TERMS AND CONDITIONS - Landscape
(1) ACCEPTANCE OF PROPOSAL. This Proposal shall remain valid for 30 days from the date signed by REEF TROPICAL POOLS (“Contractor”) and become a binding Agreement once signed by both parties.
(2) INSURANCE. Contractor shall carry standard form workers compensation and general liability insurance and Customer agrees to look only to Contractor’s insurance relative to any claim arising from Contractor’s performance hereunder.
(3) WORKING CONDITIONS / OWNERSHIP / ACCESS. Customer is responsible for advising Contractor in writing prior to commencement of the work of the location of any life safety systems, utilities, as well as objects or structures which could be damaged by Contractor’s personnel, machinery, materials or vehicles. Customer is responsible for providing ingress and egress to the work site. Customer shall furnish surveys describing physical characteristics, legal limitations and utility locations as well as a legal description, and Contractor shall be entitled to rely on the accuracy of any documents and information furnished by the Customer, its agents and design professionals. Contractor is not responsible for damages to underground sprinklers, drain lines, invisible fences or underground cables unless the system(s) are adequately and accurately mapped by the authorizing party and a copy is presented before or at the time the work is performed and the Contractor was not negligent. Contractor will call 811 dig prior to commencement of work. Contractor's employees shall not be required to work in hazardous, improper or unreasonable conditions, and the Customer agrees to address these conditions to Contractor’s satisfaction as well as cooperate with Contractor to provide a safe and proper working environment and to not interfere with the progress of the work. Customer is the legal owner of the Property, or otherwise has authority to permit construction upon the Property. The requested Services are in accordance with all applicable laws, regulations, codes, restrictive covenants, and homeowner’s association requirements. Customer has financial ability to pay Contractor for the Services performed. Customer will provide Contractor, its employees, agents, and subcontractors reasonable access to the Property for the purpose of performing the Services. Customer agrees to keep the Property clear of all known and potential hazards. Customer further agrees to keep all pets out of the work area of the Property. Customer is required to make sure the newly installed plant material receives adequate water, fertilized and maintained according to landscape industry standards.
(4) DAMAGE TO CONTRACTOR’S WORK. The Customer shall be fully responsible for the costs of any damage to Contractor 's work or equipment caused by Customer, its agents, contractors, subcontractors or third parties. Customer shall immediately reimburse Contractor for the costs necessitated by repairs to such damage, including labor, material, expenses and 20% for overhead and profit. Customer assumes the risk of loss or damage resulting from fire, theft, misuse, abuse, natural elements, or vandalism, and Customer agrees to reimburse Contractor for any such loss or damage.
(5) CHANGES AND/OR ALTERATIONS. In the event there are any changes after Contractor has computed its costs, then it is agreed that the Customer and Contractor shall compute the additional cost for such changes and thereby agree upon the sum to be added to the amount set in this Agreement. Customer may request reasonable changes to the Services described in proposal. Any changes to the Services must be in writing and signed by both Contractor and Customer. Customer agrees that any changes to the Services may result in additional charges and modification to existing schedule.
(6) COMPLETION AND ACCEPTANCE. Customer shall immediately inspect the work performed by Contractor and any aspect of the work not acceptable to Customer must be specifically noticed in writing to Contractor within 5 days of Contractor’s performance of its work. Contractor shall then be given a reasonable opportunity to address such issue. A full and complete acceptance of the work shall be presumed upon the Customer making payment. Contractor will complete the Services in accordance with the Contract. Customer agrees that all dates are subject to change due to unforeseen circumstances, weather, Acts of God, and/or Customer requests any changes or additions to the Services.
(7) PAYMENT. We prefer to be paid by check or money order. We require a credit card on file prior to start of work. Payment schedule should be reflected on proposal. If not, payment is due in full upon signing proposal. In the event any balance due Contractor is not paid within 30 days of Contractor’s invoice, then the Customer shall be in default. Customer shall be responsible to pay interest at the rate of 1½% per month (18% per annum) on any unpaid amount and to pay all costs and expenses, including but not limited to reasonable attorney’s fees and costs, incurred by Contractor in collecting any outstanding amount due under this Agreement, or enforcing its rights hereunder, with or without suit. Proper venue for any litigation stemming from this Agreement will be a court of competent jurisdiction in Miami-Dade County, Florida. Reef Tropical will set the payment schedule and submit to client for approval. Without adherence to the payment schedule, Reef Tropical reserves the right to stop work and not purchase material. Non or late payment will affect the completion time and schedule.
(8) WARRANTY. Large trees and palms will have a one-year warranty from the date of installation. Shrubs and ground cover will have a six-month warranty. Sod carries no warranty what-so-ever. The plant material cost is covered 100%. Yet, labor, equipment, and other material necessary will be billed at industry standard rates. Replacement plants carry no warranty what-so-ever. Plant material will not be warrantied if plant material dies do to neglect or Acts of God. Exception: it will not be covered if the plant dies because of neglected pest issues, drought or other causes that have no correlation to the quality of installation. Transplanting: Transplanted plant material carries no warranty what-so-ever.Transplanting has varied success depending on plant species, water, soil, weather, stress, etc. We will make our best attempt to prepare, move and relocate but sometimes plants do not survive the move. In this case, we cannot guarantee 100% survival rate. In the event the plant or palm dies due to transplanting, the replacement cost is to be covered by owner.
