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Service Agreement Terms and Conditions

SCOPE OF WORK: Contractor shall perform certain work as described in the estimate.

SALES TAX: Sales tax will be collected and remitted by Contractor, in accordance with state and local laws for all applicable items, unless Client is tax exempt. For tax exempt or reselling entities, a tax exempt or reseller certificate must be provided to Contractor. Whether or not a tax line item is displayed on a proposal, if taxes are due, it is the responsibility of the Client to pay them.

GENERAL: Contractor shall provide landscaping service to the Client at its location in accordance with this agreement. Contractor shall provide all materials, tools, equipment and labor necessary to complete the task in the manner described in the subparagraph below. All materials shall be of suitable construction, composition and quality to achieve the intended function within the landscape. All plants and other products and materials to be supplied by Contractor under this agreement shall be subject to inspection by Client prior to their installation.

DELIVERY AND INSTALLATION: The contractor shall coordinate all delivery and installation activities with the Client. During delivery and installation Contractor shall perform in a workmanlike manner, coordinating activities so as not to interfere unduly with Client’s activities and leaving the work areas clean of litter and debris at the close of each workday. Upon completion Contractor shall promptly correct any deficiencies found in installation upon Client’s inspection. Upon final approval by Client the installation phase of this agreement shall be deemed complete. 

DESIGN FEES: Contractor's time utilized in the design of a Client's project shall be billed at a rate of $125/hr. The Client shall be notified in advance, in writing, of design time expectations for a project. 

WORKMANSHIP WARRANTIES: Contractor warrants that it will perform the Services in a workmanlike manner. Contractor shall promptly make all corrections, alterations, additions, adjustments, and deletions of any portion of the Services which are a result of non-compliance with Clients’ instructions or because of any other type of failure to properly perform the Services. 

MATERIAL WARRANTY:  Contractor guarantees nursery stock, unless specified otherwise, for one full year from the date of purchase or installed by the contractor with a 1-year maintenance program to include Winter Watering visits.  No replacement will be given on plants injured, destroyed, or killed by vandals, insects, animals, or acts of God such as hail, rain or flood, snow, freezing temperatures or wind. There is no guarantee or warranty as it pertains to any replacement plants. Contractor guarantees all mechanical parts against defects as it pertains to the irrigation system for one year from the date of installation. Contractor, however, does not guarantee any parts damaged due to freezing, or damage which has resulted from work performed on the system completed by any party other than the Contractor. In the event Client breaches the terms of this agreement by failure to make payments as specified, all warranties shall be null and void, and the contractor shall be entitled to damages for materials, expenses, attorneys fees, costs, and interest.

DISCLAIMER: Contractor shall not be liable for any loss, damage or failure of plants or materials, of whatever nature, for reasons to include severe weather (hail, rain, tornadoes, drought, etc.,) vandalism or theft, or for any other reason after installation at Client’s facility including issues with the Client’s irrigation system and/or pests or rodents, etc. If any chemical (such as ice melt, pesticides or fertilizer, etc.) has come in contact with the soil prior to material being planted, at any time after material has been planted or contact with the plant(s) themselves, such as in a spraying application, it will likely damage or kill the plant material, Contractor takes no responsibility for plant material killed or damaged by such occurrences at the Client's property.

IRRIGATION: Irrigation is billed "Port-to-Port" based on Time and Material (T&M) with a minimum of 1 hour charged per visit. All repairs which can be addressed under $500 will be performed while the irrigation technician is onsite. The invoice for such repairs will be sent to the client for payment. Any repairs which will cost in excess of $500 will be quoted to the client for preauthorization to begin repairs. By signing this contract, Client acknowledges and approves all repairs under $500 to be performed immediately after an issue has been located, without contacting Client before making the repair. After hours emergency irrigation services will be billed at the afterhours rate of $125 per hour with a minimum of 2 hours. Repairs will not be made after hours; systems will be turned off in order to stop the flow of water. Repairs will be made during business hours at normal hourly rates.

