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LAWN MAINTENANCE CONTRACT: Mowing Season is April thru November. Contracts are valid and automatically renew each year until either party cancels contract in writing (email).
THE COMPANY OFFERS TO DO OR ARRANGE TO HAVE DONE ONLY THE ITEMS LISTED BELOW:
LAWN MAINTENANCE: includes mowing all turf areas, trimming all turf areas inaccessible to mower with line trimmer, blowing all resulting clippings with a power blower from driveways and walkways. Lawn service will be performed on a scheduled day each week during the growing season. In the event of inclement weather the services provided will be scheduled for the next available day. The company reserves the right to determine the exact day(s) and time(s) work will be performed. Weekly and Monthly Automatic Credit Card Billing accounts will be charged within 5 days after each service is performed or on the first business day of each month. Monthly invoices will be mailed on the last day of each month and are due on the 15th of the following month or late charges, interest and account collection fees will apply. All accounts not paid in full are considered past due on the 16th of each calendar month for the prior months invoice.
TERMS AND CONDITIONS
The Company shall not be liable for delays due to unforeseeable cause beyond the control of, and without the fault of negligence of, the contractor, including Acts of God or public enemy, acts of the homeowner, fires, riots, civil disturbances, floods, strikes, freight embargoes, unusually severe weather, and inability to obtain materials. Should mud, quicksand or underground water be encountered in any mowing or excavation, which require unusual shoring or pumping methods to make the mowing or excavation workable, the extra cost will be paid by the customer. The Company does not assume any responsibility for violations of building, electric, plumbing or any other municipal or government codes, ordinances, or regulations which may presently exist on the premises of the customer. Corrections of all such violations, should they exist, are excluded from this agreement and shall be the responsibility of the customer unless specifically provided herein. The Company is not responsible for disturbances to site, soil, lawn or yard, raised manholes or parking curbs. Customer is responsible for reconditioning any disturbed areas unless specifically provided herein. Customer is responsible for objects unseen of left in turf areas, the damage caused from unseen objects being struck with mowers or equipment in turf areas, windows, glass broken, etc. from rocks or unseen objects in turf areas and damage to the mowers and equipment. The Company is not responsible for any damage of items left on turf areas and/or malfunctioning sprinkler heads, toys, rocks, sticks, limbs, exposed wires or damage caused by any item hidden in the landscape and not clearly guarded or marked. It is agreed that in the event the customer prevents the Company from commencing performance of work, or having commenced said work, the customer refuses to permit the company to complete the same, then and in such event, the Company shall receive from the customer the reasonable value of labor, materials and overhead costs, but in no event below the Company costs.
PAYMENT OPTION 1: AUTOMATIC WEEKLY CREDIT CARD BILLING: Customer must submit a completed FORM CCA14 CREDIT CARD AUTHORIZATION with this contract. Your credit card will be automatically billed within 5 days of each service. Service may be interrupted if account is past due or credit card is declined for any reason. Declined Credit Cards are subject to a $25 reprocessing fee. Past due accounts are subject to a collection fee and the highest interest applicable by state law per 15 day billing cycle. PAYMENT OPTION 2: MONTHLY BILLING: Customer must submit a completed FORM CA14 CREDIT APPLICATION for approval with this contract. IF APPROVED, Invoices will be mailed on the last day of each month and full balance is due by the 15th of the following month. Past due accounts are subject to a collection late fee and the highest interest applicable by state law per 15 day billing cycle. Service may be interrupted if payment is not received by due date. PAYMENT OPTION 3: AUTOMATIC MONTHLY CREDIT CARD BILLING: Customer must submit a completed FORM CA14 CREDIT APPLICATION for approval and FORM CCA14 CREDIT CARD AUTHORIZATION with this contract. IF APPROVED, Your credit card will be billed on the 1st of each month for the prior month of services. Service may be interrupted if credit card is declined or account is past due for any reason. Declined Credit Cards are subject to a $25 reprocessing fee. Past due accounts are subject to a collection fee and the highest interest applicable by state law per 15 day billing cycle.
