope of a project changes after a quote is accepted, we will provide a written change before continuing. Additional work is billed at the rate stated in the change, and a change may shift the completion date depending on the schedule and the weather.

5. Pricing and Payment

Prices are stated in United States dollars. A project may require a deposit to hold a booking, with the balance due on completion unless the quote states another schedule. Product sales such as soil blocks are payable at the time of pickup unless we agree otherwise in writing.

We accept the payment methods listed in the quote. Overdue amounts may be subject to a late charge where it is allowed by law, and we may pause work on an account that is not current. You agree to pay any tax that applies to the sale of a product or service.

If you believe an invoice is wrong, please contact our office within a reasonable time so that we can review it with you. We would rather resolve a billing question directly than let it grow.

6. Scheduling and Access

We schedule work in the order that bookings are confirmed and with an eye on the season. A build or a delivery may be moved when weather makes the site unsafe or when the ground cannot be worked. We will give you as much notice as we can when a date must change.

You agree to give us safe access to the property on the scheduled day, to clear vehicles and obstacles from the work area, and to make sure that any pet or livestock is secured. If we arrive and cannot reach the site safely, we may need to reschedule and a trip charge may apply.

Time on site is planned around daylight and temperature, since some work is best done in the cooler hours. If a task must be split across two visits, we will tell you before we leave and confirm the next date.

7. Site Preparation

Some services require the ground to be prepared before we arrive. For a hoop house build, the site should be roughly level and free of buried lines that we have not been told about. You agree to mark any private utility, irrigation line, septic field or buried cable before we dig or set posts.

If we discover a buried obstruction that was not disclosed, we may need to adjust the layout or pause the work. Any extra labor or material needed to work around an undisclosed item may be billed as a change to the project.

For drip line setup and shade cloth fitting, existing water and structure connections should be in workable condition. Where an existing part is worn, we will point it out and suggest a repair before the new work is tied in.

8. Weather and Growing Risk

Growing in the high desert means living with weather that can swing between a cold dawn and a scorching afternoon. We design and build with that reality in mind, but we cannot control the weather and we cannot guarantee the outcome of a crop.

Wind, hail, frost, heat and drought can all affect a structure or a planting. Our workmanship warranty covers the parts we build and install, but it does not cover damage caused by a storm, by a falling limb, by a wildfire, by flooding, or by any event beyond our reasonable control.

We will advise you on venting, shade timing and cold protection for the crop you intend to raise. Following that advice helps your crop, but it does not remove the ordinary risk that comes with farming.

9. Customer Responsibilities

You agree to give accurate information about the site, the crop and any known hazard. You agree to follow the operating instructions we provide for a structure, a drip system or a shade system, including the vent and flush routines that keep them working.

• Keep children and visitors clear of active construction or digging areas.
• Do not modify a structure or a water system in a way that affects its safe use.
• Report any damage or defect to us promptly so that we can help.
• Maintain the routine care we describe, such as clearing debris from a roof or checking a filter.
• Use the products we sell, including soil blocks and seedling starts, in a manner suited to the crop and the season.

If a failure is caused by a failure to follow the operating instructions or the care routine, the workmanship warranty may not apply to that failure.

10. Workmanship Warranty

We warrant our workmanship against defects for a period stated in your quote, which for a hoop house build is typically one year from the completion date unless the quote states another period. The warranty covers the quality of our framing, anchoring, plumbing connections and cover installation.

The warranty does not cover normal wear, damage from a storm or an accident, damage caused by a modification we did not make, or damage caused by a failure to follow the operating instructions. Consumable parts such as cover film, tape and shade cloth carry the warranty of their manufacturer where one is offered.

To make a warranty claim, contact our office with a description and, where possible, a photograph of the issue. If the claim is valid, we will repair or replace the affected work. This warranty is the exclusive remedy for a defect in our workmanship.

11. Plants and Living Material

Seedling starts, soil blocks and any living material we sell are natural products. We take care to raise and harden them well, but we cannot guarantee that a plant will thrive once it leaves our yard, because the outcome depends on soil, water, weather and care on your side.

We will replace a start or a block that is defective at the time of pickup, provided you tell us promptly and return the material. We are not able to offer a refund or replacement for a plant that fails after it has been planted out or after it has been exposed to conditions outside our control.

