Terms & Conditions
Payment Schedule:
20% due on acceptance of proposal:
40% due on project commencement:
30% due at halfway completion:
10% due on completion:
Work area pricing is subject to change if all options are not elected
Warranty
WARRANTY IS NULL AND VOID IF PAYMENT SCHEDULE IS NOT FOLLOWED AS PER CONTRACT.
All construction shall be guaranteed for a period of one (1) year from installation unless otherwise specified in writing. Guarantee shall cover labor and materials but shall not cover normal reactions of materials, such as fine cracks in concrete products or “checking” or warping of wood products.
Dry stack rockwork: Dry stack rockwork will, over time, require routine maintenance by the owner, due to frost and thaw heaves. Change in grades by others can cause failure due to water-flow changes. The contractor will insure proper drainage and a stable wall upon completion. Any change in grade forfeits contractor’s responsibility.
Mortar work (brick and rock) will have a solid footer and weep holes to decrease hydrostatic pressure. Change in grades by others can cause failure, due to water flow changes. This contractor will insure proper drainage and a stable wall upon completion. Any change in grade forfeits contractor’s responsibility. The width, length, and height of wall determine square footage.
Concrete/ Stone Pavers: Work is only guaranteed from settling if we install the recommended base, according to the manufacturer’s specifications. We make no guarantee on the color of the concrete pavers. Colors appear brighter in the brochures, and colors will fade over time. We will lift any settled pavers after the first full season, if necessary. Once the pattern is determined and the work has begun, there will be no changes without a written change order.
Segmented Retaining Walls: Work is only guaranteed if we install according to the engineer’s or manufacturer’s specifications. If an engineered wall is necessary, it is the responsibility of the owner to have it engineered.
Ponds and Waterfalls: Waterfalls wind drift, mist spray, and normal evaporation cause some water loss. Unless we install a water float valve to maintain proper water level, we CANNOT GUARANTEE the pond will work to your satisfaction. Ponds are high maintenance and may require routine cleaning for the feature to work properly. We will warrant against leaks caused by us. Water features and ponds should be considered a potential danger to children and small animals. It is our intent to make you aware of these potential dangers.
Plantings: All plantings as indicated will be guaranteed as follows: Trees and shrubs for 90 days, unless otherwise specified. Where plants die, replacements will be made with plants of the original size and quality as previously specified (or installed, if not specified) at no cost to the owner. One replacement for each plant that dies will be made. No guarantees shall be given for bulbs, roses, annuals, perennials, grasses, seed and sod, potted or tubed plants, bedding plants, ground cover, or plants specified but not growing in their normal growing climate zone or region. Transplanted plants from the site have no guarantee, though every precaution will be made to assure their survival. The guarantee above will not apply where plants die because of chemicals, animal damage, vandalism, fire, inadequate drainage, poor soil conditions, over watering, under watering, storms, hail, drought, insects, disease, exceptional or untimely freeze, or other natural occurrences; strikes, riots, or other similar commotion; or by any other contingency or cause beyond the landscape contractor’s control. Theft of plants or materials after they are placed on the site will be the owner’s responsibility.
The owner hereby agrees that for the guarantee to be effective, he/she will water thoroughly at least twice a week during dry periods, cultivate beds lightly, and weed beds at least twice a month, at a minimum. The landscape contractor reserves the right to change a specified plant(s) due to the unavailability of a certain color or species at the nurseries. The closest match will be made at the landscape contractor’s discretion.
GENERAL AND COMPENSATION
In consideration for the services rendered by Kennedy Exterior Design, customer shall pay amount owed, as shown on receipt, payable to Kennedy Exterior Design. These payments are to be made upon demand with deposit as stated above at contract signing. KED reserves the right to demand interim installments upon substantial completion of separated projects. Balance of contract amount is due upon substantial completion of all work under contract. “Substantial Completion” is defined as the point at which the project is suitable for its intended use, or the issuance of an occupancy consent or final permit sign-off from the Building Department, whichever one of the aforementioned events occurs first. Owner may hold back 150% of the value of all punch list work from final payment to contractor to assure that all punch list work is performed in a timely manner.
Workmanship: All operations shall be completed in a substantial and workmanlike manner. Drawings and details are to serve as a guide and shall be followed as closely as is practical, but minor on-site adjustments may be made. Any measurements mentioned in the job description are subject to a 10 percent (10%) variance.
Revision: This proposal is subject to revision if not accepted within thirty (30) days, as the availability of many materials is not constant. This proposal is based on the current price of labor and materials and can be adjusted after a thirty (30) day period for any unanticipated increases in same.
Concealed Contingencies: This proposal is subject to an extra charge for concealed contingencies, such as rock, debris, poor drainage situations, etc., not readily apparent in estimating the materials and work specified. This contract is based on all grades being within one-tenth of one foot to finish grade prior to the landscape contractor starting work unless otherwise stipulated herein. This contract does not include additional fill dirt from off-site as may be necessary to establish the proper grade unless otherwise stipulated herein.
Underground Marking: It will be the responsibility of the owner or representative to have all underground utilities; including drain lines, septic systems, and anything else that may be damaged, clearly marked by a worker of the respective company involved. For your convenience, the contractor may call Utility Marking Company to have all utilities marked. The contractor will notify you to make the call approximately two weeks prior to starting date. If you have a septic system, the location will be marked on your home’s plat. Please give a current copy of plat to the contractor. If this is not done prior to our starting date, any damage to the utilities mentioned above will be the responsibility of the owner or representative.