Irrigation activations include 30 minutes to turn on the water from the city, open the backflow(s) and turn the irrigation control clock on. An additional 10 minutes per zone is allocated to run the zone and assess if there are issues which need to be resolved. If additional time is required to activate the irrigation system, that time will be billed at the standard rates. It is the clients responsibility to inform the Contractor as to where the backflow(s), control clock(s), water turn-ons, and any valves which control access to the system are located. If the client cannot or will not inform the Contractor as to the location of all elements of the system, the Contractor will bill the Client for all time required to investigate the site and turn on the system. All repairs made during activation will be invoiced per the standard rates.

IRRIGATION CONTROL CLOCKS: If a "Smart" irrigation control clock is provided by Contractor, it will be the clients responsibility to maintain at their expense any repairs on the clock. If the relationship between Contractor and Client is terminated for any reason, Client may continue to pay for the ongoing cloud / remote access to the irrigation clock. Contractor is not obligated to continue paying for this service on behalf of Client. 

PLANTS CAN BE DANGERIOUS TO HUMANS AND ANIMIALS: Let it be known: Many varieties of plants are poisonous or toxic or offensive and therefor can cause pain, discomfort, illness or even death if they come in contact with or are ingested by humans or animals. Any plant material installed or maintained at the Client’s property, whether owned by the Client or the Contractor is the full responsibility of the Client. If any human or animal comes in contact with a plant, tree or tree limb or bush, eats a plant (or a portion of a plant), touches a plant or rubs a plant part in their or someone else’s eye(s), or does anything else with a plant that causes them or anyone else harm, or if a plant/tree/limb falls on them or cause them to slip or trip, the Client assumes full responsibility for the damage and all financial ramifications of defending themselves and the Contractor. The Client will manage all aspects of the situation including the affected party, the affected parties’ lawyers, insurance companies, friends, family, demonstrators, etc. Contractor assumes no responsibility for plants located at the Client’s premises and will not pay for attorneys, vet bills, doctors visits, insurance claims or anything else if the Client, their customers or guests or anyone else has any issue with a plant. The plants are the Client’s responsibility.

SLIPS AND TRIP HAZARDS: Contractor will work to keep the area around work areas clean and tidy while completing installations and ongoing maintenance activities, as is practical for such activities. Contractor accepts no responsibility for the Client, their guests, employees, or other persons on the Client’s property in the instance where they slip or trip, fall or die as a result of walking on or threw an area where an installation or maintenance activity is occurring. Water, ice, mulch, rock, soil and plant materials such as leaves can be slippery and may cause a potential hazard. Loose debris, materials, tools, holes and such may cause a trip hazard. Contractor accepts no responsibility for injury or death as a result of these potential hazards. The Contractor will take appropriate precautions, in line with industry standards, to keep all work areas clean and/or to direct persons around such areas while work is being performed.

UNDERGROUND UTILITIES: It is the responsibility of the client to ensure that all privately owned utilities are clearly identified and marked prior to the commencement of a project. This is to include but is not limited to irrigation, sprinkler, electric, gas, sewer, water, communications or any other buried privately-owned facility. Any unmarked utility damaged from job performance shall be of no fault to the Contractor.

FORCE MAJEURE: In any case where Contractor is required to do any act, delays caused by or resulting from Acts of God, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor, materials or equipment, government regulations, severe weather, or other causes beyond such party's reasonable control shall not be counted in determining the time during which work shall be completed, whether such time be designated by a fixed date, a fixed time or a reasonable time, and such time shall be deemed to be extended by the period of such delay.

CLIENT’S RESPONSIBILITIES: Client shall cooperate with Contractor during all phases of the Services and provide Contractor with such information as requested which is necessary for the satisfactory performance of the Services. Client shall provide Contractor with access to the Premises during both regular working hours and as necessary, at other times so that Contractor can conduct both regular maintenance and any special service. Client is responsible for maintaining irrigation system(s) at Client’s facility. It is the Client's responsibility to know and communicate the legal boundaries of the property for which work is being performed. It is the Clients responsibility to address and pay for any modifications to jobs in which the Client directs the Contractor to compete work in an area which has an Easement for any purpose and/or where the work area extends beyond the boundaries of the Clients property.

