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Terms and Conditions

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Things to know before accepting a proposal

Acceptance of all proposals provided by J&L Lawn & Landscape is also the acceptance and agreement of our terms and conditions as listed below. Please review the terms and conditions relating to the proposal you've received.

Lawn Mowing

Unless otherwise noted in writing, mowing services will be performed on a weekly basis starting in the Spring (either in the month of March or April) and continuing until Fall when the grass growth rate has slowed to the point where mowing is no longer needed or

Landscape Installation, Plant Installation, Excavation, Drainage Work, Stump Removal

Planting & Plant Replacement Guarantees · Trees, Shrubs, and Perennials: All trees, shrubs, and perennials are warranted 1 year from the date of installation (details apply below), provided that: -The Contractor (J&L Lawn & Landscape) is in agreement at time of install that the plants are sufficiently hardy and appropriate for the soil, climate, and weather conditions associated with the site, and that they are properly maintained and watered, in keeping with standards for assuring the longevity of such plants. -The Contractor supplies the plants and planting materials. Client-supplied plants are not covered by any warranties or guarantees. -The Client supplements rainfall with additional watering as needed, especially during times of extreme heat and drought conditions. -The plants are cared for in accordance with accepted horticultural practices, either by the Client, the Contractor, or a third party. Any damage to the plants by the Contractor will the responsibility of the Contractor to correct or replace during the warranty period. -Plant Seasonality: Various plants, bushes, shrubs, and trees have ideal times for planting. Planting outside of the ideal time of the year at the request of Client may void this warranty or incur additional change order charges. -Annuals: Annual plants (plants that must be planted each year) are not covered by any guarantees or warranties. -Plant Availability: In some instances, some plants, shrubs, bushes, and trees may not be readily available to procure in time for the required planting time frame. J&L Lawn & Landscape will notify the Client if any proposed plants are unavailable and may suggest an alternative plant or planting time frame when any such plants become available. If plants or materials can be sourced from outside our normal range of preferred vendors, additional charges may be assessed to procure the needed plants or materials. Any such changes or charges will be discussed with the Client in advance and be approved by the Client before proceeding. -Plant Diseases: Should the Client recognize ill health in the plants, shrubs, bushes, or trees that have been supplied under the contract, it is the Client’s responsibility to immediately inform the Contractor so that the Contractor can determine the nature and source of the illness and/or damage so that appropriate action can be taken to preserve the plant. The use of herbicides, fertilizers, and insecticides to return the plants to good health may be used, and should the client prefer such methods not be used, this would void all warranties and guarantees for the plants under the warranty period. Should efforts to restore the plant’s heath fail, the Client is entitled to a plant replacement within the warranty period. However, the Contractor reserves the right to deny the warranty on the basis of plant neglect, damage from vehicular traffic, inclement weather (such as tornados, flooding), improper care (such as over-pruning or overwatering), animal damage (deer, rabbits, etc) or acts of God. In all cases, the Contractor shall work with the Client to minimize damage to the existing Contract related plants. Plant care information is available from J&L Lawn & Landscape upon request. -Plants, trees and perennials that are replaced under warranty do not come with any guarantee or warranty, even if the replacement plant(s) are replaced within one year of the original planting date. -Sodded Lawns/Repairs: All new sod areas will be Turf-Type Tall Fescue (Kentucky Bluegrass only allowed when irrigation system is present, and is not recommended in our region). J&L Lawn & Landscape guarantees that sod will be in good health and condition at the time of installation, but does not guarantee sod performance or survival after the project is completed. Damage to the sod after installation and any needed repairs after installation will be the Client’s responsibility. -Seeding: Unless otherwise noted, turf seed used for new lawn seeding, overseeding and patch repairs shall be Turf Type Tall Fescue. J&L does not guarantee seed germination or growth performance results, regardless of weather conditions or care, as results can vary greatly based on many factors beyond the control of the Contractor. J&L Lawn & Landscape will use high quality seed and best practices to ensure optimal results. Any re-seeding due to poor germination results will be at the discretion of the Contractor, or the Client may hire the Contractor to attempt another seeding, and the Contractor will make recommendations or suggestions to achieve the best possible results. -Weeds: Any weeds, whether perennial or annual, that may be present at the time of project or service are not the responsibility of J&L Lawn & Landscape, LLC, unless the scope includes weed control in advance of the project start date in writing. Even in such cases, it cannot be guaranteed that no weeds will be present in the work area(s). Weeds that surface/germinate after the project completion will be the client’s responsibility to eradicate. The client may choose to hire the Contractor to provide weed control services after the project is completed. -Transplanted plant material: The Contractor does not guarantee plant material that has been transplanted on site. -Required Maintenance: The Contractor will provide information and care instructions for the contracted work to be performed/installed. Failure to follow the recommendations with equal, equivalent or superior maintenance efforts, tools and resources will void any Contractor warranty on items so affected. Where the Contractor recognizes that the Client lacks sufficient resources (water pressure, power outlets, and related) to enable the full maintenance and enjoyment of the materials, construction(s) and/or horticultural elements associated with this Contract, the Contractor will also inform the Client and recommend possible solutions. However, the Contractor is not obliged to be wary of such needs or to account for them in this Contract in terms of design, construction or costs, and the Client fully accepts responsibility for obtaining such knowledge and acting accordingly. -Water Supply: Where water supply becomes an issue or is unavailable, and negatively impacts the plants that are installed as part of the project scope, the Client recognizes and agrees that such problems are the sole responsibility of the Client and may void the plant warranty. -Failure to comply with the guidelines set out herein shall void any warranty or guarantee provided by the Contractor whether expressed or implied. Exclusions: The following items and services are excluded from the scope of the proposed services, unless specified in writing to the contrary: · Electrical work (other than low voltage work) is to be done by a certified electrician only and is always additional to the Contract unless otherwise noted in the service description. · Damage to existing irrigation lines, wires or buried sprinkler heads during construction is considered to be an additional cost, and any needed repairs will be the client’s responsibility. · Conduit and connections for electrical, gas, and all other utilities and services that are not included in the written scope of the project but may be needed for the project. · The Ohio Utilities Protection Service (or “OUPS”, Call Before You Dig) will be utilized on each project requiring digging or excavation below ground level, in which case we (J&L Lawn & Landscape, LLC) are responsible for incidental repair cost of the located utilities only after they have been marked. Work cannot commence until any such utilities are marked in advance. (NOTE: Privately installed utilities are not marked by OUPS and will be the client’s responsibility to mark in advance. We (J&L Lawn & Landscape, LLC) will do our best to avoid damage to any such private utilities in the way of the proposed work, but damage to such utilities may be unavoidable and J&L cannot be liable for damages as a result of the construction/planting process). · Site Unknowns: Including, but not limited to, sub-surface conditions/obstacles that create unforeseen labor, equipment, material or disposal charges. Examples include stumps, boulders, old concrete, large roots, or other objects buried underground that would impede the project scope. · J&L Lawn & Landscape, LLC is not responsible for weather related damage and/or weather-related schedule changes during the work process. We do our best to stay on schedule and keep working as weather conditions permit.

