Design/Build Terms and Conditions
The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluded in writing by the contractor (Brothers Landscape Services).
SCOPE OF WORK
The contractor shall carry out and complete landscape works described in the estimate document in a good and satisfactory manner. It shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in the specification shall prevail over the drawing.
The contract documents shall contain the estimate, the specification plans, and any other document referred to in the estimate. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by the contractor.
Only the estimated specification items are included, but all works are due for payment. All other requested works are excluded.
The client is responsible for obtaining any necessary planning permission for the works and fulfilling statutory requirements.
The contractor also reserves the right to increase the value of the contract due to changes in design or materials by the client after the execution of the contract, which may result in change order fees. See section on Change Orders.
Acceptance of the estimate involves accepting these terms and conditions of the contract documents. This represents a binding contract between the parties. It should be noted by the client that any attempt to cancel by the client will involve the client being liable for the cancellation fee and any loss or expenses incurred as a result at the discretion of the contractor. (Up to a maximum of 50% of the total estimate.)
The client accepts that they will pay the contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract.
All accounts are net and do not provide for any discounts or retentions, and payment by credit card is not accepted.
A deposit of 1/2 down will be required before the start date. Payment for the remainder will be due upon completion. The client will pay for any extra work or costs due to unknown difficulties or changes that are not within the estimate.
Larger contracts may be broken into payments by draw. The client and contractor will agree upon the frequency and amount.
Payments are immediately due on receipt of the invoice.
The contractor will only ask for the estimated price unless there are any unforeseeable difficulties or increased work. In either case, all work will be paid in full.
The client warrants the site to be free of underground problems, including pipes, cables, stumps, sewage drains, and waste materials. Where problems are discovered underground, the contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work.
The contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by improper use.
Any material, refuse, or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping.
The contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the contractor incur any liability to the client for any untimely performance.
The contractor shall not be held responsible for any delays caused by weather that make contract execution impossible.
Materials delivered to the site become the client's responsibility. The contractor accepts no responsibility for loss, damage, or expense after delivery of materials to the site for any reason.
Any material brought to or removed from the site, excess to the contractor’s requirements remains the possession of and removable by the contractor, who shall have the right to enter the site for that purpose.
MAINTENANCE AFTER COMPLETION
The contractor undertakes to execute the scope of this contract. However, the proper maintenance of the site passes to the client upon practical completion unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the contractor.
The contractor has no responsibility, or liability for structural considerations, the appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision unless agreed in writing before starting of contract. It is the agent's responsibility to bring these terms of business to the attention of the client.
Refer to Guarantees for specific items.
The contractor accepts no liability for any negligent act, omission, or default under this contract unless specifically agreed in writing.
Any structural or appearance of finished features is at the contractor's discretion unless agreed in writing by the client or agent before the start of work. Where a written specification for the appearance of a feature is provided to the contractor, it is the responsibility of the client or agent to request a small sample of this finished work prior to the start of that specific feature. The contractor is not liable for any works necessary due to such an omission. This applies to both client and agent.