|
Agreement made this day by and between Palmscapes, hereinafter referred to as PALMSCAPES, and party listed on invoice/estimate, hereinafter referred to as “Customer”. In consideration of the mutual covenants contained herein and the consideration to be paid by Customer to PALMSCAPES, it is agreed as follows:
1. This document becomes a binding contract on PALMSCAPES and Customer when Customer makes a payment; either deposit, partial or full payment.
2. Payment is to be made in U.S. currency in Hillsborough County, Florida.
3. Customer agrees to pay in full the price listed on the estimate/invoice of this contract. Balance of invoice is due upon completion of work. In the event that payment is not made within seven (7) days of completion, interest shall accrue on the unpaid balance at a rate of 18% per annum until the contract is paid in full as this shall be considered a default and PALMSCAPES shall be entitled to recover the full amount of the invoice plus interest. In the event it becomes necessary for PALMSCAPES to take collection action, Customer agrees to pay all costs of collection including reasonable attorney’s fees and costs.
4. The parties agree that in the event it should become necessary for PALMSCAPES to secure the services of an attorney for enforcement of this contract that PALMSCAPES is entitled to recovery of attorney fees. The parties agree that the venue for such litigation shall be in Hillsborough County, Florida, and shall be governed by the laws of the State of Florida.
5. Customer agrees to allow PALMSCAPES to operate equipment on Customer property in a reasonable manner. PALMSCAPES is not responsible for cracked sidewalks, driveways, and ruts or grass damage.
6. All work shall be completed in a professional manner in accordance with National Standards.
7. The parties agree that all measurements and/or specifications in the contract are approximate and agree to at least a 10% tolerance or variance on said measurements.
8. Customer agrees to clearly mark and advise PALMSCAPES of any underground obstructions or installations. For purposes of this contract, underground obstructions or installations include but are not limited to all underground objects, utility pipes, cables, foundations, sewer pipe, unmarked sprinkler pipe and sprinkler heads. Repairs may be charged by PALMSCAPES at a reasonable cost to cover labor and materials.
9. Materials used to complete the work mentioned in this contract shall remain personal property of PALMSCAPES until the contract price is paid in full. In the event the Customer fails to pay the contract price PALMSCAPES shall have the rights to peaceably repossess and remove all materials installed by it on the premises. Customer further agrees that PALMSCAPES shall have all the rights of a secured party, as the same defined under the Florida Uniform Commercial Code, and the said rights shall be cumulative and in addition to any other rights which PALMSCAPES may have in accordance with Florida Law.
10. PALMSCAPES is not responsible for any loses incurred by Customer due to acts of God, nature, war, strikes or circumstances beyond the control of PALMSCAPES to include but not limited to: storms, freeze, drought, insects and disease.
11. PALMSCAPES may, at its discretion, engage sub-contractors to perform work and shall fully pay sub-contractor, and in all instances PALMSCAPES shall remain as the contractor, responsible for the proper completion of work contracted for.
12. If permits are required, PALMSCAPES shall be reimbursed for fees and time required in gaining the permits.
13. PALMSCAPES warrants all trees and palms for no more than six (6) months from the time of installation, and landscape plants for no more than three (3) months from the time of installation. Sod is warranted for no more than 30 days. This warranty is valid only when Customer has used an irrigation system acceptable to PALMSCAPES, such as drip irrigation, with the use beginning immediately after installation of tree(s), palm(s) or plant(s).
14. Should any section of this contract become unenforceable, at the option of PALMSCAPES, the contract may be cancelled or the non-compliance section shall be void and all remaining sections of the contract will remain in force. The Customer agrees to be responsible for work performed up to the time of cancellation, or the time of change, and it is agreed that any changes shall be incorporated into the contract.
|