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Terms and Conditions - Work Order

1. Scheduling and purchasing of materials specific to your job commences upon signature of this contract. The 10% scheduling payment covers any cost associated with the initiation of this contract and for that reason is non-refundable. If the front page terms do not require this upfront deposit, then the 10% fee is due if the contract is canceled for any reason after it has been accepted and scheduled.

 

2. The precise commencement date depends on weather conditions, the availability of materials to perform the required work, and the completion of previously scheduled work. Work will generally be performed during daylight hours and may be conducted on Saturdays and Sundays. The work may not be conducted on a continuous basis depending on the type of work being performed, the availability of materials, and the scheduling of other projects. Every effort will be made to perform the work in an efficient manner. If conditions are encountered on the site that are located subsurface or otherwise concealed physical conditions that differ materially from those contemplated (i.e. shale, ledge, clay, toxic waste, garbage, and/or rubble), or physical conditions of an unusual nature are encountered and cause furtherance to the Contractor in time or materials, the Contractor will be entitled to an equitable adjustment in the contract price, an extension of the completion date, or both, by change order. Furthermore, the Contractor will not be held responsible for any damage to the following: Underground Sprinkler heads-Underground irrigation piping-Television Cable-Phone Cable–Low Voltage Cable, Cesspools/Septic Tanks or any buried utilities and/or devices not installed in accordance with local building codes or common practices.

 

3. This proposal shall not be deemed valid until countersigned by Outerland, LLC. This proposal is valid to the customer for 15 days from the signed date. Outerland, LLC reserves the right to terminate this contract at any time. This verbiage in this proposal, including plant lists, will always supersede any plans previously provided for quantities, specifications, and/or details.

 

4. Necessary permits and variances shall be secured and paid for by the Customer unless otherwise specified.

 

5. Materials supplied are believed to be of high quality. Outerland, LLC will install all materials in accordance with appropriate industry and nursery standards. Proper maintenance, particularly of plant and organic materials, is required and is the obligation of the Customer. Please see below for warranties. Maintenance contracts are available from Outerland, LLC.

 

6. Plant material supplied by Outerland, LLC pursuant to this agreement, except as stated below*, will be warranted for 90 days from the date of installation providing the Customer furnishes plant material with the services of a professional landscape service meeting with Outerland, LLC, standards of care. This is a limited warranty. Plant material supplied by Outerland, LLC pursuant to this agreement, except as stated below*, will be warranted for a period of one year from the date of installation provided the Customer has procured a maintenance contract from Outerland, LLC. *Annuals, potted plants, or existing plants that are transplanted on-site will not be guaranteed. Plants are also not guaranteed against physical damage (i.e. wind or storm damage). The Customer is responsible for the winterization of installed plant material. When hydro-seed is applied after April 15th and prior to October 1st, Outerland will guarantee germination only. No guarantees extended beyond this time frame. Hydro-seed is not guaranteed against heavy rain and washout. Additional applications if needed to be priced separately. All parts and workmanship are guaranteed for one full year against defects and improper installation. This does not include physical damage done by weather, outside contact, or misuse. The warranty is effective only if the Customer has complied with all of the terms and conditions of this agreement, including payment. Other than as set forth herein, there are no express or implied warranties, including fitness for a particular purpose or merchantability.

 

7. Work performed by other contractors or subcontractors that is not provided for in this contract such as, but not limited to masonry, fencing, and irrigation, is not guaranteed by Outerland, LLC and Outerland, LLC. shall not be liable for such work or for any losses, damages, or any repairs resulting, including damage to plant material installed by Outerland, LLC.

 

8. Payment is due in accordance with the terms set forth on the front page of this agreement. Otherwise, payment is due upon receipt of an invoice. Progress payments may be required and are due upon receipt of a request for payment or an invoice. All work is expected to be paid in full upon completion of the contract. A payment outstanding 30 days after the due date will be subject to interest at the rate of 1.5% per month. The Customer shall be liable for all costs of collection including reasonable attorney fees. Warranties contained herein will not be honored and will become void should the Customer be in default of a payment obligation.

 

9. Outerland, LLC will not assume responsibility for damage to any underground object such as gas and water lines, irrigation lines, cable television, electric or telephone lines, or conduit unless designated by the Customer to Outerland, LLC on appropriate drawings prior to the beginning of work. Outerland, LLC is not responsible for damage to walks, curbs, and driveways caused by the delivery of supplies and materials through normal construction operations. Outerland, LLC will take all reasonable precautions to preserve existing trees and shrubs. However, Outerland, LLC is not responsible for the loss of existing trees and shrubs. Unforeseen weather conditions such as extreme temperature, high wind, and heavy rain that result in damage that includes, but is not limited to, the washout of seed and damage to sod, plant materials, and mulch is not the responsibility of Outerland, LLC.

 

10. Any authorization for additional work will be agreed upon by both parties either by verbal consent or by written Change Order Approval form, which shall become a part of this contract. Where such additional work is added to this contract, it is agreed that the total price under this contract shall be increased by the price of such additional work that installment may be increased proportionately and that all terms and conditions shall apply equally to such work.

 

11. The Customer will assume maintenance of plants and/or lawn areas immediately after installation. Failure to provide proper maintenance such as watering by the Customer shall void all warranties. Maintenance contracts are available from Outerland, LLC.

 

12. The Customer hereby grants Outerland, LLC permission to use any image, picture, photo, and/or digital images, and the like, taken or made on behalf of Outerland, LLC’s activities. The client agrees that the images have complete ownership of such pictures, etc., including the entire copyright, and may use them for internal training, marketing, and promotional materials. Outerland hereby acknowledges that the use of such imagery in no way implies a direct endorsement of Outerland, LLC. The customer acknowledges that they will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Outerland, LLC and its agents and assigns from any and all claims which arise out of, or are in any way connected with, such use.


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