GENERAL CONTRACT TERMS
We pride ourselves on high quality work and “doing it right the first time” There are many subtleties to installations and we want your project to be the best it can be. For clarities sake we want you to understand our warranties and general terms. Please read them carefully and check with your designer or salesperson if you have any questions.
Warranties: Lotus Gardenscapes (“LG”) provides a three(3) year warranty on landscape construction(stonework, masonry, woodwork) workmanship performed by LG, provided that proper maintenance procedures are practiced. All materials are warrantied under the terms provided separately by the manufacturer with the exception of plants as listed below.LG provides a one-year (1) one-time replacement warranty for selected plant material (trees & shrubs over 3g. size only) supplied and installed by Lotus Gardenscapes. The customer is solely responsible to ensure adequate watering and maintenance of all plant material after installation. LG will repair or replace non-conforming work or dead plants, provided that the customer gives LG written notice of the warranty claim before the expiration of the warranty period. The warranty period begins to run on the last day of LG’s work on the project out of which the warranty claim arises, and is validated by the signing of the plant maintenance agreement and sign off on the completion checklist. The foregoing warranties will be voided if the customer or a third party performs any work on the project site after the completion of LG’s work or if the customer fails to maintain the project site in a reasonable manner or as specified by LG (including a regular watering schedule for all plant material).
Substitutions: While every effort is made to locate suppliers for the plants ordered by the customer, it should be noted that specific plant selections, numbers, and sizes mentioned above are subject to substitution without notice should stock become unavailable, in which case the most suitable substitution will be made by a LG representative.
Lawn Repair: Access to your project will sometimes result in lawn damage, due to the varying levels of damage based on site and weather conditions . We bill for lawn repair on a Time and Materials basis – we can customize this to your needs, and you can waive it if you wish to do it yourself. NOTE – in most cases we put down a standard sun or shade seed mix – we do not treat for weeds, or warranty, or guarantee in any way the results of this seeding; for best results you will need to apply (yourself or with a certified lawn spray company) a weed and feed treatment 6-8 weeks after the seed has germinated. Seeded lawns do yield better results in the long term, but are generally not full growth lawns until 3-6 months after seeding. Restrict access and do a light over seeding in Spring or Fall for best results.
Irrigation & Drainage: Often irrigation and drainage repairs are necessary due necessary digging and trenching for project installations and plantings. We STRONGLY encourage you to contact your irrigation company to have all lines and wires marked prior to project installation. We are happy to do minor repairs to irrigation and drainage on a Time and Materials basis, or you can schedule these repairs separately. We do not account for these repairs in the cost and they will be considered an extra Time and Materials cost unless specifically stated otherwise in this contract.
Watering Schedule: Customer is responsible for maintaining a watering schedule for newly installed sod. Lotus Gardenscapes does not replace or warrant sod after its installation and first heavy watering after install (performed by LG or through irrigation system). Washout due to extreme weather events is not under warranty or covered under general project costs and subsequent repairs will be performed as Time and Materials additional work to be paid by the customer. Reasonable measures to avoid such additional work will be taken if agreed to by the customer as part of project cost.
Site Documentation: Customer agrees to allow LG to photograph the project site at times, before, during, and after the completion of the project for purposes of documentation and business promotion. Prior notification will be given.
Delays: Although Lotus Gardenscapes will undertake to avoid all unnecessary delays with respect to landscape construction, the customer hereby acknowledges that LG is not responsible for circumstances beyond our control including adverse weather, availability or late delivery of materials, strikes, or failure of sub contractors retained by the customer to complete other necessary prerequisite work prior to project start.
Insurance: LG carries insurance for general liability and property damage along with workers’ compensation coverage for employees.
Unforeseen costs: Lotus Gardenscapes is not responsible for any unforeseen costs that may occur during the landscape construction process. This includes excavation of hidden rocks, tree trunks, foundations, wells, septic tanks and fields or vandalism. These items will be considered extras to the contract and will be brought to the customers’ attention immediately. LG will not perform any such additional services without the prior written consent of the customer. That consent will include any adjustment to the project price that results from the additional work.
Utilities: LG is responsible for contacting all local public utility companies with respect to Telephone,Cable, Gas, Hydro, Etc. Any property line demarcation (through survey plan or otherwise) and private utilities including septic and well systems, shall be the sole responsibility of the customer to identify. LG is not responsible for any claims for damages caused to private utilities and work relating to property line locations.
Materials: The customer acknowledges that there may be a slight variation in color between the samples shown and the material installed due to manufacturing times or natural processes. If the contracted material pattern, color, or sizing requires re-ordering or return of material, there will be a restocking charge equal to 30% of the material price and a delivery and time charge for re-palletizing and/or removing the material for exchange.
Footings & Posts: Any footing or post excavation taking longer than 1 man hour per post will be billed for T&M after the 1st hour. Excavation in clay or rocky soil could lead to this additional charge.
Existing systems: LG is not responsible for damage to existing automatic irrigation systems, lighting, or drainage systems. Any alterations or upgrades required to accommodate new landscape installation are the responsibility of the customer unless contracted in scope of work through LG.
Permits: The customer is responsible for obtaining all necessary work permits with proper documentation required with respect to landscape construction at their own expense prior to the commencement of any work. If LG is contracted to provide working drawings or consult for any required permit documentation then the time will be billed at an hourly rate of $125.00 per hour plus the actual permit fee. Property owner is responsible to mark property lines prior to construction.
Cancellations: LG shall be entitled to compensation for services performed and material purchased up to point of notification if the customer chooses to terminate contract or abandon project prior to completion. Cancellation of a contract prior to project start will result in a fee equal to 2% of the contract price for the project, for processing and refunding deposits.
Scheduling warranties: Warranty work will not be completed until all contract payments are paid in full.
Late payments: Any deviation from the payment plan required by this contract could result in LG suspending the work until payments are up to date.