Terms
LANDSCAPE PROJECT AGREEMENT
1. WORK DESCRIPTION
The Company shall furnish all labor, equipment, supervision and tools necessary to complete the job in accordance with the Work laid out in the Scope of Work.
2. MATERIALS AND LABOR
The Company shall provide and pay for all labor and equipment, including tools, construction equipment, machinery, transportation and all other facilities and services, and all materials necessary for the completion of the Work.
3. PAYMENT & REFUNDS
The Contracting Party agrees to pay the Company for the Work laid out in the Scope of Work. All percentages are based on the project total.A 50% payment is due in order to schedule and hold the Work start date for the project. If the project is cancelled, for any reason, after the 50% has been paid by the Contracting Party, the Contracting Party is entitled to a refund of the 40% minus any materials (this includes machinery, and plantings) that have already been ordered by the Company. All special orders are non-refundable, no exceptions. An additional 40% is due at the half-way point from the Work start date and the projected end date determined by the Company. The final 10% is due when the Company informs the Contracting Party that Work has been completed, no exceptions. If the final 10% payment is not made at the end of the project, the matter will be turned over to collections. Some services (sod rolling, needed irrigation adjustments, etc) are performed, as a courtesy, at a later date after job completion. This does not preclude the Contracting Party from paying their final bill when work in the original scope is completed.
4. MODIFICATIONS
Should the Contracting Party, or their agent, request a modification to the Scope of Work covered by this Agreement, a Work Order shall be drawn up by the Company. The Work Order must be signed by the Contracting Party, or their designated agent, and a Company representative before any work begins. Any additional monies owed to the Company, as a result of the Work Order change, is due in full before the Work is executed. If a Work Order is not signed by both the Contracting Party and a Company representative, the Work in the Work Order change will not be executed by the Company and the Company is not liable for any damages as a result. The Company shall promptly notify the Contracting Party of any unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Scope of Work. Any expenses incurred due to such conditions shall be paid for by the Contracting Party. Notwithstanding the foregoing, should site conditions be such that the Agreement can not be performed for the price agreed upon, then the price shall be adjusted in writing and by mutual agreement of the parties, and if the parties cannot reach an agreement on the adjusted price, then this Agreement may be rescinded by either party in writing with no further liability to the other for said rescission. However, any obligation of money due to the Company at the time of rescission shall survive the rescission.
5. NOTICE OF DEFECT
Client shall give the Company at least thirty (30) business days written notice to correct any problem or defect discovered in the performance of the Work required under this Agreement. The Company shall not accept any deduction or offset unless such written notice is given and the Company agrees to the offset.
6. CONTRACTING PARTY’S RESPONSIBILITIES
Contracting Party is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. Electricity and water to the site are necessary. Contracting Party agrees to allow and provide the Company, and its equipment access to the Property. Contracting Party shall be responsible to remove or protect any personal property located on the Property, and the Company shall not be liable for any damage to this personal property, unless caused by its active negligence or willful misconduct. The Company is not responsible for damage by large machinery if there is no reasonable way to get the machinery to the area needed without causing damage. Such property may include grass, sod, landscaping, or concrete.
7. WEATHER & GENERAL DELAYS
The Work start date may be delayed due to weather or other various reasons by the Company. The Company will also make reasonable accommodations if the Contracting Party requests a delay in the Work start date. This requested delay by the Contracting Party can be no longer than 90 days out from the original Work start date. Any and all adjustments to the Work start date are at the discretion of the Company. Once a project has started, the Company agrees to diligently work pursuant to the agreed schedule for the Work. Weather may cause the Work to be delayed by several days to weeks on occasion. The Company will make every effort to complete the Work on time, but will not be held responsible for rain, snow, or any other delays due to weather. After rain or other weather related issues, the project site may be determined to be unworkable (mud or sitting water) for days to weeks.
8. RIGHT TO STOP WORK
The Company shall have the right to stop work under this Agreement where the Company employees feel their health is at risk. This stop work decision is solely up to the Company.
9. FORCE MAJEURE
Except with respect to payment obligations under this Agreement, no party shall be liable for, nor shall such party be considered in breach of this Agreement, due to any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including but not limited to any act of god or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of communications, power or other utility, labor problem, unavailability of supplies, epidemic, pandemic or other public health situation or resulting government action which restrains the ability of Contractor to commence, continue or complete performance of the Agreement. On reasonable notice, the time for performance shall be extended by the reasonable period of such delay. If the Work is delayed for more than 60 (sixty) continuous or intermittent days from the same Force Majeure cause, either Contractor or Contracting Party has the discretion to terminate the Contract without liability. Contractor shall be entitled to payment for work performed and materials supplied to the work site to the date of termination and for materials ordered if the order cannot reasonably be rescinded.
10. CLEAN-UP
The Company shall remove from the Property all debris and clippings created by its operations and leave the Property in a neat and “broom-clean” condition. Notwithstanding the foregoing, should the Company be unable to clean debris by usual and customary means, such as by blower or water, for any reason, including but not limited to any local or emergency ordinance, then the Company shall only be required to use its best efforts to leave the Property in a neat and clean condition.
11. COMPLIANCE WITH LAWS
In connection with the performance by the Company of its duties pursuant to this Agreement, Contracting Party shall obtain and pay for all permits and comply with all federal, state, county and local laws, ordinances and regulations. The Company agrees to provide general liability insurance, automotive liability insurance, worker’s compensation insurance, and any other insurance required by law.
12. ATTORNEY FEES
In the event that there is any legal proceeding arising out of this Agreement, the prevailing party shall be entitled to have its reasonable attorney fees and costs paid by the other party.
