Terms and Conditions

Upon your signing of the Proposal (with or without any deposit paid), the Proposal, together with the below Terms & Conditions, form a binding Contract (“Agreement”) between the parties.

1. SERVICES AND SCOPE OF WORK. The Scope of Work is as defined within the Proposal and includes any drawings, plans, specifications and/or other documents appurtenant thereto. G&G Landscape Solutions (“Company”) shall carry out the services necessary to complete the Scope of Work as described in the Proposal in a good and workmanlike manner and shall have no obligation to execute any further services. Any changes to the Scope of Work must be mutually agreed upon in writing prior to the work being completed. Additional services or modifications may result in additional costs, documented in a change order. If there is any discrepancy between the Proposal, drawings, plans, specifications or other documents that form the basis of the Scope of Work, the more restrictive will apply, unless clarified in writing. No qualification (such as: mark ups, initialing, changes, supplemental information, etc.) in any acceptance issued by the Client shall form part of the Agreement unless specifically agreed to in writing by the Company. Any changes to the Scope of Work requested prior to or during installation may delay the work. The Company will make every effort to accommodate reasonable, minor changes but reserves the right to reschedule the work until such time as decisions and changes can be made final by the Client. The Company reserves the right to modify the terms of the Proposal and Scope of Work (including but not limited to: costs, schedule and/or methods) due to changes in the Scope of Work (including but not limited to: design, materials and/or timeframe) by the Client during the execution of the Proposal and thereafter, as required and with written notice to the Client. The Company shall be free and unencumbered in order to complete the Scope of Work. The Company shall have no responsibility or liability for the Scope of Work – or portions thereof – where the Client, a Client representative and/or an outside party has provided information, advice, drawings, direction or supervision that is unsolicited and/or accepted by the Company.

2. SCHEDULE

a. Once the signed Proposal and Deposit are received, the Project will be put in order of receipt and scheduled accordingly. Scheduling is done on a first-come, first-served basis, dependent upon weather and/or any other unforeseen circumstances.

b. The Client will be contacted once the work is scheduled to confirm and again just prior to the installation usually the day before or morning of the scheduled work.

c. If the schedule for the work has to be changed for any reason, the Client will be notified as soon as possible and an alternate date and time established.

d. The Company will use all reasonable efforts to complete the Scope of Work within a reasonable time or by a specific date if agreed to in writing with the Client. Under no circumstances shall the Company incur any liability or costs for any untimely performance or delay caused by factors which are not controlled by the Company, such as weather.

e. The Client acknowledges that the Company uses well-established and trusted nurseries and vendors to source plant and other material(s) on a project-by-project basis. The Company does not stock plant or other materials. Time is required to procure these once the signed Proposal and Deposit are received.

3. CLIENT OBLIGATIONS.

a. You as (the “Client”) shall ensure that the Company has access to the site at all times as necessary to complete the Scope of Work.

b. The Client shall provide any gates codes or other access information as may be required. When onsite for the scheduled work, the Company shall have full right and freedom to operate and perform and shall not be restricted in any way. Other contractors, personnel, visitors, etc. shall give way to Company personnel, equipment and vehicles.

c. The Client is responsible for obtaining community ARC (architectural review committee) approval (if applicable) and any other permits and approvals as required for the Scope of Work prior to the work being scheduled by the Company.

d. It will be the responsibility of the Client or representative to have all underground utilities; including drain lines, septic systems, propane, and anything else that may be damaged, clearly marked. For your convenience, Company shall arrange for a qualified utility locator service to identify and mark discoverable public below-grade utility lines prior to any work beginning. This service will be performed by a third party in accordance with industry standards; however, this does not include private lines such as a propane tank, invisible pet fencing, plumbing, barbeque lines, lighting, etc. Any damaged private lines not marked by the Client prior to start date will be the responsibility of the Client. Owner shall indemnify Company for any damage to private lines which the Owner has not marked, or any and all damage incident to said damage to private lines. Company is not responsible for the accuracy of any marking done by the utility companies. If you have a septic system, the location will be marked on your homes plat. Please give a current copy of plat to Company. If this is not done prior to our starting date, any damage to the utilities mentioned above will be the responsibility of the Client or representative. Private utility and below-grade locating and surveying can be provided for an additional fee.

