Terms & Conditions
These Terms & Conditions apply to any work performed and materials supplied by EDL (“Contractor”) and are incorporated into the estimate/invoice (“Invoice”) provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s signing of the Invoice, the Invoice, together with these Terms & Conditions, form a binding contract between the parties.
ARTICLE 1 – Scope of Work
The Contractor shall carry out and complete landscape works described in the Invoice in a workman like manner and shall have no obligation to
execute any additional work unless otherwise agreed in writing between the parties or as may be identified in the change order.
ARTICLE 2 – Permits
The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by Contractor under the Invoice (both governmental and private). Customer represents and warrants to Contractor that all permits and consents have been obtained prior to the scheduled commencement of any work and that the work contained in the Invoice is permitted by all applicable law.
ARTICLE 3 – Invoice
The Invoice provided for landscaping or any other services is valid for 30 days from the time made by Contractor. Acceptance of the Invoice
expressly constitutes acceptance of these Terms & Conditions and represents a binding contract between the parties.
ARTICLE 4 – Warranty
EDL only uses workmen who are trained and experienced in the skills necessarily to satisfactorily complete the project as specified. All work will be completed in a workmanlike manner according to standard industry practice. Final prices are subject to issuance of a work order which may vary based upon the specific general conditions of the project. A Specific Warranty for each service and/or product are defined as set forth on the EDL webpage at Executivedesignslandscaping.com.
THE WARRANTY SET FORTH IN THIS ARTICLE 4 IS STRICTLY LIMITED TO ITS TERMS AND IS (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
ARTICLE 5 – Payment
Payment in the amount of 50 % will be provided to the contractor prior to the commencement of the work at the contract signing. The final balance will be paid promptly upon full and satisfactory completion of the work. If Customer fails to make payment within 14 days of the due date, the past due balance shall accrue interest at the annual rate of 18% or the highest rate permitted by, whichever is lower.
ARTICLE 6 – Customer Obligations
The Customer warrants the site is free of underground condition including, without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains and waste materials except as specifically disclosed to Contractor prior to the signing of the Estimate. Where latent/underground problems exist, the Contractor shall be entitled to charge for additional work/supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied.
ARTICLE 7 – Delays/ Disruption
The Contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the Contractor incur any liability to the Client for any untimely performance. The Contractor shall not be held responsible for any delays caused by weather which make contract execution impossible unless specifically noted in the invoice.
ARTICLE 8– Legal Terms
This Agreement shall be governed by and construed in accordance with the internal laws (and not the laws of conflicts) of the state of Colorado. The Parties agree that the courts in Douglas County in the state of Colorado, shall be the only appropriate forum for any legal action or proceeding arising out of or relating to this Agreement, and waive any objection to such forum. If prevailing, EDL shall be awarded reasonable costs and attorney fees.
I. Dispute Resolution If, at any time during the term of this Agreement, a disagreement, dispute, controversy, or claim should arise out of or relating to the interpretation of or performance under this Agreement, or the breach of invalidity thereof, the parties will attempt in good faith to resolve their difference. If the parties cannot resolve the disputed matter within 30 days, the parties agree to submit and have the dispute resolved by binding arbitration with an arbitrator agreeable to both parties in the area of Parker CO and if no agreement can be reached, then an arbitrator shall be selected under the rules of the American Arbitration Association. The Colorado Rules of Civil Procedure shall apply unless agreed otherwise.
A. No amendment or modification hereof shall be valid or binding upon the parties unless made in writing and signed by all parties hereto.
B. This Agreement embodies the entire understanding of the parties with respect to the subject matter hereof and shall supersede all previous communications, representations, or understandings, either oral or written, between the parties relating to the subject matter hereof. This Agreement may only be modified by a writing signed by both parties.
C. By Signing the Estimate and giving a deposit. Customer assumes all conditions and Terms unless otherwise stated on such agreements.