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Terms of Service

Shelby Yard

901-864-3411 | info@shelbyyard.com
Memphis, TN | Serving the greater Memphis area

Last Updated: June 2026

1. Agreement to These Terms

By contacting Shelby Yard, requesting a quote, signing a contract, or permitting us to perform work at your property, you agree to these Terms of Service. If you do not agree, please do not use our services.

These Terms apply to all customers of Shelby Yard, whether you are engaging us for the first time or are a returning customer.

2. Our Services

Shelby Yard provides residential drainage contracting services in Memphis, Tennessee and surrounding communities within a 30-mile radius, including Germantown, Collierville, Bartlett, Cordova, East Memphis, Lakeland, Arlington, and Millington. Services include:

  • French drain installation
  • Catch basin installation and replacement
  • Downspout drainage extensions
  • Foundation drainage
  • Landscape grading
  • Sump pump discharge systems

We are a drainage specialist, not a general landscaping or construction contractor. Our scope of work is limited to the drainage services described in your quote. Any work outside that scope must be separately agreed to in writing.

3. Quotes, Contracts, and Scope of Work

3.1 Quotes

All quotes are provided in writing and are valid for 30 days from the date of issue. Prices are based on site conditions assessed at the time of the site visit. If conditions change — or if conditions observed during installation differ materially from what was assessed — we will notify you and provide an updated quote before proceeding with additional work.

A quote is not a contract. Work will not begin until a signed contract and deposit have been received (see Section 4).

3.2 Scope Changes

Any change to the agreed scope of work — including additions, deletions, or substitutions — must be agreed to in writing by both parties before the change is made. Verbal approvals are not binding on Shelby Yard. We will not perform additional work beyond the signed contract without a written change order, regardless of on-site conversations.

This policy protects you as much as it protects us. It ensures that you always know exactly what you are being charged for before the work is done.

3.3 Unforeseen Conditions

Underground drainage work can occasionally reveal conditions not visible during assessment — buried debris, existing drain systems in poor condition, rock, high water table fluctuations, or soil conditions inconsistent with the surrounding area. If we encounter such conditions, we will stop work, document the situation, notify you promptly, and provide a written change order before proceeding. You are under no obligation to authorize additional scope.

4. Deposit and Payment Terms

4.1 Deposit Required

A deposit of 30% of the total quoted amount is required before work begins. The exact deposit amount is stated in your contract and must be paid prior to your installation date being confirmed. Work will not begin until both a signed contract and the deposit payment have been received.

How deposits are collected: Your contract will be sent to you electronically for e-signature. After signing, you will be directed to pay the deposit amount online or other form of agreement.

4.2 Cancellation and Rescheduling

  • Cancellation more than 7 days before installation: Your deposit will be refunded in full.
  • Cancellation 3–7 days before installation: We reserve the right to retain up to 50% of the deposit to cover material pre-orders and crew scheduling costs already incurred.
  • Cancellation fewer than 3 days before installation: We reserve the right to retain the deposit in full to cover costs already incurred.
  • Rescheduling: We will make reasonable efforts to accommodate rescheduling requests. One reschedule within 14 days of the original installation date is generally allowed at no charge. Subsequent rescheduling or rescheduling with fewer than 48 hours notice may result in a rescheduling fee.

4.3 Balance Due on Completion

The remaining balance is due upon completion of the installation, before our crew leaves the site, unless otherwise stated in your written contract. Accepted payment methods are stated on your invoice.

4.4 Late Payments

Balances not paid within 10 days of the completion date are subject to a late fee of 1.5% per month (18% per year) on the outstanding amount. We reserve the right to pursue collection through any lawful means, including filing a mechanic's lien against the property under Tennessee Code Annotated § 66-11-101 et seq.

5. Warranty Policy

5.1 Which Tier Includes a Warranty

The 1-year written warranty is included with the Complete Solution tier and the Total Protection tier only. It is not included with the Essential Drain tier.

