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TERMS AND CONDITIONS
These Terms & Conditions apply to any work performed and materials supplied by Total Property (“Contractor”) and are incorporated into the estimate/quotation (“Quote”) provided to you (“Client”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s signing of the Quote, the Quote, together with these Terms & Conditions, form a binding contract between the parties.
WHEREAS the Contractor is engaged in the business of offering landscaping services; and
WHEREAS the Client desires to retain the services of the Contractor 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 Contractor shall carry out and complete landscape works described in the Quote document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing.
The contract documents shall contain, the quote, the specification plans and any other document referred to in the Quote. 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 Quote specification are included, but all works are due for payment. All other requested works are excluded.
The Client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.
1.1
1.2
1.3
1.4
QUOTE
2.1
2.2
The Contractor reserves the right to increase the value of the contract due to changes in design and/or materials by the Client after execution of the contract and may result in change order fees. See section on Change Orders.
Acceptance of the quote 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.
PAYMENT
3.1
3.2
3.3
3.4
3.5
3.6
3.7
The Client accepts that he/she will pay the Contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon issuance of invoice.
A deposit is not required prior to the start date if the total cost of the project is under $1,000. If the total cost of the project is over $1,000 a deposit of a minimum of 30% is required, the deposit value is set at the discretion of the Contractor. Progressive invoices may be sent as work progresses. Final Invoice will be sent after work is complete.
Larger contracts may be broken into payments by draw. Frequency and amount will be agreed upon by the Client and the Contractor.
Payments are immediately due on receipt of invoice.
The Contractor will only ask for the Quote price, unless there are any unforeseeable difficulties, and/or the work has been increased. In either case all work will be paid for.
The Client will pay any extra works, or costs due to unknown difficulties and/or changes, which are not within the Quote.
If the Client fails to make a payment within 14 days after the due date, the past due balance shall accrue interest of 2% per month from the due date to the day the payment is received.
SITE
4.1
4.2
4.3
4.4
4.5
4.6
The Client warrants the site is free of underground problems including pipes, cables, stumps, sewage or land drains, waste materials, springs, flooding, rock, mine workings, covered wells or other cavities, running sand, foundations and sub-structures of former buildings or other hazards or obstructions except those which are reasonably apparent by inspection of the site prior to the date of the contract. A full site survey can be carried out by Total Property before commencing works and this should be requested in writing by the Client. Upon completion of which, Total Property cannot accept any liability for any sub-surface issues should they arise unless revealed in the survey. The Client is responsible for any costs associated by such survey (including expenses spent by the Contractor).
Should any work arise due to unknown or undisclosed structures such as those outlined in clause 4.1 above, then the Contractor is entitled to add additional labour or extend the project timelines. This will impact the costs associated with the project.
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.
The Contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by willful misuse.
The Client is to ensure there is adequate access to the site e.g., that all vehicles and other obstacles are removed, the gates, doorway and passageways are clear of obstruction and unlocked. In some situations, the Contractor may need to be on a neighbouring property to execute the contract. It is the responsibility of the Client to obtain permission for this trespass. 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 will still be charged.
We ask for parking permits or parking costs for vehicles attending the job site in connection with the works and these costs will be charged in addition to the Quote sum, on completion.
DELAY/DISRUPTION
5.1
5.2
The Contractor undertakes to use all reasonable endeavours 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 make contract execution impossible.
MATERIALS ON-SITE
6.1
6.2
Materials delivered to site become the responsibility of the Client. The Contractor accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.
Any material brought to, or removed from the site, excess to 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
7.1
The Contractor undertakes to execute the scope of the contract. The proper maintenance of the site however passes to the Client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the Contractor.
ACTING AGENTS
8.1
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 prior to start of contract. It is the responsibility of the agent to bring these terms of business to the attention of the Client.
WARRANTIES
9.1
9.2
The Contractor accepts no liability for any negligent act, omission, or any default under this contract, unless specifically agreed in writing
Any structural or appearance of finished features is at the discretion of the Contractor, unless agreed in writing by the Client or agent prior to the start of works. 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 works prior to the start of that specific feature. The Contractor is not liable for any works necessary because of such an omission. This applies to both Client and agent.
PROMOTION
10.1
The Client hereby authorizes the Contractor to take photographs or videos of the Client’s property for the use of promoting the Contractor Landscaping Services at the Contractor discretion and grants the Contractor the sole right in the intellectual property of any such photographs or videos.
INDEMNIFICATION
11.1
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
12.1
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.