All clients serviced by Lawnworks, LLC, the involved parties, acknowledge and agree that all such contracts, service agreements, weekly services shall be bound by and subject to the guidelines set forth in the terms and conditions listed below. The terms and conditions shall govern the rights, responsibilities and obligations of all parties involved, and any deviations from these guidelines require explicit written consent from Lawnworks, LLC. The terms and conditions listed below supersede any terms and conditions listed within written service agreements/contracts and can/may be used in conjunction. Authorized signatures on contracts or submittal of payment(s) indicate that involved parties have read to and agree upon the terms and conditions listed following:
SCHEDULING:
Office hours are 7:00 a.m. to 6:00 p.m. Monday through Friday.
We run a 7 days rotation, meaning our crews are in the same area of town on the same day of the week, every week. If you call the day of service and the crew(s) have already passed your area, they cannot back track to get it done. It will be done the next week.
Due to the nature of our work we are not able to provide one time services when it comes to mowing/turf maintenance.
If you are quoted a price for every 7 days (weekly) and you choose to do a 14 day rotation (bi-weekly), there will be an extra charge to cover the extra time and work as necessary.
If we have heavy rains during the week, our schedules will run ½ to 1 day behind. The crews continue to work until all possible yards are done. (We do NOT work on Sunday except for emergencies and snow plowing/salting). Those that are not done will be rescheduled for your regular day the following week.
If after a heavy rain, you think that your yard is too wet to cut, please notify the office. This is a decision that the crew will not always make to your satisfaction. The same is true of drought conditions. We have tried making these determinations and have found that not everyone sees these conditions in the same way.
SCOPE OF WORK:
The scope of work for contracted and service agreement clients will be spelled out in the signed "Service Agreement / Lawn care/Landscaping Contract". Any items not specifically listed within the scope of work, weekly services, quarterly services, annual services, etc. will be considered extra work and additional fees may be incurred by the client.
EXTRA WORK:
Our regular service consists of Mowing, Edging/Trimming & Blowing off hardscapes. We mulch/discharge all grass when possible. Grass cannot be mulched/discharged when it is very long or has heavy leaf debris. We do not bag grass unless requested in writing then it is an extra charge to the customer. If the customer does not have a place to leave grass clippings that are requested to be bagged that is another additional charge for clipping removal.
Debris from work not done by Lawnworks, LLC will be picked up and there will be an extra charge, i.e. tree/shrub trimmings, flower bed debris, raked leaves left in a pile, etc. If trimming, raking, de-weeding is done by us, we remove the debris.
If there is seasonal debris or debris from weather, i.e. heavy leaf fall or downed limbs there is an extra charge for cleaning it up and/or removal.
If you request extra work by the crew, they will charge extra for the service. Our regular services are listed above.
Contracted and Service Agreement clients have precedence over "week to week" clients. All work agreed to within the contracted service agreements will be completed first before any add-on/extra work will commence. If a contracted/service agreement client requests extra work beyond the written scope of the service agreement, extra fees/pricing may be incurred.
PAYMENTS/COLLECTIONS:
Payment in full for invoices upon receipt (unless terms have been arranged with management).
All accounts over 30 days will begin accruing a $25.00 per month late charge fee.
All accounts over 30 days receive a statement letter. If there is no response, the account is continued delinquent to 45 days, service(s) will be discontinued. We will not resume the property until the full amount is paid. When service is restored, we will require a check at the time of each service or advance payment. We do accept all major credit cards.
If you service is stopped for non or late payment, when service is resumed there will be an extra charge to get your lawn back in maintenance condition where necessary.
If payment is not received within 60 days, a mechanical lien will be placed on the property.
Clients will be responsible for all incurred fees related to collecting past due accounts this may include but not limited to attorney fees and collecting agency fees.
RESPONSIBILITY/LIABILITY:
Lawnworks, LLC will not take responsibility for any exposed wires, cables, electrical cables, phone, television, satellite, Internet, utility etc. that are not installed properly and are cut or damaged by our equipment. All underground utility cables should be contained within the utilities respective pedestal(s) and all wire(s) should be buried per state/utility/local/government code(s).
Lawnworks, LLC is not responsible for foreign matter left on the lawn, i.e. toys, hoses, paper, etc.
Lawnworks, LLC will not move items in lawns such as but not limited to (trampolines, bounce houses, tents, etc...) those items will be trimmed around but will not be moved due to the risk of affecting but not limited to the items stability, integrity, etc.
Lawnworks, LLC is not responsible for containing pets on your property. Our crews will make every effort to make sure gates are closed but will not assume responsibility for your pets. Also, if there is a dog in the backyard on the scheduled service day and our crew feels threatened by the pet we will not mow the backyard.
Lawnworks, LLC will not be held liable for any damages caused to vehicles parked too close to the grass during trimming or mowing activities. Individuals parking their vehicles in the vicinity of mowing or trimming areas are responsible for ensuring a safe distance from the work zone to prevent any accidental damage. While Lawnworks, LLC makes reasonable efforts to avoid hitting vehicles with mowing and trimming equipment, it should be recognized that accidents can occur and individuals who park their vehicles near mowing areas do so at their own risk.