PAYMENT TO THE CONTRACTOR: As full and complete compensation for the Services. 

Regarding ongoing maintenance contracts, Client shall pay Contractor in advance of services, via auto-draft from the Client’s bank account, check or a Credit Card, for the agreed upon monthly payment for maintenance, payable no later than the first (1st) business day of each month. Automatic drafts from the Client’s bank account or credit card will be drawn on the first business day of each month; If paid by credit card, a 3% convenience fee will be added to the total invoice; If payment is not made at the time when services are complete, Client shall pay Contractor a late fee of 10% of the outstanding invoice due, per month until full payment is made, together with any expenses incurred in collecting the late payment. If at any point, an outstanding invoice becomes 60 days past due, Contractor will immediately cease all services to the client until all payments due are received in full. In this instance, all warranties offered shall be voided. If an outstanding invoice becomes 90 days past due, Contractor reserves the right to send the outstanding invoice to collections and/or to place a lien against the client's property.

12-MONTH PAYMENT TERMS: 12-month payment terms divide the payment amount due from the Client to the Contractor over 12 even monthly payments. If the contract is cancelled prior to the 12 payments being made in full, the client will pay for the portion of the contract which has been completed as stated below. 

% of Total Contract Due for contracts WITHOUT Winter Porter Services: April: 16%, May: 31%, June: 41%, July: 53%, August: 62%, September: 71%, October: 85%, November: 93%, December: 100%, January: 100%, February: 100%, March: 100%.

% of Total Contract Due for contracts WITH Winter Porter Services: April: 17%, May: 31%, June: 40%, July: 52%, August: 62%, September: 71%, October: 84%, November: 91%, December: 97%, January: 98%, February: 99%, March: 100%.

Depending on the month services stops will determine the amount due to contractor. As an example, if service is stops for a contract WITH Winter Porter services at the end of August, 62% of the total contract amount will be due.

For new installation or service is to begin, all new Clients will pay Contractor a 50% down payment of the total invoice outstanding. All Clients currently under an ongoing maintenance contract with the Contractor, will be invoiced for the services for which this contract is applicable on the next invoice cycle. The down payment is non-refundable as it will be used for the purchase of materials which Contractor cannot return. Immediately following the completion of the project installation, the remaining balance of the proposal is due to be paid in full via check, credit card or ACH transfer to the Contractor.

BILLING PLATFORMS: If the Client requires the use of an online billing platform for the submission of estimates, invoices, change orders, etc; the Contractor will invoice the Client for the amount the Billing Platform charges the Contractor. The Contractor will also charge the Client a monthly administrative fee for the time required to use the planform. 

MATERIAL ALLOWANCE: Contractor shall promptly notify Client in writing, prior to performing the work, of any material choices or other changes in the plans which shall increase the contract price or any allowance. If the cost of materials such as wood, plastic, metal, stone, soil, plants, etc. increase by more than 10% between the time of contract signing and when the materials are used for the job, the price increase will be passed along to the Client. After 30 days, all proposals are subject to review, due to the volatility of the market, prices may be subject to price increases at the time of installation.

INDEPENDENT CONTRACTOR: Contractor shall be an independent contractor with respect to performance of the Services, and neither Contractor nor anyone employed by the Contractor shall be deemed for any purpose to be the employee, agent, servant, or representative of Client in the performance of the Services. 

TERM AND COMMENCEMENT: There is no term to this agreement. Services may be terminated at any time, by either party, for any reason. Final invoice and any past due balances must be paid in full for contract to be officially terminated. 

INSURANCE: Contractor shall maintain adequate and effective insurance at all times while performing the Services to cover the activities at the Premises. Upon request by Client, Contractor shall provide Client documentation of said insurance coverage. 

APPLICABLE LAW: This agreement shall be interpreted under the laws of the state of Colorado.


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