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General. These Terms and Conditions constitute the entire agreement between Wilsons Extra Landscaping, LLC and its subcontractors (collectively “Wilsons Extra Landscaping, LLC”) and Customer.
Contract Work. Wilsons Extra Landscaping, LLC shall furnish the labor, materials, equipment, tools, and services (the “Work”) described in the Proposal at the address identified in the Proposal. The Work shall be conducted in a good, workmanlike manner consistent with accepted industry standards. There shall be no obligation to provide any additional work or services unless otherwise agreed to in writing by Wilsons Extra Landscaping, LLC and Customer.
Contract Sum. The Contract Sum is the total amount to be paid to Wilsons Extra Landscaping, LLC for the Work. The prices set forth in the Proposal are an estimate of the cost for the Work and not a fixed price. All Work, including additional work, is provided on a time and material basis which may be increased from the price reflected in the Proposal. The Contract Sum is subject to escalation in the event of delays occasioned by the Customer, unforeseen site conditions and increases in the costs of wages, fuel, supplies and/or materials.
Payment. The Customer shall be responsible for full payment, irrespective of whether or not the Work is or may be covered by the Customer’s insurance company. In the event Customer does not timely pay, Wilsons Extra Landscaping, LLC may suspend all Work and/or pursue legal action. Customer agrees to pay all of Wilsons Extra Landscaping, LLC reasonable attorney’s fees, litigation costs, and all other charges and costs incurred by Wilsons Extra Landscaping, LLC in collecting payment from Customer. Customer also agrees to pay statutory charges applicable to a form of payment returned by Customer’s bank for any reason.
Site Conditions. The Proposal does not include costs associated with underground items (i.e., septic tanks, drain fields, irrigation systems and utility services) and site conditions (i.e., rocks, debris, unstable, compacted or clay soils) which are not visible or which the Customer does not specify prior to the commencement of the Work. If the Work requires excavation, blasting and/or disturbance to subsurface soils, Wilsons Extra Landscaping, LLC will not commence the Work until a dig notice is issued and all public underground utilities have been properly marked as set forth in the Michigan Miss Dig Underground Facility Damage Prevention and Safety Act, MCL § 460.721, et seq. Customer is solely responsible for locating and identifying private underground utilities or facilities including, but not limited to, irrigation systems, electrical wiring, wells, electric pet fencing, septic and drainage systems, and under no circumstances will Wilsons Extra Landscaping, LLC be responsible for damage to private underground utilities or facilities not identified, properly marked or disclosed by the Customer.
Site Damage. Customer acknowledges that the nature of the Work and the use of equipment associated with the Work may result in unforeseen damage to the surrounding terrain and adjacent plant material. In acknowledging this risk Customer agrees that the costs associated with repairing such damage will be borne solely by Customer.
Changes in the Work. From time-to-time, Customer may order changes in the Work consisting of additions, deletions, or modifications. Such changes in the Work shall be by a written change order (“Change Order”) signed by both the Customer and an authorized representative of Wilsons Extra Landscaping, LLC. In no event, however, shall failure by the Customer to obtain a written Change Order for the Work relieve Customer from paying Wilsons Extra Landscaping, LLC for any additional work performed by Wilsons Extra Landscaping, LLC at Customer’s request.
Customer’s Duties and Liability. Customer agrees to defend, hold harmless and indemnify Wilsons Extra Landscaping, LLC against all claims, lawsuits and any other liability or injury to persons or damage to property or personal injury (including death) arising from any and all the Work performed by Wilsons Extra Landscaping, LLC.
Limitation of Damages. Wilsons Extra Landscaping, LLC liability and Customer’s exclusive remedy shall, at Wilsons Extra Landscaping, LLC election, be to repair or replace that portion of the Work found by Wilsons Extra Landscaping, LLC to be defective following its inspection. In no event, however, shall Wilsons Extra Landscaping, LLC liability to Customer or any of Customer’s agents, contractors, successors, or assigns exceed the total proceeds actually received by Wilsons Extra Landscaping, LLC from Customer for the Work. Wilsons Extra Landscaping, LLC shall under no circumstances be liable for incidental or consequential damages. If Customer believes that the Work or any portion thereof is defective or unsatisfactory, Customer shall provide written notice to Wilsons Extra Landscaping, LLC within ten (10) days after the Work is completed, describing in detail why Customer believes the work is defective or otherwise unsatisfactory. If such notice is not timely provided, Customer shall be deemed to have accepted the Work and Wilsons Extra Landscaping, LLC will have no obligation to repair or replace the Work.
Ownership and Access. Customer warrants that she/he/it owns all trees, plant material and property upon which the Work is to be performed, and that
Wilsons Extra Landscaping, LLC can legally and adequately access the property to perform the Work. Prior to the commencement of the Work, Customer will provide Wilsons Extra Landscaping, LLC with all pertinent information as to the location of Customer’s property boundaries, which Wilsons Extra Landscaping, LLC may rely on to perform the Work. Wilsons Extra Landscaping, LLC shall not be liable for damages or costs resulting from errors or omissions made by Customer regarding ownership rights or property boundaries including, but not limited to, claims for common law or statutory trespass and/or nuisance, and Customer further agrees to indemnify and defend Wilsons Extra Landscaping, LLC from any claims arising from ownership or property rights which result from Customer’s errors or omissions.
Warranty. All supplies and materials, including plants, trees, shrubs and turf, are warranted by Wilsons Extra Landscaping, LLC from one year from completion of the Work unless otherwise specified. This warranty does not include the labor necessary to replace supplies and materials, including plants, trees, shrubs and turf. This warranty is void if the damage or loss is caused by the Customer, improper care, under watering, overwatering, improper trimming or pruning, accident or any other event outside of Wilsons Extra Landscaping, LLC control. This warranty shall not apply to hydromulch grass installations, and Customer is solely responsible for the care of the seed and grass once hydroseeding or hydromulching has been completed, including acts of God which may cause a complete loss of grass and/or grass seed.
Pesticides and Chemicals. The Work may include the use of pesticides and/or chemicals which when ingested, inhaled or absorbed can be harmful to humans and/or pets. Additional precautions may be necessary for pregnant women, infants, small children, senior citizens or persons taking prescription medications. Customer acknowledges these risks, agrees to notify Wilsons Extra Landscaping, LLC of any area where pesticides or chemicals should not be applied and further to avoid any area treated with pesticides and/or chemicals until the time period provided by Wilsons Extra Landscaping, LLC has elapsed. Customer agrees that Wilsons Extra Landscaping, LLC is not responsible for any unforeseen or abnormal reactions resulting from the use of pesticides and/or chemicals.
Copyright. Ownership and copyright for any drawings or specifications used for the Work belong to Wilsons Extra Landscaping, LLC and shall not be used by Customer for any other purpose other than for the Work performed by Wilsons Extra Landscaping, LLC.
Returns. Wilsons Extra Landscaping, LLC does not accept the return of plants, plant materials, soil, rock, brick or any other bulk materials following delivery, or irrigation parts, lights, wiring or other buried items once installed.
Termination by Wilsons Extra Landscaping, LLC. Wilsons Extra Landscaping, LLC may terminate this Agreement at any time with or without cause upon 15 days written notice to Customer.
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