13. CLAIMS–LIMITATIONS
No legal proceeding of any kind arising from or related to this Agreement or the performance thereof, shall be commenced by either party against the other more than one year after completion or cessation of work under this Agreement. Any damages for which the Company may be liable to Contracting Party shall not, in any event, exceed the total price of this Agreement.
14. SEVERABILITY
In case one or more of the provisions of this Agreement or any application thereof, shall be declared as invalid, unenforceable, or illegal, the validity, enforceability and legality of the remaining provisions and any other application, shall not in any way be impaired thereby.
15. LIMITED WARRANTY
The work performed by Augusta Landscaping LLC comes with a 3 year non-transferable guarantee for residential projects, and 3 years for commercial projects. From the work end date, Augusta Landscaping LLC guarantees your hardscape installation from settlement of pavers and walls, and from separation of wall units for a 3 year period under normal wear for which the installation was designed. If vehicles or equipment are driven over a walkway causing damage, and the hardscape was designed and installed for pedestrian use only, Augusta Landscaping LLC will not be held accountable for damage from these actions. Extreme circumstances (including but not limited to fire, vehicular accidents, excessive flooding, excessive freezing, or vandalism) causing damage to work installed by Augusta Landscaping LLC are not covered under this or any other Augusta Landscaping LLC warranty. In order to enforce the rights under this warranty, the owner should promptly notify Augusta Landscaping LLC in writing of the specific item or items of concern. Landscaping LLC shall respond to such warranty request within a reasonable amount of time. If Augusta Landscaping LLC finds, in its reasonable judgment, that the item or items requiring attention are covered by this warranty, it will promptly repair and/or replace the defective materials or provide the workmanship to repair, at its sole cost and expense, except to the extent it finds that such repairs have been made necessary by the negligence or intentional misconduct of the owner, or any party or parties associated with owner. This warranty shall be void and will not apply to any materials which were originally installed by Augusta Landscaping LLC, which have been subsequently repaired, adjusted, or modified by an individual or entity other than Augusta Landscaping LLC or its authorized representative(s). Replacements and/or repairs furnished under this warranty shall not carry a new warranty, but shall carry forward only the unexpired portion of the original warranty provided. No person is authorized to make any warranties other than those described above or to extend the duration of any warranties beyond the time period described above. There are absolutely no guarantees relating to continued life or growth of plant material (sod, plants, trees, etc) beyond the period necessary for initial planting shock, but not to exceed 30 days, unless otherwise stated herein. Any warranty or guarantee is only effective if Contracting Party has complied with all the terms and conditions, payments, and other provisions of this Agreement. Contracting Party is responsible for any damages to plants or otherwise, caused by either over or under-watering. The Company shall also not be responsible for any damage caused by inclement weather, run-off, drainage problems, or any other cause of overwatering.
16. SUB CONTRACTORS
The Company reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment.
17. ACCESS TO JOB SITE
Client shall furnish access to all parts of job-site where the Company is to perform work as required by this Agreement or other functions related thereto, during normal business hours and other reasonable periods of time in the case of after-hours emergencies.
18. MEDIA
The Company has the right to take pictures and video of the Property. This media may be used by the Company for insurance, legal, and promotional purposes. The Contracting Party waives any right to inspection or ownership of any media taken by the Company, and that no financial compensation shall be given to the Contracting Party. The Contracting Party releases any and all rights to any picture(s) or video taken of the Property to the ownership of the Company.
19. SUPERVISION OF WORK
The Company shall be solely responsible for and shall supervise and direct all landscaping under this Agreement. The Company shall provide competent and suitable personnel to perform the Work and shall at all times maintain good discipline and order at the Property. Contractor will at all times take all reasonable precautions for the safety of its employees and the public at the Property.
20. INDEMNIFICATION
The Contracting Party agrees to indemnify & hold harmless the Company for any liability arising from invitees to the Property while work is being performed by the Company.
21. ENTIRE AGREEMENT
This Agreement embodies the entire understanding and agreement among the parties pertaining to the subject matter hereof, and all prior or contemporaneous representations, agreements, and understandings of the parties, whether written or oral, are superseded by this Agreement and shall be deemed merged herein.
22. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia regardless of the residence or domicile, now or in the future, of any party hereto and notwithstanding any conflicts of laws.
23. UNDERGROUND WIRING AND CABLES
The Company will call the appropriate authority and arrange for them to mark underground cables and/or wiring before work (machine dig) begins on the Property. You agree to allow these markings on the Property, and will grant access to the Property for the purpose of locating wiring or any needed underground cables. If no machine digging is required for your Work, no one will be called, and no on-site property markings will be required. Some cable providers will not come out, locate and mark the Property. The Company is not responsible for any cut or damaged lines as a result of Work at the Property. You agree to call the appropriate cable provider and arrange for them to fix anything damaged during the Work process.
24. SPECIAL ORDER MATERIALS
All material(s) that is not a stock item and must be specially ordered from a third party factory or distributor is considered a special order material. Special order materials are not returnable by the Company to the factory or distributor and are not refundable. All special order materials must be paid for in advance in full prior to the materials being order by the Company.
25. PROJECTS SCHEDULED MORE THAN 90 DAYS OUT
Any material(s) quoted to the Contracting Party may fluctuate by up to 10% if the Work start date is more than 90 days out from the signing of the job quote. The Contracting Party will be responsible for the cost increase.
26. SOD AND WATERING SOD
The Company is not responsible for sod that dies due to improper watering. No exceptions.
27. BOULDERS AND BEDROCK
During the execution of Work, if the Company finds large boulders (18 inches or larger in diameter) that need to be removed or bedrock that must be jackhammered, a company representative will bring this to the attention of the Contracting Party. At that point, a decision will need to be made regarding the rock or boulder by the Contracting Party as to the removal of the rock or boulder. There will be an additional charge for labor and disposal of the bedrock or boulder(s).
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