You agree to handle and plant the material according to the guidance we provide, including the hardening routine and the transplant window noted on the tray label.

12. Ownership and Risk

Title to a product passes to you when you pay for it in full and take delivery. Risk of loss passes to you at the same point. For a build or an installation, a completed structure becomes part of your property once the project is finished and paid for, except for any rented equipment that remains ours.

Any tools, forms or equipment we leave on site remain the property of the company and may be removed at any reasonable time. Any design document, season plan or drawing we prepare remains our intellectual property as described further below.

13. Limitation of Liability

To the fullest extent allowed by law, the company is not liable for indirect, incidental, special, consequential or punitive damages, including lost profit, lost crop, lost revenue or loss of data, arising out of or related to the website, the services or these terms.

To the fullest extent allowed by law, our total liability for any claim related to a service is limited to the amount you paid to the company for that service. Where the law does not allow a limit of this kind, this section does not apply to that extent.

Nothing in these terms excludes a liability that cannot be excluded by law, including liability for fraud or for death or personal injury caused by our negligence. Some jurisdictions do not allow certain limits, so a part of this section may not apply to you.

14. Indemnification

You agree to defend and hold harmless KYE NORDFELT ENTERPRISES LLC, its owners and its staff from any claim, loss or expense that arises from your breach of these terms, your misuse of a product or service, your failure to disclose a hazard on the site, or your violation of any law or the rights of another person.

This obligation survives the end of these terms and the completion of any project. We will tell you promptly about any claim that falls within this section and will cooperate in a reasonable defense, at your expense where the claim is one you have agreed to cover.

15. Cancellation and Refunds

You may cancel a booking by writing to our office. If you cancel well before the scheduled date, a deposit may be refunded in full or in part. If you cancel close to the date, some of the deposit may be kept to cover materials already ordered and time already reserved.

We may cancel or reschedule a booking when weather or another condition makes the work unsafe or impractical. In that case we will offer a new date and, where a deposit was paid and no work has begun, a refund of the deposit if you prefer not to reschedule.

Product sales such as soil blocks and seedling starts are final once the material leaves the yard, except where a defect is present at the time of pickup as described earlier. A deposit on a custom material order may not be refundable once the order has been placed.

16. Intellectual Property

The content of this website, including its text, layout, styling and design, belongs to the company and is protected by law. You may read and share the pages for your own use, but you may not copy the site for a competing purpose or present our material as your own.

Any season plan, layout drawing or written schedule we prepare for you is provided for your use on your own property. It remains our intellectual property, and it may not be resold or distributed for commercial use without our written permission.

The company name and the branding shown on this site belong to KYE NORDFELT ENTERPRISES LLC and may not be used without written permission.

17. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these terms and should be read together with them. The Privacy Policy explains what we collect, why we collect it and the rights you have over it.

You can reach the Privacy Policy from the footer of every page. If you have a question about privacy that the policy does not answer, please contact our office and we will be glad to help.

18. Dispute Resolution

If a disagreement arises, we ask that you contact our office first so that we can try to resolve it directly. Many issues are the result of a simple misunderstanding and can be settled with a phone call or a visit to the yard.

If a dispute cannot be resolved by discussion, the parties agree to attempt mediation before starting a formal proceeding. Any dispute that remains unresolved after mediation may be brought in a court of competent jurisdiction as described in the next section.

You and the company agree that each may bring a claim only on an individual basis, and not as part of a class or representative action, to the fullest extent allowed by law.

19. Governing Law

These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law rules. Any legal proceeding that is not resolved by discussion or mediation shall be brought in a court located in the State of Utah.

If any provision of these terms is found to be unenforceable, that provision will be limited or removed to the smallest extent necessary, and the remaining provisions will continue in full force. A failure to enforce a provision on one occasion does not waive the right to enforce it later.

20. Changes to These Terms

We may update these terms from time to time to reflect changes in our services or in the law. When we make a change, we will update the date shown in this document and, where the change is significant, we will post a notice on the website.

Continued use of the website or the services after an update means that you accept the revised terms. If you do not agree with a change, please contact us before continuing, and remember that a project already booked is governed by the terms in force when the booking was confirmed.

21. How to Contact Us

If you have a question about these terms, a concern about a booking, or a request that concerns a privacy right, please reach out through the details above. We read every message and we aim to reply within one business day.