Project Terms and Conditions

Project Terms & Conditions

By signing below, you indicate your acceptance of the above estimate and the following terms and conditions (collectively, the “Agreement”). This Agreement constitutes a legally binding contract between you and Jamison Lawn Care LLC (“JLC,” “we,” or “us”).
The pricing quoted in the estimate is valid for thirty (30) days from the date of issuance.

Payment Terms

Fifty percent (50%) of the total estimated amount is due upon execution of this Agreement to secure and schedule the project.
The remaining fifty percent (50%) is due immediately upon completion of the specified work.
Payment may be made by credit card, cash, or check payable to Jamison Lawn Care LLC.
A credit card on file is required prior to commencement of work.

Nonpayment & Late Fees

JLC reserves the right to refuse to begin or to suspend services if payment is not received in accordance with this Agreement.
Any returned, declined, or unprocessable payments will be subject to a $75 fee per occurrence.
Invoices unpaid after thirty (30) days are subject to a late fee of $75 or 1.5% of the total Agreement value, whichever is greater.
Additional late fees will accrue every thirty (30) calendar days until paid in full.
If payment is not received by the due date, JLC reserves the right to charge the credit or debit card on file.
You agree to reimburse JLC for all costs of collection, including court costs, reasonable attorney’s fees, and professional collection service fees, if applicable.

Service Concerns, Disputes & Right to Cure

If you are dissatisfied with or object to JLC’s performance of any services, you must notify JLC in writing, with reasonable detail, within ten (10) business days following performance of the service at issue.
Failure to provide timely written notice constitutes a full and permanent waiver of any objection, claim, or dispute related to that service.
Upon timely notice, JLC will use reasonable efforts to cure any unsatisfactory elements or alleged defects within twenty (20) business days of receipt.
Any attempt to withhold payment without first allowing JLC the full cure period constitutes a material breach of this Agreement.

Change Orders

Any work requested that differs from or is in addition to the scope outlined in this Agreement requires a written Change Order executed by both parties.
Change Orders will specify the scope, timing, and cost of the additional or modified work.
All Change Order work will be billed as additional services, separate from the original Agreement amount.

Cancellation, Deposits & Rescheduling

In the event you cancel the services for any reason, including but not limited to pandemic, public health crisis, disaster, Act of God, or other circumstances beyond either party’s control, JLC will suffer losses that are difficult to quantify, including forfeited scheduling opportunities.
Accordingly, the 50% deposit paid upon execution of this Agreement shall be forfeited and retained by JLC as liquidated damages, not as a penalty.
You and JLC agree that this amount is reasonable.
JLC reserves the right to attempt to rebook the canceled service date.
If you reschedule the service date, the 50% deposit may be applied one (1) time only to a new service date, provided:
- The new service date is within six (6) months of the original date, and
- You provide at least thirty (30) days’ advance notice.
All rescheduling is subject to JLC’s availability and approval, at JLC’s sole discretion.

Weather Delays

Weather-related delays will be rescheduled for the next available business day.

Plant Warranty

All plants are warrantied for one (1) year from the date of installation.
If a plant dies within the warranty period, JLC will replace it one time, provided proper care has been taken, including appropriate watering, fertilization, and insect/disease control.
Replacement plants will be the same size as originally installed.
Warranty does not extend beyond the initial one-year period, even if replacement plants are installed.
Plants that die due to lack of water, overwatering, insects, disease, winter kill, or environmental conditions are not covered.
Payment not received within thirty (30) days of project completion voids all warranties and guarantees.
This warranty guarantees correct workmanship, proper installation, and healthy plant stock at the time of installation.
JLC is not responsible for damage caused by environmental factors including drought, wind, rain, frost, or other natural conditions affecting plants or turf.

Sod & Seed Installation

Proper watering and moisture during the germination period is your responsibility.
There are no warranties on seed or sod installations.
If no irrigation system is present, it is recommended that you use hose-connected sprinkler heads with commercially available timers to regulate watering frequency and duration.

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.
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.
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.
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.
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.
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.
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.
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.
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.