Terms & Conditions
Updated as of May 15th, 2019
- Terms and Conditions
1) Any deviation from agreed specifications and/or terms shall be by mutual agreement and shall be in writing. Payment for extra work and allowances for omissions shall be fixed in advance on demand by either party and shall be set forth in writing.
2) Limitation of Liability – contractor liability shall in no event exceed the unit price of the “job” and in no event shall it include loss of profit
3) All material remains the property of the contractor until full payment has been received
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 remain the property of the contractor until the account is paid in full.
6) Homeowner’s insurance policy may be necessary to recover any costs of damage caused to property or to replace materials that are damaged or stolen from the site
7) This agreement is contingent upon weather, Acts of God, product availability, accidents or delays beyond our control.
8) The client/owner will be responsible for location/stake out of all property lines, underground wiring and piping (eg: 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 other underground services.
9) Access to homeowner’s electricity shall be needed in order to complete work and in no event should a refund be provided for usage
10) In any garden renovation, some damage to existing irrigation and/or garden lighting systems may occur. While every reasonable precaution will be taken, contractor cannot be held responsible for any damages incurred. In a garden renovation of a large scale, contractor recommends the irrigation and/or lighting systems be redone to accommodate the new design.
11) The contractor is not responsible for any unforeseen circumstances which result in damage to the work (vandalism, Act of God, etc.).
12) 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.
13) New sodding and sod repairs – proper installation is guaranteed. Watering and proper maintenance is the responsibility of the homeowner and any replacement of dead sod will be the responsibility of the homeowner.
14) Any dead sod after sodding is the responsibility of the home owner, once payment is given the agreement is that the sodding is complete and now it is the responsibility of the homeowner to water and maintain
15) Any weeds that appear after new sod installation is the responsibility of the homeowner as the under soil cannot be guaranteed to be weed free. Therefore no refunds will be provided if weeds appear.
15) Plant material supplied by the contractor is not guaranteed unless noted on front page. Any warranties provided are subject to terms and conditions provided by plant supplier. Any warranty or guarantee is provided by plant supplier and not the contractor. Most plant warranties require that proper maintenance and protection has been performed (watering, weeding, cultivation, etc.). Acts of vandalism, wind/frost damage and animal damage are not covered by any warranty or guarantee.
16) Accounts must be paid in full before any replacements of materials under this guarantee are made.
17) During the guarantee period, the owner is responsible for the prevention of any damage to the landscaping.
Payment Schedule & Terms:
Residential: 50% of Total Cost by work start date, non-refundable deposit to be used as part of initial 50%
Remaining Amount of grand total to be paid on date of completion of work
Commercial: Payment terms to be arranged with contractor.
Deposit: Is non-refundable and will be attributed to total cost of project, if homeowner decides not to go ahead with project then deposit will not be refunded. Deposit required to schedule appointment as insurance of scheduling dates
No warrannty and/or guarantee work will be performed until payment in full is received. Balances outstanding for over ninety
(90) days will void any warranties and/or guarantees. Outstanding balances will be charged interest at 2% per month.