Service TierWarranty Coverage
Essential DrainNo warranty included. Work is performed to professional standards; workmanship defects may be reported within 30 days and will be evaluated on a case-by-case basis at our discretion.
Complete Solution1-year written warranty on workmanship and materials we supply
Total Protection3-year written warranty on workmanship and materials we supply, plus one free annual drainage inspection per year of the warranty term

5.2 What the Warranty Covers

The warranty covers defects in workmanship and materials supplied by Shelby Yard, including:

  • Installation failures attributable to how the system was installed (e.g., improper slope, unsealed connections, inadequate gravel wrap)
  • Premature failure of materials we selected and supplied under normal operating conditions

5.3 What the Warranty Does Not Cover

The warranty does not cover:

  • Third-party products or materials: Components manufactured by third parties (pipe, basins, emitters, etc.) are covered only by the manufacturer's own warranty, if any. We will assist you in filing a manufacturer warranty claim, but Shelby Yard is not responsible for manufacturer defects.
  • Acts of God and natural events: Flooding, storm damage, extreme weather, ground movement, tree root intrusion, or other events beyond our control
  • Improper use or modification: Any alteration, addition, or interference with the drainage system by someone other than Shelby Yard without our prior written approval
  • Pre-existing conditions: Damage, settlement, or failures attributable to conditions that existed before our installation
  • Normal wear and sediment: Drainage systems in clay-heavy soil environments (like Memphis) require periodic maintenance (cleanout, flushing). Sediment accumulation or reduced flow due to lack of maintenance is not a warranty defect.
  • Consequential damages: Damage to landscaping, hardscape, structures, personal property, or other systems arising from a drainage system failure — whether or not the failure itself falls under warranty

5.4 How to Make a Warranty Claim

To make a warranty claim, contact us within the warranty period:

  • Phone: 901-864-3411 (7am–10pm daily)
  • Email: info@shelbyyard.com

Please describe the problem and, if possible, include photos. We will schedule a site visit within a reasonable time to evaluate the issue. If we determine the issue is covered under warranty, we will perform the necessary remediation at no charge. If we determine it is not covered, we will explain why in writing and provide a quote for any repair work you choose to authorize.

5.5 Important Note on AI-Generated Design Reports

Our Field Assessment Tool includes an AI-assisted drainage design feature that produces a property-specific design report. That report may include warranty language that does not reflect Shelby Yard's actual warranty policy. The warranty terms in these Terms of Service control. If there is any conflict between a design report and these Terms, these Terms govern.

6. Property Access and Site Conditions

6.1 Access

You agree to provide Shelby Yard and our crew with reasonable access to your property on the agreed installation date(s). This includes access through gates, side yards, and any other areas necessary to complete the work described in your contract.

If access is not available on the scheduled date through no fault of Shelby Yard, you may be charged a trip fee of up to $150 and your installation date will need to be rescheduled.

6.2 Underground Utilities

Tennessee law (T.C.A. § 65-31-101 et seq.) requires that underground utilities be located before excavation begins. Shelby Yard will contact Tennessee 811 (One-Call) before work starts, which locates publicly-owned utilities (gas, electric, water, sewer, telecom). However, 811 does not locate private utilities. The following are the Customer's sole responsibility to identify, mark, and disclose in writing to Shelby Yard before work begins:

  • Irrigation and sprinkler systems
  • Invisible/underground pet fence lines
  • Outdoor lighting conduit and low-voltage wiring
  • Private internet or cable lines run from the home
  • Private water lines or secondary sewer lines
  • Propane tanks or private gas lines
  • Any other privately installed underground infrastructure not on public utility records

Shelby Yard is not liable for damage to any private utility or underground infrastructure that was not disclosed and physically marked by the Customer prior to excavation. If an undisclosed private utility is struck during the course of work, the cost of repair is the Customer's responsibility. Work may be paused until the affected line is repaired, and additional scope resulting from the discovery will require a written change order.

6.3 Landscaping and Hardscape

Drainage installation requires excavation through your yard. Some surface disturbance is inherent to the work. Unless Sod & Topsoil Restoration is included as a line item in your contract, Shelby Yard will backfill and grade the excavated area, but lawn regrowth, plant replacement, and cosmetic restoration are the Customer's responsibility.

