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These Terms & Conditions apply to any work performed and materials supplied by OScape, LLC  DBA OScape Lawn & Landscaping (“Contractor”) and are incorporated into the quote or invoice provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s signing of the Quote, the quote, together with these Terms & Conditions, form a binding contract between the parties.

1. Scope of Work. The Contractor shall carry out and complete landscape works described in the Invoice in a workman like manner and shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties. If there is any discrepancy between any specification and any drawing, the description contained in specifications shall prevail over the drawing.

2. Insurance. Contractor will maintain comprehensive general liability insurance insuring Contractor’s liability for bodily injury, death, and property damage. Contractor will also maintain worker’s compensation insurance on its employees, and require its subcontractors to similarly provide said insurance.  Proof of insurance shall be provided to Owner upon request.

3. Permits. The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by Contractor under the Invoice (both governmental and private). Customer represents and warrants to Contractor that all permits and consents have been obtained prior to the scheduled commencement of any work and that the work contained in the Invoice is permitted by all applicable laws.

4. Invoice and Quotes. The Invoice provided for lawn maintenance, landscaping or any other services is due upon receipts or other wise stated on the invoice. Acceptance of the quotes expressly constitutes acceptance of these Terms & Conditions and represents a binding contract between the parties.

5. Payment. Customer shall pay the Contractor the full amount of the Invoice, including all taxes and fees as follows:  Landscaping Service(s), (1) 50% down upon signing of the quote by the Customer, with the balance due upon completion of the work described in the Invoice. (2) 50% deposit down upon signing of the quote by the Customer, 25% due after seven days after project has started, and the remaining balance due upon completion of the work described in the Invoice. (3) Lawn Maintenance services is billed on the 1st day on a monthly basis, and payment is due within 14 days. Payment terms shall be stated on the Invoice. If Customer fails to make payment within 15 days of the due date, contractor has the right to dispatch customer's information over to collection agency.

6. Terms for Mowing. The Contractor shall provide the mowing terms of this Agreement in the Quote and shall generally be for January thru December; services will be performed on a weekly, bi-weekly, or monthly basis as agreed by customer. Upon written termination, neither party shall have any further obligations to the other except for those obligations that shall survive termination of this Agreement, as set forth below. Customer agree to make sure lawn is cleared prior to the day of service. Contractor will not be responsible for to children’s toys, dog toys, garden tools, garden hoses, faulty or improperly installed/maintenance of irrigation heads, or any other obstacles that mowers may run over in your lawn. A minimum $20 cleaning fee will be applied to customer's invoice for failure to remove excessive pet waste from lawn.

7. Overgrown Grass. In cases where your grass is overgrown (greater than 5 inches) or edges have not been maintained prior to our first service, we often have to charge an additional fee.

8. Customer Representation and Obligations. The Customer warrants the site is free of underground condition including, without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains and waste materials except as specifically disclosed to Contractor prior to the signing of the Estimate. Contractor shall contact 811 prior to commencing work on site, however contractor will not be held liable for unmarked areas in which underground utilities resides. Where latent/underground problems exist the Contractor shall be entitled to charge for additional work/supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied. Customer shall provide Contractor with electricity and water.

9. Completion. The Contractor will use commercially reasonable efforts to complete a project in the time frame estimated. However, Contractor shall not be liable for any delay in the completion of the work for any additions to the project by customer.

10. Materials On-Site. Materials delivered to site become the responsibility of the Customer. The Contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason. Any material brought to, or removed from the site, that are in excess to the Contractor’s requirements under the Invoice remain the property of and be removable by the Contractor who shall have the right to enter the site for that purpose.

11. Maintenance after Completion. The Contractor is only obligated to perform the work specified in the Invoice. The proper maintenance of the site shall be the obligation of the Customer following completion of the work by Contractor, unless otherwise agreed in writing by the parties.

12. Warranties and Exclusions. The Contractor warrants the plants and trees supplied by Contractor in connection with the Invoice for a period of 30 days from the date of planting, provided that such warranty shall be void if the Customer fails to take reasonable care of the plants (including, without limitation, watering, spraying, cultivating, and pruning). Annuals, perennials, and sod, as well as any transplanted materials will not be warranted and are sold AS-IS. Contractor shall not be liable for any damage caused by Acts of God (including, without limitation, extreme cold or draught, flooding, storms, rain, etc.) Contractor’s sole responsibility for any breach of these warranties shall be, at its discretion, to repair or replace it or to issue a refund for the plant or work affected. THE WARRANTY SET FORTH IN THIS SECTION  IS STRICTLY LIMITED TO ITS TERMS AND IS (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS 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.

13. LIMITATION OF LIABILITY. Under no circumstances shall Contractor be liable for any special, incidental, or consequential damages.

Last Updated 12/18/2023