terms & conditions
Landscape Construction Terms and Conditions
(for all construction and enhancement projects)
SECTION ONE: STRUCTURE AND SITE
Contractor shall furnish all labor and materials necessary to construct and install all specified line items contained in the above Landscape Service Proposal, upon the following described property, which owner warrants he owns, free and clear of liens and encumbrances: STREET ADDRESS.
SECTION TWO: PLANS
Contractor shall construct the landscape in conformance with the plans and/or specifications, and will do so in a workmanlike manner. Contractor is not responsible for furnishing any improvements other than the proposed landscaping unless they are specifically stated in the Landscape Services Proposal or added in a signed Change Order in which a pre-work deposit has been paid in full.
SECTION THREE: PAYMENT
Owner shall pay contractor the sum of 55% the total amount of the Landscape Service Proposal in order to act as a “deposit” at the time the contract is accepted. This “deposit” is required in order to schedule the work and begin material acquisition. The remainder amount of the project adjusted and collected upon completion of the project. In the case of projects not completed within the calendar month. Progress billings may be issued on a percent complete basis less applicable deposit. All invoice terms are “due upon receipt”. In the event any payment is not received within ten (10) days after the invoice is issued, contractor may take such action as may be necessary, including legal proceedings, to enforce its rights hereunder.
SECTION FOUR: RESPONSIBILITY
Contractor shall not be responsible for claims arising out of improper placement or positioning of boundary stakes or house stakes; nor shall contractor be responsible for damages to persons or property occasioned by owner or his agents, third parties, acts of God or other causes beyond contractor's control. Owner shall hold contractor completely harmless from, and shall indemnify contractor for, all costs, damages, losses, and expenses, including judgments and attorneys fees, resulting from claims arising from causes enumerated in this paragraph.
SECTION FIVE: POSSESSION
Owner shall not have possession of the landscape materials until such time as all payments or other obligations required to them as set forth in this agreement have been fully paid or performed by them.
SECTION SIX: WARRANTY
Contractor agrees to warranty all woody plant material for a period of 12 months from date of installation. Plant material qualifies for replacement if the woody plant(s) completely dies within the 12 month warranty period, or in instance of partial death or decline, at the discretion of the Contractor. Woody plant material will be replaced with the same or similar size and type of plant(s) or equivalent plant(s) based on availability. Contractor agrees to warranty all Herbaceous plant material for a period of 90 days from date of installation. Herbaceous plant material qualifies for replacement if the Herbaceous plant(s) completely dies within the 90 day warranty period, or in instance of partial death or decline, at the discretion of the Contractor. Herbaceous plant material will be replaced with the same or similar size and type of plant(s) or equivalent plant(s) based on availability. NO WARRANTY WILL BE APPLIED TO OWNER PROVIDED OR “TRANSPLANTED” MATERIAL. Contractor also agrees to warranty the above “hardscape” work from three years of completion unless otherwise specified in writing. This warranty holds the contractor responsible for failure of workmanship. Warrantied hardscape will be repaired or replaced in a timely manner by the Contractor. The contractor shall not be held responsible for damages occasioned by owner or his agents, pests and rodents, third parties, acts of God or other causes beyond contractor's control. Owner shall hold contractor completely harmless from, and shall indemnify contractor for, all costs, damages, losses, and expenses, including judgments and attorneys fees, resulting from claims arising from causes enumerated in this paragraph.
SECTION SEVEN: GENERAL PROVISIONS
Owner agrees to promptly complete the necessary requirements to obtain financing and to prepare the site for construction. There are no understandings or agreements between contractor and owner other than those set forth in this agreement and in the documents referred to in Sections Two and Three. No other statement, representation or promise has been made to induce either party to enter into this agreement. This agreement and the documents referred to in Sections Two and Three may not be modified or amended except by written agreement of the parties. In witness whereof, the parties have executed this agreement the day and year written on the contract form.
Landscape Maintenance Terms and Conditions
The Client hereby engages the Contractor to perform landscape management services at the address above according to the scope of the work detailed and priced under the “Services” section of the Contract.
SECTION ONE : ADDITIONAL WORK
Any additional work required by the Client or proposed by the Contractor which is not specified under the Basic Landscape Management section and/or included in a monthly installment charge shall be quoted for separately and when completed, shall be invoiced upon completion or added to the monthly invoice.