e. The Client shall provide permanent utility service on site as required for the Scope of Work prior to any work beginning (including but not limited to: electricity, water, natural gas and all associated metering, backflow prevention devices, etc.). If any service is temporary, the Client shall be responsible for conversion to permanent service. Note that no warranty will go into effect prior to the completion of all permanent utility services required for the Scope of Work.

f. Underground sleeving for such things as irrigation, drainage and lighting is the responsibility of the Client prior to any work beginning. Sleeving shall be of adequate size, accessible and marked. If necessary, this can be provided and billed as an additional service by the Company – if coordinated and approved in writing in advance. Any excavation, boring and/or sleeving required after site and building work has been completed by others will be provided and billed as an additional service by the Company.

4. EXCLUSIONS AND CONDITIONS OF COMPANY SERVICES AND PRODUCTS.

a. The Company will not pay for any repairs or work done by the Client, or the agents or employees of the Client, unless the Company has authorized the work in advance, in writing. The Company will not schedule, coordinate, or otherwise supervise any subcontractor not hired solely by the Company. Additionally, the Company will not be liable for any damages, workmanship defects, or material defects caused by another subcontractor not hired by the Company.

b. Unless otherwise stated and included, no drainage is included in the Proposal. The Company expressly excludes any and all work related to foundation and other subsurface drainage associated with any and all buildings, structures and/or work performed by others.

c. Concealed Contingencies: This Proposal is subject to an extra charge for concealed contingencies, such as rock, debris, poor drainage situations, etc., not readily apparent in estimating the materials and specified work. The site shall be received by us at a finish grade, properly drained, and in a clean, workable condition unless otherwise stated in the contract. This contract is based on all grades being within one-tenth of one foot to finish grade prior to the landscape contractor starting work unless otherwise stipulated herein. This contract does not include additional fill dirt from off-site as may be necessary to establish the proper grade unless otherwise stipulated herein.

d. An evaluation of site readiness will be performed by the Company and, if determined to be unsatisfactory, the work will be rescheduled until such time as the site is prepared.

e. Drawings and details are to serve as a guide and shall be followed as closely as is practical, but minor on-site adjustments may be made at the discretion of the Company, as necessary.

f. Substitution of plant sizes, species, colors, and so on may be necessary due to availability, nursery pruning practices and/or other circumstances. The Company reserves the right to make substitutions as approved by the customer. Such approval shall not be unreasonably withheld.

g. Client acknowledges that some field adjustments may need to be made with regard to plant type, location and spacing to accommodate new site conditions such as drainage, soil types, shade, rock and utilities.

h. Rescheduled or delayed work caused by the Client or others may result in additional charges, loss of any previous discounts and/or priority in the schedule.

i. The final cost of your job may be higher than quoted in this estimate if unforeseen factors are discovered during the installation and construction phases of your project. Typical factors that may increase your cost are unforeseen grading issues, below-grade rocks, damage by other trade workers, existing code violations, access issues, and existing drainage issues. Every effort will be made to avoid additional costs, and all additional costs will be presented to you with evidence for your review and approval.

j. If the Company identifies a problem with subsurface conditions, the Company shall immediately notify the Client and any utility company and/or emergency service, as necessary. The Company shall be entitled to charge for any additional work necessary and properly executed by the Company required to complete the work as a result of any such delay or damage.

k. Any material, refuse or debris required to be removed from the site in order to execute the Scope of Work that is not included in the Proposal may be billed to cover hauling, dumping and any disposal fees required.

