Terms and Conditions
This proposal is the property of Total Lawn Care Inc., and may not be used to solicit bids for any scope of services, work, or materials identical or similar to the information listed below from other companies or individuals.
This agreement is made and entered into between:
(Hereinafter referred to as "the Client")
AND
Total Lawn Care
PO BOX 3138 MOSCOW, ID 83843
(Hereinafter referred to as "the Contractor")
The Client hereby engages the Contractor to perform lawn care services at the determined address
...according to the scope of the work detailed and priced within this document and available to the client through the client portal.
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1. Any additional work required by the Client or proposed by the Contractor which is not specified and agreed to within this document shall be quoted for separately and when completed added to the invoice.
2. Invoices shall be issued at the end of every month with payment due within 45 days from the date of invoice. Checks returned to us by your bank as NSF, or any other reason will incur a $50 fee.
3. Overdue accounts shall accrue interest at a rate of 15% per annum, if unpaid for 90 days. The Contractor reserves the right to suspend services if payments are not made on time.
4. Obligations of the Contractor
4.1. The Contractor shall provide all labor, equipment and supplies required to perform the services and undertakes to properly maintain all equipment so that work is performed in a timely manner and to a professional standard.
4.2. The Contractor shall carry insurance as may be required by law to perform the services as outlined in this agreement.
5. Obligations of the Client
5.1. The Client need not be present during service calls and hereby grants permission to the Contractor and shall facilitate entry to access the property on scheduled or otherwise agreed service days during the local hours of 7am to 5pm for lawn services and anytime during snow removal services.
5.2. The Client shall be responsible for the removal of any objects e.g., toys, furniture, pet waste, rubbish etc. that will hinder the Contractor in performing under this agreement.
5.3. The Client shall keep all pets secured inside a building or fenced area and shall keep people away from the Contractor's area of work for the safety of all parties concerned whilst the Contractor is performing services.
5.4. The Client shall notify the Contractor in writing of any plants that are particularly rare or are a collector's item and their approximate replacement costs. The Contractor reserves the right not to perform any services in close proximity to such plants.
5.5. The Client shall be responsible for the day-to-day care of the lawn as recommended by the Contractor and which are not part of the services outlined within this document.
6. Liability
6.1. The Contractor shall not be held liable for damage to sprinklers more than 1/2" higher than the turf base, or for wires, pipes, or cables that are on top of the lawn, or buried within 10" of the surface. Contractor will repair sprinkler heads Contractor damages, and we can fix other broken heads for normal repair rates.
6.2. The Contractor shall be liable for damage caused to plants if such damage was caused by willful negligence or improper operation of equipment. Liability shall be limited to the replacement of the plant by the Contractor.
6.3. The Client shall not be liable for any damage to the Contractor's equipment, or any injury or illness sustained by the Contractor and his/her employees or sub-contractors or a 3rd party in the performance of this service and the Client shall be indemnified against all claims arising from such damage or injury or illness.
6.4. The Contractor shall not be liable for the poor health or lack of performance of turf or plants beyond the scope of the service(s) contracted for, or in any event where the Client does not provide appropriate or proper care for turf or plants.
6.5. The Contractor shall be liable for any damage to the lawn or plants due to the incorrect application or choice of pesticides, herbicides, or fertilizers. Liability shall be limited to the replacement of the plant(s) by the Contractor.
7. Whole Agreement
This Contract and the estimate constitute the sole and entire Agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein. Either party may terminate this Agreement in its entirety or amend the services detailed within the contract provided such termination or amendment is made in writing and submitted to the other party 14 days prior to taking effect.
8. Assignment
No party may assign any of its rights or delegate or assign any of its obligations in terms of this Contract without the prior written consent of the other party.
9. Governing Law
This Contract and Agreement shall be construed, interpreted, and governed in accordance with the laws of the State of Idaho, and should any provision of this Contract be judged by an appropriate court as invalid; it shall not affect any of the remaining provisions whatsoever.