ABC CO. LANDSCAPING, LLC
MASTER TERMS & CONDITIONS
These Master Terms & Conditions ("Agreement") govern all estimates, proposals, invoices, work orders, service agreements, and services performed by ABC Co. Landscaping LLC ("ABC") for the Client ("Client"). By approving an estimate, scheduling service, signing a proposal, or submitting payment, the Client agrees to these terms.
1. Scope of Services
ABC provides landscaping, lawn care, gardening, hardscaping, planting, mulching, seasonal cleanups, tree and shrub maintenance, grading, drainage, snow services, and related outdoor improvement services.
Only services specifically listed on an approved estimate, proposal, invoice, or work order are included.
Additional work requires Client approval and may result in additional charges.
2. Estimates
Unless otherwise stated:
3. Payment Terms
Accepted payments:
Returned payments are subject to a $35 returned payment fee plus applicable bank charges.
4. Late Payments
Balances unpaid after 30 days accrue a finance charge of 1.5% per month (18% annually).
ABC may:
5. Taxes
Applicable Michigan sales tax will be added unless a valid exemption certificate is received before work begins.
6. Scheduling
Appointments are scheduled based upon availability.
Weather, supplier delays, equipment failure, labor shortages, or unsafe conditions may require rescheduling.
ABC will make reasonable efforts to notify the Client of schedule changes.
7. Client ResponsibilitiesThe Client agrees to:
ABC is not responsible for delays caused by inaccessible property.
8. Underground Utilities
ABC is not responsible for damage to:
9. Materials
Natural stone, mulch, wood, soil, plants, and manufactured products naturally vary in:
10. Plant Material
Plant performance depends upon:
11. Lawn Establishment
New seed and sod require proper watering and maintenance.
Failure to follow ABC's maintenance instructions voids warranty coverage.
12. Change Orders
Changes requested after approval may result in:
13. Delays
ABC shall not be liable for delays resulting from:
14. Site Conditions
If hidden site conditions are discovered, including:
15. Property Damage
ABC exercises reasonable care but is not responsible for:
The Client must report any concerns within 48 hours.
16. Warranty
Hardscape
ABC warrants workmanship for 12 months.
Plants & SodInstallation workmanship is warranted for 30 days.
Warranty excludes:
17. Warranty Claims
Claims must be submitted in writing within seven days after discovery.
ABC may inspect the work before determining corrective action.
ABC reserves the right to repair rather than replace.
18. Limitation of Liability
ABC's total liability shall never exceed the amount paid for the service giving rise to the claim.
ABC shall not be liable for:
19. Insurance
ABC maintains commercially reasonable insurance coverage appropriate for its operations.
Certificates of insurance may be provided upon request.
20. Construction Lien Rights
For qualifying improvements to real property, ABC reserves all rights available under applicable law, including the right to record and enforce a construction lien for unpaid labor, materials, equipment, or services. Nothing in this Agreement waives any statutory rights available to ABC or the Client.
21. Right to Stop Work
ABC may immediately suspend work due to:
22. Media Release
Unless declined in writing before work begins, the Client grants ABC permission to photograph and video completed work for advertising, marketing, educational, and promotional purposes.
No personal identifying information will be published without permission.
23. Intellectual Property
Landscape designs, drawings, renderings, CAD files, graphics, photographs, and digital artwork created by ABC remain the intellectual property of ABC unless otherwise agreed in writing.
24. Independent Contractor
ABC performs services as an independent contractor.
Nothing in this Agreement creates an employment, partnership, or joint venture relationship.
25. Dispute Resolution
The parties agree to attempt good-faith negotiation before filing legal action.
Venue for legal proceedings shall be the appropriate court located in the State of Michigan unless otherwise required by law.
26. Governing Law
This Agreement shall be governed by the laws of the State of Michigan.
27. Severability
If any provision is determined to be unenforceable, the remaining provisions shall remain in effect.
28. Entire Agreement
These Master Terms & Conditions, together with any accepted proposal, estimate, invoice, work order, or signed contract, constitute the complete agreement between the parties.
Where a signed Landscape Installation Contract exists, that contract controls over these Master Terms & Conditions to the extent of any conflict.
29. Modification
ABC may update these Terms & Conditions from time to time. Updated terms apply only to future work unless otherwise agreed in writing.
Client Acceptance
By signing an estimate, proposal, work order, contract, approving services electronically, scheduling work, or submitting payment, the Client acknowledges that they have read, understood, and agree to these Master Terms & Conditions.
1. Scope of Services
ABC provides landscaping, lawn care, gardening, hardscaping, planting, mulching, seasonal cleanups, tree and shrub maintenance, grading, drainage, snow services, and related outdoor improvement services.
Only services specifically listed on an approved estimate, proposal, invoice, or work order are included.
Additional work requires Client approval and may result in additional charges.
2. Estimates
Unless otherwise stated:
- Estimates remain valid for 30 days.
- Material prices are subject to supplier availability.
- Pricing may change if market costs significantly increase before installation.
- Measurements are approximate unless guaranteed in writing.
3. Payment Terms
Accepted payments:
- Cash
- Check
- ACH
- Credit/Debit Card
- One-time services are due upon completion.
