our terms and conditions
The following terms and conditions are a part of the confirmation of work to be performed by T.M. Landscaping, LLC (the Company) and, by approving estimates or work requests, constitutes the entire Agreement between the Company and the Customer.
PERFORMANCE – The Company shall use commercially reasonable efforts to meet all scheduled dates for work to be performed hereunder, but shall not be liable for damages due to delays for inclement weather or other causes beyond its control. The Customer shall not be relieved of obligations under this Agreement as a result of delays beyond Company’s reasonable control.
SAFETY – All work hereunder will be performed in a professional manner by experienced personnel outfitted with the appropriate tools & equipment to complete the job properly & safety. The Company shall follow the latest version of rules & guidelines for the Industry.
DESIGN WORK – Basic adjustments to the first drafted design plan based on client feedback, including minor changes to the layout and material substitutions are included in the design fee. Extensive alterations to the plan due to change of concept or unforeseen circumstances are considered a supplemental service and will be billed accordingly. The Company retains the copyrights to all deliverables. A nonexclusive license is granted to the Customer to utilize deliverables for the purpose of completing and installing their project.
ADDITIONAL WORK – Any work performed not originally scheduled but added on the day of service will be charged accordingly.
TIME & MATERIAL WORK – Work performed on a Time and Material basis shall be invoiced for time at the worksite plus travel to and from the job and materials used. Time for lunch will not be billed.
RAIN DAY POLICY – We want to keep your lawn healthy and tidy, our employees safe, and our equipment in good operating condition. To make sure this happens, we reserve the right to adjust service times, delay, or skip appointments in the event of rain. This can affect scheduled workdays before and after the rain as well. We will work diligently to make sure you get back on your regular schedule. (This also happens when Holidays fall during the week.)
INSURANCE – The Company is fully licensed and insured. Confirmatory certificates are available upon request.
MATERIAL COSTS – Material prices are subject to change without notice and are not guaranteed due to fluctuation from our suppliers and vendors. We support our local suppliers and nurseries based on product availability and timing, however, at times we need to outsource materials in order to avoid disruptions or delays. TM Landscaping will always put our clients' best interests first and we will continue to find the best pricing and availability for our clients' projects and needs.
PLANT / TREE WARRANTY – We want your landscape to be a success, and we stand behind the excellent quality of our plants and trees. Most problems with new plantings arise in the first 120 days. While our warranty against loss due to digging and transporting is good, it is your responsibility to follow our great Planting and Watering Guidelines and to contact us at the first sign of trouble so that we have the opportunity to discuss adjusted care methods that can save your plantings. We can not guarantee against damage from winter weather, summer drought, non-approved irrigation systems, or lack of proper care after we leave the job site. Failure to contact us in a timely fashion may void your warranty. (Perennials and ornamental grasses are not included in the plant warranty.)
SNOW PLOWING & SANDING – Company shall not plow or sand/salt within 3 feet from any parked vehicles, equipment or other obstructions in parking lots, driveways or other areas being cleared. The Customer is responsible for removing any such obstructions PRIOR to the Company's arrival. The Company shall use commercially reasonable efforts to avoid damage to pavement, walkways, curbs or other surfaces, but in no event will the Company be liable for any such damage. Depressed areas in pavement often accumulate snow that may prevent proper plowing, as will snow that has been packed down by vehicle or foot traffic. Company is not responsible for any accumulations of snow that cannot be plowed, nor shall it be responsible for removal of excess snow from roadway snow plows that fill driveway aprons after work has been completed. The Customer is responsible for installing boundary markers indicating areas to be plowed, unless specifically agreed otherwise with the Company. Due to weather conditions beyond the control of Company, icy or slippery conditions may exist even after completion of plowing work. In no event shall the Company be held liable for damage to persons or property arising or resulting from icy or slippery conditions existing on Customer’s property. It is the Customers’ responsibility to contact the Company if any hazardous or inconvenient conditions occur.
PROPERTY LINES/RESTRICTIONS – Prior to the commencement of any work under this Agreement, the Customer shall indicate to the Company the corners and all boundary lines of the Customer’s property and shall assume all responsibility for the accuracy of said markers and boundaries. Customer shall hold the Company and its members, managers, agents, employees, subcontractors and affiliates harmless from and against any claims, damages, causes of action, losses and expenses, including, but not limited to, reasonable attorneys' fees, arising from any dispute as to the boundaries of the Customer’s property. The Customer shall give copies to the Company of any restrictions, easements, or rights of way impacting Customer’s property prior to commencement of any work.
OWNERSHIP OF TREES/SHRUBS/PLANTS – The Customer hereby represents and warrants to the Company that the trees/shrubs/plants quoted herein are either the Customer’s own property, or that the Customer has received written permission to work on said trees/shrubs/plants which are not the Customer’s property. The Customer shall hold the Company and its members, managers, agents, employees and affiliates harmless from and against any claims, damages, causes of action, losses and expenses, including, but not limited to, reasonable attorneys' fees, arising from breach of this representation and warranty.
PHOTO RELEASE STATEMENT – I hereby grant TM Landscaping permission to capture their work on my property via photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of TM Landscaping and will not be returned. TM Landscaping will never compromise the identity of the homeowner or property address when taking photos of the job, unless explicitly permitted by the homeowner.
CANCELLATION – Cancellation of work not received before crew arrival shall be subject to the Company’s current minimum charge or charges incurred on behalf of the project.
TERMS OF PAYMENT - All accounts are net payable upon completion of work. A late charge equal to the greater of (a) 1.5% per month, or (b) the highest rate permitted under Massachusetts law, will be added to all outstanding accounts thirty days after the invoice date. If outside assistance is used to collect any outstanding amount, the Customer is responsible for all costs associated with said collection including reasonable attorney’s fees & costs incurred by the Company. This Agreement shall be governed by the laws of the Commonwealth of Mass.
