Description of Service(s) Offered and/or Provided as Noted on Page 1 of Agreement:
Pesticide Treatment(s) of Lawns, Bushes, and Other Areas: To be applied and billed at the rate of $45 per gallon (with a one (1) gal. minimum) of pesticide used. A sign will be placed in the front area of the lawn advising people and pets to “keep off” the treated areas for 24-48 hours. The sign is required by law and can only be removed by the customer. Customers are informed to keep off the treated areas until completely dry.
Healthy Plant, Tree, and Shrub Program (Plant Fertilization):
Annual service agreement includes eight (8) treatments per year over a twelve (12) month period, of designated plants, trees, and shrubs consisting of: two (2) horticultural oil treatments, three (3) root zone develop treatments, and three (3) pesticide application treatments.
Designated Plants, Trees, and Shrubs: A list of the number and types of plants to be treated will be provided to the Customer with their Service Agreement. Only plants listed on the “Designated Plant” list will be treated. If the number of plants change, a new estimate/Service Agreement may be prepared by the Company for the Customer.
Weed Spraying/Chemical Spray of Non-Lawn Areas"
Annual service agreement includes 6 treatments/services per year or 12 month period of designated area(s) only. Service(s) consist of spraying of selective and non-selective herbicides. Rates for service(s) are as follows: Selective herbicide - $45 per gallon (used when plants or shrubs are located within the treatment areas.
Non-selective herbicides (Commonly Referred to as "Round-Up") - $25 per gallon used (used when plants or shrubs are not located in treatment areas. (Using non-selective herbicide around ornamental plants could result in damage which is why specifically designed selective herbicides must be used where ornamental plants are present).
* There is a one (1) gallon minimum for each service/spraying.
Pine Straw Installation Service:
Pine straw is billed at a rate of $5.95 per bale (for standard installation ) for regular/slash pine straw and $6.95 per bale for long needle pine straw installation The standard rate of $5.95 per bale does not include areas to be covered that may have steep slopes, poor erosion, not easily accessible, etc. An estimate must be provided to the Customer by the Company to determine the final charge per bale. The number of bales required will be based upon the number of square feet of area(s) to be covered. A properly installed bale of pine straw should cover forty (40) SF of area. Delivery, installation, and clean-up is included in all of the Company’s pine straw installations.
Types of Pine Straw:
Regular Pine Straw -The rate of $5.95 per bale is for basic, standard installation and is for regular/slash type pine straw.
Long Needle Pine Straw is a seasonal product and is subject to availability. Long needle pine straw is applied at $6.95 per bale.
* If the Customer desires for long needle pine straw to be used in their application, it must be documented, in writing, prior to obtaining final estimate. If no indication is made, expressly requesting long needle pine straw, it shall be assumed that regular pine straw is desired for the application.
Mulch / Pine Nugget Installation Service:
Mulch Installation: Is provided by the cubic yard and the amount of material is based upon the number of square feet of area(s) to be covered. Mulch is applied at a thickness of approximately 3” in depth. The rate per cubic yard of regular, wood based mulch is $65 per cubic yard. The rate of $65 per cubic yard includes delivery, installation, and clean-up. The Company’s rate does not include any preparation work including but not limited to: removal of existing ground coverings, installation of weed prevent material, removal of weeds, etc. (a separate estimate will be provided by the Company to the Customer in the event such services are desired with the installation).
Other Types of Mulch: A variety of mulch types exist such as: “kid safe” mulch, rubber mulch, etc. A separate estimate is required for these types of installation services.
Pine Bark Nugget Installation: Is provided by the cubic yard and the amount of material is based upon the number of square feet of area(s) to be covered. Pine bark is applied at a thickness of approximately 1-2” in depth. The rate per cubic yard of pine bark nuggets is $75 per cubic yard. The rate of $75 per cubic yard includes delivery, installation, and clean-up. The Company’s rate does not include any preparation work including but not limited to: removal of existing ground coverings, installation of weed prevent material, removal of weeds, etc. (a separate estimate will be provided by the Company to the Customer in the event such services are desired with the installation).
