TERMS AND CONDITIONS
Of Tates Property Care “LLC”
The following Terms and Conditions apply to and are incorporated into the estimate, unless expressly modified or excluded in writing by Tates Property Care “LLC” (hereinafter referred to as “the Contractor”):
1. Scope of Work
The Contractor shall carry out and complete the services and works described in the estimate and/or contract and shall have no obligation to perform any work beyond said estimate and/or contract, unless agreed to between parties through a written change order executed in writing between parties. The contract documents shall contain, the estimate, the specification plans and any other document referred to in the estimate. Any alteration or deviation from the estimate specifications, including but not limited to any such alterations or deviation involving additional material and/or labor costs, will be executed only upon a written order for same, signed by the Client and the Contractor, and if there is any charge for such alteration or deviation, the additional charge will be added to the contract price.
Acceptance of the estimate means the Client has read, understands, and has accepted the Terms and Conditions listed herein and by signing the estimate the Client acknowledges said acceptance and understanding of the Terms and Conditions. The estimate is an approximation and is not guaranteed. The estimate is based on information provided from the Client regarding project requirements. Actual cost may change once all project elements are finalized or negotiated. Prior to any changes of cost, the Client will be notified. Any queries by the Client should be clarified before the job specification and associated costings are accepted and the work has begun. The Contractor also reserves the right to increase the value of the estimate and/or contract due to changes in the scope of work, design or materials by the Client after execution of the estimate and/or contract. The estimate is valid for 30 days from the date of issue only.
3. Warranties of the Contractor
The Contractor warrants to the Client that: (1) materials and equipment furnished under the contract documents will be new and of good quality unless otherwise required or permitted by the contract documents; (2) the contracted Work will be done in workmanlike manner; and (3) the Work will conform to the requirements of the contract documents.
4. Client’s Responsibilities:
The Client must provide full access to the property site within a specified time and inform the Contractor of all subsurface service and utility lines and the property’s boundary lines. The Client warrants the property site is free of underground problems, including but not limited to issues with pipes, cables, stumps, sewage drains and waste materials. Where problems are discovered underground, the Contractor shall be entitled to charge for additional work reasonably necessary to complete the job. The Contractor shall be free from any liabilities from hazards or obstructions except those which are reasonably apparent by inspection of the property site prior to the start date and shall be free from any liabilities resulting from the Client incorrectly identifying property lines and/or boundaries. Any materials, refuse, or debris required to be removed from the site to execute the proposed work, not in the estimate, may be additionally billed to Client for the hauling and dumping of said material, refuse, or debris.
The Client agrees to pay the Contractor the full contract sum (all costs incurred) together with any associated tax properly chargeable upon the contract. Payments are immediately due on receipt of invoice. Monthly services will be billed out on the first of the month. Larger contracts may be broken into payments by draw. Frequency and amount will be agreed upon by the Client and the Contractor. The Contractor will only ask for the estimate, unless there are any unforeseeable difficulties, or the work has been increased. In either case the Client shall pay for all work performed. If payment is not made when due, the Contractor may suspend work on the job until such time as all payments due have been made. A failure to make payment for a period in excess of thirty (30) days from the due date shall be deemed a material breach of the contract. At such point in time, the Contractor has no obligation to continue any work at the property site and the Client agrees to pay the Contractor interest at a rate of twelve percent (12%) per annum of any outstanding amounts due to the Contractor, plus all costs incurred for the collection and reasonable attorney fees related to said collection.
6. Maintenance Schedule, Delays, and Force Majeure Events
The Client’s property will typically be serviced on the same day of the week depending on the area where the property is located. The Contractor cannot guarantee any specific time for the Client’s property service. All routes are completed between 7am and 6pm, Monday through Friday. Inclimate weather such as heavy rain will delay the Contractor from being able to service the Client’s property. In this case, the Contractor will reschedule. The Contractor shall not be liable for any delay due to circumstances beyond its control. If an Event of Delay (hereinafter defined) occurs that impacts the Contractor’s ability to perform the work, the service date or completion deadline shall be extended for a period of time equal to the length of the Event of Delay. An “Event of Delay” is defined as strikes or other labor disputes, shortages of labor or materials, pandemics, epidemics, riots, weather conditions, Acts of God, acts of the federal, state or municipal governments or any governmental agency, including, but not limited to, building or other code inspections and approvals, governmental regulations, fire or other casualties and any other delays allowed by law.
In regard to reoccurring landscaping services, the Contractor requires written notification of cancellation, at least two business days prior to the scheduled service, via email to the firstname.lastname@example.org. In the event that the Client fails to notify the Contractor at least two business days prior to the scheduled service or if the Contractor arrives at the property site and is turned away, the Client is responsible for paying for the full service that was not timely cancelled.
8. Permits and Approvals
The Client will be responsible for securing and paying for all municipal and necessary governmental approvals and permits required for Contractor’s performance of the contracted work.
9. Property Damage
The Contractor shall exercise care to avoid damaging the Client’s property in any manner. If an incident occurs in which the client’s property is damaged, the Client should contact the Contractor immediately upon discovery of such damage. The Client agrees to waive liability against the Contractor related to damages to the following: air conditioning wiring, bird baths, bird houses, benches, chairs, children’s play sets, concrete, dog beds, downspouts, drainage, shade structures, fences, fence posts, fence stain, flower boxes, holiday decor, irrigation components, irrigation valve covers, Malibu lights, metal edging, path lighting, pottery, outdoor curtains, retaining walls, stone edging, stone pathways, toys, unprotected trees, trampolines, plastic pools or other swimming pools, windows, exposed cables/wires, and sprinkler components. It the Contractor is required to move objects in order to service the Client’s lawn and/or landscape, the Contractor will not be responsible for damage caused by moving objects as necessary to provide service.
10. Dissolution of Contract
Either party may terminate the Contracted work at any time by supplying a written notice of termination on a specified date to the other party, with at least two weeks’ notice prior to the stated date of termination. Labor cost will cease on said termination date, all other costs will be settled to their contractual obligation (i.e. material ordered and obligated to pay for).