Terms and Conditions

TERMS AND CONDITIONS

The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluded in writing by Howkins Landscape and Design, referred to as the “Contractor”. The person(s) named on the estimate who agrees to be bound by this Agreement will hereby be referred to as the “Client”.

WHEREAS the Contractor is engaged in the business of offering landscaping services and

WHEREAS the Client desires to retain the Contractor’s services to render landscaping services conforming to the Client’s design and direction according to the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Contractor and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

SCOPE OF WORK

·         The contract documents shall contain the estimate, the specification plans, and any other document referred to in the estimate. No qualification in any acceptance issued by the Client shall form part of the contract unless specifically agreed to in writing by the Contractor.

·         Only the items on the estimate specification are included and all works are due for payment.

·         The Client is responsible for obtaining any necessary planning permission for the works and fulfilling statutory requirements.

ESTIMATE

· The Contractor reserves the right to increase the value of the contract due to changes in design or materials by the Client after execution of the contract, which may result in change order fees. See the section on Change Orders.

·        Acceptance of the estimate involves acceptance of these terms and conditions of the contract documents. This represents a binding contract between the parties. It should be noted by the Client that any attempt to cancel by the Client will involve the Client being liable to cancellation fees and any loss of expenses incurred as a result at the discretion of the Contractor.

·        PERMIT FEES. Permit fees are not included unless otherwise noted in the Proposal and will be at an additional cost, which the owner agrees to pay.

TERMINATION

Howkins Landscape and Design may terminate the contract either for cause, arising from the client’s inability or refusal to pay invoices on a timely basis, or alternatively, from client’s failure to agree to a change order arising from differing site conditions identified after commencing the Work that make the contemplated Work unpractical or impossible to perform. The Client may terminate the contract before completion of the Work but shall pay Howkins Landscape and Design for completed Work that has not been paid and for all resulting direct and incidental costs and damages. The Owner shall pay Howkins Landscape and Design for materials purchased specifically for this Proposal.

PAYMENT

·         The Client accepts that he/she will pay the Contractor the full contract sum (all costs incurred) and any tax properly chargeable upon the contract.

·         A 50% deposit is required before the start date if the project’s total cost is under or between $1,000 and up to $30,000. If the total cost of the project is over $30,000 a deposit of 40% is due at the start to purchase materials, a second payment will be requested by contractor of 30% and then 20%. The last 10% will be asked for upon completion of the project. Progressive invoices may be sent as work progresses. The final Invoice will be sent after work is complete.

· The Client will pay any extra work or costs due to unknown difficulties or changes that are not within the estimate.

·         Payments are immediately due on receipt of the invoice.

· The Contractor will only ask for the estimated price unless there are any unforeseeable difficulties or the work has been increased. In either case, all work will be paid for.

SITE

· The Client warrants that the site is free of underground problems, including pipes, cables, stumps, sewage drains, and waste materials. Where problems are found underground, the Contractor shall be entitled to charge for additional work necessary and properly executed by the Contractor to complete the work.

·         Any material, refuse, or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping.

·         In some situations, the Contractor may need to be on a neighboring property to execute the contract. It is the Client’s responsibility to obtain permission for this trespass.

· We ask that the Client ensure adequate site access, e.g., all vehicles and other obstacles are removed, that gates, doorways, and passageways are clear of obstruction and unlocked, and that neighbors are notified where access is required to carry out the work. We also request that all dog mess be cleared from the Site, if the works cannot be carried out the team will leave the site and you may still be charged.

·         The Client should inform Howkins Landscape and Design regarding any springs, flooding, rock, mine workings, covered wells or other cavities, poor drainage, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site before the date of the Contract. A full site survey is recommended before commencing work, and this should be requested in writing. Upon completion of this, Howkins Landscape and Design cannot accept any liability for any sub-surface issues should they arise unless revealed in the survey.

·         Should additional work arise due to unknown or undisclosed structures such as those outlined in the clause above, then Howkins Landscape and Design may be required to add additional labor to the project or extend the project timelines. This will impact the costs associated with the project, which will be reviewed and agreed upon with the client before proceeding further.

·         Landscape Designs and Planting plans. Design costs are charged as per the individual project and the agreed design fee is to be paid in full before commencement of work. Separate terms and conditions that are specific to our design service are provided.

SCOPE CREEP

·         The Contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the Contractor incur any liability to the Client for any untimely performance.

·         The Contractor shall not be held responsible for any delays caused by weather which makes contract execution impossible.

MATERIALS ON­SITE

·         Materials delivered to the site become the responsibility of the Client. The Contractor accepts no responsibility for loss, damage, or expense after the delivery of materials to the site for any reason.

· Any material brought to or removed from the site in excess of the Contractor’s requirements remains the possession of and removable by the Contractor, who shall have the right to enter the site for that purpose.

MAINTENANCE AFTER COMPLETION

·         The Contractor undertakes to execute the scope of this contract. However, the site’s proper maintenance is passed on to the Client upon practical completion unless otherwise agreed upon in writing. Practical completion is deemed to take place as specified by the Contractor.

ACTING AGENTS

· The Contractor has no responsibility or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision unless agreed in writing before the start of the contract. It is the agent’s responsibility to bring these business terms to the Client’s attention.

WARRANTIES

· The Contractor accepts no liability for any negligent act, omission, or default under this contract unless specifically agreed in writing.

