Terms:

  1.  Indicate your acceptance of the above estimate and the following terms (collectively, the “Agreement”) by signing below. By signing below, you are entering into a legally-binding agreement between you and “Jamison Lawn Care LLC” (“JLC,” “we” or “us”). The pricing quoted in the estimate above is valid for 30 days.
  2. Payment. One half of the total estimate amount set forth above is due upon signature of this Agreement in order to book the project, and the remaining half shall be immediately due and payable upon the completion of the specified work. Payment can be made by credit card, cash or check payable to Jamison Lawn Care LLC.
  3. JLC reserves the right to refuse to begin performance of, or to suspend, its services if payment is not received by the agreed payment term in accordance with this Agreement. Any un-processable, returned or bounced payments made to JLC will be subjected to a $75 fee per each un-processable, returned or bounced check or payment. Invoices unpaid after 30 days will be subject to a late fee of $75 or 1.5% of the total value of this Agreement, whichever is greater. Additional late fees, determined in accordance with the preceding sentence, will accrue every 30 calendar days. If payment is not received by due date, JLC reserves the right to bill your credit/debit card. A credit card on file is required before JLC’s performance of the services. If JLC incurs any costs, expenses, or fees, including court costs, reasonable attorney’s fees and/or professional collection services fees, in connection with the collection or payment of any amounts due it under this Agreement, you agree to reimburse JLC for all such costs, expenses and fees.
  4. If you are dissatisfied with or object to JLC performance of any services under this Agreement, then you must notify JLC of such dissatisfaction or objection, in a detailed writing, within ten (10) business days after performance of the service at issue. If you do not timely provide any such notice, you shall be deemed to have forever waived any objection or dispute with respect to the service at issue. If you do timely provide any such notice, JLC will use reasonable efforts to cure any unsatisfactory elements or alleged defects within twenty (20) business days after receipt of the notice. Any attempt by you to withhold payment because of a disputed service without first giving JLC twenty (20) business days to cure the alleged defect will constitute a material breach of this Agreement.
  5. Change Orders: Any work requested by you which is different than or in addition to the work set forth on the reverse side of this Agreement will require execution by the parties of a written Change Order setting forth the nature and terms of such different and/or additional work. The cost of Change Orders will be billed as extras in addition to the amounts due hereunder.
  6. In the event that you cancel the services to be performed by JLC hereunder, for any reason (including but not limited to: pandemic or other public health crisis, disaster, Act of God, or any other similar or dissimilar cause reasonably outside of either your or JLC’s control), JLC shall suffer losses and/or opportunities that are difficult to ascertain, including without limitation forgone opportunities for other business on dates reserved to perform services for you under this Agreement. As such, you agree that, in the event of your cancellation of the services, for any reason, the 50% deposit paid to JLC upon execution of this Agreement shall be forfeited by you and kept by JLC as liquidated damages and not as a penalty. You and JLC agree that such amount is reasonable. JLC reserves the right to attempt to book another client if your service date is canceled. If you reschedule the service date, the 50% deposit may be applied to the new service date without additional fee if the new service date is within six (6) months of the previous service date and you provide JLC with thirty (30) days’ advance notice. You acknowledge and agree that the 50% deposit may be applied to a new service date in accordance with
    the preceding sentence one time only. You acknowledge and agree that rescheduling of the service date is subject to JLC’s
    availability and JLC’s agreement to reschedule the service date is at JLC’s sole discretion.
  7. Weather related delays are made up on the next available business day.
  8. Plant Warranty Terms: All plants are warrantied for 1 year from the date of installation. If the plant dies within the 1 year warranty term, JLC will replace it; provided, that you have taken proper care of the plants, including, but not limited to, providing water, fertilizer and insect and disease control. Plants replaced under warranty will be the same size they were when they were installed. Warranty does not continue after the first year if all plants live. Warranty expires 1 year from the date of installation. After installation, proper watering is your responsibility. All plants are only guaranteed one time and replacements plants provided under this warranty will not be guaranteed. Plants that die because of lack of water, drowning, insects, disease or winter kill will not be replaced under this warranty. Payment not received within 30 days from completion of work voids all guarantees, including, without limitation, the warranty under this paragraph. This warranty guarantees that the soil dug correctly and healthy plants will be purchased. This warranty is to guarantee correct workmanship, and proper installation of plants. If the plant was not installed correctly or if it was bad stock JLC will replace the individual plant one time. JLC does not accept responsibility for any damage through the elements, including drought, winds, rain and frost to lawns (turf) and or any material(s) including plants.
  9. Sod and Seed Installation: It is your responsibility to maintain adequate moisture during the germination period to ensure proper growth. There are no warranties on seed or sod. If you don’t have an irrigation system it’s recommended that you utilize sprinkler heads connected to your garden hose along with commercially available timers to adjust the time and length of irrigation.
  10. You acknowledge and agree that photos and or videos may be taken on your property by JLC for advertising/marketing purposes. Such photographs and videos may be posted to JLC social media accounts, the JLC website, and/or used for other marketing, promotional or advertising purposes.
  11. You acknowledge and agree that any estimate or design provided to you in connection with this Agreement, as well as the terms and conditions of this Agreement, are the proprietary and confidential information of JLC. You will not at any time or in any manner, either directly or indirectly, use, divulge, disclose, or communicate such information. This provision shall be effective upon JLC providing you with an estimate or design, regardless of whether you sign this Agreement, and shall continue to be effective after the expiration or termination of this Agreement or completion of the services.
  12. You shall indemnify and hold harmless JLC and its officers, members, managers, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys’ fees and disbursements, arising from or relating to: (a) bodily injury, death of any person, or damage to real or personal property resulting from your acts or omissions; or (b) any breach by you of your obligations hereunder.
  13. JLC warrants that it shall perform the services described herein in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. JLC (a) MAKES NO WARRANTIES EXCEPT FOR THAT SET OUT ABOVE; AND (b) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JLC’s sole and exclusive liability and your sole and exclusive remedy for breach of the limited warranty set out in this Section shall be reperformance of the affected services.
  14. IN NO EVENT SHALL JLC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT JLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL JLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO JLC PURSUANT TO THIS AGREEMENT.
  15. This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. The parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Bucks county, Pennsylvania. Both parties hereby submit to the exclusive jurisdiction and venue of any such court.
  16. It is the your responsibility to verify all items discussed during the site visit are listed in this Agreement. If items were discussed and are not shown on the estimate above, it is not included in the cost estimate. Please let us know prior to accepting the estimate, if you are unsure.
  17. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. The parties may not amend this Agreement except by written instrument signed by the parties.
  18. JLC shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, public health crisis (including declaration of a pandemic or epidemic by the World Health Organization, declaration of a state of emergency due to widespread illness, or a mandatory or recommended quarantine by federal, state or local government or government agency) or other similar or different occurrences beyond the reasonable control of JLC (each, a “Force Majeure Event”), for so long as such Force Majeure Event is in effect. JLC shall use reasonable efforts to notify you of the occurrence of a Force Majeure Event within five business days of its occurrence. In the event that a Force Majeure Event occurs and remains in effect for a period of more than twelve (12) months, JLC’s responsibility and liability is limited to the return of all payments received under this Agreement.

Please contact us with any questions