These terms and conditions apply to any work performed and materials supplied by Heaberlin Lawn Care, LLC (“Contractor”) and are incorporated into the quote/invoice (“Invoice”) provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s acceptance of the Invoice, the Invoice, together with these terms and conditions, form a binding contract between the parties.
1. Scope of Work
The Contractor shall carry out, and complete landscape works professionally described in the Invoice and shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties. If there is any discrepancy between any specification and any drawing, the description contained in specifications shall prevail over the drawing.
2. Permits
The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by the Contractor under the Invoice (both governmental and private). Customer represents and warrants to Contractor that all permits and consents have been obtained before the scheduled commencement of any work and that all applicable laws permit the work contained in the Invoice.
3. Invoices
The Invoice provided for lawn maintenance, landscaping, or any other services are valid for 30 days from the time made by the Contractor.Acceptance of the Invoice expressly constitutes acceptance of these terms and conditions and represents a binding contract between the parties.
4. Payment
Customer shall pay the Contractor the full amount of the Invoice, including all taxes and fees as follows: (1) 50% down upon signing of the Invoice by the Customer, with the balance due upon completion of the work described in the Invoice. (2) 50% deposit down upon signing of the Invoice by the Customer, 25%due after seven days after the project has started, and the remaining balance due upon completion of the work described in the Invoice. (3) If the client is billed monthly, payment is due within 15 days of receipt for the previous month’s services.Payment terms shall be stated on the Invoice. If Customer fails to make payment within 14 days of the due date, the past due balance shall accrue interest at the annual rate of 1.5% or the highest rate permitted by, whichever is lower.
5. Terms for Mowing Services
The Contractor shall provide the mowing terms of this Agreement in the Invoice and shall generally be for April thru October; services will be performed on a weekly basis as needed. Upon termination, neither party shall have any further obligations to the other except for those obligations that shall survive termination of this Agreement, as set forth below.
6. Customer Representation and Obligations
The Customer warrants the site is free of underground hazards including, without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains, and waste materials except as specifically disclosed to Contractor before the signing of the quote. Where underground problems exist, the Contractor shall be entitled to charge for additional work/supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied. Customer shall provide Contractor with electricity and water.
7. Completion
The Contractor, will use commercially reasonable efforts to complete a project in the time frame promised. However, the Contractor shall not be liable for any delay in the completion of the work under the Invoice.
8. Materials
On-Site Materials delivered to the 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 that is in excess to the Contractor’s requirements under the Invoice remain the property of and be removable by the Contractor who shall have the right to enter the site for that purpose.
9. Maintenance after Completion
The Contractor, is only obligated to perform the work specified in the Invoice. The proper maintenance of the site shall be the obligation of the Customer following completion of the work by the Contractor unless otherwise agreed in writing by the parties.
10. Warranties and Exclusions
The Contractor warrants the shrubs and trees supplied by Contractor in connection with the Invoice for a period of one year from the date of planting, provided that such warranty shall be void if the Customer fails to take reasonable care of the plants (including, without limitation,watering, spraying, cultivating, and pruning). Annuals, perennials, and sod, as well as any transplanted materials, will not be warranted and are sold AS-IS.Contractor shall not be liable for any damage caused by Acts of God (including, without limitation, extreme cold or drought, flooding, storms, rain, etc.) Contractor’s sole responsibility for any breach of these warranties shall be, at its discretion, to repair or replace it or to issue a refund for the plant or work affected. THE WARRANTY SET FORTH IN THIS SECTION 9 IS STRICTLY LIMITED TO ITS TERMS AND IS (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED-WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Damages
Under no circumstances shall Contractor be liable for any special, incidental, or consequential damages.
12. Miscellaneous
This contract shall be made in and governed by the laws of, the State of Colorado. Any dispute, claim or controversy concerning the parties’ duties under this Agreement which the parties cannot resolve within thirty (30) days shall be directed by binding arbitration administered by, and under the rules of, the American Arbitration Association (“AAA”). Such arbitration shall take place in Franklin County in the State of Ohio. The prevailing party in such arbitration shall be entitled, in addition to such other relief as may be granted, to its reasonable attorneys’ fees and costs in connection with such litigation or in a separate action brought for that purpose. Apart from the preceding, the parties shall share all the costs and expenses equally associated with such arbitration. Judgment upon any AAA award may be entered in any court having jurisdiction. The party against whom enforcement is sought shall pay any costs incurred in the enforcement of an arbitration award. This contract constitutes the entire Agreement between Contractor and Customer concerning the subject matter contained herein.This contract shall not be modified except in writing signed by both parties
