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The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluded in writing by Babcock Property Management Services LLC hereby referred to as the “Contractor”. The person(s) named on the estimate who agree to be bound by this Agreement will hereby be referred to as the “Client”. 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:
PROJECTS
SCOPE OF WORK • The contract documents shall contain the estimate, the specification plans and any other document referred to in the estimate. 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 estimate specification are included and all works are due for payment. • The Client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.
ESTIMATE • The Contractor reserves the right to increase the value of the contract due to changes in design or materials by the Client after execution of the contract and may result in change order fees. For example, but not limited to, should the labor and/or materials projected on the estimate require more labor and/or materials to complete the job, the final invoice will reflect the actual labor and/or materials used for the job. See section on Change Orders. Estimates are valid 30 days from issue. • Acceptance of the estimate 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 • Cash, Check, Venmo, PayPal are accepted. All payments are Net 30 • The Client accepts that he/she will pay the Contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract. • 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 40% is required before work can begin. Progressive invoices may be sent as work progresses. Final Invoice will be sent after work is complete. • The Client will pay for any extra work, or costs due to unknown difficulties or changes, which are not within the estimate. • Payments are immediately due on receipt of invoice. • After 30 days from the date of the invoice there will be a 5% late fee added to the total amount invoiced. • If any balance due grows beyond 60 days past due and is placed with a third party collections firm, a collection fee of up to 50% will be added to the balance due, as well as reasonable attorney's fees and court costs, should those be necessary.
SALES TAX • Sales Tax will be added to materials purchased by the Contractor and delivered to the Client. • Sales Tax is calculated on the final amount of materials purchased by the Contractor. SITE • The Client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the Contractor shall be entitled to charge for additional work necessary and properly executed by the Contractor to complete the work. • 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 disposal. • In some situations the Contractor may need to be on a neighboring property to execute the contract. It is the responsibility of the Client to obtain permission for this trespass.
CUSTOMER RESPONSIBILITY: • All miscellaneous items including: Trash, Animal Mess, Furniture, Water Hose(s), Large Sticks, etc. must be picked up from the lawn prior to contractor’s arrival for service. If Customer does not clean up the lawn before the arrival of service date, service might be rescheduled to another date, or charged a fee for clean-up. • DIGGING: For projects that require digging (mulch installation, trenching or possibly aerations), Customer should call 811 “Know what’s below, call before we dig”. Our company may go as deep as 4” below the surface in delivering these services. All invisible fences, cables, and irrigation heads, etc. MUST BE MARKED prior to service. Customer can mark with spray paint, flags, or similar items. • Customer agrees to assume responsibility for any damage done to items listed above, or any cables, wires, etc. that are buried less than 6” deep, if they are not marked prior to our arrival. Customer must execute the aeration waiver prior to aeration services.
DELAY/DISRUPTION • The Contractor undertakes to use all reasonable endeavors 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 makes contract execution impossible.
MATERIALS ON-SITE • 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 • The Contractor undertakes to execute the scope of this 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 • 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.
LIABILITIES • 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 work necessary as a consequence of such an omission. This applies to both Client and Agent. • In no event shall Babcock Property Management Services LLC be liable to Customer or neighboring parties, and Customer expressly waives and agrees to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, or emotional or mental injury. • Babcock Property Management Services LLC is not responsible for damage to flush mounted or buried obstacles, cables, wires, pipes, toys, pet leashes, improperly installed or malfunctioning sprinklers, hoses, or siding and windows installed within 12″ of the ground. • Client agrees that Babcock Property Management Services LLC is not responsible for damage to any items left on the lawn, property or surrounding properties. INDEMNIFICATION • 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 ClientPROMOTION • The Client hereby authorizes the Contractor to take photographs 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.
CHANGE ORDER • No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties. • An additional estimate will be provided to the Client for approval of the Change Order prior to the work being performed. An approved estimate from the Client is required before the additional work can be performed.
WARRANTYNewly installed landscape plants will suffer transplant shock, particularly during the hot summer months. It is imperative that plants receive proper care, so as to minimize stress. Upon installation or purchase it is then the responsibility of the Client to supply the plant with sufficient water and fertilizer (as needed) during their growing season to keep them healthy. Trees, shrubs and plants are warranted for thirty (30) days from date of installation, and will be replaced once within the warranty period, should they die.
