Terms and Conditions
1. THE SCOPE OF THE WORK:
1.1 The contractor (Ohio Nursery Exchange) shall carry out and complete the landscape work described in the Contract documents in a good and workmanlike manner. He shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and drawing, the description contained in the specification shall prevail over the drawing.
2. PLANTS ON SITE
2.1 Plants delivered to site become the responsibility of the Client, and the Contractor accepts no
responsibility for loss, damage or expense after delivery of the materials to site for any reason, including
pilfering while materials are on site during the course of the contract works, where such losses are beyond the Contractors reasonable control.
2.2 All plants brought on site by the Contractor, which prove to be in excess of his requirements, shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.
3. MAINTENANCE AFTER COMPLETION
3.1 The Contractor undertakes to execute the basic requirements for the initial establishment of planting and grass areas, but, following the practical completion of the contract, the responsibility for proper maintenance of the site passes to the Client. (Guidance on maintenance operations will be supplied on request)
4. PLANTING
The Contractor guarantees that all plants and trees will be inherently healthy when supplied. Planting and maintenance guidance is available on request, however responsibility for loss after the first growing season, cannot be accepted since site conditions are beyond the Contractors control.
4.1 We offer an establishment guarantee of 90 days on all stock we have supplied and planted.
4.2 Our guarantee policy:
(a) The above establishment guarantee is subject to certain conditions described below. In the rare
occurrence of plant failure we will do our utmost to replace the plant with one of the same specifications. Where exact replacements are not available an alternative choice will be offered. We will remove the original plant and replant the new one in its place at no extra charge.
(b) All trees must be secured using a stake and tie at the time of planting.
(c) This warranty does not cover malicious damage, vandalism and/or failure by the client, his
employees/staff or subcontractors to provide adequate water to the plant(s) during the course of the warranty period. Acts of God such as storm, excessive wind, flooding, drought, earthquake and the like are not covered by the warranty.
(d) For plants that are selected by the customer or the customer’s agent that are unsuitable for the soil,
location or conditions in which they are planted, this guarantee does not apply. We will always try to advise as accurately as possible however all advice given is given to the best of our knowledge and without a site visit.
(e) Damage by pests, animals and diseases are not covered.
(f) At no time will The Company be responsible for more than the value of the original plant(s) and
delivery.
(g) All sale items are sold without this guarantee. This includes sale items planted by us.
4.3 We will do our best to plant where the customer instructs us to however if planting is attempted and deemed not possible due to, including but not limited to, underground obstructions, inappropriate planting conditions or roots, we will discuss this with the customer. Should we be unable to make contact then the customer will become liable for any re-delivery and/or re-planting charges.
5. HARDY PLANT GUARANTEE
5.1 All hardy plants purchased (excluding sale goods) are guaranteed for the first 90 days from
purchase against failure due to unidentifiable causes subject to:
(a) The company being advised at the first sign of any problems and as a result inspecting the plant if
necessary.
(b) Plants and Trees must be suitably irrigated in order to be covered by the guarantee.
(c) Plants planted between the months of December – March will not be covered under this warranty.
6. ENTIRE AGREEMENT
6.1 These terms, and any documents referred to herein, constitute the entire agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. 34.2 The Client acknowledges that, in entering into this contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this contract or in the documents referred to in it. 34.3 The Client and the Contractor agree that all liability for and remedies in respect of any representations other than those expressly set out in this contract or the documents referred to in it are excluded (except always that nothing in this clause or elsewhere in these terms shall seek to limit liability for fraudulent misrepresentation(s)).
Project Clarifications:
1. Dirt Prep/ Fine Grading: Areas to be seeded are to be received within one (1") inch of final grade (rough grade to be provided by others unless otherwise agreed upon in writing). Compaction will be relieved by ripping the soil in two directions. Rock & debris removal to include removal of debris and rocks one (1”) inch or larger from the surface of the soil. Soil will then be smooth graded to accept seed. GreenPro Services is unable to remove rocks or debris below the surface level of the prepared soil. Once initial seeding has taken place, any additional rock or debris removal will be subject to additional charges.
