1. Scope
I, the customer, certify that I am the property owner or a lawful representative of the property owner and I agree to pay Eddington Landscaping LLC (hereafter referred to as “the Company”) the total price (including any applicable local or state taxes) for the services listed on this contract. The Company agrees to furnish all materials, tools, equipment and labor necessary, unless otherwise stated, to execute the terms of this contract. The Company also agrees to complete the work described in an efficient and professional manner according to applicable weather conditions. This contract is the property of the Company.
2. Limitations
Lawn Maintenance Services are applicable only for properly landscaped/maintained turf, landscaped areas, and/or bedded areas only, unless noted otherwise. Rough and/or damaged areas will be negotiated separately. The Company reserves the right to complete any contract in stages so as to complete the contract in the most efficient way possible. Any changes to the original contract must be made with a written “change order” that is signed by all parties. No verbal “change order” will be made or accepted to any contract.
3. Supervision
At the end of each scheduled service an employee of the Company may note items to be serviced during the next visit. Additionally, the Company may send a manager or supervisor to perform periodic walk-throughs of the property to ensure complete customer satisfaction.
4. Revision
The attached contract is subject to revision by the Company if it is not accepted within fourteen (14) days by the customer. The contract price is based on conditions present in the landscape at the time of contract presentation. Adjustments may be made, by the Company, to the contract price to accommodate excessive start up time due to the excessive growth of plants, lawn, weeds, shrubs, trees, etc., that occurred after the contract was presented to the customer but before the Company was authorized to begin work. Adjustments may also be made to the contract price for any unknown property conditions that prohibit the Company from properly providing service. Any requests for alterations, additions or deviations to the contract may incur a fee to help offset the any additional costs related to changing the contract.
5. Contractand Payment Terms
Invoices will be e-mailed to the designated e-mail address listed. Payments are due on the first of the month as specified in the contract. Failure to remit payment prior to the due date will result in the immediate termination of all services and may result in legal action. The customer is responsible for any charges or fees incurred by the Company due to the non-payment of services including, but not limited to, any legal fees, collection fees and court costs. A service charge of $45.00 will be charged for any returned check. This contract is valid for the calendar year in which this contract is accepted unless otherwise stated.
6. Customer Responsibility
It is the customer’s responsibility to ensure adequate water for any and all turf, plants, shrubs, trees or any other plant material, before, during and after any contractual agreement of work. The customer also agrees to provide reasonable access to all areas on the property for Company employees, tools, equipment, vehicles, etc. The customer assumes all responsibility for definition of all property lines. Any costs incurred by the Company due to inadequate water access, reasonable property access, or the definition of property lines will be charged to the customer.
7. Guarantees/Warranties
The Company makes no guarantee or warranty as to the life of ANY plant, tree, shrubs, turf, sod; any other growth of plant/tree/turf material; or length of life for any and all services, installations, or materials unless otherwise stated in writing.
8. Materials, Products and Services
The Company reserves the right to make substitutions of equal or greater value due to product availability, materials availability, actual services needed (based on property/site conditions) and seasonal weather demands. The Company may also make substitutions due to any change in local, state, federal and EPA regulations, laws, or mandates. A surcharge may be passed on to the customer at any time for any uncontrollable price increases in materials, products or services. The Company reserves the right to raise prices at any time due to fluctuating prices in materials, labor, products, fuel/oil, economic conditions or any other condition that affects the Company.
9. Promotion/Advertisement
The customer agrees that any photographs or video taken by the company depicting the customer’s property may be used in various promotional materials distributed on behalf of the Company, its parent Company, or any subsidiary Companies.
10. Unavoidable Interruptions
The Company shall not be held responsible or liable in any way for any loss, damage or delay caused by weather conditions, labor strikes, lack of adequate time, insufficient notice, a lack of fuel and/or oil availability, or for any other causes beyond the immediate control of the Company.
11. Damage
The customer understands that some of the vehicles and equipment used by the Company can cause damage to pavement, turf, irrigation lines, sprinkler heads, outdoor lighting, electrical lines, sidewalks, driveways, landscaped beds, plants, shrubs, trees, posts and other areas or objects on the customer’s property and agrees to hold the Company blameless. The Company will try to avoid any damage caused by its vehicles and equipment, but the customer agrees that the Company is not responsible for any damage(s) to the property or any objects on the property caused by the use of any vehicle or equipment.
12. Indemnification and Legal Liability
To the maximum amount allowed under the law, the customer shall indemnify, defend and hold harmless the Company, any subsidiary Companies, its parent Company, owners, employees, its contractors and subcontractors from and against any and all claims, damages, attorneys’ fees, costs and expenses which the Company may incur as a result of a claim or claims brought against the Company, the customer or any third party
13. Additional Contract Information
The actual start date of work related to this contract will depend on many factors including, but not limited to, weather, turf/plant/shrub/tree growth, site conditions and/or any other condition that may impact the start of any actual work. The yearly number of service visits per property may vary for many reasons, which may include, but are not limited to, weather, turf growth, plant growth, shrub growth, tree growth, weed growth, site conditions and/or any other condition that may impact the property. The Company may occasionally apply a herbicide or other growth regulator in order to effectively manage costs and to promote a well-maintained appearance of the property. This may include applying a herbicide around permanent structures, fencing or other objects. The Company reserves the right to charge an additional fee for extra cleanup or when additional services are needed. The Company will not provide any credits for partial or deleted services during the year due to excessive dry spells, weather conditions, unavoidable interruptions or any other conditions that may change the amount of work done by the company.
14. Insurance, Licenses, Workers Compensation and Certifications
The Company carries liability insurance of no less than $1,000,000 to cover any unfortunate property damage resulting directly from negligence caused by the Company or their contractors. The Company is licensed to provide herbicide and fertilization services at the site listed on this contract and employs only state certified applicators that have the necessary licensing as per state and/or local laws.
15. Dissolution of Contract
This contract can be terminated by either party at any time following 30 days written notice. Any installation or landscape maintenance services rendered that have not been paid for in full will be invoiced accordingly and the customer agrees to pay these charges within fifteen (15) days. Any deposit for work to be performed that was received by the Company shall remain the property of the Company unless otherwise stated in writing on the contract. A cancellation fee of $250 or 10% of the contract, whichever is greater, shall apply to any contract canceled by the customer.
16. Governing Law
The customer agrees to waive any right they have to a trial by jury. This contract shall be governed by any applicable Local, State or Federal Law. If there is any litigation needed between the Customer and the Company, it shall be filed and tried in the Company’s local jurisdiction.