l. Upon written cancellation of the authorized (signed) Agreement or other notice to stop work by the Client for any reason, Client shall pay the Company for any and all work executed as of the date cancellation is received and acknowledged by the Company, plus a cancellation fee of 10% of the remaining Scope of Work and any loss of expenses incurred by the Company as a result.

m. In the event of any cancellation of the authorized (signed) Agreement or other notice to stop work by the Client for any reason, Client acknowledges that a restock fee usually applies to all special order material, customized products, unique or rare items, etc. and that the Client will be responsible for paying such restock fees or for the material, products and items, if non- returnable.

n. The Client acknowledges that site related work provided by the Company including but not limited to: landscaping, hardscaping, irrigation and drainage, will result in some intrusion and disruption of property.

o. The Client acknowledges that additional cleaning, pressure (power) washing or other similar services are not included in the Proposal.

p. The Company is not responsible for fines, delays and/or other penalties that may be incurred by the Client due to the installation of the work in accordance with the approved Proposal.

q. The Company shall have no liability for any and all work related to foundation and other subsurface drainage associated with any and all buildings, structures and/or work performed by others.

r. Lawn repair for any areas disturbed by the Company or others is not included in the Proposal unless otherwise noted. This can be completed and billed on a time and materials basis.

s. Materials delivered to site become the responsibility of the Client. The Company accepts no responsibility for loss, damage or expense after delivery of materials to the site for any reason.

t. Any material, equipment, supplies, etc. brought to or removed from the site, excess to the Company’s requirements to execute the Scope of Work, remains the possession of and removable by the Company which shall have the right to enter the site for that purpose.

u. The Company is not responsible for damage due to acts of nature, including, but not limited to: winter freeze, winter desiccation, heavy winds, lightning, animal damage, drought or excessive / torrential rains. Damage will be repaired and billed as additional services upon written approval by the Client.

v. The Company refers to the current, publicly available publications by the North Carolina Cooperative Extension and the North Carolina State Department of Horticultural Science for their ranking of plants observed to be attractive to and/or disturbed by deer. However, no plant is “deer proof” and the Company expressly excludes any warranty and replacement of plant material damaged as a result.

w. Damage and/or disturbance to the installation work – including the irrigation system – by others during or after installation is not covered under the Proposal. Damage will be assessed, repaired and billed as additional services.

5. PAYMENT. For the Company to schedule and commence services, you will need to provide us with a signed copy of this estimate (via email or through our customer portal) and we must receive your deposit payment in the amount of 40% of the total amount of this Proposal (options included). Invoices are due and payable upon receipt. Certain projects of longer duration will involve periodic invoices for work completed. If progress payments are not received as per the contract, work may be suspended until payment is received. The final payment is due upon substantial completion of the project. No payment may be withheld at the end of any project. Interest may occur at the rate of 2.08% interest per month on any unpaid balance over thirty (30) days old. A credit will be issued for the value of any outstanding issues, or uncompleted work at a value determined solely by the Company. All fees associated with plan submittals, review fees, permit fees and approvals are the responsibility of the Client. Delinquent payment voids any and all warranties on the work performed.

6. WARRANTY and MAINTENANCE. This is a summary of our Warranty and Maintenance Terms and are not intended to be fully inclusive. For a full outline of our Warranty and Maintenance Terms, please visit our website at https://gandglandscape.net/terms-and-conditions/ . The Company offers the following warranty upon final payment of all outstanding amounts:

· 45-Day warranty from date of installation on plant material. Plant material approved for a warranty claim will be replaced one time.

