working with homestyle

Contract for Landscaping
Terms, Conditions and Guarantees

Terms

HomeStyle Landscaping, Inc. requires a $1,000 nonrefundable deposit at the time this contract is signed, the first half, less the deposit payment is due upon the start of the job. The balance of contract amount is due on completion unless otherwise stated. There is a service charge of 2% per month on past due accounts beginning on the day of completion. The purchaser agrees to pay all costs of collection, including attorney fees and court costs on delinquent accounts. Changes made by the customer to the landscaping plan after this contract is signed will result in additional charges for designing, extra materials and labor costs.

Any controversy or claim arising out of relating this contract, or breach thereof, shall be settled by binding arbitration in accordance with the procedures of the Arbitration Committee of the Associated Landscape Contractors of Colorado. Judgement upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.

By signing below, the customer acknowledges and agrees to the conditions listed on the “Homeowner’s Responsibility” sheet presented in the estimate report.

In the event the parties hereto become involved in litigation arising out of the contract, or the performance or breach thereof, the court in such litigation, or in separate suit, shall award Homestyle Landscaping Inc. reasonable costs, expenses and attorney’s fees. The court shall not be bound by any court fee schedule, and may, in the interest of justice, award the full amount of costs, expenses and attorney fees.

Conditions and Exclusions
HomeStyle Landscaping, Inc. is not responsible for:

Settling around the foundation due to faulty back filling by builder.
Settling in trenches of utility companies (water/sewer lines etc.).
Design elements by homeowner that affect the grade.
Customer wanting extensions to the drains that violate any builder warranty.
Damage done to landscaping from flooding, runoff or slippage from adjacent properties.
Damage to plants from freezing, hail, wind, snow or other acts of nature.
Dead sod or plantings caused by lack of water due to Homeowners negligence, drought or water restrictions.

GUARANTEE
All plant material is guaranteed to be alive one (1) year from date of completion or will be replaced one time at no charge. This warranty is valid only when the owner has properly maintained the plant according to supplied information. Warranties are nontransferable in the event of home resale to another party.

Sprinkler components and labor are guaranteed two (2) years unless otherwise specified. Abuse or neglect such as failing to winterize the system properly according to supplied information will void guarantee.

All landscaping material and workmanship are guaranteed for one (1) full year.

Accounts 60 days past due from date of completion will nullify the terms of the guarantee.

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