SERVICE TERMS & CONDITIONS/WARRANTIES
The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluded in writing by Good Neighbor Lawn and Landscaping ALSO KNOWN as Good Neighbor Lawncare, LLC hereby referred to as the “Contractor”. The person(s) named on the estimate as recipient(s) who agree to be bound by this Agreement will hereby be referred to as the “Customer”. WHEREAS the Contractor is engaged in the business of offering landscaping & lawn services; and WHEREAS, the Customer desires to retain the services of the Contractor to render landscaping & lawn services conforming to the Customer’s design and direction according to the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Contractor and the Customer (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
SCOPE OF WORK: The contract documents shall contain the estimate, photo report and any other document referred to in the estimate. Only the items on the estimate specification are included and all works are due for payment.
ESTIMATE: Acceptance of the estimate involves acceptance of these terms and conditions of the contract documents. This represents a binding contract between the parties. The Contractor reserves the right to increase the value of the contract due to changes in design or materials by the Customer after execution of the contract and may result in change order fees. See section on Change Orders.
PAYMENT: The Customer accepts that he/she will pay the Contractor the final & full contract sum (all costs incurred) together with any tax properly chargeable immediately upon completion of services or as per payment schedule. Payments are due immediately upon receipt of invoice, a $35.00 late fee can and will be charged each day after due date until paid in full. Failure to pay upon completion of scope of work can result in a mechanics lien.
DEPOSIT: A deposit is required to add project to schedule. Payment/Deposit can be made in the form of check, electronic check/ACH, or credit card. Customer may terminate the approved estimate within 5 days of approval, cancellation must be in writing via email. Terminating the quote after the 5 days or if work has already commenced, will make the down payment deposit non-refundable. If service date is less than 5 days from date of approval, deposit is nonrefundable, if contractor has ordered and paid for materials deposit is nonrefundable. The contractor reserves the right to stop work if payments are not made according to any applicable payment schedule and will assess the Customer remobilization costs due to any stoppage of work. Customer agrees to pay any collections costs incurred by Contractor in pursuing any outstanding balance, including but not limited to reasonable attorney’s fees, costs and court costs.
SITE: The Customer warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the Contractor shall be entitled to charge for additional work necessary and properly executed by the Contractor to complete the work. Any material, refuse or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping. If the job site is made inaccessible to the crews of contractor and associated sub-contractors because of parked vehicles or other obstructions necessitating cancellation of the job, a fee equal to round trip travel from the contractor will be assessed, based on contractor’s time and materials rate.
CONSEALED CONTINGENCIES: Any additional work/equipment required to complete the work, caused by the Customer’s failure to make known, intentionally, or unintentionally, a condition not apparent in quoting the work specified, shall be paid for by the Customer on a time and material basis. Contractor is not responsible for damages to any underground lines like-electrical lines, drain lines, invisible fences, phone lines, gas lines, cable unless the system(s) are adequately and accurately mapped and marked by the Customer. This includes irrigation lines not buried to correct depth.
HOA & PROPERTY LINES: Customer is responsible for getting HOA approval prior to start of service. Customer is responsible for identifying and marking property lines prior to start of service. Any additional work required to complete the work, or corrections caused by the Customer’s failure to comply with the above, shall be paid for by the Customer on a time and material basis.
DELAY/DISRUPTION: The Contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the Contractor incur any liability to the Customer for any untimely performance due to unforeseen circumstances. The Contractor shall not be held responsible for any delays caused by weather which make contract execution impossible.
MATERIALS ONSITE : Materials delivered to site become the responsibility of the Customer. The Contractor accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason. Any material brought to, or removed from the site, excess to the Contractor’s requirements remains the possession of and removable by the Contractor who shall have the right to enter the site for that purpose.
MATERIALS ESCALATION: In the event of significant delay or price increase of material, occurring during the performance of the contract through no fault of the Contractor, the Contract Sum, time of completion or contract requirements shall be equitably adjusted in writing by a change order in accordance with the procedures of the Contract Documents. A change in price of an item material will be considered significant when the price of an item increases 10% between the date of these approved Estimate/Terms & Conditions and the date of installation. Such price increase shall be documented through quotes, change order, invoices, or receipts. Where the delivery of material is delayed, through no fault of the Contractor, as a result of the shortage or unavailability of materials, contractor shall not be liable for any additional costs or damages associated with such delays.