Bush, Plant, Tree, and Shrub Trimming:
Bush, plant, tree, and shrub trimming is invoiced at an hourly rate. The hourly rate is $65 per hour for one man and $85 per hour for two men. Time starts upon arrival and stops upon departure. Rates include trimming and clean-up. If Customer request additional trimming of a bush, plant, tree, or shrub (after a trimming service has been provided), the Company will be more than happy to provide such service to be billed at the hourly rate for bush trimming noted above.
Special requests by the Customer: any special trimming request must be made, in writing, at least 24 hours prior to service being performed.
Trimming Clean-Up: Every effort is made to clean-up trimming debris, however some debris may be visible/remain upon completion such as: leaves, small stems, etc.
Rates: $6 per gallon of the plant size to be installed plus the cost of the plant(s). Installation includes hole preparation, delivery, fertilizer and/or soil conditioner, any necessary staking of the plants, and general clean-up.
Plant/tree warranty: The Company provides a 30 day guarantee (from the date of installation) for all of our installations.
Payment Terms: One half (1/2) of the estimate amount is due prior to installation being scheduled and the remaining balance is due upon completion/invoice date.
Core Aeration Service:
Aeration Rates: Aeration rates are calculated by the square footage of area(s) to be aerated. The rate for core aeration is $75 for the first 5000 SF of lawn area(s) and $35 for each additional 5000 SF of lawn area(s) to be serviced. The base rate for aeration does not include factors such as steep slopes, poor erosion, improper grading, and/ or other geographical issues. An estimate must be provided prior to base rate for aeration to be applicable.
Areas Serviced: All areas of the lawn, that permit access/operation of the aerator utilized by the Company, will be aerated. However, the Company is not liable to perform aeration in areas that do allow access/operation of the aerator such as: gates that are too narrow for the equipment to pass, areas between streets and sidewalks that are too narrow for the aerator to operate, etc.
Fungicide treatments are calculated by the square footage of area(s) to be treated. The rate for granular Heritage G treatments is $115 per 5000 SF of lawn area(s) to be treated.
Application Frequency: To eradicate a fungus from a lawn, fungus’ will have to be treated every 14-28 day’s until the fungus is completely eradicated from the lawn or the fungus will reappear.
Leaf Blowing/Bagging/Removal Service:
Leaf Blowing: Leaves are blown to a designated area on the Customer’s property – invoiced at a rate of $65 per hour for one (1) man and $85 per hour for two (2) men.
Leaf Bagging: Leaves are compiled, bagged, and left for the Customer to dispose of properly – invoiced at a rate of $75 per hour for one (1) man and $95 per hour for two (2) men.
Leaf Bagging and Removal: Leaves are compiled, bagged, removed from the property, and disposed of by the Company – invoiced at a rate of $85 per hour for one (1) man and $95 per hour for two (2) men.
*Hourly rates begin upon arrival to the property and stop upon departure from the property. Bags are provided/included in the rate for bagging.
Servicing Day's / Times: Servicing times are 7:00am - 7:00pm Monday-Saturday. Due to weather and other factors, we cannot guarantee specific days or times for your service (although we will do our best to accommodate your needs).
Call Ahead Service for Locked Gates, Pets, Etc.: Call ahead service is available for $3 per service. An email notification will be sent to you, by 9pm, the business day prior to service. The charge for call ahead service will be added to your rate/monthly invoice.
Perils/Hazards/Unserviceable Areas: Areas that are deemed to be hazards (excessive/ improper erosion, improper grading, steep slopes, etc.) may be deemed as 'unserviceable '. It is the responsibility of the Customer to resolve such problem areas prior to these areas being serviced by the Company.
Damages: The Company is not responsible for any damage(s) that may results from poor erosion control, improper grading, and / or improperly installed items such as: lighting, termite bait systems, irrigation caps/systems, wiring, etc. that may be in or around the lawn areas and become damaged during a service. However, the Company does cover 100% of any damages that may result from our negligence, for any and all items “properly” installed. For example: the Company would not be liable for a sprinkler head that was damaged that did not operate properly, damage done to a termite bait systems that were not installed at or below ground level, or running over a sprinkler cap that was not in the 'lock' position resulting in damage.
