Terms and Conditions

                                                       Terms and Conditions 

1. Specifications, Permits and Fees. The work described in this Proposal/Contract shall be done according to the Lawn Maintenance Service Plan Specifications, Landscape Plant Maintenance Service Plan Specifications, and Optional Services Specifications, as applicable, as set forth in the Exhibit(s) attached hereto and incorporated herein by reference, except in the case of conflict when the provisions of this contract shall have control over the specifications set forth in said Exhibit(s). All required permits or fees will be paid for by owner and obtained by Contractor. All other charges, taxes, assessments, fees, etc., of any kind required by any governmental body, telephone, utility company or the like shall be paid for by Owner. 

2. Property Lines. Owner is responsible to locate and inform Contractor of the location of all property lines. At Contractor’s discretion, Owner may be required to provide at Owner’s expense, a licensed surveyor’s map of the property showing property lines. 

3. Change Orders. Should Owner, lender, or any governmental body or inspector require any modification to the work covered under this Proposal/Contract, any cost incurred by Contractor shall be added to the contract price as extra work and Owner agrees to pay Contractor his usual and customary price for such extra work. All extra work as well as any other modifications to the original Proposal/Contract shall be specified and approved by both parties in a written change order. All change orders shall become a part of this Proposal/Contract and shall be incorporated herein. 

4. Delay. Contractor shall not be held responsible for any damage occasioned by delays resulting from: work done by Owner’s subcontractors, extra work, acts of Owner or Owner’s agent including failure of Owner to make timely progress payments or payments for extra work, shortages of material and/or labor, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by Contractor or beyond Contractor’s reasonable control. 

5. Cleanup & Advertising. Upon completion, and after collecting all debris and surplus material, wherever possible, Contractor will leave the property hardscape in a neat, blown clean condition. Owner grants Contractor the right to dispose of trash/debris generated from Contractor’s work on the property into Owner’s trash/garbage receptacles, otherwise, Owner agrees that Contractor may charge Owner a waste disposal fee, in addition to other fees set forth herein, to cover Contractor’s costs in removing same. Owner further grants Contractor the right to publish the project street address on a “references” list which may 

be given to prospective customers.Contractor and its advertising/marketing representatives retain the right to photograph the work they have performed for the purpose of their website and/or company marketing materials, without 

remuneration or reimbursement to the client. 

6. Unanticipated Conditions & Concealed Damage/Acts of God. Expense incurred because of unusual or unanticipated conditions shall be paid for by Owner at end of work (conditions such as, but not limited to, ground conditions that require fill, or unusually hard soil, rocky soil or the presence of ground water). Contractor will inform Owner of unanticipated condition(s) and concealed damage which is discovered during the course of work. Contractor shall not be responsible for any damages caused to the      

property and irrigation systems or work performed by the Contractor because of the elements, acts of God, acts of third parties, including the owner or occupant or any other damages resulting from actions beyond the Contractor’s control, to include act of terrorism or war. Contractor is not responsible to repair any such discovered deterioration or condition and any work done by Contractor to remedy such will only be done as extra work pursuant to a written change order. 

7. Authorization / Release For Delivery / Removal of Materials. Owner hereby authorizes Contractor, Subcontractors, Suppliers, Delivery Companies, and/or Waste Removal Companies to enter upon Owner’s property for the purpose of delivering or removing materials and/or waste from the subject property. Owner further acknowledges that due to the weight of equipment and/or materials, potential damage may occur to the driveway and/or surfaces the equipment or materials are driven or placed upon during the project. Accordingly, Owner does hereby release and hold harmless Contractor, Subcontractors, Suppliers, Delivery Companies, and/or Waste Removal Companies or any other company delivering or removing equipment, materials, or waste from any and all damage which may occur to the driveway and/or any other surfaces on the property. 

8. Insurance. Contractor will maintain comprehensive general liability insurance insuring Contractor’s liability for bodily injury, death, and property damage. Contractor will also maintain worker’s compensation insurance on its employees, and require its subcontractors to similarly provide said insurance. Proof of insurance shall be provided to Owner upon request. 

9. Collection/Legal Fees. Owner agrees to pay all collection fees and charges including but not limited to all legal and attorney fees that result should Owner default in payment of this Proposal/Contract, or otherwise be in default according to the terms contained herein. 

10. Time of The Essence. Owner and Contractor agree that time is of the essence to this Proposal/Contract.
11. Entire Agreement. The Proposal/Contract, and all exhibits and attachments, if any, contains the entire agreement of the parties and shall be binding and apply to the heirs, assigns, successors, executors, and administrators of the parties hereto. 

12. Unused Material. All unused material shall remain the property of the Contractor, who shall retain full title, ownership and right of possession of and to said materials.
13. Cancellation. This agreement may be cancelled either before or after commencement of the work by either party by giving thirty (30) days written notice to the other. In the event of such cancellation, Owner agrees to pay any outstanding balance owed to Contractor, and to reimburse Contractor for the cost of all materials purchased and/or ordered specifically for the job, at the delivered cost of the job. Further, Owner agrees to reimburse Contractor for any restocking or return charges incurred by Contractor in returning unused materials to any of Contractor’s suppliers or material men. 

14. Necessity of Signature. The Proposal/Contract is binding when the Owner’s signature(s) are affixed hereto, and the Proposal/Contract is similarly signed by any of Merrill Services, Inc.’s officers, employees, or agents. 

15. Acknowledgement of Receipt of Proposal/Contract. 

Owner agrees that he has read the Proposal/Contract, fully understands its provisions and had been given an exact and fully completed copy of the contract prior to signing.