- Recurring services are due upon receipt.
- Projects exceeding $100 require a 50% deposit.
- Remaining balances are due immediately upon completion.
Returned payments are subject to a $35 returned payment fee plus applicable bank charges.
4. Late Payments
Balances unpaid after 30 days accrue a finance charge of 1.5% per month (18% annually).
ABC may:
- Suspend future services
- Require prepayment
- Refer accounts to collections
- Pursue legal remedies
5. Taxes
Applicable Michigan sales tax will be added unless a valid exemption certificate is received before work begins.
6. Scheduling
Appointments are scheduled based upon availability.
Weather, supplier delays, equipment failure, labor shortages, or unsafe conditions may require rescheduling.
ABC will make reasonable efforts to notify the Client of schedule changes.
7. Client ResponsibilitiesThe Client agrees to:
- Provide safe access.
- Unlock gates.
- Secure pets.
- Remove vehicles and obstacles.
- Disclose underground improvements.
- Mark irrigation systems when possible.
- Notify ABC of property hazards.
ABC is not responsible for delays caused by inaccessible property.
8. Underground Utilities
ABC is not responsible for damage to:
- private utility lines
- irrigation systems
- invisible pet fences
- septic systems
- drain tiles
- low-voltage wiring
- landscape lighting
- underground piping
- concealed structures
9. Materials
Natural stone, mulch, wood, soil, plants, and manufactured products naturally vary in:
- size
- texture
- color
- moisture
- appearance
10. Plant Material
Plant performance depends upon:
- weather
- watering
- drainage
- insects
- disease
- soil conditions
- wildlife
- maintenance
11. Lawn Establishment
New seed and sod require proper watering and maintenance.
Failure to follow ABC's maintenance instructions voids warranty coverage.
12. Change Orders
Changes requested after approval may result in:
- additional labor
- additional materials
- schedule extensions
- revised pricing
13. Delays
ABC shall not be liable for delays resulting from:
- severe weather
- supplier shortages
- labor shortages
- utility delays
- governmental action
- acts of God
- other circumstances beyond reasonable control.
14. Site Conditions
If hidden site conditions are discovered, including:
- buried debris
- unsuitable soils
- excessive roots
- concrete
- hazardous materials
15. Property Damage
ABC exercises reasonable care but is not responsible for:
- pre-existing damage
- settling
- concealed defects
- damage resulting from undisclosed site conditions
The Client must report any concerns within 48 hours.
16. Warranty
Hardscape
ABC warrants workmanship for 12 months.
Plants & SodInstallation workmanship is warranted for 30 days.
Warranty excludes:
- drought
- excessive rain
- insects
- disease
- neglect
- animals
- vandalism
- third-party damage
- acts of nature
17. Warranty Claims
Claims must be submitted in writing within seven days after discovery.
ABC may inspect the work before determining corrective action.
ABC reserves the right to repair rather than replace.
18. Limitation of Liability
ABC's total liability shall never exceed the amount paid for the service giving rise to the claim.
ABC shall not be liable for:
- lost profits
- loss of use
- consequential damages
- incidental damages
- indirect damages
19. Insurance
ABC maintains commercially reasonable insurance coverage appropriate for its operations.
Certificates of insurance may be provided upon request.
20. Construction Lien Rights
For qualifying improvements to real property, ABC reserves all rights available under applicable law, including the right to record and enforce a construction lien for unpaid labor, materials, equipment, or services. Nothing in this Agreement waives any statutory rights available to ABC or the Client.
21. Right to Stop Work
ABC may immediately suspend work due to:
- unsafe conditions
- abusive conduct
- nonpayment
- breach of this Agreement
- government orders
- unsafe weather
22. Media Release
Unless declined in writing before work begins, the Client grants ABC permission to photograph and video completed work for advertising, marketing, educational, and promotional purposes.
No personal identifying information will be published without permission.
23. Intellectual Property
Landscape designs, drawings, renderings, CAD files, graphics, photographs, and digital artwork created by ABC remain the intellectual property of ABC unless otherwise agreed in writing.
24. Independent Contractor
ABC performs services as an independent contractor.
Nothing in this Agreement creates an employment, partnership, or joint venture relationship.
25. Dispute Resolution
The parties agree to attempt good-faith negotiation before filing legal action.
Venue for legal proceedings shall be the appropriate court located in the State of Michigan unless otherwise required by law.
26. Governing Law
This Agreement shall be governed by the laws of the State of Michigan.
27. Severability
If any provision is determined to be unenforceable, the remaining provisions shall remain in effect.
28. Entire Agreement
These Master Terms & Conditions, together with any accepted proposal, estimate, invoice, work order, or signed contract, constitute the complete agreement between the parties.
Where a signed Landscape Installation Contract exists, that contract controls over these Master Terms & Conditions to the extent of any conflict.
29. Modification
ABC may update these Terms & Conditions from time to time. Updated terms apply only to future work unless otherwise agreed in writing.
Client Acceptance
By signing an estimate, proposal, work order, contract, approving services electronically, scheduling work, or submitting payment, the Client acknowledges that they have read, understood, and agree to these Master Terms & Conditions.