In addition, we are not responsible for any damages for any items deemed as 'not easily identifiable' such as jewelry, plants, toys, etc. that may be present in the lawn areas and not easily visible to the Company.
Additional Charges: Additional charges will be incurred for excessive trash, toy, and other debris pick-up or replacement. These charges will be calculated upon a base rate of $65 per hour and will be charged by the number of minutes it takes to prepare the lawn for servicing. Note: “Excessive” is defined by requiring more than 5 minutes of labor time to clear the area(s) for servicing.
Unscheduled Consultation Fee(s): The Company operates on extremely tight, rigid schedules and we have other appointments throughout the day. As a result, unscheduled consultation fees will be billed at an hourly rate of $65 per hour and will be based upon the number of minutes the consultation takes. Free consultation is available via our email and with scheduled consultation appointments.
Changes to Property: Any changes made to the Customer’s property, during the course of our agreement, are subject to additional charges / rates. These changes can include but are not limited to: fences, trees, pools, trampolines, playgrounds, animals, lighting systems, adding additional square foot of lawn areas, etc. In the event changes occur, a revised proposal may be prepared for your consideration.
Change(s) of Service Notification / Termination: Service(s) may be changed /cancelled at any time, for any reason, by either party.
Fuel Surcharges: In the event that local, unleaded, fuel prices exceed $3.75 per gallon, rates will be subject to a fuel surcharge. Any fuel surcharge will be noted on your monthly invoice, as a percentage, directly proportionate to the percentage increase in fuel prices above $3.75 per gallon (typically less than $1 per service).
PAYMENT AND INVOICING TERMS
Payment for Services: The Company will be paid as follows:
Payments are due, in full, upon receipt date of the invoice. Accounts not paid within 30 days from the date of invoice are subject to a 5% monthly finance charge or maximum amount allowable by law. Accounts with outstanding balances over 30 days from the date of invoicing will be suspended. A suspended account may be reactivated with a $25 reactivation fee and full payment of all outstanding balances. In addition, suspended accounts will be required to pay for services a month in advance in order for services to be continued by the Company. Payments may be made with either check or cash.
Invoices will be submitted monthly (at the end of each monthly) by the Company for payment by the Customer. Payment is due upon receipt and is past due thirty (30) business days from receipt of invoice.
If Customer has any valid reason for disputing any portion of an invoice, Customer will so notify the Company within fourteen (14) calendar days of receipt of invoice by Customer, and if no such notification is given, the invoice will be deemed valid. The portion of the Company's invoice which is not in dispute shall be paid in accordance with the procedures set forth herein.
Independent Contractor: The Company is an independent contractor of Customer. The Company is licensed, certified, and insured (liability) to provide the service(s) it provides.
Disputes: The Company and Customer recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. Both parties are encouraged to be imaginative in designing mechanism and procedures to resolve disputes at this level. Such efforts shall include the referral of any remaining issues in dispute to higher authority within each participating party's organization for resolution. Failing resolution of conflicts at the organizational level, the Company and Customer agree that any remaining conflicts arising out of or relating to this Contract shall be submitted to nonbinding mediation unless the Company and Customer mutually agree otherwise. If the dispute is not resolved through non-binding mediation, then the parties may take other appropriate action subject to the other terms of this Agreement.
Representations: Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be executed (by original or telecopied signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument.
Entire Agreement; Survival: This Agreement, including any Exhibits, states the entire Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings, representations, warranties, agreements or contracts (whether oral or written) between Customer and the Company respecting the subject matter hereof. This Agreement may only be amended by an agreement in writing executed by the parties hereto.
Use By Third Parties: Work performed by the Company pursuant to this Agreement are only for the purpose intended and may be misleading if used in another context. Customer agrees not to use any documents produced under this Agreement for anything other than the intended purpose without the Company's written permission. This Agreement shall, therefore, not create any rights or benefits to parties other than to Customer and the Company.
* Customers are asked to sign page 1 of the "Service Agreement". By signing page 1 of the "Service Agreement", the Customer acknowledges that they have read an understand the "D.O.S.T" for their services offered by the Company and hereby agree to the terms set forth in the Service Agreement.