When our crew(s) arrives at your property, please make sure all children and pets are inside so they are not exposed to any debris that may be thrown from the equipment.
PAYMENT TERMS:
50% down and the balance is due and payable when last listed specified labor, plant and/or material is installed.
Payment in full for invoices is due upon receipt, unless other terms have been arranged in writing with management.
Payments not received within 60 days will result in a mechanical lien being placed on the property.
Clients will be responsible for all incurred fees related to collecting past due accounts, including attorney fees and collecting agency fees.
INCIDENT REPORTING:
Customers are encouraged to report any incidents, damages, or concerns promptly. Please contact via telephone, email or text for such communications. Please be aware that telephone calls may be recorded for quality assurance purposes.
RIGHT TO REFUSE SERVICE:
Lawnworks, LLC reserves the right to refuse service to anyone who violates the terms and conditions, engages in abusive behavior, or poses a threat to the safety of the crew.
INDEMNIFICATION:
By using our services customers agree to indemnify and hold Lawnworks, LLC harmless from any claims, losses, or liabilities arising from their use of services provided through Lawnworks, LLC.
CHANGE ORDERS AND CONTINGENCIES:
If any changes are requested by the client during installation, such as an increase in plants or other materials, or for extra work to be done, not so described in the proposal or indicated on the submitted landscape plans, a line item charge will be added to the amount so described in the proposal which is fair and customary for such requested work. Any and all deviations from the above specifications involving extra costs will be executed only upon written order which will create an extra charge over and above the proposal. All elements of the agreement are contingent upon strikes, accidents, or delays beyond our control. The proposal does not include materials which may be required should unforeseen problems arise after the work has started.
PLANT AND WORKMANSHIP GUARANTEES:
Lawnworks, LLC. shall guarantee that all plant materials shall be delivered and installed in a healthy condition, being 100% free of any form of pest infestations or fungi/bacterial infections. Should any plant(s) become unsightly or perish due to complications from any said problems, within 45 days of installation, (seasonal flower or sod guaranteed for 30 days) such plants shall be immediately replaced (subject to availability) with no cost of plant or labor being charged to the owner. However, if we are removing and transplanting some of your existing plants, please be advised; their survival depends on the size, age and viability of the plant. There is no guarantee on transplanted plants. For warranty to be valid, invoice must be paid according to specified terms and our care and watering instructions must be followed. Acts of God (i.e. lighting, storm, drought, freeze, etc.) or damage due to accidents (i.e. kids, dogs, pet urine, etc.) or vandalism are not covered by this warranty. Warranty void if plants are moved.
DISPUTE RESOLUTION:
Any disputes or complaints shall be resolved through mediation or arbitration, as mutually agreed upon by the parties, to avoid lengthy and costly legal proceedings.
INTELLECTUAL PROPERTY:
Any intellectual property, including logos, designs, or content provided by Lawnworks, LLC, remains the property of the company and cannot be used without prior written consent.
INSURANCE:
While Lawnworks, LLC carries applicable insurance coverage, customers are responsible for maintaining adequate property and liability insurance to protect their interest.
NOTICES AND COMMUNICATION:
Customers agree to use the designated communication channels provided by Lawnworks, LLC for any important notices or updates.
HOA clients agree and recognize that there shall be one point of contact who is authorized to communicate with Lawnworks, LLC. Lawnworks, LLC will not acknowledge any communication, instruction or request that is not presented from the authorized point of contact (POC).
HOA clients agree that they will make known to homeowners, renters, residence, contractors, guests, etc. portions of the terms and conditions of Lawnworks, LLC that is applicable to each individual/family/household/unit/dwelling.
RENEWALS/CANCELLATIONS:
Our services continue year to year, season to season unless notification is giving in writing. Any changes in fees or pricing will be notified in writing before commencement of a new season.
Parties may cancel written service agreements by notifying the other party in writing with a minimum 30 day notice. Said cancellation shall become effective 30 (THIRTY) days from the date of notification. All outstanding invoices, pending charges and other fees shall be due with payment in full at the end of 30 (THIRTY) days. In the event that services/materials that are payable over the course of a 12 month contract have been completed before the end of the contract date those services/materials must be paid in full upon contract cancellation. I.E. installation of mulch and labor that is completed early in the spring and is paid throughout the duration of a contract/service agreement.
ADDITIONAL DISCLAIMER(S): Lawnworks, LLC. will not be held responsible for any damage to invisible fence(s), irrigation systems, television cables, POTS wiring, fiber optic cabling, HVAC thermostat wiring, HVAC line set tubing or electrical lines to lamp posts, outdoor lighting, etc. due to improper installation and or burial. Fees to repair any damage will be responsibility of the customer. These lines can be marked by the contractor who installed them. The customer is responsible for the fee and contacting the contractor. The cost of relocating lines will be responsibility of the customer.