Terms and Conditions
All clients will receive a customized estimate, comprising a description of work to be done, a
best approximation of cost, and a thorough list of materials necessary for project completion.
Although every effort will be made by the Company to complete the work in accordance with the
agreed upon schedule and in line with the estimated costs, the Client will be liable to pay all
costs arising from the project.
A deposit of 50% of the total estimated cost will be expected a minimum of two weeks (14 days)
prior to the agreed upon start date. Payment for the balance due will be made in weekly stage
payments (draws) or be due in full upon completion, whichever comes first. Any additional
works or cost due to unforeseen difficulties are excluded from this estimate, however Client will
be liable for all costs related to the project, both estimated and unforeseen.
For the purposes of this document, the following definitions apply:
o The Company- shall refer to Crossroads Turf Services
o The Client- shall refer to anyone entering into a contract with the Company, and
may be either a homeowner, property owner, landlord, trust, business, or other
legal entity with such authority as to enter into such contract
o The Contract- shall refer to all estimates for work, all documents for such
estimates, these Terms and Conditions, and any other items that may be included
from time to time
o The Site- shall refer to any such location where the Company is obligated to
perform work for a client
Terms of Business
The following terms and conditions apply to and are incorporated into all estimates and furnished
by the Company, unless expressly modified or excluded in writing by the Company.
1. The Scope of the Work
1.1– The Company shall carryout and complete landscape works described in the
estimate document in a good and workman like manner and 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.
1.2– The contract documents shall contain: the estimate, any specification plans, and
any other document that may be referred to in the estimate. No qualification in any
acceptance issued by the Client shall for part of the contract unless specifically agreed
to in writing by the Company.
1.3– Only items included in the estimate specification are included, however all works will be due for payment. All other requested works are excluded unless expressly agreed to in writing by both parties.
1.4– The Client is responsible for obtaining any necessary planning permissions for the works and the fulfilling of statutory requirements.
2.1– The Estimate is a best approximation, which shall remain open at the appropriate discretion of the Company, in order to correctly complete the work. All work will be paid for at a rate of $150 per hour. (Sub-dividing of time is at the Company’s discretion).
2.2– Any specialized equipment needed for completion may be billed at the prevailing rate to the Client.
2.3– The Company also reserves the right to increase the value of this contract should the date for completion of the contract become impossible to attain for reasons wholly or partly beyond the Company’s control.
2.4– Acceptance of the estimate constitutes the acceptance of these terms and conditions. This represents a binding contract between the parties. It should be noted by the Client that any attempt to cancel by the Client will involve the Client being liable to a cancellation fee and any loss of expenses incurred as a result at the discretion of the Company. (Up to a maximum of 50% of the total estimate. )
3. Contract Sum and Payment
3.1– The Client accepts that he/she will pay the Company the full contract sum (all costs incurred) together with any other taxes, fees, or assessments related to the completion of the project.
3.2– All accounts are net and do not provide for any discounts or retentions.
3.3- Payment for balance owed will be due in weekly stage payments (draws) or in full at project completion, whichever comes first. The Client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.
3.4– Subject to section 3.6 hereunder and unless otherwise stated, payments are immediately due on receipt of invoice.
3.5– Interest will be charged from the due date of payment of all invoices at 1.5% per day, until the balance is satisfied.
3.6– Materials must be purchased in advance and will be part of a deposit to be 50% of the total payable, remitted a minimum of two weeks (14 days) in advance of project start date. If this, or any invoices are not paid within seven (7) days of being presented, the Client will be deemed to be in breach of contract. The Company will then be entitled to cease work and remove all materials remaining unused on the site and recover from the Client his whole loss and expenses arising out of the said default by the client.
3.7– The Company will only ask for the estimate price, unless there are any unforeseeable difficulties, or the work has been increased. In either case, all works will be paid for by the Client.
4. The Site
4.1– The Client warrants that the work site is free of underground problems, including pipes, cables, stumps, sewage drains, springs, and waste materials. Where problems are found underground, the Company shall be entitled to charge for additional work necessary and properly executed by the Company to complete the work.
4.2– The Company shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by improper usage.
5. Delay Disruption
5.1– The Company undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed upon. Under no circumstances shall the Company incur any liability to the Client for any untimely performance.
6. Materials On-Site
6.1– Materials delivered to the site become the responsibility of the Client. The Company accepts no responsibility for loss, damage, or expense after delivery of materials to the site for any reason.
6.2– Any material brought to, or removed from the site, excess to the Company’s requirements, remains the possession of and removable by the Company, who shall have rights to enter the site for that purpose.
7. Maintenance After Completion
7.1– The Company undertakes to execute the scope of this contract. The proper maintenance of the site however passes to the Client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the Company.
8. Acting Agents
8.1– The Company has no responsibility, or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to start the start of any Contract. It is the responsibility of the Agent to bring these terms of business to the attention of the Client.
9.1– The Company guarantees that plants and trees supplied will be inherently healthy when planted. Responsibility cannot be accepted for loss after practical completion since subsequent site conditions are beyond the Company’s control.
9.2– The Company accepts no responsibility for the health of existing plants to be moved during the Contract.
9.3– The Company guarantees that grass seed supplied has been tested with current industry guidelines and is deemed to be of good quality. It should likewise be understood by the Client that a sward cannot be made in one season and seed cannot be eradicated when the Company takes to cultivate land. The Company cannot therefore take responsibility for regrowth.
9.4– The Company accepts no liability for any negligent act, omission, or any default under this Contract, unless specifically agreed in writing.
9.5– Any structural or appearance of finished features is at the discretion of the Company, unless agreed in writing by the Client or Agent prior to the start of works.
Where a written specification for the appearance of a feature is provided to the Company, it is the responsibility of the Client or Agent to request a small sample of this finished works prior to the start of that specific feature. The Company is not liable for any works necessary as a consequence of such an omission. This applies to both Client and Agent.
10.1– This Contract shall be regarded as legally binding by both Client and Company upon the acceptance of any estimate by the Client.
11. Disputes and Refunds
11.1– Any dispute, question, or difference arising from under or in connection with this Contract shall in the first instance be submitted to adjudication in accordance with section 11.2 and thereafter to the exclusive jurisdiction of Iredell County, North Carolina.
11.2– The Client and the Company shall have the right to have the dispute or difference referred to such arbitration or mediation as the parties may agree on, and agree, through acceptance of this contract, to be bound by such decision as the mediator or arbitrator may elect to render. Any dispute, difference, or complaint involving the Company, remains the sole jurisdiction of Iredell County, North Carolina.
11.3– The Company shall process all refund requests within 10 days of such a request by the client if no work has been preformed as of the refund request date. Refunds that are requested after materials have been ordered will be processed after material orders are canceled and credits have been made from the vendor back to the Company.