· Any structural or appearance of finished features is at the Contractor’s discretion unless agreed in writing by the Client or agent before the start of work. Where a written specification for the appearance of a feature is provided to the Contractor, it is the responsibility of the Client or agent to request a small sample of this finished work before the start of that specific feature. The Contractor is not liable for any works necessary due to such an omission. This applies to both the Client and the agent.

PROMOTION

·         The Client hereby authorizes the Contractor to take photographs of the Client’s property to promote the Contractor Landscaping Services at the Contractor’s discretion and grants the Contractor the sole right in the intellectual property of any such photographs.

INDEMNIFICATION

·         The Client agrees to indemnify, defend, and protect the Contractor from and against all lawsuits and costs of every kind pertaining to the Landscaping Services, any false information delivered by the Client pertaining to the Property, or failure to deliver relevant information by the Client.

CHANGE ORDER

·         No modification of this Agreement shall be valid unless in writing via email/text and agreed upon by both Parties.

·         Changes in the scope of work will be charged at a rate of $215 per hour ($80) and materials.

NO WARRANTY POLICY

·         Howkins Landscape and Design cannot accept liability for any defects to the works caused by summer drought, landslip, tree root damage, water deprivation, and severe weather conditions.

·        Newly installed landscape plants will suffer transplant shock, particularly during the hot summer months. It is imperative that plants receive proper care to minimize stress. Upon installation or purchase, the client is responsible for supplying the plant with sufficient water and fertilizer (as needed) during their growing season to keep them healthy. Trees and shrubs have no warranty should they die.

o    Deciduous trees 2″ caliper or larger and conifers 6′ or larger are excluded from the full labor warranty. These trees will have a planting charge the same as the original labor charge.

o    No warranty will be transferred.

o    There will be no cash refunds.

o The Contractor assumes no liability for the replacement of plants or sod killed or damaged by pests, insect infestation, abnormal weather conditions, or other conditions beyond our control, nor will we replace plants or sod experiencing “seasonal die-back” when pruning and proper care will restore them to health.

o    The Contractor cannot provide a warranty against weed growth in mulch or topsoil beds due to the germination of dormant seeds prevalent in the soil.

o    The Contractor cannot warranty perishable materials such as sod. We do not guarantee suitability, survival, or performance and make no other or further warranties, express or implied.

o    Watering of sod and plants is the responsibility of the Client.

o    Recommendations for watering sod SUPER SOD,

§  For approximately 2-3 weeks after installation, keep your new sod wet like a sponge until new roots form.

§  “We recommend watering at least once every morning 45 min to 1 hour is a good starting point.) with possibly 1-2 more watering cycles throughout the day depending on grass type and climate. These supplemental afternoon watering cycles are meant to keep your grass continually moist for the first 2-3 weeks until well rooted and will likely be more in the range of 15-20 min per cycle. You should be able to walk across your lawn feeling a slight “give.” If your lawn is squishy, you’re leaving footprints or you have watering running out from underneath the sod, you’ll want to gradually reduce your watering times”.-SUPER SOD

There are certain varieties of trees and shrubs that generally should not be planted in the fall. A partial list of these includes:

Birch, Flowering Dogwood, Redbud, Red Oak, Scotch Pine, Azaleas, Boxwoods, Groundcovers, Hollies, and Rhododendrons.

This warranty shall be void and will not apply to any plants that were originally installed by the Contractor or/ and subsequently repaired, adjusted, moved, or modified by an individual or entity other than the Contractor.

o    Annuals and transplanted plant material are NOT covered under this or any other Warranty.

o    The Contractor will not be liable for any other warranties, expressed or implied. All other warranties are excluded, including the implied warranties of merchantability and fitness for a particular purpose. No other warranties extend beyond the description of the face hereof.

o    The Contractor will have no liability under any circumstances for indirect, special, incidental, liquidated, or consequential damages.

o     No agent, salesman, or installer may change the terms of this warranty either orally or in writing.

o    No seed installation is covered under any warranty.

IF YOU FAIL TO WATER YOUR PLANTS, THEY WILL DIE. IF YOU OVERWATER YOUR PLANTS, THEY WILL DIE. A PLANT THAT HAS DIED DUE TO DROUGHT OR OVERWATERING IS NOT COVERED UNDER OUR WARRANTY.

IRRIGATION

· The Contractor assumes no liability for replacing the irrigation system or irrigation repair. One service adjustment will be provided if needed to ensure all irrigation is running. Any additional request for irrigation will be invoiced to the client upon agreement. There is no additional warranty on the irrigation systems.

· Irrigation will be installed with a basic box. Any upgrades shall be purchased by the homeowner and programmed by the homeowner. The contractor is not liable for any technical difficulties with upgraded systems.

 USE OF PICTURES

The owner agrees to allow Howkins Landscape and Design to use any pictures of the work performed to advertise and show others without penalty or fees from the Owner.

 TESTIMONIALS

 Owner agrees to allow Howkins Landscape and Design the rights and privileges to use any and all testimonials, written or verbal, in our advertisements without penalty or fees from the Owner.

EMAIL

The owner agrees to allow Howkins Landscape and Design & Partners to use the owner’s email address to receive advertisements and specials without penalty or fees from the owner. Howkins Landscape and Design agrees to keep all email and personal information private from others.