SECTION TWO: INVOICES
Invoices shall be issued on the first of each month. Payment terms are Due Upon Reciept of invoice. Returned checks for whatsoever reason shall incur a $45 fee and overdue accounts shall accrue interest at a rate of 18% per annum. The Contractor reserves the right to suspend services if payments are not made within 30 days of the issue date of the invoice.
SECTION THREE: OBLIGTIONS OF THE CONTRACTOR
a.The Contractor shall provide all labor, equipment and supplies required to perform the services and undertakes to properly maintain all equipment so that work is performed timeously and to a professional standard.
b.The Contractor shall carry insurance and have valid licenses as may be required by law to perform the services as outlined in this agreement.
c.If services cannot be carried out by the Contractor on any specified day, such a service shall be re-scheduled as soon as possible, failing which the cost of all missed services shall be deducted from the invoice.
SECTION FOUR: OBLIGATIONS OF THE CLIENT
a.The Client need not be present during service calls and hereby grants permission to the Contractor and shall facilitate entry to access the property on scheduled or otherwise agreed service days during the local hours of 7:30am to 7:00pm.
b.The Client shall be responsible for the removal of any objects e.g. toys, furniture, pet waste, rubbish etc. that will hinder the Contractor in performing under this agreement.
c.The Client shall keep all pets secured inside a building or fenced area and shall keep people (residents or guests, especially small children) away from the Contractor's area of work for the safety of all parties concerned whilst the Contractor is performing services.
d.The Client shall notify the Contractor in writing of any plants that are particularly rare and/or desirable and their approximate replacement costs. The Contractor reserves the right not to perform any services in close proximity to such plants.
e.The Client shall be responsible for the day-to-day care of the lawn as recommended by the Contractor and which are not part of the services outlined above.
SECTION FIVE: LIABILITY
a.The Contractor shall not be held liable for damage to items on or below the lawn and landscape bed surface which are not clearly visible or marked such as cables, wires, pipes or sprinkler components.
b.The Contractor shall be liable for damage caused to plants if such damage was caused by willful negligence or improper operation of equipment. Liability shall be limited to the replacement of the plant by the Contractor.
c.The Client shall not be liable for any damage to the Contractor's equipment or any injury or illness sustained by the Contractor and his/her employees or sub-contractors or a 3rd party in the performance of this service and the Client shall be indemnified against all claims arising from such damage or injury or illness.
d.The Contractor shall not be liable for the poor health or lack of performance of turf or plants beyond the scope of the service(s) contracted for, or in any event where the Client does not provide appropriate or proper care for turf or plants.
e.The Contractor shall be liable for any damage to the lawn or plants due to the incorrect application or choice of pesticides, herbicides or fertilizers. Liability shall be limited to the replacement of the plant(s) by the Contractor.
SECTION SIX: WHOLE AGREEMENT
This contract constitutes the sole and entire Agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein. Either party may terminate this Agreement in its entirety or amend the services detailed above provided such termination or amendment is made in writing and submitted to the other party 30 days prior to taking effect.
SECTION SEVEN: ASSIGNMENT
No party may assign any of its rights or delegate or assign any of its obligations in terms of this Contract without the prior written consent of the other party.
SECTION EIGHT: GOVERNING LAW
This Contract shall be construed, interpreted and governed in accordance with the laws of the State of Illinois and should any provision of this Contract be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.
Snow Plow and Ice Control Terms and Conditions
SECTION ONE: TERM
Services are from the 15th of November through the 15th of April of each season that the contract is signed and selected for. If the Owner requests and the Contractor accepts to perform services outside of the terms or scope, such services of this agreement shall otherwise be governed by the terms and conditions of this Agreement.
SECTION TWO: SCOPE OF SERVICES
During the period of November 15th to April 15th, Contractor shall perform the Snow and Ice Maintenance Program Services as weather conditions, transportation conditions, and conditions of the Premises permit, at the Contractor's sole and absolute discretion to the then-applicable weather conditions.
(a.) Obstructions. Contractor is not responsible for plowing or shoveling areas that are blocked by parked cars, locked gates or other obstructions. Contractor will, however, make reasonable efforts to clear between and around any such obstructions. In the event any such Obstruction results in any additional visits being necessary to complete Contractors duties hereunder, additional fees may be incurred.
(b.) Extreme Conditions. Snow accumulations of over eight inches (8”) may require use of additional or specialized equipment to remove snow accumulations from the Premises. The Owner agrees to allow Contractor to bring in such equipment as needed to assist in the clearing of such accumulated snow. Because of additional equipment, fees for snow and ice removal during Extreme Conditions may be charged hourly.