LAWN SERVICE: Weekly lawn service will be performed on a scheduled day each week during the growing season. In the event of inclement weather the services provided will be scheduled for the next available day. The Company reserves the right to determine the exact day(s) and time(s) work will be performed. Lawn service includes mowing all turf areas, trimming all turf areas inaccessible to mower with line trimmer, blowing all resulting clippings with a power blower. EDGING SERVICE: Edging sidewalks, walkways, driveways, flower beds, etc. is a separate optional service not included in lawn service price. Edging may be performed each week at the time of lawn service, may be performed bi-weekly or as needed basis. INTERRUPTED SERVICE: Service may be interrupted if payment is not received by the due date or credit card is declined. The company is not liable for interrupted service and may not return for service until arrangements or full payment is made. In the event the grass grows taller than 6 inches during interrupted service or for any reason beyond the company’s control the customer agrees to pay a minimum of one “double cut”, double the amount of the original total price per service or an hourly rate of $150 per hour whichever is greater to resume service. All accounts not paid in full are considered past due on the 16th of each calendar month for the prior months invoice. INSTALLATION: The Company will install said materials and/or improvements in accordance with this contract. You authorize the Company to periodically inspect installation. You agree to pay the Company the amount listed on the front upon completion. Minor adjustments or service which may be required upon installation are covered by warranties and shall not be construed as failure to complete. All materials not used in construction are the property of the Company. WARRANTIES: The Company provides that the following LIMITED WARRANTIES on workmanship and materials furnished as specified in this contract. All material is covered by a manufacturer’s warranty. Should a defect appear, the Company will make or cause to be made such repairs or replacement at its option, to restore the affected part(s) to an acceptable level at no cost to the customer, for labor only. Should a material defect appear after the Company’s guarantee but within the manufacturer’s warranty, the Company will make or cause to be made such repairs or replacement at its option, to restore affected part(s) to an acceptable level at no cost to the customer, for material only. This warranty does not apply to any damage or loss resulting from lighting, rain, fire, tornado, windstorm, flood, explosion, misuse or abuse, failure of homeowner to take immediate steps to protect the work and or the building and its contents from damage whenever conditions dictate, failure of structural walls or base materials not installed by the Company, over which furnished materials are installed, or any conditions beyond the control of the Company. ALL WARRANTIES ARE PERSONAL TO THE OWNER AND ARE NOT TRANSFERABLE TO ANY SUBSEQUENT OWNER OF THE PREMISES. In able to obtain performance of any of the above warranty obligations, the customer must contact the Company in writing or by phone at the address or phone number listed on the reverse side of this page and advise the Company of the defects or problems at the earliest possible date and before the warranty period expires. No work will be done under the terms of these warranties if the customer is delinquent in payments required by the basic contract. No deposits in excess of 33% of the contract price may be accepted at the time of execution of the contract, in the state of Maryland. In the event this account is placed in the hands of an attorney for collection whether or not suit is filed, the customer agrees to pay attorney’s fees in the minimum amount of 25 per cent of the amount due together with any other suit costs of collection including attempted telephone, email and mail collections. The company may represent itself it’s self as its own attorney. It is further agreed that past due accounts are subject to a $40 per billing cycle late fee, account collection fees and an interest charge of the highest per cent applicable by state law. All customers agree to pay a % rate fuel surcharge equivalent to the average fuel price per gallon of the invoiced month. If grass is taller than 6 inches for any reason customer agrees to pay a minimum of double the contracted price for that service and will be described on your invoice as double cut. All customers agree to pay a service charge of $50 on each dishonored check and $25 to reprocess denied credit cards. Notice: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS AND SERVICES OBTAINED PURSUANT HERE OR WITH THE PROCEEDS HEREOF, RECOVERY HERE UNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HERE UNDER. ANY REFERENCE TO “THE COMPANY” IN THIS CONTRACT SHALL BE CONSTITUTED TO MEAN THE COMPANY. TERMS: NET CASH UNLESS OTHERWISE STATED IN AGREEMENT.THE UNDERSIGNED REPRESENTS THAT (HE IS) (SHE IS) (THEY ARE) THE (OWNER) (OWNERS) OR (RESPONSIBLE PARTY) OF THE PROPERTY DESCRIBED IN THIS CONTRACT. IT IS UNDERSTOOD THAT THE ENTIRE CONTRACT IS CONTAINED IN THIS AGREEMENT AND THAT NO OTHER AGREEMENT OR UNDERSTANDING, VERBAL OR WRITTEN, SHALL BE BINDING ON THE COMPANY, AND THAT THIS CONTRACT BECOMES EFFECTIVE ONLY UPON ACCEPTANCE BY THE COMPANY AFTER WHICH THIS CONTRACT IS NOT SUBJECT TO CANCELLATION. THE COMPANY WILL NOT BE HELD LIABLE IN DAMAGES FOR DELAYS IN PERFORMANCE OF THIS CONTRACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL. WORKMEN’S COMPENSATION AND PUBLIC LIABILITY INSURANCE ARE PROVIDED BUT THE COMPANY AGREES TO EXECUTE ALL NECESSARY PAPERS OR FORMS TO ENABLE COMPANY TO OBTAIN PAYMENT FOR EQUIPMENT, LABOR, AND MATERIALS WHICH WOULD BE INVOLVED IN PERTAINING TO THIS CONTRACT. THE COMPANY IS NOT RESPONSIBLE FOR THE LANDSCAPING OR TRACKS MADE BY VEHICLES OR OTHER EQUIPMENT, UNLESS OTHERWISE SPECIFIED. IF IN THE COURSE OR PERFORMING THIS CONTRACT THE COMPANY ENCOUNTERS TRASH, ROCK, PUDDLED WATER, ETC. OWNER WILL BE RESPONSIBLE FOR LABOR AND MATERIAL COSTS INCURRED TO CORRECT OR REPAIR THE SITUATION OR EQUIPMENT. BY SUBMITTING THIS ELECTRONIC CONTRACT YOU AGREE TO ALL TERMS AND CONDITIONS. This agreement set forth the entire transaction between the parties. Any and all prior agreements, warranties, oral discussions, or representations made by either party are superseded by this agreement. Any changes made by you in the above specifications necessitating additional materials or labor shall not be covered or included in this contract but shall be provided for only after execution of a written change order signed by both parties.
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