Terms & Conditions

 Boswell Landscaping LLC. Agreement  TERMS AND CONDITIONS  The following terms and conditions apply to and are incorporated into the estimates unless expressly modified  or excluded in writing by Boswell Landscaping hereby referred to as the “Contractor”. The person(s) named  on the estimate who agree to be bound by this Agreement will hereby be referred to as the “Client”.  WHEREAS, the Contractor is engaged in the business of offering landscaping services; and  WHEREAS, the Client desires to retain the services of the Contractor to render landscaping services  conforming to the Client’s design and direction according to the terms and conditions herein.  NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the  Contractor and the Client (individually, each a “Party” and collectively, the “Parties”) covenant and agree as  follows:  SCOPE OF WORK  ●  ●  ●  The contract documents shall contain the estimate, the specification plans and any other document  referred to in the estimate. No qualification in any acceptance issued by the Client shall form part of the  contract unless specifically agreed to in writing by the Contractor.  Only the items on the estimate specification are included and all works are due for payment.  The Client is responsible for obtaining any necessary planning permission for the works and the fulfilling  of statutory requirements.  ESTIMATE  ●  ●  The Contractor 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. See section on  Change Orders.  Acceptance of the estimate involves acceptance of these terms and 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 fees and any loss of expenses  incurred as a result at the discretion of Contractor.  PAYMENT  ●  ●  ●  The Client accepts that he/she will pay the Contractor the full contract sum (all costs incurred) together  with any tax properly chargeable upon the contract.  A deposit is required to schedule any job. The deposit amount will be listed on the estimate. Under no  circumstance will a job be schedule without the deposit being paid.  Progressive invoices may be sent as work progresses if there are circumstances such as weather delays,  or any unforeseen circumstances. Progressive invoices will not exceed 25% of labor costs.  Failure to  pay progressive invoice will result in job being delayed. Work will not resume until invoice is paid   ●  ●  ●  ●  The Client will pay any extra works, or costs due to unknown difficulties or changes, which are not  within the estimate. A separate estimate will be issued for any additional works. It must be approved by  the client.  No por on of payment can be withheld because addi onal work was added.  Payments are immediately due on receipt of invoice. Late fees will be applied for failure to pay on time.   Failure to pay will result in a Materialsmen's lien O.C.G.A. Sec on 44-14-361 Filed.  SITE  ●  ●  ●  ●  ●  ●  ●  The Client warrants the site is free of underground problems including pipes, cables, stumps, sewage  drains and waste materials. Where problems are found underground the Contractor shall be entitled to  charge for additional work necessary and properly executed by the Contractor to complete the work.  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.  In some situations, the Contractor may need to be on a neighboring property to execute the contract. It is  the responsibility of the Client to obtain permission for this trespass.  If client doesn't want heavy equipment in par cular areas, prices can go up depending on the  addi onal me it takes to complete the job.  Contractor is not responsible for damage to concrete or any other surface from the weight of the  equipment that is required to complete services.  Any part of the landscape that is damaged from traveling and compaction of equipment can be  repaired at clients expense. A separate estimate will be provided for the repair.  There should be no delays in payment of invoice due to addi onal work.  DELAY/DISRUPTION  ●  ●  ●  The Contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time  or by a specific date if agreed. Under no circumstances shall the Contractor incur any liability to the  Client for any untimely performance.  The Contractor shall not be held responsible for any delays caused by weather which make contract  execution impossible.  If the weather causes a delay that will push service back more than 3 days or more, the Contractor will  notify the client with an approximate date when service will resume.  MATERIALS ONSITE  ●  Materials delivered to site become the responsibility of the Client. The Contractor accepts no  responsibility for loss, damage or expense after delivery of materials to site for any reason.  ●  Any material brought to, or removed from the site, excess to the Contractor’s requirements remains the  possession of and removable by the Contractor who shall have the right to enter the site for that purpose.   MAINTENANCE AFTER COMPLETION  ●  ●  The Contractor undertakes to execute the scope of this contract. The proper maintenance of the site  however passes to the Client upon practical completion, unless otherwise agreed in writing. Practical  completion is deemed to take place as specified by the Contractor. This includes watering of Sod and  plants  Contractor recommend qualified company or persons for maintenance of landscape a er  installa on. Ask for recommenda ons.  