Libby's outdoor Maintenance
Landscape Maintenance, Irrigation and lighting Service Agreement
We accept payment by check, cash and credit. Please send checks to our home office location.
These Terms & Conditions apply to any work performed and materials supplied by Libby’s Outdoor Maintenance (“Contractor or subcontractor”) and are incorporated into the estimate/invoice provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon customer’s signing of the invoice the Invoice, together with these Terms & Conditions, form a binding contract between the parties.
Scope of Work. The Contractor or Subcontractor shall carry out and complete landscape/irrigation or lighting work described in the Invoice in a workman like manner and shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties. If there is any discrepancy between any specification and any drawing, the description contained in specifications shall prevail over the drawing.
1. Permits. The Contractor or Subcontractor is responsible for obtaining any necessary permits or consents required for any work to be performed by Contractor or Subcontractor under the invoice (both governmental and private). Customer represents and warrants to Contractor or Subcontractor that all permits and consents have been obtained prior to the scheduled commencement of any work and that the work contained in the invoice is permitted by all applicable laws. The Contractor or Subcontractor is also responsible for calling in the located and making sure the property is marked for all utilities on site prior to the work starting.
2.Estimate/Invoice. The Estimate/Invoice provided for landscaping or any other services is valid for 30 days from the time made by Contractor. Acceptance of the invoice expressly constitutes acceptance of these Terms & Conditions and represents a binding contract between the parties.
3.Payment. Customer shall pay the Contractor the full amount of the Invoice, including all taxes and fees as follows: (1) 50% down upon signing of the invoice by the customer, with the balance due upon completion of the work described in the invoice. Payment terms shall be stated in the invoice. If customer fails to make payment by the due date, the past due balance shall accrue a $30.00 late fee every 30 days the invoice goes unpaid.
4.Customer Representation and Obligations. The Customer warrants the site is free of private underground condition including without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains and waste materials except as specifically disclosed to the Contractor prior to the signing of the Estimate. Any damage due to private underground conditions is at no fault of the Contractor. Where latent/underground problems exist, the Contractor shall be entitled to charge for additional work/ supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied. Customer shall provide the Contractor or Subcontractor with electricity and water.
5.Completion. The Contractor or Subcontractor will use commercially reasonable efforts to complete a project in the time frame promised. However, Contractor or Subcontractor shall not be liable for any delay in the completion of the work under the Invoice.
6.Materials On-Site. Materials delivered to the site become the responsibility of the Customer. The Contractor or Subcontractor 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 that are in excess to the Contractor or Subcontractor’s requirements under the invoice remain the property of and be removable by the Contractor or Subcontractor who shall have the right to enter the site for that purpose.
7.Maintenance after Completion. The Contractor or Subcontractor is only obligated to perform the work specified in the Invoice. The proper maintenance of the site shall be the obligation of the Customer following completion of the work by Contractor or Subcontractor, unless otherwise agreed in writing by the parties.
8.Warranties and Exclusions. The Contractor or Subcontractor warrants the shrubs and trees supplied by Contractor or Subcontractor in connection with the invoice for a period of one year from the date of planting, provided that such warranty shall be void if the Customer fails to take reasonable care of the plants (including, without limitations, watering, spraying, cultivating and pruning). Annuals, perennials, and sod, as well as any transplanted materials will not be warranties and are sold AS IS. The Contractor or Subcontractor warrants all hardscapes installed by the Contractor or Subcontractor in connection with the invoice for a period of five years from the date of installation completion. Contractor or Subcontractor shall not be liable for any damage caused by Acts of God (including, without limitation, extreme cold or drought, flooding, storms, rain, etc.). Contractor or Subcontractor’s sole responsibility for any breach of these warranties shall be at its discretion, to repair or replace it or to issue a refund for the plant or work affected. THE WARRANTY SET FORTH IN THIS SECTION IS STRICTLY LIMITED TO IT’S TERMS AND IS (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OF OTHERWISE SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. Damages. Property damage caused by Libby’s Outdoor Maintenance’s negligence shall be the responsibility of Libby’s Outdoor Maintenance. Libby’s Outdoor Maintenance shall repair such property damage, and Property Manager shall not have the right to hire a third party to do any remedial work without first giving written notice to Libby’s Outdoor Maintenance and giving Libby’s Outdoor Maintenance 30 days to perform repairs. Libby’s Outdoor Maintenance should not be responsible for damage caused by rocks/mulch that are out of place and in turf area that is to be mowed of trimmed.
10.Cancelation. We do understand that circumstances happen and some projects must be delayed of cancelled. In the event of a project delay of cancellation, the Client is responsible for payment of any non-returnable product/materials that are project specific and have already been purchased by Libby’s Outdoor Maintenance.
11.Insurance. Libby’s Outdoor Maintenance will carry the appropriate amount of liability insurance, auto insurance and workers compensation insurance as required by the state. A COI can be requested at anytime. Libby’s Outdoor Maintenance will require all subcontractors to provide proof of insurance also.
12.Private locates. Libby’s Outdoor Maintenance is not responsible for locating private locates. These are required to be marked by the home owner/property manager. If damage occurs to private locates, Libby’s Outdoor Maintenance assumes no responsibility.
13.Snow Removal/ Ice Prevention. The customer understands that plowing or ice control of a particular location may not clear the area to “bare pavement” and that slippery conditions may continue to prevail even after plowing or ice control services have occurred. The customer understands that the Contractor assumes no liability for this naturally occurring conditions. The customer is aware that weather conditions may change rapidly and without notice and that Contractor assumes no liability for such changes in conditions.
14.Snow removal. Libby’s Outdoor maintenance will not be responsible for dead grass due to salt applications weather it is from concentrated salt, ice melt, salt/salt mix or poling salt.