2. Grass Seed Application: A 80% Turf Type Fescue, 15% Perennial Ryegrass, and 5% Kentucky Bluegrass seed mixture will be installed at a minimum rate of 350 lbs. per acre unless otherwise specified in project specifications referenced above. Seed will be pressed into the top 1/4" of soil. Watering of seed areas is the responsibility of the client.
2.1 This warranty does not cover malicious damage, vandalism and/or failure by the client, his
employees/staff or subcontractors to provide adequate water to the plant(s) during the course of the warranty period. Acts of God such as storm, excessive wind, flooding, drought, earthquake and the like are not covered by the warranty.
3. Starter Fertilizer Application: A 14-28-10 slow release fertilizer be installed at time of seed application. Fertilizer to be applied at a rate of 300 lbs. per acre unless otherwise specified in project specifications referenced above.
4. Sod Installation: Areas to be sodded are to be received within one inch of final grade (rough grade to be provided by others unless otherwise agreed upon in writing). Finish grade to consist of smoothing final grade and removing debris and stone larger than one inch (1”) in diameter from the surface of the soil. All edges along hardscape surfaces will be edged to accommodate sod. Watering of sod after installation is the responsibility of the client. Sod is a non-warranty product and the responsibility of the client once installation is complete.
5. Watering: Watering is the responsibility of the client or client representative.
6. Limited Guarantee: Scarff’s Nursery & Landscape guarantees to use only high quality, certified products in our seeding process. Scarff’s Nursery & Landscape guarantees seed germination in 21 days if watering instructions are followed. Scarff’s Nursery & Landscape will re-seed any areas that do not germinate properly, for up to 30 days, from initial seed installation because of product or workmanship failure. Any bare areas due to improper watering, runoff from hard surfaces, vandalism, or acts of
God are not covered under written warranty. It is understood and agreed that the recipient of proposal, whether signed or not signed, agrees to above warranty once work has commenced. GreenPro Services does not warranty seeded lawn to be immune from weeds, fungus, or disease; any such conditions will void (are not covered under) warranty. This warranty is for thirty (30) days from seed installation. Scarff’s Nursery & Landscape requests warranty claims to be made in writing for warranty consideration.
Scarff’s Nursery & Landscape will not be responsible for neglect, acts of nature or situations beyond our control.
1. THE SCOPE OF THE WORK:
1.1 The contractor (Ohio Nursery Exchange) shall carry out and complete the landscape work described in the Contract documents in a good and workmanlike manner. He shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and drawing, the description contained in the specification shall prevail over the drawing.
2. PLANTS ON SITE
2.1 Plants delivered to site become the responsibility of the Client, and the Contractor accepts no
responsibility for loss, damage or expense after delivery of the materials to site for any reason, including
pilfering while materials are on site during the course of the contract works, where such losses are beyond the Contractors reasonable control.
2.2 All plants brought on site by the Contractor, which prove to be in excess of his requirements, shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.
3. MAINTENANCE AFTER COMPLETION
3.1 The Contractor undertakes to execute the basic requirements for the initial establishment of planting and grass areas, but, following the practical completion of the contract, the responsibility for proper maintenance of the site passes to the Client. (Guidance on maintenance operations will be supplied on request)
4. PLANTING
The Contractor guarantees that all plants and trees will be inherently healthy when supplied. Planting and maintenance guidance is available on request, however responsibility for loss after the first growing season, cannot be accepted since site conditions are beyond the Contractors control.
4.1 We offer an establishment guarantee of 90 days on all stock we have supplied and planted.
4.2 Our guarantee policy:
(a) The above establishment guarantee is subject to certain conditions described below. In the rare
occurrence of plant failure we will do our utmost to replace the plant with one of the same specifications. Where exact replacements are not available an alternative choice will be offered. We will remove the original plant and replant the new one in its place at no extra charge.
(b) All trees must be secured using a stake and tie at the time of planting.
(c) This warranty does not cover malicious damage, vandalism and/or failure by the client, his
employees/staff or subcontractors to provide adequate water to the plant(s) during the course of the warranty period. Acts of God such as storm, excessive wind, flooding, drought, earthquake and the like are not covered by the warranty.
(d) For plants that are selected by the customer or the customer’s agent that are unsuitable for the soil,
location or conditions in which they are planted, this guarantee does not apply. We will always try to advise as accurately as possible however all advice given is given to the best of our knowledge and without a site visit.
