Terms of service and Warranty
Statement Rolling Hills Scapes
Warranties
We will replace or credit all nursery stock supplied and installed by us that fail to survive for a period of one year from the date of invoice. Plants will only be replaced one time at no charge for materials and labor. Replacement plants are not warranted. Liability not to exceed plant value.
The following are expressively excluded from coverage by this warranty: Perennials, Groundcover, other non-hardy plants, bare root plants, plants in containers above ground, client-supplied plants, transplants, grass seed and sod. Transplanting, in most circumstances, is successful. However, to insure success we must prune each plant moderately to severely as we see fit before its relocation is started. Bare root groundcovers under 4” pot size are not warranted.
All construction shall, unless otherwise specified herein, carry a one-year warranty from the date on the invoice on materials and workmanship excluding neglected maintenance, misuse, vandalism, or damage from acts of God. Where applicable, manufacturers’ warranty shall apply. Warranties will be voided in cases of physical and or chemical damage, neglect in watering or pest control, or in accounts over 60 days past due from date of invoice. All material is warranted to be as specified. All work is to be completed in a workmanlike manner according to standard practices.
Conditions
We assume no responsibility for the occurrence of or development of any type of fungus or mold and are not liable for its development or clean up. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and competed in a substantial workmanlike manner for the sum of as noted above with payments to be made as follows: Thirty Days upon Completion. This price does not include any applicable state or local sales tax.
It is the customer’s responsibility to locate, clearly identify, and notify Rolling Hills Scapes of all underground conduits, wiring, pipes, septic systems, etc. Any damage to such underground conduits, wiring pipes, septic systems, etc. shall not be the responsibility of Rolling Hills Scapes. We have the right to substitute any plant under warranty. The landscape contractor shall not be held responsible for concealed conditions such as, but not limited to, rock; water, clay pan, asphalt or any other obstacles encountered which are not apparent at the time of estimating. Customer responsible for permitting and fees associated with permitting and approval from state, county, and city. Customer responsible.
Once material is delivered and installed, the responsibility for disappearance, theft, or vandalism shall be the customer’s. It will be the customer’s responsibility to clear the area to be landscaped of all debris, building materials and any other obstructions, unless Rolling Hills Scapes is contracted to do so. Substitutions of plant material may be necessary due to the availability of certain materials, with the client approval.
All materials installed by Rolling Hills Scapes will be true to name, and up to or beyond industry standards. Plants will be free from disease, insects, and in healthy condition when planted. Proper watering, fertilizing, and pest control are necessary to maintain healthy plant growth. Warranties will be voided in cases of physical and/or chemical damage, neglect in watering or pest control, or in accounts over 60 days past due from the date of invoice. Once installed, we are not responsible for damage from acts of God or extreme weather conditions, theft, vandalism, or disappearance.
Before, during, or after installation, excessive storm damage may cause erosion of mulching and planting areas, dry streambeds and groundcover areas. Rolling Hills Scapes will not be held responsible for storm damage. We will restore the areas to their original condition after signing a work order to approve such restoration.
Hardscape/Pavers
STANDARD TERMS AND CONDITIONS
• All sales are final and returns are not accepted.
• Prices herein do not include any sales or excise taxes.
• Applicable Taxes will be charged to the buyer unless buyer furnishes seller with tax exemption certificate upon PRIOR TO ORDER ENTRY.
• This quote is valid through date specified.
• PURCHASER IS RESPONSIBLE TO DETERMINE ALL QUANTITIES. Purchaser is required to pay for all materials ordered.
• ADD ORDERS are subject to availability, may be filled from a different production run which may have a color variation. Add orders may be subject to additional mold charges, set-up charges, add-on fees, and freight charges.
• RECLAIMED BRICK is sold “AS IS” and are not subject to any industry standards and NO CLAIMS will be accepted should they fail expectations.
• Seller will not be held responsible for delay in shipment of above items if caused by strikes, fires, floods, accident, and delays by carrier, acts of God, or any other reason beyond seller’s control.
• Stated terms will apply to all orders.
• The seller is not responsible for ANY DAMAGES that may occur inside the curb.
• All concrete products have color variations. Natural grey products will show SIGNIFICANT
COLOR VARIATIONS
• Smooth face colored masonry units WILL have color variations.
• Efflorescence is a natural result of a chemical reaction in concrete. It cannot be controlled by Rolling hills scapes and is not the responsibility of Rollinghillsscapes.
• Off-loading charges may apply.
SPECIAL TERMS AND CONDITIONS FOR SPECIAL ORDER MATERIALS:
• Orders may not be cancelled once manufacturing begins.
• Delivery to the job-site is to begin within 30 days after receipt on our yard and 100% of the materials ordered must be delivered no later than 90 days after receipt on our yard.
• Purchaser is responsible for determining all quantities.
• Purchaser is required to pay for all materials ordered.
• 50% Deposit may be required AT TIME OF ORDERING;
• Remaining 50% is DUE PRIOR TO SHIPMENT FROM MANUFACTURER.
• Special Orders may have Mold Charges, Set-Up Charges and Add-On Fees.
Rolling hills scapes assumes no responsibility for risk include but may not be limited to damaged landscaping,sod, damaged fencing, damaged irrigation, decks, gardens and damage to property, asphalt concrete,
Tree services terms and conditions
Midigated risk are associated with tree removal and tree trimming, risk include but may not be limited to damaged landscaping, damaged fencing, damaged irrigation, decks, gardens and damage to property. Tree removal done by storm damage may have already experienced property damage, property damage may occur while removing tree of of structure. Rolling Hills scapes will not be responsible for damages.
Rolling Hills Scapes reserves the right to impose a fuel surcharge to customers.
Rolling Hills Scapes and its advertising/marketing representatives retain the right to photograph the landscape work they have performed for the purpose of their website and/or company marketing materials, without remuneration or reimbursement to the client. No mention of name, address or otherwise personal information will be used in any publication of these photographs, and the photographs shall not be used for any purpose other than for Rolling Hills Scapes personal advertising materials.
A Service Charge of 1.5% per month (18% per annum) will be added to all accounts 30 days or more past due. All plant material, hardscape/paver, and construction warranties will be void after 3days from date of invoice on past due accounts. All unpaid services and breach of contract
All sales final. no refunds of credits will be given . credit card disputes are subject to a $500 admininstration fee plus all necessary attorney and collection fees. customer agrees to pay disputed transactions with cash payment within 24hr period from date of dispute . client agrees to mediation and mediation cost. customer agrees to these terms and conditions by issuing payment or electronic communication.
Subject to lien, collection and legal fees starting at $10,000 USD. All liens or judgements must be paid in full through wire transfer. No checks or credit cards will be excepted to settle lien or judgement. All unpaid services and breach of contract subject to lien. Foreclosure proceedings to commence on all liens not satisfied within 30 calendar days of notification of lien, notice to owner electronic delivery, hand delivered, postal and court delivered. All agreements are contingent upon strikes, accidents or delays beyond our control.
Indemnification
To the fullest extent permitted by law, Contractor, for itself and all parties acting under or through Contractor, shall indemnify and hold harmless.
Customer from and against all claims, damages, suits, losses and expenses of property, or bodily injury resulting from a negligent act on Contractor’s part. Similarly, Customer shall indemnify and hold Contractor harmless from and against all claims, damages, suits, losses and expenses of property damage or bodily injury resulting from a negligent act or omission not caused by Contractor or Contractor’s agents and/or employees.