This is an agreement between the client and Tru Landscape Advisor ("TLA"). Under the terms set forth below, Customer agrees to purchase the services of TLA in preparing and constructing the landscaping and/or brick paving and/or retaining wall design as set forth in the Project Description, and TLA agrees to render such services. As consideration, Customer agrees to pay TLA the amount shown as "Total" in the Project Description ("Contract Price") in exchange for performing the services described in the Contract Description. The parties further agree as follows.
TLA accepts deposits up to 50% of the Contract Price, however 30% of the Contract Price is considered a non-refundable deposit. Customer will pay TLA 50% of the Contract Price upon acceptance of the Proposal. TLA will invoice Customer for the remaining 50% when work is complete, as determined by TLA. The invoice shall be paid by Customer within 5 days of the invoice date. If the total balance is not received by TLA by the end of the 5-day period, interest will be paid on that balance by Customer at a rate of 1.5% per month. Failure by Customer to pay the remaining balance within 30 days will constitute breach of this agreement. Upon breach of this agreement, Customer agrees to pay all costs of collecting any remaining balances, including attorney's fees. No warranties will be issued until full payment is received.
TLA warrants that brick paving or retaining wall material used in this contract will be free from defects and the installation will be functional for a period of two (2) years from the date of completion of the Contract, provided the installation was used as was intended when the Contract was designed and was not misused. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer's expense. Any repairs made to any installation by any party other than TLA voids any warranties offered by TLA.
TLA will offer one-time only replacement of any tree, shrub, evergreen or woody vine that has died within one (30) days from the date of installation provided the plant has been cared for as instructed, and not misused. TLA will not replace plants killed by animals, rodents, insects, mechanical damage, neglect, natural disasters or other reasons over which TLA has no control. This warranty does not cover annuals, small perennials, ground covers, wildflowers, seeds, bulbs, roses and non-winter hardy plants. An additional labor charge for plant removal and re-installation will apply. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer's expense. Any repairs made to any installation by any party other than TLA voids any warranties offered by TLA.
TLA installs SOD and GRASS SEED according to common industry practices, using quality grass seed, and fresh SOD applied at a rate of at least that of the manufacturer's recommendation. It is the responsibility of the Customer to ensure that rough grades have been established according to municipal drainage plans and within 2" of finished grade. Once seeded, TLA has no control over weather, watering or other cultural practices of Customer. Therefore, TLA cannot guarantee the germination rate of seed, or general success of the seeding. Repairs done on a seeding project are done at the expense of Customer. TLA also cannot accept responsibility for settling due to new construction, utility lines or any other excavations not performed by or supervised by TLA.
TLA will make reasonable efforts to complete the Contract as designed. Circumstances may arise beyond the control of TLA that may prevent construction of the Contract exactly as planned. TLA will make reasonable efforts to minimize this impact on the design and construction. Customer acknowledges this possibility and accepts the action TLA will take to minimize the potential change in design. If Customer wishes to change any part of the installation after this agreement is signed, but prior to commencement of installation, which results in additional material or labor costs for TLA or results in delays in the completion of the Contract, said costs will be added to the remaining balance of the Contract and billed as part of the original Contract. Any changes in the design or Contract, whether the changes result in additional time, cost, or neither, must be made in writing and signed by both parties, using a Change Order Form. Each change made by Customer during installation will result in a $100 charge, in addition to any additional charges for materials or labor that are incurred by TLA as a result of the change. The $100 charge will apply regardless of the impact of the change on labor or material costs.
Customer is responsible for securing all necessary permits. Unless specified in writing, TLA is not responsible for code violation made at Customer request.
An estimate of the number of days to complete the contracted work and an expected start date are provided as a courtesy. There may be delays in the beginning date and completion date due to poor weather or other circumstances beyond the control of TLA. Those delays will not alter or invalidate any part of this Contract, nor will they entitle Customer to additional rights under the Contract.
This agreement may be canceled by Customer by mailing written notice to TLA before midnight the third business day after Customer has signed this agreement. If after that time Customer wishes to terminate this Contract, Customer must give TLA five (5) days advance written notice TLA will retain any monies paid by Customer up to the effective date of termination, and is entitled to any expenses for materials or other expenses incurred by TLA.
AS REQUIRED BY THE STATE OF NORTH CAROLINA CONSTRUCTION LIEN LAW, BUILDER HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED BUILDER, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
The failure of TLA to enforce any right accruing under this agreement shall not be construed as a waiver of a subsequent right of TLA to enforce the same or any other right, term or condition. This agreement shall be interpreted and enforced in accordance with the laws of the State of NORTH CAROLINA.