(e) Damage by pests, animals and diseases are not covered.
(f) At no time will The Company be responsible for more than the value of the original plant(s) and
delivery.
(g) All sale items are sold without this guarantee. This includes sale items planted by us.
4.3 We will do our best to plant where the customer instructs us to however if planting is attempted and deemed not possible due to, including but not limited to, underground obstructions, inappropriate planting conditions or roots, we will discuss this with the customer. Should we be unable to make contact then the customer will become liable for any re-delivery and/or re-planting charges.
5. HARDY PLANT GUARANTEE
5.1 All hardy plants purchased (excluding sale goods) are guaranteed for the first 90 days from
purchase against failure due to unidentifiable causes subject to:
(a) The company being advised at the first sign of any problems and as a result inspecting the plant if
necessary.
(b) Plants and Trees must be suitably irrigated in order to be covered by the guarantee.
(c) Plants planted between the months of December – March will not be covered under this warranty.
6. ENTIRE AGREEMENT
6.1 These terms, and any documents referred to herein, constitute the entire agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. 34.2 The Client acknowledges that, in entering into this contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this contract or in the documents referred to in it. 34.3 The Client and the Contractor agree that all liability for and remedies in respect of any representations other than those expressly set out in this contract or the documents referred to in it are excluded (except always that nothing in this clause or elsewhere in these terms shall seek to limit liability for fraudulent misrepresentation(s)).
Project Clarifications:
1. Dirt Prep/ Fine Grading: Areas to be seeded are to be received within one (1") inch of final grade (rough grade to be provided by others unless otherwise agreed upon in writing). Compaction will be relieved by ripping the soil in two directions. Rock & debris removal to include removal of debris and rocks one (1”) inch or larger from the surface of the soil. Soil will then be smooth graded to accept seed. GreenPro Services is unable to remove rocks or debris below the surface level of the prepared soil. Once initial seeding has taken place, any additional rock or debris removal will be subject to additional charges.
2. Grass Seed Application: A 80% Turf Type Fescue, 15% Perennial Ryegrass, and 5% Kentucky Bluegrass seed mixture will be installed at a minimum rate of 350 lbs. per acre unless otherwise specified in project specifications referenced above. Seed will be pressed into the top 1/4" of soil. Watering of seed areas is the responsibility of the client.
2.1 This warranty does not cover malicious damage, vandalism and/or failure by the client, his
employees/staff or subcontractors to provide adequate water to the plant(s) during the course of the warranty period. Acts of God such as storm, excessive wind, flooding, drought, earthquake and the like are not covered by the warranty.
3. Starter Fertilizer Application: A 14-28-10 slow release fertilizer be installed at time of seed application. Fertilizer to be applied at a rate of 300 lbs. per acre unless otherwise specified in project specifications referenced above.
4. Sod Installation: Areas to be sodded are to be received within one inch of final grade (rough grade to be provided by others unless otherwise agreed upon in writing). Finish grade to consist of smoothing final grade and removing debris and stone larger than one inch (1”) in diameter from the surface of the soil. All edges along hardscape surfaces will be edged to accommodate sod. Watering of sod after installation is the responsibility of the client. Sod is a non-warranty product and the responsibility of the client once installation is complete.
5. Watering: Watering is the responsibility of the client or client representative.
6. Limited Guarantee: Scarff’s Nursery & Landscape guarantees to use only high quality, certified products in our seeding process. Scarff’s Nursery & Landscape guarantees seed germination in 21 days if watering instructions are followed. Scarff’s Nursery & Landscape will re-seed any areas that do not germinate properly, for up to 30 days, from initial seed installation because of product or workmanship failure. Any bare areas due to improper watering, runoff from hard surfaces, vandalism, or acts of
God are not covered under written warranty. It is understood and agreed that the recipient of proposal, whether signed or not signed, agrees to above warranty once work has commenced. GreenPro Services does not warranty seeded lawn to be immune from weeds, fungus, or disease; any such conditions will void (are not covered under) warranty. This warranty is for thirty (30) days from seed installation. Scarff’s Nursery & Landscape requests warranty claims to be made in writing for warranty consideration.
Scarff’s Nursery & Landscape will not be responsible for neglect, acts of nature or situations beyond our control.