Contract terms

Once we are contracted to perform any work, either maintenance or landscape construction, we believe that landowner and contractor become partners whose best efforts will ensure the best results from the project. The intent of these terms are to clarify the roles and responsibilities of, and to protect, both contractor and landowner.

General

1. Quotations are valid for thirty (30) days. Estimates are valid for the remainder of the year in which they are written.
2. Any deviation from agreed specifications and/or terms shall be by mutual agreement and shall be charged as extras. Payment for extra work and allowances for omissions shall be due when rendered.
3. All onsite material remains the property of the contractor until full payment has been received for job completion.
4. If the customer chooses to terminate the contract or abandon the project in any state of its development, the contractor shall be entitled to just and equitable compensation for all services performed on the customer?s behalf up to the time of such notification.
5. All drawings and specifications, if any, remain the property of the contractor until the account is paid in full.
6. This agreement is contingent upon weather, acts of God, product availability and any other delays beyond our control.

Property

7. The owner shall be responsible at cost for the removal of any obstruction, which occurs during excavation. This could include buried rocks, stumps, foundations, etc.
8. The contractor shall not be responsible for any unseen circumstances which may result in damage to the landscape (ie: vandalism, Act of God, etc).
9. In any garden renovation, some alteration or damage to existing systems may occur. While every reasonable precaution will be taken to minimize damage, contractor cannot be held responsible for any damages incurred. In a garden renovation of a large-scale, contractor may recommend certain systems be integrated into the new design.
10. The client/owner will be responsible for location/stake out of all property lines, underground wiring and piping (e.g. cable, TV, gas, telephone, hydro, water, irrigation, lighting, etc). The contractor will not be responsible for claims or damages arising from the owner's failure to properly locate property lines and/or utilities and under underground services.

Guarantees

11. All hard landscaping is guaranteed for one (1) year against defects in workmanship and materials from the time of completion.
12. No warranty will be provided for any/all planting material supplied/installed by the contractor or employees, save for replacement from our own stock. Warranties are available from the nursery.
13. The warranty/guarantee is limited to a one-time, free of charge repair and/or replacement of each item completed by the contractor. Acts of vandalism and animal damage are not guaranteed.
14. Accounts must be made in full before any replacements of material under this guarantee.
15. During the guarantee period, the owner is responsible for the prevention of damage to the landscaping.

16. Payment schedule

Hourly
100% payable by the end of the month in which the work was invoiced

Contract
a) 10% on contract award .
b) 40% on commencement of project.
c) 50% within 30 days of rendered invoice.

17. No warranty and/or guarantee work will be performed until contract payment is received in full. Balances outstanding for over 30 days will void any warranties and/or guarantees. Outstanding balances will be charged interest at 2% per month.