· 90-Day warranty on low-voltage lighting

· NO warranty on Sod Grass – Company guarantees sod grass to be lush and healthy only at the time of installation

· NO warranty on transplanted plant material

· NO warranty on plant and trees (e.g. dogwoods, rhododendrons and palm trees) that are not indigenous to your planting zone. These plants and trees will be noted on this estimate

Conditions:

a. The warranty is only provided to the Client. The warranty is not transferrable to a future Client, or may not be assigned or sold in any manner.

b. The quality, size(s), appearance, color, finish, etc. of the completed work is at the discretion of the Company unless agreed to in writing by the Client prior to beginning the work. Where a specific result is expected, the Client shall provide samples, representative photographs, specifications, etc. to the Company prior to completion of the Proposal. If possible, the Company shall make every effort to complete the Scope of Work in accordance with the intended specific result.

c. Seeded and strawed areas carry no warranty due to the effects of nature and other variables not controlled by the Company.

d. Irrigation carries a ninety (90) day warranty on labor and parts only.

e. Low-voltage lighting shall carry a ninety (90) day warranty. The Company shall pass along to the Client the manufacturer’s warranty for all low-voltage lighting equipment in excess of ninety (90) days, if any. Only LED bulbs carry a four (4) year limited manufacturer’s warranty.

f. An extended warranty on plant material may be available for purchase. Please contact the Company for further information.

g. Client acknowledges that the Company may provide landscape maintenance on a temporary and/or ongoing basis under a separate Agreement. This in no way adds or extends any warranty, unless previously agreed to in writing.

h. Warranties are void if the Scope of Work is modified, tampered with or adjusted in any way by the Client or others, including other landscape companies, regardless of expertise, reputation, etc.

THE WARRANTIES SET FORTH IN THIS SECTION ARE STRICTLY LIMITED TO THE TERMS HEREIN AND ARE (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. ACTING AGENTS. The Company shall retain the right to pursue publication of the completed Scope of Work for its marketing purposes. As a matter of policy, all proprietary information deemed so in writing by the Client shall be kept confidential by the Company, unless otherwise approved by the Client. Client name and/or address shall not be disclosed other than as required for the successful completion of the project. Client name and/or address shall not be disclosed for advertising or marketing purposes. The Company reserves the right to post a project sign or signs on the property during and for up to thirty (30) days after completion of the Scope of Work, subject to any municipal and/or private requirements for such postings.

8. LIMITATION OF LIABILITY. THE COMPANY WILL NOT BE LIABLE TO THE CLIENT OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF THE OTHER PARTY (INCLUDING WITHOUT LIMITATION CLAIMS FOR GOODWILL, LOST PROFITS OR USE OF MONEY) ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT. CLIENT AGREES THAT COMPANY’S AGGREGATE LIABILITY TO CLIENT FOR ANY CLAIM REGARDLESS OF THE NATURE OF SUCH CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO COMPANY UNDER THIS AGREEMENT.

9. FORCE MAJEURE. Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under this Agreement, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, delays caused by the other party, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.

10. MISCELLANEOUS. This Agreement constitutes the entire agreement of Company and Client with respect to these matters and supersedes and cancels all prior or contemporaneous written or oral agreements or understandings between such parties. Each provision of this Agreement is severable from every other provision of this Agreement and any provision of this Agreement that is determined by any court of competent jurisdiction to be invalid or unenforceable will not affect the validity or enforceability of any other provision hereof or the invalid or unenforceable provision in any other situation or in any other jurisdiction, provided that any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. This Agreement shall be construed and interpreted under the internal laws of the State of North Carolina without regard to its conflict of laws provisions and venue for all claims or actions shall be in the courts located in Charlotte, North Carolina. Client shall not assign, subcontract, delegate or otherwise transfer this Agreement or any obligations hereunder without Company’s prior written consent. No waiver by any party of any provision hereof or part thereof at any time shall constitute or evidence a waiver by such party of any other provision or other part of such provision or of the same provision or part at any other time, irrespective of the length of time for which such waiver continues. This Agreement may be executed by the parties in multiple counterparts and shall be effective as of the date set forth above when all parties have executed and delivered a counterpart hereof. No delay or omission on the part of either party in exercising any right hereunder shall operate as a waiver of such right or any other right under this Agreement. If any provision of this Agreement is held to be invalid, the remainder of the provisions shall be given full force and effect. If either party employs any legal process or action hereunder, the successful party in such legal process or action shall be entitled to recover its reasonable attorneys’ fees.