Kennedy Exterior Design reserves the right to cease providing services for failure of customer to pay KED upon receipt Customer shall be given ten (l0) calendar days in which to cure any past due amounts. If customer should fail to cure past due amounts within the ten (l0) day period, customer accounts will be charged 2% fee per month as interest on debt maintenance and all warranties shall be considered null and void.
Warranty of workmanship indicates that all work was performed in accordance with manufacturers specifications and in accordance with BOCA building codes for area. Kennedy Exterior Design cannot warranty faults in manufacturers quality or natural occurrences (Major storms, etc.)
Any manufacturer defects in materials shall be addressed with the manufacture directly. Kennedy Exterior Design is not responsible for such matters.
Kennedy Exterior Design, upon any and every breach of this Agreement, hereby authorizes and empowers any attorney of the commonwealth of Pennsylvania, to appear for and enter judgment against Customer for such amounts as may at any time be due, together with costs of suit, release of errors, without stay of execution, and with l5% added for collecting fees.
Customer, if dissatisfied with the quality of Kennedy Exterior Design’s services, shall notify KED in writing within five (5) days after particular service is performed. The contractor will rectify any issue inclusive to the contract to ensure customer satisfaction.
Change Order Note: All jobs are done as specified and any request for additional work or changes will require a signed Change Order. If you do not receive a signed copy of the Change Order, assume that the foreperson did not notify the office, and please call us. It is our goal to make you a satisfied customer. The foreperson is responsible for your job and is capable of doing the work. Foreperson will be familiar with your particular job and will be able to answer your questions. In some cases, the foreperson will be able to write up a Change Order form for requests for additional work or changes in existing work.
Right to Authorize Job: You warrant that you have full legal right to authorize us to perform the job at the location described above.
WORK AS SPECIFIED: THERE ARE NO OTHER WARRANTIES MADE BY THE CONTRACTOR, WHETHER EXPRESSED OR IMPLIED, OTHER THAN SPECIFICALLY IN THE CONTRACT HEREIN. FURTHERMORE, THE OWNER EXPRESSLY WAIVES ANY IMPLIED WARRANTIES OR ANY OF THE MATERIALS DELIVERED BY THE CONTRACTOR AND FURTHER SPECIFICALLY AGREES THAT THE CONTRACTOR SHALL NOT BE RESPONSIBLE FOR ANY ACTION OR CLAIM FOR DAMAGES ALLEGEDLY ARISING OUT OF ANY SUCH HIDDEN DEFECTS AND / OR UNDER STATE LAW OF REDHIBITORY VICES AND/OR DEFECTS.
LIABILITIES.
Kennedy Exterior Design hereby expressly disclaims any and all liability arising from any injury, personal or economic, occurring on Customer's property, other than those injuries caused by KED’s intentional, reckless, or negligent conduct.
TERMS.
This contract is based solely on observations the contractor was able to make with the property in its current condition at the time the work was bid. Some conditions cannot be identified until such time as the construction process begins. If additional concealed conditions are discovered once work has commenced which were not visible at the time this proposal was made, Kennedy Exterior Design will point out these unforeseen concealed conditions to the owner so that the owner can execute an agreement for any additional work.
Any alteration or deviation from the scope of work referred to in the contract documents involving extra costs of materials or labor will be executed upon a written agreement by calling management at office by the owner and contractor before commencement of additional work by the contractor when possible. This agreement will become an extra charge over and above the lump sum contract amount referred to at the beginning of this contract.
ADDITIONAL TERMS.
A. This agreement has been negotiated and executed in the Commonwealth of Pennsylvania, and the law of that Commonwealth shall govern its construction and validity.
B. Customer shall be responsible for any and all injuries, economic, personal or otherwise, which may occur on the property covered by this agreement due to customer's intentional, reckless or negligent actions or omissions.
C. Customer warrants that at the time of this agreement, he/she has a legal right and privilege over the property covered by this agreement.
D. Kennedy Exterior Design shall not be responsible for any incidental or consequential damages arising from this agreement. (I.E. but not limited to dust, vibrations from equipment, noise from equipment, etc.) All loose items should be secured or removed prior to work involving vibration or banging such as the process of excavation, compacting with vibratory equipment or jack-hammering.
E. The rights and obligations of Kennedy Exterior Design under this agreement shall insure to the benefit of and shall be binding upon Customer and his/her successors and assigns.
F. Customer is responsible for any engineering required and the cost of additional work or plans requested by the municipality permit department and to obtain any and all required permits unless otherwise noted in contract.
G. Not included in this contract is the cost of any; excavation or removal of any rock .5 cy or larger, or ledge rock by any method. Including chipping, drilling, splitting, ripping, hammering, blasting, or chemical agent either by hand work or machinery.
H. Any additional labor or cost involved with unforeseeable issues that may arise such as unmarked utilities, unfavorable soil conditions, etc. is not inclusive in this agreement.
I. Material pricing escalation clause: Contracted material pricing is subject to change if regional/ national material prices increase greater than 5% due to industry pricing surges, shortages, tariffs or other uncontrollable circumstances.
J. Customer reserves the right to rescind this contract within three business days of the signing date as per the Pennsylvania Home Improvement Contractor Protection Act.
K. Customer hereby gives consent to Kennedy Exterior Design to photograph the property and project for marketing and other purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Agreement the day and year first above written.