Contracts

The contractor, J&L Lawn and Landscape, will perform the services listed at scheduled intervals, once the contract has been approved/signed.  If this contract is terminated by either J&L Lawn & Landscape or the customer, the customer understands that the services already performed at the time of the cancellation will be prorated and billed with a 10% cancellation fee. The customer acknowledges that any property or bodily damage that results from our services is covered by the contractor’s insurance policies. Any damage or injury on the customer’s property not resulting from the contractor’s services are the liability of the customer. Invoices will be sent by mail before the beginning of the service month, and payment will be due on the 1st of the month. If after five days past the due date payment is not received, a 2% delinquency charge will be applied to the invoice and will continue to accrue with each month any invoices remain unpaid. If after a period of three months payment is not received, the contract will be terminated by J&L Lawn & Landscape and cancellation fees will apply.  If the customer is not satisfied with any of the services provided, the contractor assumes that the customer will notify the contractor about the situation. J&L Lawn & Landscape will then attempt to rectify the situation until the customer is satisfied. However, the customer understands that inclement seasonal weather and situations beyond the control of the contractor may, at times, produce less than desirable results in the services performed at the time. J&L Lawn & Landscape assumes the responsibility to provide the highest level of quality service, within reason, despite any undesirable situations that may occur. Services will be performed on schedule and as frequent as necessary, leaf removal a maximum of three times, and snow removal a maximum of 8 times.  Any snow removal services performed after 8 service visits will be billed separately. No services other than those in the package chosen are included in your plan.