PROMOTION: The Customer hereby authorizes the Contractor to take photographs of the Customer’s property for the use of promoting the Contractor Landscaping Services at the Contractor discretion and grants the Contractor the sole right in the intellectual property of any such photographs. Address number or street name will NOT be used.
CHANGE ORDER:-No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
PLANTS: Newly installed landscape plants will suffer transplant shock, particularly during the hot summer months. It is imperative that plants receive proper care, so as to minimize stress. Upon installation or purchase it is then the responsibility of the owner to supply the plant with sufficient water and fertilizer (as needed) during their growing season to keep them healthy. The Contractor assumes no liability for replacement of plants killed or damaged by pests, insect infestation, abnormal weather conditions, or other conditions beyond our control, nor will we replace plants experiencing “seasonal die-back”, when pruning and proper care will restore them to health. The Contractor cannot guarantee against weed growth in mulch, topsoil beds, or hardscape beds due to the germination of dormant seeds prevalent in the soil. Any plants which were originally installed by the Contractor, then subsequently repaired, adjusted, moved or modified by an individual or entity other than the Contractor are not the responsibility of the contractor. Transplants can suffer from shock and cannot be guaranteed to live after transplant.
DAMAGES: We are very careful while on project site, but if a covered incident does happen, we will repair the damage. Contact us immediately, no later than 24 hours after the service where damage occurred. If you have a damage incident, the submission of sufficient evidence is required, receipt for the item, photos of the damage, contractor may require a review of the item to evaluate the damage. Damages we will not cover include but are not limited to; Exposed cables/wires lines normally found below the surface of the lawn, any item hidden in the landscape and not clearly marked. If we are required to move objects to service your lawn and/or landscape, such as but not limited to: benches, bird baths, basketball goals, playhouses, lawn furniture, trampolines, etc. we will not be responsible for damage caused by moving the object from where we need to provide service. Items left out on property/lawn: we are not responsible for damage to items left on the lawn/property. The teams do their best to avoid running over hoses, toys, paper, dog bones, all items, etc. however, these items are sometimes difficult to see, so, please, take a moment and collect all objects on the service site before the service team arrives.
WEATHER/RAIN: Due to weather and conditions beyond our control from time to time, your service may be off schedule. Our priority is the safety of our team while providing quality service and bad rain/bad weather will prevent us from doing so. If service day is delayed and or interrupted due to any rain, snow, extreme wind, heat or any acts of god, the contractor shall be entitled to reschedule and resume work at the discretion of the contractor. All conditions of the project shall be suitable to continue with work. Any damage or unforeseen changes to the project due to the weather (i.e., flooding, erosion, soil shifts, damaged trees, growth of plants/trees/shrubs/weeds, etc) shall not be the responsibility of the contractor and will be inspected and estimated and a new change order shall be provided. EXAMPLE: At time of initial onsite estimating visit, shrubs/plants/weeds to be trimmed or removed are 1 foot tall, it has been raining for 3 weeks and due to weather conditions contractor is unable to start project for over a month and in that month the area of shrubs/ plants/weeds has now grown to 5 feet tall. Therefore, changes to the scope of work will result in revised estimate to reflect these changes.
WARRANTIES
Contractor shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services, and provide a standard of care equal to, or superior to, care used by service providers like contractor on similar projects. Contractor will provide all necessary tools, equipment, and labor needed to perform the Services.
Plants & Tress Warranty: Local nurseries do not provide warranty on plants due to the perishable nature of plants, therefor we are unable to provide warranty for any plants/trees/shrubs, etc.
Sod Installation Warranty: Due to the perishable nature and strict watering needs of sod after installation sod, farms do not offer warranty there for we are unable to offer sod warranty. We do however have a courtesy patch replacement list – Sod overage is used for sod patch replacement for up to 10 pieces. This is a courtesy replacement and availability will vary depending on season and overage availability. To be placed on the courtesy replacement list customer must notify contractor via email and submit pictures of the troubled areas to customerservice@gnlawncare.com within 30 Days of installation.
Work authorization: By approving the estimate via the jobber system, and or signed estimate, the “Customer” and “Contractor” hereby agrees that all prices, specifications, warranties, terms & conditions are satisfactory, understood, and hereby accepted by both parties.