By subscribing to SD Pure Organic’s Outdoor Home Improvement your agree to the
LANDSCAPE MAINTENANCE AGREEMENT
(Routine maintenance of lawns, shrubs, trees, and gardens.)
This Landscape Maintenance Agreement is between SD Pure Organic’s Outdoor Home Improvement and Property Owner.
Landscape Maintenance Provider shall perform the landscaping and gardening work specified herein at the property.
DESCRIPTION OF WORK TO BE PERFORMED: Landscape Maintenance Provider shall furnish all labor, equipment, supervision and tools necessary to maintain landscaped areas in accordance with Exhibit A, which is incorporated into and made a part of this Agreement. This is a maintenance agreement only. Should any construction work be necessary, and shouldc the Property Owner desire Landscape Management Provider to perform such work, Contractors’ License Law in California requires a separate agreement for that work.
TERM: The term of this Agreement is each month from the date of execution of this Agreement. This Agreement shall automatically renew month to month for another equal term unless notice of the Property Owner’s intent not to renew is given to the Landscape Maintenance Provider at least seventy-two (72) hours prior to services being rendered of the term or subsequent extended term.
MODIFICATION AND ADDITIONS: Should the Property Owner direct any modification or addition to the work or materials covered by this Agreement, the price shall be adjusted accordingly. Modification or addition to the work or materials provided shall be executed only when an Additional Work Authorization has been permitted by both the Property Owner & SD Pure Organic’s Outdoor Home Improvement. The change in the price caused by such Additional Work Authorization shall be as agreed to in writing, or if the parties are not in agreement as to the change in price, Landscape Maintenance Provider’s actual cost of all labor, equipment, and materials, plus 20% for its overhead and 20% for profit shall be the change in price. The Additional Work Authorization may also increase the time within which the work is to be completed.
TERMS AND CONDITIONS: The attached TERMS AND CONDITIONS are expressly incorporated into this Agreement.
TERMS AND CONDITIONS
1. CHANGES IN THE WORK: Landscape Maintenance Provider shall promptly notify the Property Owner of: (a) latent physical conditions at the site differing materially from those indicated in this Agreement, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. Any expenses incurred due to such conditions shall be paid for by the Property Owner as added work.
Notwithstanding the foregoing, should site conditions be such that the Agreement cannot be performed for then price, then the price shall be adjusted by mutual agreement of the parties, and if the parties cannot reach an agreement on the adjusted contract price, then this Agreement may be rescinded by either party with no further liability to the other for said
rescission. However, any obligation of money due to SD Pure Organic’s Outdoor Home Improvement at the time of rescission shall survive the recession.
No extra or change order work shall be required to be performed without prior written authorization of the person for the landscape maintenance. Any Additional Work Authorization for changes or extra work shall be incorporated in and become a part of this Agreement. However, in the event that the building department or other governmental body requires a change or modification, then SD Pure Organic’s Outdoor Home Improvement may make that change prior to receiving written authorization and thereafter negotiate the effect of that change with the Property Owner.
Payment for extra work will be made at the time the next monthly payment is due.
2. PROPERTY OWNER’S RESPONSIBILITIES:
Property Owner Is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. Electricity and water to the site are necessary. Property Owner agrees to allow and provide SD Pure Organic’s Outdoor Home Improvement and its equipment access to the Property. The Property Owner is responsible for having sufficient funds to comply with this Agreement. The Property Owner shall be responsible to remove or protect any personal property located on the Property, and SD Pure Organic’s Outdoor Home Improvement shall not be liable for damage, unless caused by its active negligence or willful misconduct. Such property may include furniture, toys, play equipment, low voltage equipment and lighting, and other exterior improvements.
Property Owner will point out and warrant the property lines to SD Pure Organic’s Outdoor Home Improvement.
3. DELAYS: SD Pure Organic’s Outdoor Home Improvement agrees to diligently work pursuant to the agreed schedule for the Work. However, SD Pure Organic’s Outdoor Home Improvement shall be entitled to its full monthly payment pursuant to this Agreement, even if maintenance work is not fully performed, for reasons beyond the control of theSD Pure Organic’s Outdoor Home Improvement, including but not limited to: acts of neglect or omission of Property Owner or Property Owners employees or agents, acts of God, stormy or inclement weather, strikes, lockouts, boycotts or other labor union activities, extra work ordered by the Contracting Party, acts of public enemy, riots or civil commotion, inability to secure material through regular channels, imposition of Government priority or allocation of materials, failure of Property Owner to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, for acts of independent contractors, or holidays, or other causes beyond SD Pure Organic’s Outdoor Home Improvement control.
