TERMS and CONDITIONS
As used in these Terms and Conditions, the term "Contractor" shall mean "A&J Landscaping LLC".
1. Considerations for Insurance, Licenses, Permits and Liability
A&J Landscaping LLC will carry liability insurance as required by law and require same of any sub-contractors and provide proof of same to the client on request. A&J Landscaping LLC will carry any licenses required by law and pull appropriate permits for work that require it.
Situations which the Contractor may deem are not his/her responsibility:
Death or decline of plant materials due to improper selection, placement, planting or maintenance done before the time of this contract.
Damage due to improper irrigation, components existing at the time of contract execution.
Exposed cables/wires or sprinkler components/lines normally found below the lawn’s surface.
Flooding, storm, wind, fire or cold damages.
Disease or damage to lawns or landscape plants caused by excessive irrigation or lack of water due to inoperative irrigation components provided he/she reported these to client, or irrigation restrictions imposed by the Water Management District or civil authorities.
Damage caused by or to any item hidden in the landscape and not clearly guarded or marked.
Damage due to vandalism.
2. Level of Service
If you are not satisfied with the level of service you are being provided, please notify us immediately so that A&J Landscaping LLC can correct any issues in a timely manner.
A&J Landscaping LLC, or our employees, are not responsible for any damage of items left on turf areas and/or malfunctioning or improperly installed sprinkler heads.
If a dog is kept on the property, CLIENT must have lawn free of pet droppings when contractor is scheduled to service lawn, or CLIENT may be charged a $5 equipment clean-up fee per visit.
There is no obligation for either party to continue service. Either party may terminate this agreement by serving a 15-day notice and remitting any payments due.
3. Remedies
Any dissatisfaction with the contractor's work or performance shall be immediately (within 48 hours) brought to the attention of the contractor. The contractor will then be given the opportunity to remedy or correct any dissatisfaction. The contractor shall provide such remedies as soon as possible, within the original scope of work agreed upon above. Damages that are caused by the contractor and/or staff of contractor during the performance of the above services must be reported to contractor's office within forty-eight (48) hours of the service date. Upon notification of damage(s) the contractor will assess the damage and determine possible cause and responsibility of contractor. If it is determined that the contractor is at fault, repairs shall be the sole responsibility of the contractor. Repairs made by entities other than the contractor will not be the financial responsibility of the contractor, unless previously authorized by contractor. Vehicular or mechanical damage not caused by the contractor and/or staff of contractor, vandalism, fire, improper drainage, insufficient watering, and/or acts of God are not the responsibility of the contractor. In some cases it may take longer, depending on circumstances beyond Contractors control (including, but not limited to: weather, inappropriate time of year of to correct the turf or landscape problem, or non-availability of materials). In the unlikely event that Contractor and Client cannot agree on a mutually-acceptable solution to written requests, Contractor will consider acceptance of a cost reduction to amount due or performing additional work at no charge.
4. Cancellation/Service Changes
Service changes, date changes, temporary suspension of services, and/or alterations of specified pre-agreed services must be received by our office at least forty-eight (48) hours prior to scheduled service. Service(s) may be terminated as of the last day of any month by giving the contractor not less than 30 days prior written notice of intention to terminate. Termination of lawn service will only be accepted in writing-by mail, email or fax; verbal termination will not be accepted.
5. Disclosures
On non-weather permitting days, services(s) will be performed on the next business day or as scheduling will allow. If contractor arrives at client's service address and is unable to perform above agreed upon service(s) due to inaccessibility (i.e. locked gate, street closure, other service providers present, etc.), client will be charged for full service due to time & fuel expenditures. Contractor is not responsible for items left lying in yard i.e. toys, leashes, dog chains/cables). Contractor's staff will make every reasonable attempt to close any gates opened for services; however, contractor does not assume any liability if a gate is left open. If a leaf or lawn clean-up is required to perform a scheduled service, an additional charge of $40.00 per man/per hour will apply. All underground lines, cables, vaults, or any other below grade areas must be clearly marked by client prior to certain services being performed.
6. Methods
The methods utilized by the contractor in the completion and execution of the contracted work shall be at the sole discretion of the contractor. A&J Landscaping LLC's methods are critical in maintaining a standard of high quality workmanship and efficient operation, which in turn allows us to maintain competitive pricing for our clients.
7. Pledge of Excellence
It is the intention and commitment of A&J Landscaping LLC to provide high quality, reliable, and affordable grounds maintenance services for each of our customers. Without an excellent customer base, our business would not be possible. A&J Landscaping LLC understands the importance of being an honest and reliable service provider, and make it our constant goal to exceed that standard. We feel that this commitment to excellence has been the number one contributing factor in our growth and success.
8. Terms of Contract
In the event of legal action to collect a past due account, Client agrees to pay all collection costs, attorney's fees, and court costs.
Modifications to this Agreement: A&J Landscaping LLC reserve the right to amend the above terms and conditions at any time. A&J Landscaping LLC reserves the right to discontinue services immediately due to late or unpaid bills.
Any and all incidents resulting in actual, apparent or potential damage or injury must be reported to us as promptly as possible. The Property Owner will hold harmless and indemnify us for any and all claims, actions, liabilities, obligations, costs, expenses, fees, etc., for its failure to do so.
The Property Owner will hold harmless and indemnify us for any and all claims, actions, liabilities, obligations, costs, expenses, fees, etc. arising from the following incidents resulting in actual, apparent or potential damage or injury:
a. in any and all cases in which A&J Landscaping LLC is restricted by the Owner from determining necessary services at its discretion.
b. in any and all cases in which the damages or injuries to persons or property or claims, actions, obligations, liabilities, costs, expenses and fees arise as the result of incidents occurring on areas of the property not serviced by us.
c. in any and all cases in which the damages or injuries to persons or property or claims, actions, obligations, liabilities, costs, expenses and fees arise as the result of incidents occurring during times in which A&J Landscaping LLC is restricted from accessing the property to perform its duties.
Any property including fences, light posts, patios etc., damaged by us will be restored to its original condition at our expense.
All aspects of these specifications may be amended upon mutual agreement. Any such changes shall be in writing only and thereafter form a part of this contract.
It is understood and agreed upon that either party may terminate this contract, without cause, upon delivery of sixty (60) days written notice of termination to the other party.
Service rates may be subject to a fuel surcharge.
9. Obligations of the Contractor
The Contractor shall provide all labor, equipment and supplies required to perform the services and undertakes to properly maintain all equipment so that work is performed timeously and to a professional standard.
The Contractor shall carry insurance and have valid licenses as may be required by law to perform the services as outlined in this agreement.
If services cannot be carried out by the Contractor on any specified day, such a service shall be re-scheduled as soon as possible by mutual agreement, failing which the cost of all missed services shall be deducted from the invoice.
10. Client Responsibility
Access to Jobsite: Client shall furnish access to all parts of the jobsite where Contractor is to perform work as required by this Agreement or other functions related thereto, during normal business hours and other reasonable periods of time.
Payment: Client shall review statements/invoices submitted by Contractor and payment shall be due on the due date on the invoice and delinquent if not paid by that date.
10. Applicable Law
10.1 This contract shall be governed by the laws of the State of Virginia and any applicable Federal Law.
10.2 If there is any litigation needed between the Customer and Contractor it shall be filed and tried in the Contractor’s local jurisdiction.