PO Box 3670, North Fort Myers, Florida 33918, United States
Terms & Conditions
The following terms and conditions apply to and are incorporated into the estimates and invoices, unless expressly modified or excluded in writing by 12 Stones Landscaping, LLC.:
SCOPE OF WORK
- 12 Stones Landscaping, LLC shall carry out and complete landscape works described in the estimate/invoice document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing.
- The contract documents shall contain the estimate/invoice, the specification plans and any other document referred to in the estimate/invoice. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by 12 Stones Landscaping, LLC.
- Only the items on the estimate/invoice specification are included, but all works are due for payment. All other requested works are excluded.
- The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.
ESTIMATE / INVOICE
- 12 Stones Landscaping, LLC also 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.
- Acceptance of the estimate/invoice involves acceptance of these terms in 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 fee and any loss of expenses incurred as a result at the discretion of 12 Stones. (Up to a maximum of 50% of the total of estimate/invoice.)
PAYMENT
- The client accepts that he/she will pay 12 Stones Landscaping, LLC the full contract sum (all costs incurred) upon the contract completion.
- All accounts are net and do not provide for any discounts or retentions.
- A deposit of 1/2 down may be required prior to the start date, upon agreement of works. Payment for the remainder will be due upon completion. The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate/invoice.
- Payments are immediately due on receipt of invoice.
- 12 Stones Landscaping, LLC will only ask for the estimate/invoice price, unless there are any unforeseeable difficulties, or the work has been increased. In either case, all work will be paid for.
SITE
- The client warrants the site is free of underground problems including but not limited to pipes, irrigation, electric cables, phone lines, cable lines, electric dog fence wiring, stumps, sewage drains and waste materials. Where problems are found underground 12 Stones Landscaping, LLC shall be free from any liabilities, and if able to repair, is entitled to charge to properly execute repairs or charge to perform additional work. The client is responsible for any expenses incurred due to any unforeseen underground problems discovered during or after work has been completed.
- 12 Stones Landscaping, LLC shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.
- 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 dumping.
DELAY / DISRUPTION
- 12 Stones Landscaping, LLC, attempts to use all reasonable means to complete the work within a reasonable time or by a specific date if agreed. 12 Stones Landscaping, LLC shall not be held responsible for any delays caused by weather and/or material shortages which make contract execution impossible.
MATERIALS
- Materials delivered to site become the responsibility of the client. 12 Stones Landscaping, LLC accepts no responsibility for loss, damage, or expense after delivery of materials to site for any reason.
- Any material brought to the site, including excess, to 12 Stones Landscaping, LLC’s requirements remain the possession of 12 Stones Landscaping, LLC who shall have the right to enter the site for removal.
MAINTENANCE AFTER COMPLETION
- 12 Stones Landscaping, LLC will execute the scope of this contract. The proper maintenance of the site is the client’s responsibility upon completion, unless otherwise agreed in writing. Completion is deemed to take place as specified by 12 Stones Landscaping, LLC.
WARRANTIES
- 12 Stones Landscaping, LLC is very proud to stand behind our work and does everything possible to ensure customer satisfaction during and after installation. Please read and understand our guarantee so there are no questions about the responsibilities of 12 Stones Landscaping, LLC and the customer.
- Guarantees valid only upon full payment of agreed contract. Once job is completed to contract/plan specifications, withholding payment for warranty items is not acceptable. Warranty items will not be addressed until payment in full is received.
- All plant material is guaranteed to be living and vigorous at the time of installation. Plant material that 12 Stones Landscaping, LLC delivers and installs that dies within three months from installation date will be replaced with proof of purchase. Replacements will be installed on a one-time basis, based upon availability, seasonal conditions, and 12 Stones Landscaping, LLC’s scheduling. Substitutions will be agreed upon by both customer and 12 Stones Landscaping, LLC.
- In any case, 12 Stones Landscaping, LLC is only responsible for the value of the plant material as listed on the estimate/invoice and shall not be held liable for any other expenses related to the replacement costs.
- All plant material must have a dedicated water source. Watering by hand or lawn sprinklers will not suffice. For installations, all sites still lacking a proper irrigation system on the start date of the work, are 100% excluded from all guarantees.
- 12 Stones Landscaping, LLC assumes no responsibility for plant material that suffers from improper care, poor watering, over fertilizing, improper pruning, damaged by pests, lawn mowers, weed eaters, chemicals, inadequate drainage, and all acts of nature including drought, cold weather & excessive wind, are exempt from guarantee.
- Due to the fragile nature of sod grasses, all sales are final and there are no guarantees or refunds even if you follow all the care instructions on our website. Please note: No warranty exists for jobs that do not have an irrigation system. For any type of sod to survive, it requires a minimum of 5 to 6 hours of sunlight per day and must be sprayed to prevent fungus and pests. Lack of proper maintenance for one day could cause newly installed sod to die. Due to the weight of our equipment and product upon delivery, damages may occur on driveways and sidewalks. The driver will only follow the customer’s instructions. By continuing with this purchase, you agree to release 12 Stones Landscaping, LLC of any responsibility of such damages.
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