Snow and Ice Management 

J&L Lawn & Landscape agrees to perform all Snow and Ice Control services in a manner that is safe, professional, and in keeping with the best industry standards and practices. The Client understands that there may be delays in service during an event due to factors such as timing of the snow/ice event, traffic delays, road conditions, snow and ice depth, rate of precipitation, temperature, available employee labor, etc. J&L Lawn & Landscape agrees to perform service as soon as we are able and is practical. The Client understands that zero-tolerance clients, medical centers, and certain businesses can and may take higher priority during an event. The Client understands that snow and ice event forecasting and conditions can change rapidly, and that J&L Lawn & Landscape has the right to determine the best way to perform snow and ice management services based on all available data at the time of service. -Unless otherwise noted, the quoted price includes servicing the walks and entrances. Unused walkways or city sidewalks that are maintained by the city are not included in the scope. -Snow removal will be performed and priced at the accumulation rates stated in the proposal. Any accumulations over 8” (a “blizzard”) will be billed at a prorated rate based on average snow depth and snow type (for example, wet and heavy or dry and light) at the time of service. J&L Lawn & Landscape reserves the right to determine the average snow depth at the time of service. The Client agrees that snow or ice accumulation depths can vary over the region, and that snow drift will be factored into average snow depth on site (if applicable). J&L Lawn & Landscape will make every effort to be accurate with depth measurements. Higher depth snowfalls may be plowed more than once during a single event, and each plowing will be charged at the depth rate at the time of plowing (unless the Client is under contract for a set price for the entire season). -Snow removal services must include ice control services, no exceptions. This does not mean that ice control will always be needed, but that the Contractor may choose to use ice control to mitigate the threat of ice, hard pack and slick/unsafe conditions. -Pre-salting/de-icing application will be performed ahead of a snow event in situations where ground and ambient air temperatures will allow precipitation and snow to freeze and not thaw within a reasonable time frame. Salting/de-icing after a snow plowing service will be assumed unless ground and ambient air temperatures will allow residual snow and ice to melt and evaporate before re-freezing. The client agrees that J&L Lawn & Landscape reserves the right to make such judgement calls during a snow and/or ice event in order to provide the best service and prevent slick or unsafe conditions. If the Client specifically requests a snow or ice control service not to be performed, in writing, J&L Lawn & Landscape shall not be held liable for any resulting snow and ice conditions during or after an event from lack of service. If J&L Lawn & Landscape cannot be allowed to determine how snow and ice events will be handled, it may result in termination of the contract by J&L Lawn & Landscape and all services will be suspended. -The Client agrees to pay the Contractor for all snow and ice management services by the due date of the invoice for such services. If payment for services rendered is past due, the Client understands that services will be temporarily suspended until payment has been made in full and all accounts are current. Any snow or ice control services that are not performed while the Client’s account is past due will be the Client’s responsibility. The Client agrees that if temperatures and wind chill factors combine to temperatures below zero degrees Fahrenheit, J&L Lawn & Landscape reserves the right to suspend services (without penalty) that would subject our employees to these dangerous working conditions that would place our employees to risk of exposure. In such cases, the Client does not hold J&L liable for services that may be left unperformed until temperatures rise and service can be resumed. J&L Lawn & Landscape will not invoice the Client for services that are not performed due to changes in the weather that would prevent services from being performed or not needed. -The Client understands that thaw/re-freeze is a natural occurrence and may at times result in ice formation. In addition, rain that rapidly turns into ice may prevent the application of ice melt in a timely manner due to the risk of it being washed away before it can be effective may result in delays in ice mitigation. The Client agrees that snow and ice management services that are performed during Thanksgiving, December 24th, December 25th, December 31st and January 1st will incur a 50% surcharge on all services performed for events that occur over these dates. ·The Client hereby agrees to indemnify and hold the Contractor harmless for any damage caused to utilities, mailboxes, lampposts, outdoor lighting, driveways, walkways, patios, etc., that are not properly marked or maintained by the client. It is the client’s responsibility to notify J&L Lawn & Landscape of obstructions or other areas of interest and/or concern located on the client’s property, as well as to place snow marker stakes making such areas easily identifiable during a snow event. J&L Lawn & Landscape may attempt to clear snow around obstructions/cars parked in the client’s lot(s) and/or driveway(s), but if this poses the risk of damage to a vehicles or other objects, a safe minimum distance will be maintained. Multiple cars/obstructions parked in the client’s lot(s) and/or driveway(s) may result in delayed or reduced service and/or additional charges. Snow will not be plowed between vehicles that are parked too close together to safely plow between. The client waives J&L Lawn & Landscape of any responsibility for preventable damage caused to the client’s property due to the negligence of the client. The client is responsible for driveway gravel clean up that may be needed from being pushed by the snowplowing. · J&L Lawn & Landscape will exercise reasonable care to avoid any damage to the Client’s property and structures. J&L Lawn & Landscape is not responsible for damage to lawn and landscaping due to the piling of snow or the spreading of de-icing, or damage to turf or landscaping that was not clearly marked with a boundary marker. Unless otherwise noted in the proposal, the Client is responsible to mark the pavement boundaries with reflective boundary stakes that indicate corners, changes in direction, or anything to be avoided. J&L cannot be liable for moving parking bumpers that cannot be seen under deeper snow accumulations. -Any and all damage that may result from snow and ice management services performed by the Contractor must be reported to J&L Lawn & Landscape, in writing, within 48 hours of the service(s) having been performed. If can be reasonably demonstrated that J&L Lawn & Landscape is responsible for the damages that occurred, J&L Lawn & Landscape will perform/coordinate repairs and reserves the right to determine how said repairs will be made in accordance with these terms and conditions. Failure to report damages constitutes a waiver and J&L Lawn & Landscape is released of liability. -The client shall indemnify, defend and hold harmless J&L Lawn & Landscape, its owners, employees and subcontractors from and against any and all claims, damages, industry standard attorney’s fees, costs and expenses which J&L Lawn & Landscape incurs as a result of a claim brought by the client or any third party, arising out of any wrong doing, negligence, and/or breach of contract by the client alleged or otherwise, or any act of God, including but not limited to extraordinary weather conditions, that is related, in any manner whatsoever, to the premises or the client's involvement with the premises or services, including but not limited to slip and fall accidents. -This contract may be terminated upon written notification by either the Client or J&L Lawn & Landscape. The Client agrees to render payment for any services performed up to the time of termination by the due date on any outstanding invoices. The Client acknowledges that past due payments may result in late fees and that any such fees will be due even if services are cancelled or suspended. * Sales tax is applicable unless the client tax exempt or otherwise stated on this proposal.

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