WARRANTIES  ●  ●  ●  ●  ●  ●  The Contractor accepts no liability for any negligent act, omission, or any default under this contract,  unless specifically agreed in writing.  Any structural or appearance of finished features is at the discretion of the Contractor, unless agreed in  writing by the Client prior to the start of works. Where a written specification for the appearance of a  feature is provided to the Contractor, it is the responsibility of the Client to request a small sample of this  finished works prior to the start of that specific feature. The Contractor is not liable for any works  necessary as a consequence of such an omission.  There is no warranty for Sod due to the uncertainty of care when contractor leaves. Contractor can  not be certain that proper watering will take place. This also applies if sprinkler and timers are installed.  There is absolutely no warranty for seeds.  If there's a problem please no fy the contractor immediately  Any warran es are void if any other contractor or landscaper performs any work on areas that were  recently completed.  PROMOTION  ●  The Client hereby authorizes the Contractor to take photographs of the Client’s property for the use of  promoting the Contractor Landscaping Services at the Contractor discretion and grants the Contractor the  sole right in the intellectual property of any such photographs.  INDEMNIFICATION  ●  The Client agrees to indemnify, defend, and protect the Contractor from and against all lawsuits and  costs of every kind pertaining to the Landscaping Services, any false information delivered by the Client  pertaining to the Property, or failure to deliver relevant information by the Client.  CHANGE ORDER  ●  No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.  ●  Changes in scope of work will be charged at market rate.  WARRANTY  ●  ●  Newly installed landscape plants will suffer transplant shock, particularly during the hot summer months.  It is imperative that plants receive proper care, as to minimize stress. Upon installation or purchase it is  then the responsibility of the owner to supply the plant with sufficient water and fertilizer (as needed)  during their growing season to keep them healthy. Trees and shrubs are warranted for one year from date  of installation, and will be replaced once within the warranty period, should they die.  Limited Warranty:  Your landscape installation is accompanied with a 30 day limited warranty on the trees and shrubs  installed by the Contractor.  o  o  o  o  o  o  o  o  o  Plants will be replaced once only. Replacements are not warranted.  Deciduous trees 2" caliper or larger and conifers 6' or larger are excluded from the full labor  warranty. These trees will have a planting charge the same as the original labor charge.  This warranty cannot be transferred.  There will be no cash refunds.  The Contractor assumes no liability for replacement of plants killed or damaged by pests, insect  infestation, abnormal weather conditions, or other conditions beyond our control, nor will we  replace plants experiencing “seasonal die-back”, when pruning and proper care will restore them to  health.  The Contractor cannot warranty against weed growth in mulch or topsoil beds, due to the  germination of dormant seeds prevalent in the soil.  This warranty specifically excludes replacements for the following varieties: Flowering Dogwoods,  White Pins, Groundcovers, Perennials and Rhododendrons  Deciduous trees and shrubs must be given the appropriate time to leaf out before calling for  warranty replacements.  There are certain varieties of trees and shrubs, which generally should not be planted in the fall. A  partial list of these includes:  Birch, Flowering Dogwood, Redbud, Red Oak, Scotch Pine, Azaleas, Boxwoods, Groundcovers,  Hollies, and Rhododendrons.  This warranty shall be void and will not apply to any plants which were originally installed by the  Contractor, then subsequently repaired, adjusted, moved or modified by an individual or entity other  than the Contractor.  o  Annuals and transplanted plant material are NOT covered under this or any other Warranty.  o  o  o  o  During the 30 day warranty period, The Contractor will visit the site a maximum of one time to  remove and replace dead plant material. If necessary, This corresponds to three visits to the site at no  charge during the one-year warranty period. All trips to the site in excess of these three to either  remove dead plants or install replacements will be billed at $45.00 per hour.  The foregoing is the sole warranty for work provided by the Contractor. The Contractor will not be  liable for any other warranties, expressed or implied. AIl other warranties are excluded, including  the implied warranties of merchainability and fitness for a particular purpose. There are no other  warranties, which extend beyond the description of the face hereof.  The Contractor will have no liability under any circumstances for indirect, special, incidental,  liquidated, or consequential damages.  Sod and seed are not covered under this warranty t.

INSURANCE: Boswell Landscaping guarantees that the contractor is licensed and carries a minimum of $1M in general liability insurance.