Terms and Conditions

Our Terms and Conditions

Please read through these carefully and write down any questions you may have.

Please read these Terms & Conditions carefully, as they set out our and your legal rights and obligations in relation to our services. By accepting the quotation, paying the deposits required and the contract starting, the client is deemed to accept all of the terms and conditions listed below as well as the signing of Contracts and Payment Schedule – supplied separately.

1. CHANGES IN THE WORK:

Landscape Maintenance Provider shall promptly notify the Contracting Party of: (a) latent physical conditions at the site differing materially from those indicated in this Agreement, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. Any expenses incurred due to such conditions shall be paid for by the Contracting Party as added work.

Notwithstanding the foregoing, should site conditions be such that the Agreement cannot be performed for the contract price, then the price shall be adjusted by mutual agreement of the parties, and if the parties cannot reach an agreement on the adjusted contract price, then this Agreement may be rescinded by either party with no further liability to the other for said rescission. However, any obligation of money due to Landscape Maintenance Provider at the time of rescission shall survive the rescission.

No extra or change order work shall be required to be performed without prior written authorization of the person contracting for the landscape maintenance. Any Additional Work Authorization forms for changes or extra work shall be incorporated in and become a part of this Agreement. However, in the event that the building department or other governmental body requires a change or modification, then the Landscape Maintenance Provider may make that change prior to receiving written authorization and thereafter negotiate the effect of that change with the Contracting Party. Payment for extra work will be made at the time the next monthly
payment is due.

2. CONTRACTING PARTY’S RESPONSIBILITIES:

Contracting Party is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. Electricity and water to the site are necessary. Contracting Party agrees to allow and provide Landscape Maintenance Provider and its equipment access to the Property. Contracting Party is responsible for having sufficient funds to comply with this Agreement. This is a cash transaction unless otherwise specified.

Contracting Party shall be responsible to remove or protect any personal property located on the Property, and Landscape Maintenance Provider shall not be liable for damage to same, unless caused by its active negligence or willful misconduct. Such property may include furniture, toys, play equipment, low voltage equipment and lighting, and other exterior improvements. Contracting Party will point out and warrant the property lines to Landscape Maintenance Provider.

3. DELAYS:

Landscape Maintenance Provider agrees to diligently work pursuant to the agreed schedule for the Work. However, Landscape Maintenance Provider shall be entitled to its full monthly payment pursuant to this Agreement, even if maintenance work is not fully performed, for reasons beyond the control of the Landscape Maintenance Provider, including but not limited to: acts of neglect or omission of Contracting Party or Contracting Party’s employees or agents, acts of God, stormy or inclement weather, strikes, lockouts, boycotts or other labor union activities, extra work ordered by the Contracting Party, acts of public enemy, riots or civil commotion, inability to secure material through regular channels, imposition of Government priority or allocation of materials, failure of Contracting Party to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, for acts of independent contractors, or holidays, or other causes beyond Landscape Maintenance Provider’s reasonable control.

4. LABOR AND MATERIAL:

Landscape Maintenance Provider shall pay all valid charges for labor and material it incurs and uses pursuant to this Agreement. However, when the price for any materials to be used pursuant to this Agreement increases fifteen percent (15%) of more between execution of the Agreement and materials purchase, Contracting Party shall pay to Landscape Maintenance Provider, on request, all sums by which the cost to Contractor for any materials has increased beyond 15%, as demonstrated by
Contractor.

5. PAYMENT:

Payment will be past due if not paid within five (5) days of the date specified in this Agreement. Past due payments shall bear interest at the rate of 1 1/2 percent per month (18% per annum), until paid in full.

6. RIGHT TO STOP WORK:

Landscape Maintenance Provider shall have the right to stop work under this Agreement if any payment by Contracting Party is not be made, when due. Landscape Maintenance Provider may suspend the Work until all payments due are received. This remedy is in addition to any other right or remedy that Landscape Maintenance Provider may have.

7. FORCE MAJEURE:

Except with respect to payment obligations under this Agreement, no Party shall be liable for, nor shall such Party be
considered in breach of this Agreement, due to any failure to perform its obligations under this Agreement as a result of a cause beyond its control,
including but not limited to any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation,
fire, flood, earthquake, storm or other like event, disruption or outage of communications, power or other utility, labor problem, unavailability of
supplies, epidemic, pandemic or other public health situation or resulting government action which restrains the ability of Contractor to commence,
continue or complete performance of the Agreement. On reasonable notice, the time for performance shall be extended by the reasonable period of
such delay. If the Project is delayed for more than sixty (60) continuous or intermittent days from the same Force Majeure cause, either Contractor
or Contracting Party has the discretion to terminate the Contract without liability. Contractor shall be entitled to payment for work per-formed
and materials supplied to the work site to the date of termination and for materials ordered if the order cannot reasonably be rescinded.