Even where sod restoration is included: lawn over a drainage trench will not immediately match the surrounding yard in density, color, or texture — full integration into the surrounding turf takes one to two growing seasons under normal conditions. Memphis's Peoria loess clay soil causes natural settling along trench lines for weeks to months after installation. Minor surface unevenness along the trench path is normal and expected. Heavy rainfall in the first 30 days after installation may accelerate settling; Shelby Yard is not responsible for re-grading or re-sodding due to post-installation weather events.

Shelby Yard is not responsible for: matching the exact appearance or density of existing lawn over the trench area; restoring garden beds, ornamental plantings, or landscaping features not specifically listed in the scope of work; damage to lawn areas caused by equipment access routes that were agreed upon or necessary given the site layout; or pre-existing lawn quality issues that become more visible after installation.

6.4 Structural and Pre-Existing Property Conditions

Drainage installation involves excavation in proximity to foundations, retaining walls, pools, fences, decks, driveways, patios, and other existing structures. Shelby Yard takes reasonable care to avoid disturbing existing structures.

Shelby Yard is not responsible for:

  • Pre-existing cracks, settlement, or structural weakness in foundations, walls, or slabs that become visible during or after installation
  • Damage to pools, pool equipment, or pool decking, unless Shelby Yard's work physically strikes the structure due to Shelby Yard's direct negligence
  • Damage to retaining walls, fences, or hardscape features that are structurally compromised prior to work and whose condition was not disclosed
  • Settlement or shifting of driveways, patios, or walkways caused by changes in soil moisture or drainage patterns after installation — this is a natural consequence of redirecting water flow in clay-heavy soils

If any existing structure appears compromised or at risk prior to excavation, Shelby Yard will document the condition and notify Customer in writing. Customer may authorize or decline to proceed.

7. Permits

Some drainage installations may require permits from the City of Memphis, Shelby County, or a municipality within our service area. Where permits are required:

  • We will notify you in advance if a permit is needed for your project
  • Permit fees are the customer's responsibility and will be listed as a separate line item on your quote if we are coordinating the permit on your behalf
  • We will not begin work requiring a permit until the permit has been issued

If you request that we proceed without a required permit, we reserve the right to decline the project.

8. Workmanship Standard & Drainage Outcome

All work is performed in a good and workmanlike manner consistent with the standards of the residential drainage contracting industry in the Memphis, Tennessee area. Shelby Yard does not guarantee any specific outcome — such as the elimination of all standing water or complete prevention of basement moisture — beyond what is described in the agreed scope of work.

Customer acknowledges that drainage systems are designed to manage and significantly reduce water intrusion, standing water, and runoff under typical storm conditions. No drainage system can guarantee complete elimination of water during extreme weather events that exceed the design capacity of the system. Shelby Yard's obligation is to install the system as described in the scope of work to professional standards — not to guarantee a specific drainage outcome under all possible conditions.

9. Right to Cure Before Legal Action

Before initiating any legal action or hiring a third party to correct alleged defects in Shelby Yard's work, Customer must notify Shelby Yard in writing — email to info@shelbyyard.com is acceptable — describing the alleged defect in sufficient detail. Shelby Yard shall have 15 business days from receipt of written notice to evaluate the issue and propose a remedy, which may include a site visit, repair, or alternative resolution.

Failure to provide Shelby Yard this opportunity to cure will bar Customer from recovering third-party repair costs from Shelby Yard in any subsequent legal proceeding.

10. Customer Interference & Third-Party Modifications

Customer agrees not to alter, modify, excavate near, or allow any third party to alter the installed drainage system without prior written consent from Shelby Yard. Any unauthorized modification voids the warranty immediately and fully releases Shelby Yard from liability for system performance.

If third-party work — including landscaping, fencing, irrigation, pool work, or any other construction — disturbs the drainage system after installation, all repair costs and any resulting performance issues are the Customer's responsibility.

11. Force Majeure / Weather Delays

Shelby Yard shall not be in breach of this agreement for delays caused by circumstances beyond its reasonable control, including but not limited to: heavy rainfall, flooding, severe weather, acts of God, utility company delays, material supply disruptions, or government orders. In such cases, the installation date will be rescheduled at the earliest practical opportunity at no additional charge to either party. No penalty or reduction in the contract price shall apply to weather-related delays.

