By accepting our install proposal with Clean Cut Landscaping & Hardscapes, you have agreed to these terms and will comply with them throughout your relationship with Clean Cut Landscaping & Hardscapes. This is an agreement between Clean Cut Landscaping & Hardscapes referred to as the contractor and/or we and you referred to as the client and/or you. Contractor and client hereby promise and agree to the following: The contractor agrees to provide the labor, equipment and material as agreed and the client (you) agrees to pay the charges specified herein.
The following is to serve as required specifications and to provide guidance for the project installation.
GENERAL PROVISIONS
Contractor agrees and states that it has sufficient Auto and General Liability Insurance with General Aggregate amounts of $1,000,000/$2,000,000 per occurrence, as well as a $5,000,000 liability excess umbrella. Contractor certifies that it has proper workers' compensation coverage required by the state for all employees and the owner unless the owner has a waiver from the State Workers' Compensation Commission. This agreement which includes a “Description of Work”, “Products being Installed", and the “Terms and Conditions” serve as the entire agreement between both parties. Clean Cut Landscaping LLC is not responsible for loss related due to “Acts of God” (such as freeze, hurricane, flooding, drought, tornado, hail, rain, etc.). We are not responsible for damage to property from loss of control of vehicles, water being cut off, contractors not subcontracted directly by Clean Cut Landscaping LLC, or other actions not directly caused by Clean Cut Landscaping LLC.
WARRANTY AND TOLERANCES
Payments Received: The Warranty for the contract is only valid if payment is received in full on acceptance of the work.
Diligence: Clean Cut Landscaping & Hardscapes agrees to carry out its Work diligently and to provide sufficient supervision and inspection of its staff and subcontractors and that it’s work will be of proper and professional quality, and in full conformity with the requirements of the contract.
Competence: Clean Cut Landscaping & Hardscapes warrants that it is competent to perform the Work and that it has the necessary qualifications including knowledge and skill with the ability to use them effectively.
Site Unknowns: It is the responsibility of the Client or the Client’s Representative to fully inform Clean Cut Landscaping & Hardscapes of all the information regarding site unknowns that may include difficult buried materials, cables, and pipes, tree stumps, drainage or water table issues, rock sub-surfaces and/or other impediments, issues or factors that could otherwise impact the quality, cost and timeliness of project completion. Failure to notify Clean Cut Landscaping & Hardscapes may lead to additional costs to the Client (at the Contractor’s discretion) and schedule time, and may require changes in design and construction to overcome such problems – all for which the Client will be responsible. Clients can avoid such risks by permitting Clean Cut Landscaping & Hardscapes to do appropriate soil and ground tests, review the site, and to secure additional required site information from appropriate agencies. The cost(s) of such additional work is not included.
Damaged Utilities: Should damage occur to utilities during construction, Clean Cut Landscaping & Hardscapes is only liable for the cost of the repair. We are not liable in any way for inconvenience to the Client caused by damage to the utilities.
Damage to neighbor's buried utilities, on the Client’s property, are the responsibility of the Client.
Building/Window/Vehicle Washing: Buildings, windows, or vehicles of the Client, including neighbors, are not intended to be kept clean due to dust during Construction or Work performed by Clean Cut Landscaping & Hardscapes or our sub-contractors. Any necessary cleaning due to Construction or Work by the Contractor will be the responsibility of the Client.
MATERIAL TOLERANCES
Stone: Natural stone has color variations that vary from stone to stone. In addition, mineral deposits such as lime, iron, etc. can change the stone and even bleed. Manufactured stone has color variations that vary from batch to batch. UV rays fade the color of stone over time. This is the nature of the products and the Client accepts this as a natural and acceptable quality of the stone.
Metal: Metal, which is not galvanized, is not guaranteed form rusting commencing immediately after installation.
Warranty Time Period: Clean Cut Landscaping & Hardscapes warrants all construction and installation for a period of one (1) year, providing that they have been maintained properly. All construction materials are subject to manufacturer’s specific warranties/guarantees. Planting is warranted for one (1) year if there is an approved irrigation system.
Client Responsibilities: The Client recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations in keeping with standard quality maintenance requirements in order for the Warranty to remain in effect. Failure to properly maintain materials or horticulture installations will void the warranty. Client further recognizes and agrees that damage to construction, materials, horticulture elements and other warrantable items of the project will not be warranted if the damage or loss is due to elements beyond the control of Clean Cut Landscaping & Hardscapes . For example, flooding eaves troughs that damage plants, fallen branches, animal caused damage, frozen/ burst irrigation or drainage pipes that were not seasonally drained at the proper time, use of improper chemicals, improper maintenance, extreme or unusual weather conditions, and similar and/or related situations – void all warranties provided by Clean Cut Landscaping & Hardscapes.
Use of Client Selected and Approved Substandard Materials: Client recognized and agrees that if the Client has chosen and approved the use of substandard materials for any application that the one year warranty will be void or otherwise limited in writing on those items so impacted, but will remain in effect for all other elements of the project not impacted directly or indirectly by use of substandard materials. Clean Cut Landscaping & Hardscapes will notify in writing to the Client any material that the Client has selected that would negatively impact the one year warranty of the Contractor – prior to purchasing and/or installing such materials.
Material Grades: The Client recognizes that all materials come in a range of grades of quality and finishes, and that natural materials are not perfect. Natural wood has knots, and other natural materials have variability in color due to a wide range of factors, and that sample, while useful in material selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation. Clean Cut Landscaping & Hardscapes shall endeavor to enable the Client to see or understand the representative range of color, surface texture, and related of all materials seriously considered for installation on a project, however, it will be the responsibility of the Client for the final selection of those materials. Once the selection has been approved by the Client, the Client will be responsible for all costs associated with changing any given material should the Client change their mind during or after material is purchased or constructed.
PAYMENTS
All work is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications must be made in writing and may become an extra charge over and above the amount stated herein. This agreement is contingent upon delays beyond our control. Client agrees to pay for all work as set forth above. If the client defaults, the client agrees to pay for all costs of collection including reasonable attorney fees, in addition to other damages incurred by the contractor. Deposits on projects are non-refundable. All work and materials on the jobsite, installed and not installed, are the property of Clean Cut Landscaping & Hardscapes and are subject to repossession until the balance is paid in full.