Limited Warranty: • Your landscape installation is accompanied with a thirty (30) days from date of installation limited warranty on the trees, shrubs, and plants installed by the Contractor. • Trees, shrubs, and plants will be replaced once only. Replacements are not warranted. • Trees, shrubs, and plants covered under the thirty (30) days from the date of installation warranty will be replaced with the same or similar tree, shrub, or plant at no additional cost to the customer. The labor to remove warrantied tree, shrub, or plant and installation of new tree, shrubs, or plant are not covered under this limited warranty and will be subjected to a $60 per hour charge. • The Contractor will make warranty replacements during the optimum planting seasons: spring and fall. Typically, replacements will take place between April 1st through May 31th. • Deciduous trees 2" caliper or larger and conifers 6' or larger are excluded from the full labor warranty. These trees will have a planting charge the same as the original labor charge.
ESTIMATE • The Contractor reserves the right to increase the value of the contract due to changes in design or materials by the Client after execution of the contract and may result in change order fees. For example, but not limited to, should the labor and/or materials projected on the estimate require more labor and/or materials to complete the job, the final invoice will reflect the actual labor and/or materials used for the job. See section on Change Orders. Estimates are valid 30 days from issue. • Acceptance of the estimate 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 • Cash, Check, Venmo, PayPal are accepted. All payments are Net 30 • The Client accepts that he/she will pay the Contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract. • 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 40% is required before work can begin. Progressive invoices may be sent as work progresses. Final Invoice will be sent after work is complete. • The Client will pay for any extra work, or costs due to unknown difficulties or changes, which are not within the estimate. • Payments are immediately due on receipt of invoice. • After 30 days from the date of the invoice there will be a 5% late fee added to the total amount invoiced. • If any balance due grows beyond 60 days past due and is placed with a third party collections firm, a collection fee of up to 50% will be added to the balance due, as well as reasonable attorney's fees and court costs, should those be necessary.
SALES TAX • Sales Tax will be added to materials purchased by the Contractor and delivered to the Client. • Sales Tax is calculated on the final amount of materials purchased by the Contractor. SITE • The Client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the Contractor shall be entitled to charge for additional work necessary and properly executed by the Contractor to complete the work. • 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 disposal. • In some situations the Contractor may need to be on a neighboring property to execute the contract. It is the responsibility of the Client to obtain permission for this trespass.
CUSTOMER RESPONSIBILITY: • All miscellaneous items including: Trash, Animal Mess, Furniture, Water Hose(s), Large Sticks, etc. must be picked up from the lawn prior to contractor’s arrival for service. If Customer does not clean up the lawn before the arrival of service date, service might be rescheduled to another date, or charged a fee for clean-up. • DIGGING: For projects that require digging (mulch installation, trenching or possibly aerations), Customer should call 811 “Know what’s below, call before we dig”. Our company may go as deep as 4” below the surface in delivering these services. All invisible fences, cables, and irrigation heads, etc. MUST BE MARKED prior to service. Customer can mark with spray paint, flags, or similar items. • Customer agrees to assume responsibility for any damage done to items listed above, or any cables, wires, etc. that are buried less than 6” deep, if they are not marked prior to our arrival. Customer must execute the aeration waiver prior to aeration services.
DELAY/DISRUPTION • The Contractor undertakes to use all reasonable endeavors 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 makes contract execution impossible.
MATERIALS ON-SITE • 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 • The Contractor undertakes to execute the scope of this 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 • 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.
LIABILITIES • 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 work necessary as a consequence of such an omission. This applies to both Client and Agent. • In no event shall Babcock Property Management Services LLC be liable to Customer or neighboring parties, and Customer expressly waives and agrees to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, or emotional or mental injury. • Babcock Property Management Services LLC is not responsible for damage to flush mounted or buried obstacles, cables, wires, pipes, toys, pet leashes, improperly installed or malfunctioning sprinklers, hoses, or siding and windows installed within 12″ of the ground. • Client agrees that Babcock Property Management Services LLC is not responsible for damage to any items left on the lawn, property or surrounding properties. INDEMNIFICATION • 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 ClientPROMOTION • The Client hereby authorizes the Contractor to take photographs 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.