12. HOA & Municipality Approval

Customer is solely responsible for obtaining any required approval from their homeowners association (HOA), municipality, or governing body before work begins. Shelby Yard will obtain required government permits where applicable (see Section 7), but HOA approval and any other private association approvals are the Customer's sole responsibility. Shelby Yard is not liable for fines, stop-work orders, or required removal or remediation arising from Customer's failure to obtain HOA or municipality approval prior to the start of work.

13. Neighboring Property

Shelby Yard will take reasonable care not to disturb neighboring properties during installation. However, redirecting water flow is the purpose of drainage installation and may alter drainage patterns on adjacent properties. Shelby Yard is not responsible for third-party claims from neighboring property owners arising from changes in drainage patterns resulting from the installation, unless caused by Shelby Yard's gross negligence.

14. Subcontractor Disclosure

Shelby Yard may perform work through employees or subcontractors. All work performed under this agreement — whether by Shelby Yard's employees or subcontractors engaged by Shelby Yard — is covered by this contract and Shelby Yard's liability limits. Customer has no direct contractual relationship with any subcontractor. Shelby Yard is responsible for its subcontractors' work to the same extent as if Shelby Yard performed it directly.

15. Marketing Photo & Video Consent

By engaging Shelby Yard for services, Customer grants Shelby Yard a non-exclusive, royalty-free license to use photographs and videos taken at the job site for marketing, educational, and portfolio purposes — including on our website and social media channels — provided that no personally identifying information (full name, street address, or recognizable face) is included without Customer's separate written consent. Customer may opt out by notifying us in writing before work begins.

16. Limitation of Liability

To the fullest extent permitted by Tennessee law:

  • Shelby Yard's total liability to you for any claim arising from our services — whether in contract, tort, warranty, or otherwise — is limited to the total amount you paid us for the specific job giving rise to the claim.
  • We are not liable for indirect, incidental, consequential, or punitive damages, including but not limited to: loss of use of your property, damage to personal property, lost profits, or costs of temporary housing.
  • We are not liable for damage caused by events outside our control, including extreme weather events, ground movement, acts of third parties, or pre-existing property conditions.

Nothing in this section limits our liability for personal injury or property damage caused by our own gross negligence or willful misconduct.

17. Dispute Resolution

We want to resolve any issue with our work quickly and fairly. If you have a concern:

  1. Contact us first: Reach us at 901-864-3411 or info@shelbyyard.com. Most issues can be resolved with a site visit.
  2. Written notice: If a phone or email conversation doesn't resolve the issue, submit your concern in writing so we have a clear record of what you are claiming.
  3. Governing law: These Terms are governed by the laws of the State of Tennessee. Any dispute that cannot be resolved informally will be subject to the jurisdiction of the courts of Shelby County, Tennessee.

Attorney's Fees: In the event of any legal action arising from this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs from the non-prevailing party.

18. Independent Contractor Status

Shelby Yard is an independent contractor. Nothing in these Terms creates an employment relationship, partnership, joint venture, or agency between Shelby Yard and you. Sub-workers engaged by Shelby Yard for your project work under Shelby Yard's direction and are not your employees.

19. Changes to These Terms

We may update these Terms of Service from time to time. Updated Terms will be posted at shelbyyard.com/terms-of-service with a new "Last Updated" date. If you have a signed contract with us, the Terms in effect at the time you signed control the terms of that engagement.

20. Entire Agreement

For any specific job, the written contract (or signed quote) between you and Shelby Yard, together with these Terms of Service, constitute the entire agreement between the parties regarding that job. They supersede all prior verbal or written communications, representations, or agreements relating to that job. Verbal agreements, on-site conversations, and text messages do not modify your written contract unless confirmed in a signed written change order.

21. Contact

Questions about these Terms? Contact us:

Shelby Yard

Phone: 901-864-3411

Email: info@shelbyyard.com

Hours: 7:00 AM – 10:00 PM, 7 days a week