4. LABOR AND MATERIAL: SD Pure Organic’s Outdoor Home Improvement is not responsible to Provide what is not already described in the subscription.The Property Owner shall pay all valid charges for material it incurs and uses pursuant to this Agreement. However, when the price for any materials to be used pursuant to this Agreement increases fifteen percent (15%) of more between execution of the Agreement and materials purchase, Property Owner shall pay to SD Pure Organic’s Outdoor Home Improvement, on request, all sums by which the cost for any materials has increased beyond 15%.
5. PAYMENT: Payment will be past due if not paid within five (3) days of the date specified in this Agreement. Past due payments will be terminated Immediately and will be charged a renewal fee.
6. RIGHT TO STOP WORK: SD Pure Organic’s Outdoor Home Improvement shall have the right to stop work under this Agreement if any payment by
the Property Owner is not made, when due. SD Pure Organic’s Outdoor Home Improvement may suspend the Work until all payments due are received. This remedy is in addition to any other right or remedy that SD Pure Organic’s Outdoor Home Improvement may have.
7. FORCE MAJEURE: Except with respect to payment obligations under this Agreement, no Party shall be liable for, nor shall such Party be considered in breach of this Agreement, due to any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including but not limited to any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of communications, power or other utility, labor problem, unavailability of supplies, epidemic, pandemic or other public health situation or resulting government action which restrains the ability of Contractor to commence, continue or complete performance of the Agreement. On reasonable notice, the time for performance shall be extended by the reasonable period of such delay. If the Project is delayed for more than sixty (60) continuous or intermittent days from the same Force Majeure cause, either Contractor or Contracting Party has the discretion to terminate the subscription without liability. Contractor shall be entitled to payment for work per-formed and materials supplied to the work site to the date of termination and for materials ordered if the order cannot reasonably be rescinded.
8. CLEAN-UP: SD Pure Organic’s Outdoor Home Improvement shall remove from the Property all debris and clippings created by its operations and leave the Property in a neat and “broom-clean” condition. Notwithstanding the foregoing, should SD Pure Organic’s Outdoor Home Improvement be unable to clean debris by usual and customary means, such as by blower or water, for any reason, including but not limited to any local or emergency ordinance, then SD Pure Organic’s Outdoor Home Improvement shall only be required to use its best efforts to leave the Property in a neat and clean condition.
9. COMPLIANCE WITH LAWS: In connection with the performance by SD Pure Organic’s Outdoor Home Improvement of its duties pursuant to this Agreement, Contracting Party shall obtain and pay for all permits and comply with all federal, state, county and local laws, ordinances and regulations.
10. ATTORNEY FEES: In the event that there is any legal proceeding arising out of this Agreement, the prevailing party shall be entitled to have its reasonable attorney fees and costs paid by the other party.
11. CLAIMS–LIMITATIONS: No legal proceeding of any kind arising from or related to this Agreement or the performance thereof, shall be commenced by either party against the other more than two years after completion or cessation of work under this Agreement. Any damages for which SD Pure Organic’s Outdoor Home Improvement may be liable to the Property Owner shall not, in any event, exceed the total price of this Agreement.
12. VALIDITY: In case one or more of the provisions of this Agreement or any application thereof shall be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions and any other application shall not in any way be impaired thereby.
13. LIMITED WARRANTY: SD Pure Organic’s Outdoor Home Improvement warrants that all work will be performed in a good and workmanlike manner. There are no warranties either expressed or implied except those specifically set forth in this Agreement, and there are absolutely no guarantees relating to continued life or growth of plant material beyond the period necessary for initial planting shock, but not to exceed ninety (90) days, unless otherwise stated herein.
Any warranty or guarantee is only effective if Property Owner has complied with all the terms and conditions, payments, and other provisions of this Agreement.
Property Owner is responsible for any damages to plants or otherwise, caused by either over- or underwatering, when that over- or underwatering is done through Property Owners-handled manual irrigation or hand watering, or when there is an interruption in the service of an automatic sprinkler system, or over- or under-fertilization, when Property Owner handles or directs the fertilization, or where plants and other landscaping are damaged by pests or diseases.
SD Pure Organic’s Outdoor Home Improvement shall also not be responsible for any damage caused by inclement weather, run-off, drainage problems, or any other cause of overwatering.