Terms and Conditions
Acceptance of Work
The contractor will begin the work at the agreed time and place and will continue such work diligently and without delay. All work will be performed in a good and workmanlike manner, in strict conformity with the specifications and requirements outlined in this agreement and any related order.
Payment Terms and Conditions
Progress Billing & Payment Schedule:
The client is subject to a Progress Billing & Payment Schedule based on the total size of the proposed project. A payment schedule may include up to a 50% deposit to schedule work. The client agrees to pay the balance before the due date on the final invoice to avoid a 1.5% penalty for late payment.
Billing Process and Payment Terms for Recurring Services:
Payment terms for recurring monthly residential services are set at Net 15 and recurring contracted commercial services are set at Net 30. Monthly billings will be made on the 1st day of the month, for all services to be performed for that month. Payment terms for all one-time projects include a 50% deposit upon acceptance of the work, with the remaining balance due in full upon completion. Time & Material (T&M) projects are billed at the completion of services.
Late Payment:
The client agrees to pay interest in the amount of 1.5% per month on all accounts not received within forty-five (45) days past due. The client is also responsible for any collection costs and attorney fees incurred by the contractor in the collection of sums past due. Payment is due upon receipt of the invoice.
Service Suspension:
The contractor reserves the right to cease or suspend services if any invoice remains unpaid for more than forty-five (45) days past the invoice date.
Procedure for Extra Work and Changes
Changes to Work:
If it becomes necessary for the contractor to make changes in any designs, drawings, plans, reports, or specifications for any part of the project, or if the contractor is put to any extra work, cost, or expense due to reasons beyond its control, the client will pay a fee for such changed or extra work calculated on a time and materials basis.
Approval of Changes:
All changes to work or pricing or the terms of this agreement will be understood within the context of this agreement unless explicitly stated otherwise. Extras to the contract are payable by the client upon receipt of the contractor's invoice.
Warranty and Tolerances
Design:
If a landscape design is rendered, the renderings are conceptual, and the landscape installation may differ. It will take time for some plant material to mature. The contractor will ensure that specified materials are provided, pending availability.
Payments Received:
The warranty for the contract is valid only if payment is received in full upon acceptance of the work.
Warranty
Landscape:
The contractor warrants the installation, workmanship, and material. Material is guaranteed to be true to name and maintain a healthy condition except for the normal shock of installation. The contractor agrees to warrant the landscape installed for five years post-installation, provided the client remains a landscape management client throughout the warranty period.
Irrigation/Drainage/Lighting:
The contractor warrants the installation, workmanship, design, and materials employed in connection with the underground irrigation system for twelve (12) months following installation completion.
Stone:
Natural stone has color variations that vary from stone to stone. Mineral deposits such as lime or iron can change the stone and even bleed. This is a natural and acceptable quality of the stone, and the client accepts this.
Warranty Exclusions:
The warranty is not valid on relocated material, short-lived perennials, groundcover, annuals, and any existing irrigation, drainage, and lighting systems. Warranty is also not valid on new plant material or sod installed without automatic irrigation and does not cover damage from pests, disease, acts of God, or damage caused by others.
Site Conditions
Site Unknowns:
It is the client’s responsibility to fully inform the contractor of all site unknowns that may include buried materials, cables, pipes, tree stumps, drainage issues, rock, shale sub-surfaces, or other impediments. Failure to notify the contractor may lead to additional costs and schedule adjustments.
Underground Utilities:
Should damage occur to utilities during construction, the contractor is only liable for the cost of repair and not for any inconvenience caused. Damage to the neighbor’s utilities on the client’s property is the client's responsibility.
Liability
Licenses and Insurance:
The contractor will maintain all necessary state and local licenses and permits required by law to perform the work. The contractor will also maintain insurance with the following limits during the agreement's duration:
General Liability:
- General Aggregate: $2,000,000
- Products-Comp/Op Agg.: $2,000,000
- Personal & Adv. Injury: $1,000,000
- Each Occurrence: $1,000,000
- Combined Single Limit: $1,000,000
- Each Occurrence: $3,000,000
- Aggregate: $3,000,000
Driveways & Underground Utilities
Surface Damage:
Landcrafters assumes no liability for any damage to driveways, patios, or other surfaces resulting from trucks and equipment used to access the job site.
Utility Damage:
Landcrafters is not responsible for damage to irrigation lines, drain lines, invisible fences, cables, or other underground utilities unless accurately marked and mapped by the client before work is performed. Landcrafters is also not responsible for any ruts caused by vehicles during off-road use.
Contract Service Commitment
Except for unavoidable delays caused by acts of nature or holidays, the entire landscaped property will be serviced as scheduled throughout the year. If a service is missed due to these factors, every effort will be made to reschedule, including potential weekend work if necessary. If mowing is not required on a scheduled visit, other essential services will be performed.
Extreme Weather Contingencies:
In cases where extreme weather conditions prevent lawn maintenance, we will make every effort to include a "make-up" visit in the schedule. Landcrafters will work in good faith to resume services in a timely manner but reserve the right to determine the schedule based on safety, site health, and availability concerns. Special cleanups and/or pruning due to weather events, human-initiated events, or acts of God are not included in the annual contract amount and will require additional charges based on time, materials, and disposal fees. Our team is committed to minimizing any damage caused by these weather conditions and will work diligently to protect and preserve your landscape.
Notice of Deficient Work (Landscape Management):
Should Client feel that work performed by the contractor under this agreement has fallen below acceptable industry standards or is deficient in any way. Client shall notify the Contractor in writing by Certified Mail, Return Receipt, or via email of each specific deficiency.
Contractor shall have thirty (30) days in which to remedy stated deficiencies, and should such deficiencies not be corrected within said period Client shall have the right to cancel this Agreement by giving Contractor thirty (30) days written Notice of such cancellation by Certified Mail. The effective date of precedent to the Client's right to terminate. The client must render payment in full for all services performed through dates of termination.
Notice of Deficient Work (Landscape Enhancement Projects)
If the client believes that Landcrafters has performed work that does not meet the agreed-upon contract terms, the client must notify Landcrafters of any such deficiencies in writing or via email within ten (10) days of the occurrence. If written notice is not received within ten (10) days of the project's completion, the client shall be deemed to have waived any and all claims related to the work. Upon receiving timely notice, Landcrafters will rectify any deficiencies (as reasonably determined by Landcrafters) within fourteen (14) days, subject to commercial feasibility.
Early Termination:
If the client terminates this agreement for any reason other than the contractor's breach before its intended expiration date, the client agrees to pay the entire stated annual agreement price for the year of cancellation. The client recognizes that the monthly charges reflected in the Payment Schedule are calculated by dividing the Annual Contract Amount by the number of calendar months included in each term. Due to the seasonal nature of the services provided within the Agreement, the equal monthly payments do not necessarily represent the value of the work performed at any given time. A final invoice will be submitted for the total agreement price less any payments made prior to termination and all amounts due for services rendered shall become payable immediately.
Term and Renewal
This agreement shall remain in force for one (1) year from the commencement date and will automatically renew on a year-to-year basis unless either party provides a "Letter of Intent to Cancel" at least thirty (30) days prior to the anniversary of the commencement date. All renewals are subject to the general provisions and conditions of this agreement. Unless negotiated otherwise, the contract price shall reflect a 3.5% annual fee increase.
Holiday Closure
Landcrafters closes operations for ten (10) days each year from December 24 through January 4. During this period, every effort will be made to ensure that clients receive their service, though adjustments to the normal service day may occur.