(9) Change Orders: This agreement contains the complete scope of work to be performed by Reef Tropical. Changes or additional work shall be done in writing and may be subject to additional costs. Change order labor & time costs will apply to additional work approved by owner. Customer shall reimburse Contractor for all fees incurred in connection with permits necessary for the work. If material or equipment, which Contractor is required to furnish under this Agreement, becomes unavailable, either temporarily or permanently, subsequent to the execution of the Agreement, through causes beyond the control and without the fault of Contractor, then in the case of temporary unavailability, the Agreement time shall be extended in writing for such period of time as Contractor shall be delayed by such unavailability; and in the case of permanent unavailability, Contractor shall be excused from the requirement of furnishing such work. The Customer agrees to pay Contractor any increase in cost of the material or equipment or furnishing which has become permanently unavailable and the cost of the closest substitute which is then reasonably available. If any changes are made by altering, adding to or deducting from the work, the Agreement price shall be adjusted accordingly.
(10) Time-frame: All work described herein will be completed in a reasonable and timely manner. There are many moving variables in a landscape project making it difficult to commit to deadlines that are unreasonable and subject to factors out of our control. Weather permitting, all items in this agreement are stated assuming that weather conditions are favorable. Reef Tropical is not responsible in any way for delays in the completion of specified tasks due to weather conditions or other uncontrollable factors. County permitting hold ups are examples of uncontrollable. Change orders and missing payment schedules will increase the time it takes to complete a project.
(11) PLANT MATERIAL & SUBCONTRACTORS: All plant material shall be Florida Department of Agriculture Grades and Standards and is subject to availability. We ask that all plants be inspected upon delivery or at nursery by owner or owner’s representative before installation. A representative should be present at the time of plant delivery, before installation to accept the quality and spec size. If there are discrepancies, it needs to be formally communicated prior to offloading or installation. If more material is required than spec'd, payment is the responsibility of the client. Contractor may engage subcontractors to perform work at its discretion, provided that Contractor shall fully pay any subcontractors and in all instances remain responsible for the proper completion of this Contract.
(12) Maintenance after installation: All trees, palms, shrubs, and ground cover plants shall be fertilized at installation. It is vital that there is a proper maintenance and care program set up after installation that includes an element of pest and fungal treatment methods and nutrition minor elements on an as needed basis for healthy plant growth. Proper irrigation coverage is also important. All newly planted areas must receive 100% coverage by automatic irrigation system. Reef Tropical offers maintenance services and will not warranty plant material without proper care after installation.
(11) LIMITATION OF LIABILITY. Contractor’s liability in any action related to this Agreement or the work performed hereunder, shall in no event exceed the amount of the Agreement and such liability may be fully discharged by a reimbursement of any payments received by Contractor under this Agreement. This limitation of liability is expressly intended to apply to all types of claims, including but not limited to claims for Contractor’s own negligence. Notwithstanding anything else to the contrary. Contractor shall have no liability or responsibility for any damages caused by others or for damages either before commencement of, or during the said work, or after said work, caused by structural faults, strikes, war, Acts of God, sudden rain, wind storms, vandalism, theft or any event beyond its reasonable control. Contractor shall not be liable for any damages resulting from the incompatibility with the Customer’s existing conditions. Any interruption in the work agreed upon in this Agreement which results in lost time and is not the fault of Contractor, or which is beyond the reasonable control of Contractor, will be billed to the Customer as an extra cost according to time lost. Reef Tropical Landscape assumes no responsibility for and shall not be held responsible for damages due to conditions beyond our control. Such conditions include, but are not limited to: Harsh weather, abnormally cold winter temperatures, wind, fire, vandalism, theft. Reef Tropical shall furnish all materials, tools, equipment and labor to install the landscape described herein. All operations shall be completed in a substantial and workmanlike manner. Drawings and details are to serve as a guide and shall be followed as close as practical. Reef Tropical is not responsible for breakage of buried and unmarked objects, including pipes and wires, as a result of performing normal landscape construction. On site adjustments may be made as necessary.
Documentation: Reef Tropical will require documentation on issues that may cause controversy in the future. If there is a decision the client needs to make that our landscape experts did not recommend or would not suggest, please put the request in writing.
PRIOR AGREEMENTS/AMENDMENTS. This Agreement contains the entire agreement between the parties and supersedes and replaces any and all prior agreements, whether oral or written. The Agreement may only be amended or modified by a written agreement executed by all parties. Oral representations may not be relied on. The Customer signing this proposal and Agreement represents he/she is authorized by or is the lawful owner of the property where the work is being performed. Failure to enforce all or any of the terms or conditions of this Agreement shall not be interpreted as a waiver of their continuing effect thereof.