(c.) Excavation Services. The trucking of snow from the Premises, the movement of snow within the Premises, or use of loaders to pile snow during snowstorms is excluded from the Program Services. Additional fees for Excavation Services will be charged hourly.
SECTION THREE: FEES
(a.) Program Services. Owners shall pay Contractor in accordance with the invoicing method set forth for Contractor's performance of the Program Services during the Season based upon the fee schedule in the Commitment section of this agreement. Hourly Services will be invoiced for any work performed outside of scope.
(b.) Multiple Visits. In the event of multiple visits to the Premises are required to clear snow accumulations, owner shall pay Contractor the rate set forth for each visit to the Premises.
(c.) Gas and Oil Price Escalation. Contractor’s proposal is based on the average daily price for diesel gasoline not exceeding $5.00 per gallon as determined by the Department of Energy (“DOE”) National Mid-West Average Price of Diesel. Inthe event that the price of Fuel for diesel gasoline increases to more than $5.00 per gallon, the fees set forth shall automatically increase by an additional three percent (3%) going forward until the average drops below $5.00 per gallon.
SECTION FOUR: WEATHER DATA
(a.) Snowfall Totals (regarding seasonal priced contracts.) Snowfall totals will be determined by a Consulting Certified Meteorologist. The information will come from the closest reporting city, within 7 miles of the contracted facility.
(b.) Snowfall Totals (regarding per occurence priced contracts). Because the amounts of snow can be different in even nearby areas, field personnel are forced to make decisions of service based on conditions on site. These decisions may not always match weather data that which is not available until after services are needed, therefore, services may not always match.
SECTION FIVE: BILLING
(a.) Invoicing. Contractor will submit invoices to the Owner for Program Services upon completion of any Program Service. Payment on all invoices are due within ten (10) days of the date of Receipt of the Invoice. Receipt of the Invoice shall be defined as the date three days from the date of mailing of the invoice by the Contractor to the Owner. All amounts which remain unpaid ten (10) days following the Receipt of Invoice shall bear interest at the lesser of fifteen percent (15%) or the maximum rate allowable by law. The Owner agrees that any invoiced amount must be disputed within fifteen (15) days of the date of Receipt of the Invoice (the "Dispute Period") by providing written notice of such dispute to Contractor before the expiration of the Dispute Period. Any right to dispute any such invoiced amount after the expiration of Dispute Period shall be deemed waived.
(b.) Payments. We accept company checks, electronic payments, and credit cards (Visa, MasterCard, Discover. American Express).
SECTION SIX: TERMINATION OF SERVICES
(a.) Lack of Payment. If the Owner’s account is past due for lack of payment, account is therefore in breach of contract, Contractor may, with 24 hour notice, suspend its obligation to perform Program Services until Contractor receives payment in full of all amounts past due and owing (including interest) from the Owner.
(b.) General Cancellation. Either party may, by providing a 30 day written notice or agreed upon time frame to the other terminate this Agreement In the event of any such termination, the Owner shall remain fully responsible for all amounts otherwise due hereunder.
(c.) Termination Fees. During the period of such suspension or following such termination by Contractor, the Owner agrees and understands that Contractor will not be liable for any costs or damages, including but not limited to consequential damages, to the Owner or any other party that may arise from or be related to such a suspension or termination of Program Services. The Owner agrees to pay all reasonable attorneys’ fees and all other costs incurred by Contractor to collect past due amounts and interest thereon, and to take any court action, whether in equity or in law, to enforce this agreement. The Owner’s fee and indemnification obligations shall survive any termination of this Agreement.
SECTION SEVEN INDEPENDENT CONTRACTOR
Contractor shall perform the Program Services as an independent contractor and not as an employee of the Owner.
SECTION EIGHT: INSURANCE
Contractor will maintain worker’s compensation, automotive and general liability insurance in commercially reasonable coverage amounts. Contractor will provide the Owner evidence of such insurance upon request of the Owner.
SECTION NINE: LIMITATION OF LIABILITY
Contractor will exercise reasonable care to avoid damage to pavements, curbs, and landscapes. Only in the case of clear negligence shall Contractor be responsible or liable for:
(a.) damage to landscaping caused by the piling of snow or the spreading of the chemicals
(b.) damage to items that are snow covered or not visible
(c.) damage caused by equipment when tree, shrub and sidewalk areas are not reasonably delineated
(d.) personal injuries resulting from slip and fall accidents
(e.) Acts of God, including but not limited to extraordinary weather conditions.