CHANGE ORDER • No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties. • An additional estimate will be provided to the Client for approval of the Change Order prior to the work being performed. An approved estimate from the Client is required before the additional work can be performed.
WARRANTYNewly installed landscape plants will suffer transplant shock, particularly during the hot summer months. It is imperative that plants receive proper care, so as to minimize stress. Upon installation or purchase it is then the responsibility of the Client to supply the plant with sufficient water and fertilizer (as needed) during their growing season to keep them healthy. Trees, shrubs and plants are warranted for thirty (30) days from date of installation, and will be replaced once within the warranty period, should they die.
Limited Warranty: • Your landscape installation is accompanied with a thirty (30) days from date of installation limited warranty on the trees, shrubs, and plants installed by the Contractor. • Trees, shrubs, and plants will be replaced once only. Replacements are not warranted. • Trees, shrubs, and plants covered under the thirty (30) days from the date of installation warranty will be replaced with the same or similar tree, shrub, or plant at no additional cost to the customer. The labor to remove warrantied tree, shrub, or plant and installation of new tree, shrubs, or plant are not covered under this limited warranty and will be subjected to a $60 per hour charge. • The Contractor will make warranty replacements during the optimum planting seasons: spring and fall. Typically, replacements will take place between April 1st through May 31th. • Deciduous trees 2" caliper or larger and conifers 6' or larger are excluded from the full labor warranty. These trees will have a planting charge the same as the original labor charge.
MOWING
- SCOPE OF WORK • Mowing of all turf areas using appropriate commercial equipment. •Trimming/Weed Eating: String trimming around obstacles, fences, structures, and areas inaccessible to mowers. •Cleanup: Blowing and clearing all grass clippings from hard surfaces (driveways, walkways, patios, and decks). •Edging: (Add-on service) Mechanical edging along all paved surfaces (driveways, sidewalks) and designated landscape beds. TERMS • Lawn mowing season runs for 27 weeks beginning near the start of May (Weather permitting) and continuing to near the end of October. PLEASE CALL if additional mows or services are desired. Additional mows will be prorated according to the seasonal quote. • Lawns will be mowed through the week listed on contract or quote. • Grass Height ○ Lawns will be mowed to a height of approximately 3.0-3.5″. ○ Seasonal variations will occur depending on weather conditions. • Dates of Service ○ The day on which Client’s property is serviced each week is approximate, not guaranteed, and subject to change without notice. ○ The time of day in which the property is serviced may vary, cannot be guaranteed, and is subject to change without notice.
- ○Mowing will be completed every 7-10 days depending on conditions. • Pet Waste ○ Please clean up after pets prior to service. ○ Pet waste is not picked up by our crew prior to mowing. ○ Excessive pet waste may lead to extra charges, service delays, or cancellation of service. • Property “Ready for Service” ○ It is Client’s responsibility to ensure that the property is ready for service. ○ Please remove all furniture, children’s toys, and pet toys from the lawn area prior to each service. ○ Delays due to removal / movement of obstructions may incur additional cost. ○ A one-time ‘make ready’ charge may apply to lawns, walks, or drives that have not been maintained regularly. ○ A quote will be provided, and approval will be required before any work can begin on ‘make ready’ projects. ○ Reasonable wear and tear to the lawn and property is to be expected over time; Client agrees that Babcock Property Management Services LLC is not liable for general wear and tear. • Drought/Late Season Policy ○ For periods of drought or slow/no grass growth, full payment is still required for that entire month. ○ Babcock Property Management Services LLC still services the property, just in a different capacity as the situation may warrant. For example, Babcock Property Management Services LLC may still edge, blow off the hardscapes, and mow any areas that need it. ○ Excess Water: For periods where excess water is present on the property, Babcock Property Management Services LLC may or may not be able to service certain areas. ○ If this is the case, we may skip areas the operator feels may be damaged by service equipment or foot traffic. PAYMENT
- • Cash, Check, Venmo, PayPal are accepted. All payments are Net 30
- • The Client accepts that he/she will pay the Contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract.