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Plant and Construction Warranty

TerraScapes LLC, warrants plants to be true to name and in healthy growing condition when installed. It is then the responsibility of the owner to supply them with sufficient water, fertilizer and care during their growing season (May to October) to keep them healthy.  Plant material planted in areas that do not have any automated irrigation system will not be warrantied under any circumstances. 
Newly installed landscape plants will suffer transplant shock, particularly during the hot summer months. It is imperative that plants receive proper care, so as to minimize stress. Trees and shrubs are warranted for one year from date of installation, and will be replaced once within the warranty period, should they die. Annuals, perennials, bulbs, ground cover, bare root plants under 4”, plants in containers above ground, client-supplied plants, transplants, grass seed and sod are NOT warranted.  Transplanting, in most circumstances, to insure success we may prune each plant moderately too severely as we see fit before its relocation is started. 
TerraScapes LLC, will make warranty replacements during the optimum planting seasons: spring and fall. Typically, replacements will take place between March 1st through June 30th and September 1st through November 15th. These time frames are subject to change only at the discretion of TerraScapes LLC.
All construction shall, unless otherwise specified, carry a one-year warranty from the date on the invoice on materials and workmanship excluding Improper usage or willful abuse by the Architect/General Contractor, sub-contractors under general contractor or owner and any of their employees, neglected maintenance, misuse, vandalism, theft, physical and or chemical damage, neglect in watering or pest control, or in accounts over 45 days past due from date of invoice. Nor can we warranty due to adverse weather conditions (such as abnormal drought, heat, cold or wet conditions for your area), acts of God or acts of other persons not controlled by the company.
We will not replace plants that are experiencing stress or have "seasonal die-back", when pruning and proper care will restore them to health. Moving landscape plants from their original location will void the warranty. All material is warranted to be as specified and all work is to be completed in a workmanlike manner according to standard practices. Where applicable, manufacturers’ warranty shall apply

Terms and Conditions

Consideration/Payment

In consideration for the Contractor’s performance for services Client agrees to pay Contractor the amount previously agreed to.Invoices will be sent on or about the last day of each month for current month’s services and payment shall be due upon receipt. A late charge of 3% per month shall be charged on all amounts 30 days past due and a $20.00 fee will apply to any returned check.
If we do not receive payment in full by the 30th of the month we will have the right to temporarily terminate services until the balance is paid in full.  Consequently, all unpaid accounts may be taken to small claims court.  You agree to be responsible for our attorney’s fees and court costs.

PRE-LIEN NOTICE TO OWNER. YOU ARE HEREBY NOTIFIED THAT ANY PERSON PERFORMING LABOR ON YOUR PROPERTY OR FURNISHING MATERIALS FOR THE CONSTRUCTION, REPAIR, OR IMPROVEMENT OF YOUR PROPERTY WILL BE ENTITLED TO A LIEN AGAINST YOUR PROPERTY IF HE IS NOT PAID IN FULL, EVEN THOUGH YOU MAY HAVE PAID THE FULL CONTRACT PRICE TO YOUR CONTRACTOR. THIS COULD RESULT IN YOUR PAYING FOR LABOR AND MATERIALS TWICE. THIS LIEN CAN BE ENFORCED BY THE SALE OF YOUR PROPERTY. TO AVOID THIS RESULT, YOU MAY DEMAND FROM YOUR CONTRACTOR LIEN WAIVERS FROM ALL PERSONS PERFORMING LABOR OR FURNISHING MATERIALS FOR THE WORK ON YOUR PROPERTY. YOU MAY WITHHOLD PAYMENT TO THE CONTRACTOR IN THE AMOUNT OF ANY UNPAID CLAIMS FOR LABOR OR MATERIALS. YOU ALSO HAVE THE RIGHT TO DEMAND FROM YOUR CONTRACTOR A COMPLETE LIST OF ALL LABORERS AND MATERIAL SUPPLIERS UNDER YOUR CONTRACT, AND THE RIGHT TO DETERMINE FROM THEM IF THEY HAVE BEEN PAID FOR LABOR PERFORMED AND MATERIALS FURNISHED.