SECTION TEN: PROPERTY DAMAGE
Owner agrees to communicate damages timely and to give Contractor the opportunity to repair damages. Contractor agrees to make repairs timely as parts, equipment and weather conditions allows. Notwithstanding anything herein to the contrary, Contractor will have no obligation, and the Owner waives any damages for, any property damages not timely and properly reported.
SECTION ELEVEN: INDEMNIFICATION
The Owner shall indemnify, defend and hold harmless the Contractor, its owners, employees and subcontractors from and against any and all claims, damages, reasonable attorney’s fees, costs and expenses which Contractor incurs as a result of a claim or claims brought by any third party, arising out of any alleged or actual wrongdoing, negligence, breach of contract, or Act of God (including but not limited to extraordinary weather conditions) that is related in any manner whatsoever, to the Premises or the Owner’s involvement with the Premises or
the Program Services, including but not limited to personal injuries resulting from slip and fall accidents.
SECTION TWELVE OWNER OBLIGATIONS
(a.) Access to Premises. The Owner will provide Contractor with access to the Premises sufficient to perform the Program Services.
(b.) Notification of Incidents on Premises. For any and all actual or alleged incidents resulting in potential or apparent injury or damage, the Owner will notify Contractor promptly and assist in obtaining details and information required by Contractor. The Owner agrees that if the Owner fails to so promptly notify and assist Contractor, the Owner will indemnify, defend and hold harmless Contractor for any and all damages or injuries to persons or property or claims, actions, obligations, liabilities, costs, expenses and fees arising from any such incident.
SECTION THIRTEEN: NOTICES
All notices required or allowed to be given hereunder shall be in writing and delivered via a certified carrier. All such notices shall be deemed to have been duly given when received. All such notices shall be mailed to the address of the party as set forth on the signature page hereof.
SECTION FOURTEEN: MISCELLANEOUS
(a.) Authority. Any individual who signs this Agreement on behalf of Contractor or the Owner represents, promises and guarantees that such individual is fully authorized to execute this Agreement on behalf of either Contractor or the Owner, as the case may be. In the case of an agent of the Owner, such agent represents, that such agent is fully authorized to execute this Agreement on behalf of the Owner.
(b.) Severability. If any provision of this Agreement shall be found to be invalid, inoperative or unenforceable in law or equity, such finding shall not affect the validity of any other provisions of this Agreement, which shall be constructed, reformed and enforced to affect the purposes of this Agreement to the fullest extent permitted by law.
(c.) Conflict. In the event that any of the terms of this Agreement conflict with the terms of any other agreement entered into between the parties hereto with respect to the provisions of the Program Services, the terms of this Agreement shall govern, unless such other agreement specifically references and modifies the terms of this Agreement.
(d.) Other. This Agreement:
(i) shall be governed by and constructed under the laws of the state in which the property resides in without application of principals of conflicts of law; (ii) shall constitute the entire agreement if
the parties with respect to the subject matter hereof, superseding all prior oral and written communications, proposals, negotiations, representations, understands courses of dealing, agreements, contracts and the like between the parties in such respect;
(iii) may be amended, modified or terminated, and any right under this Agreement may be waived in whole or in part, only by a writing signed by both parties;
(iv) contains headings only for convenience, which headings do not form part of, and shall not be used in construction of, the Agreement; and
(v) shall bind and inure to the benefit of the parties and their respective legal representatives and assigns.
SECTION FIFTEEN: CAPCITY
This contract is subject to contractor's acceptance at the time the contractor receives the executed contract from the owner. Prices are valid until 10/1 of this year, after that prices may change or capacity may not allow for this contract.
SECTION SIXTEEN: SPECIAL REQUESTS / SPECIFIC SERVICE NEEDS TO BE ACCOMODATED AS POSSIBLE.
All special requests / specific service needs should be outlined in your contract.
SECTION SEVENTEEN: HOURLY RATES
The following services are available if necessary during Blizzard Conditions or Snow Relocation or Removal from Property, with a one-hour travel charge, and a minimum charge of four hours. This equipment will only be used after consulting with & receiving approval of Client.
Pickup Truck: $120.00/hour Labor & Shovel: $55.00/hour
Skid Steer Loader: $175.00/hour Labor & Snow Blower: $75.00/hour
Front End Loader: $300.00/hour Hand Chipping Ice: $55.00/hour
5-Yd Dump Truck: $120.00/hour Snow Stacking: $145.00/hour
Acceptance of General Conditions, Specifications, Terms and Pricing as listed above: please see signature line of contract.