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Landscaping Services Terms and Conditions

Effective Date: 01/11/2024
Last Updated: 21/11/2024

 

These Terms and Conditions ("Agreement") apply to all landscaping services ("Services") provided by Dorset Landscapes hereinafter referred to as "the Company," to the client ("Client") and constitute a legally binding contract between the Company and the Client.

 

1. Scope of Services

The Company will provide landscaping services as agreed upon in the estimate or service agreement ("Scope of Work") provided to the Client. The specific details of the services, including pricing, materials, and time-frames, are outlined in the individual agreement signed by the Client.

 

2. Payment Terms

- Charges: The Client agrees to pay the Company the agreed-upon amount for the services rendered, as detailed in the estimate, Quote or service agreement.

- Deposit: A non-refundable deposit of 50% is required upon acceptance of the proposal. The remaining balance is due upon completion of the Services, unless otherwise agreed.

- Late Fees: Payments that are not made within 14 days of the due date will incur a late fee of 20% per month of the outstanding balance.

 

3. Client Responsibilities

- The Client agrees to provide the Company with access to the property at the agreed times for the completion of the Services.

- The Client will ensure that the property is clear of any obstacles or hazards that may impede the Company's work. The Company is not responsible for damages to objects or structures left in the work area.

- The Client is responsible for obtaining any necessary permits or approvals required for the Services, unless otherwise agreed.

 

4. Work Site and Conditions

- The Client acknowledges that the Company will perform the Services under the conditions present at the work site, and that such conditions may change due to weather, soil quality, or other factors.

- The Company is not responsible for any damages or delays caused by weather, natural disasters, or unforeseen conditions that affect the timely completion of the Services.

 

5. Liability

- The Company will make every effort to complete the work in a professional manner, but shall not be liable for any damages, injury, or loss caused directly or indirectly by the Services provided, except where the Company’s negligence can be proven.

- The Company will not be responsible for damages to underground utilities, irrigation systems, or any other preexisting conditions that were not disclosed by the Client before the commencement of work.

- The Client assumes responsibility for any damages caused by their own actions or omissions, including but not limited to improper care of landscaped areas or failure to notify the Company of existing hazards.

 

6. Insurance and Safety

- The Company maintains general liability insurance and worker's compensation insurance. A copy of the insurance certificate can be provided upon request.

- The Company agrees to take reasonable precautions to prevent injury or damage to persons or property during the performance of the Services. However, the Company is not liable for injuries or damages that result from actions beyond its control.

 

7. Force Majeure

The Company will not be held liable for any delay or failure to perform the Services if such delay or failure is caused by circumstances beyond the Company's control, including but not limited to acts of God, weather conditions, labour strikes, or other unforeseen events.

 

8. Dispute Resolution

- Any disputes or claims arising out of or relating to this Agreement shall first be resolved through negotiation between the Company and the Client.

- If the dispute cannot be resolved through negotiation, it shall be submitted to mediation or arbitration in accordance with the laws of [your jurisdiction].

 

9. Termination

- Either party may terminate this Agreement with written notice to the other party. If the Client terminates before the completion of the Services, they will be liable for payment for any work completed up to the point of termination.

- If the Company terminates due to breach of contract by the Client (including non-payment), the Client will be liable for all costs incurred up to the termination.

 

10. Warranties and Guarantees

- The Company provides no warranty beyond the completion of the agreed-upon work, unless otherwise stated in writing.

- The Company is not liable for any plant material that does not survive due to environmental factors or improper care by the Client.

- Any warranty offered by the Company applies only to the workmanship and will be void if the work has been altered or damaged by the Client or a third party.

 

11. Indemnification

The Client agrees to indemnify and hold harmless the Company, its employees, agents, and subcontractors from any claims, damages, losses, or expenses arising out of the Client’s negligence or actions in connection with the Services provided.

 

12. Amendments

These Terms and Conditions may be amended or updated at any time, and such changes will be communicated to the Client in writing.

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