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Terms of Service/Customer Agreement between Trani's Landscaping &Client(s)
 

1. Quotation

1.1. Trani’s Landscaping has prepared the given quote based on information supplied by the customer with regards to land area to be landscqped. Trani’s Landscaping accepts no liability whatsoever for any losses, disputes or damages arising from landscaping work as a direct result of errors in this information.

1.3. All prices given on this quote are correct at the time of writing,but may be subject to future change due to external factors such as cost of supply. 

1.4. Acceptance of this quotation automatically signifies acceptance of the terms and conditions set out here and indicates a contract between Trani’s Landscaping, LLC and client, according to the laws of the state of Utah.

2. Scope of Work

2.1 All prices are prepared based on a best estimation at time of submission taking into account information supplied by the client.  Should this be found to be inaccurate, Trani’s Landscaping, LLC will quote an additional charge to settle the difference, and this must be agreed by both parties before work commences. 

2.2 Any other works, labor or supply of materials outside of the scope of the quote given will be chargeable. Any modification or extra work that falls outside of the remit of this quotation must first be agreed with a change order and approved by both parties before work commences.

2.3 Any repair work is charged a labor cost of $65.00 per hour plus the additional cost of supplies. There is a minimum charge of $110 in labor.

3. Invoicing and Payment

3.1 Upon acceptance of this quote, a deposit shall be immediately due in the amount equivalent to 20% of your estimate total. By paying the deposit, you are accepting the terms and conditions of this customer agreement. The deposit amount shall be credited toward the balance due on the project. If the project is canceled by the client before the project commences, the deposit shall be forfeited. 

3.2 In order to ensure materials are available upon project start date, 40% of the quoted estimate minus the 20% deposit is due on the start date of the project. Upon completion of the project, an invoice shall be raised to settle the remaining balance, which shall be due immediately, unless otherwise agreed upon.

3.3 Recurring maintenance clients: You will be billed via a quickbook invoicing at the end of each month for your weekly, bi-weekly or monthly service. Your invoice is due immediately upon receipt. See 3.4 for late fees that will apply after a 5-day grace period.

3.3. Online payment options are available however we do pass on the online payment fees that are charged to us. Quickbook charges a 2.99% payment fee that we will automatically add to your invoice. We also accept cash or check which are not subject to additional fees. 

3.4. Any amount not paid when due or agreed upon shall bear interest from the due date until paid in full at 18%, compounded daily. 

4. Warranty

4.1. The plant and grass material installed is warranted for a period of (30) days from the date of installation, subject to conditions outlined in section 4.3.

4.2 All irrigation & hardscape work completed is warranted for a period of (1) year from the date of installation, subject to conditions outlined in section 4.3.

4.3 As a condition of this limited warranty, you are responsible to properly maintain the plant and grass material, all irrigation and hardscape during the Warranty Period. This limited warranty shall not cover anything outside of manufacturer defects or normal wear and tear of the materials used. This warranty will not cover damage caused by vandalism or uncontrollable acts of nature. The warranty shall be deemed null and void if you have animals/pets that walk or urinate on the grass material during the 30 day warranty period. 

5. Limitation on Liability

5.1 Trani’s Landscaping, LLC shall not be responsible for:

5.1.1 The design or defects in equipment or materials supplied or provided by the client for incorporation into the project. 

5.1.2 Any damage to concrete that results from the use of heavy machinery.

5.1.3 Any damage to subsurface structures or utilities which were not identified and located by the client.

5.2 The total amount of all claims the client may have against Trani’s Landscaping, LLC under this agreement, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the amount of any insurance Trani’s Landscaping, LLC may have available at the time such claims are made. 

5.3 No claim may be brought against Trani’s Landscaping, LLC in contract or tort more than two years after the work was completed or terminated.

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