General Terms & Conditions

1. Acceptance of Terms

By signing a contract, you (“Client”) are entering into a legally binding agreement with Gardesign, LLC (“Company,” “we,” “us,” or “our”) for the services described. These Terms & Conditions govern all work performed unless otherwise agreed in writing.

2. Estimates & Costs

Estimate Validity: Any estimate provided is valid for 30 days unless otherwise stated. Revisions: Should there be changes in project scope or costs, the Client will be notified in advance. Additional Services: Any services requested outside of the original estimate will incur extra charges.

3. Services

Scope: We will perform only the services explicitly stated in the estimate or contract. Exclusions: Any tasks not mentioned in the estimate are excluded from this agreement.

4. Schedule

Scheduling: Services are scheduled as outlined in the estimate or contract. Arrival times are approximate and may be subject to delays due to weather, equipment issues, or other unforeseen circumstances. Multiple Visits: Completion may require multiple visits. Exact completion times are not guaranteed.

5. Changes

Client Requests: Any modifications to specifications, quantities, or schedules must be requested in writing (email or text).Written Approval: Changes are not binding until confirmed by the Company. Additional Charges: The Client agrees to pay for any added costs resulting from changes.

6. Taxes

The Client is responsible for all applicable federal, state, and local taxes related to the services provided.

7. Payment Terms

Invoice & Due Date: Payment is due upon completion of work or by the stated due date on the invoice. Per-Cut Payment: Clients paying per cut must remit payment immediately after each service. If payment is not received within five (5) days, a reminder email will be sent. Service Suspension: If payment is not made prior to the next scheduled service, the Client will not receive service that week.

8. Late Charges & Interest

A $50 late fee will be applied to any invoice that is 30 days past due. Additional interest or fees may accrue as permitted by law.

9. Property Access & Site Visits

Authorization: The Client authorizes the Company to access the property for scheduled services. Site Assessments: We may visit the property with little or no notice to assess service needs or verify completion.

10. Hazard/Obstruction Disclaimer

If the lawn or work area is obstructed by debris, pets, vehicles, or other hazards, we may skip or reschedule. The Client may be billed for any incurred costs if a scheduled service cannot be completed due to such obstructions.

11. Damage to Plants & Property

Hidden Obstacles: We are not liable for damage to hidden items (sprinklers, cables, toys, etc.) unless caused by our negligence. Existing Conditions: We are not responsible for damage arising from pre-existing property issues.

12. Indemnification

The Client agrees to defend, indemnify, and hold harmless the Company and its employees from any and all claims, damages, or liabilities arising from circumstances beyond our control or pre-existing property conditions.

13. Marketing & Media Use

Permission: The Client agrees that photos, descriptions, reviews, quotes, texts, or videos of the property may be used for marketing purposes. Opt-Out: To opt out, the Client must submit a written request.

14. Communication & Notifications

By inquiring about or using our services, the Client consents to receive notifications and messages (email or text) about promotions and services.

15. Cancellation & Termination

Client-Initiated: The Client may cancel services by providing written notice at least 14 days in advance (or as specified in the contract). The Client is responsible for any costs incurred up to the cancellation date. Company-Initiated: We reserve the right to terminate services due to non-payment, breach of agreement, or other valid reasons. Any outstanding balances remain due.

16. Liability Disclaimer

While we strive for high-quality service, we are not liable for issues beyond our control, such as extreme weather or other unforeseen events that may affect the schedule or results of our work.

17. Governing Law & Dispute Resolution

These Terms & Conditions are governed by the laws of the State of New York. Any dispute shall be resolved in the courts located in the county where the services are performed, unless otherwise agreed in writing. Before resorting to legal action, both parties agree to make a good-faith effort to resolve disputes through negotiation or mediation.

18. Entire Agreement

This document, together with any signed estimate or contract, constitutes the entire agreement between the Client and the Company. It supersedes any prior negotiations or agreements, whether written or oral.

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