Elmwood Landscape Standard Terms and Conditions

Last Revised: 1/5/2025

Standard Terms

• By signing through Jobber or on paper, you agree to these terms.

 

Payment Terms

• For projects under $5,000:

  • 50% of the total project cost is due before the project begins.

  • 50% is due upon completion (less any scheduling fees).

• Standard scheduling deposits for projects under $5,000:

  • $250 deposit, or 50% of the total paid through the Jobber portal.

• For projects exceeding $5,000:

  • A $1,000 scheduling deposit is required to hold a calendar spot.

  • Payment schedule to be determined by the project manager.

  • Initial 50% progress payment must be received at least 7 days before the project start date.

• For hourly projects or additions to existing work require hourly billing.

• The Contractor's hourly rate is $65 per worker, and applies to all time spent on labor, preparation, and cleanup associated with the project or change order.

• Billing will be calculated in minimum increments of thirty (30) minutes, meaning any portion of time worked within the increment will be rounded up to the nearest increment.

• The hourly rate covers labor only and does not include materials, equipment rental, or other additional costs, which will be itemized separately in the invoice.

• Any changes to the agreed-upon hourly rate will require prior written approval by both parties.
   

• For projects exceeding $75,000.00 a custom payment schedule will be determined that is best suited for your project. 

 

 

Payment Authorization

• By accepting the provided quote or making a deposit, you authorize us to charge the credit card on file for any progress payments or outstanding balance.

 

 

General Terms

• Elmwood Landscape ("Contractor") will use best industry practices to complete the project in a reasonable timeframe and to the client’s satisfaction.

• Any items not stated in the contract must be discussed with the contractor before the project starts.

 

Invoices and Payments

• Payments are due upon receipt of the Contractor's invoice (sent via mail, hand delivery, or email).

• Deposits are non-refundable in the event of project cancellation.

• Unpaid invoices:

  • Considered past due after 30 calendar days.

  • Will accrue interest at 5% per month, $60, or the maximum permitted by law (whichever is greater).

  • Payments will first apply to accrued interest, then to the principal balance.

 

Invoice Disputes

• Must be submitted in writing within five (5) calendar days of receiving the invoice.

• Failure to notify within this timeframe results in the invoice being considered satisfactory.

• Undisputed portions of the invoice must be paid as outlined.

• Client is responsible for attorney’s fees, court costs, or other costs incurred by the Contractor for collection of delinquent accounts.

 

Work Suspension and Termination

• Contractor reserves the right to suspend services if payments are not current.

• Clients cannot terminate the contract if payments are not current..

 

 

Warranties

• Warranties are not included except for sprinkler systems.

• Optional warranties may be purchased before or at project completion.

• Warranties are void if:

  • Payment is not current.

  • Modifications are made by other contractors or the property owner.

 

Specific Warranty Exclusions

• Sod: No warranty is provided. The homeowner assumes responsibility for care and maintenance upon installation. *One (1) weed treatment will be provided by the sod supplier, in the event they find the weeds originated from the farm itself.

• Plants:

  • No standard warranty is provided. The homeowner assumes responsibility for care and maintenance after work is complete.

  • Warranty void if plants die due to neglect, lack of water, or animal disturbance.

• Sprinkler Systems:

  • Guaranteed for one year from installation provided that the system is winterized by Elmwood.

  • If not winterized by Elmwood, warranty is limited to October 15th of the installation year.

 

Progress Payments

• Due immediately following work milestones.

• Failure to make a progress payment within 5 days:

  • Work will stop.

  • A $100 service fee will apply, which must be paid with the remaining payment to continue work.

• The final payment is required to be paid if details or touch up items are less than  $1,000

Service Disputes

• Must be submitted in writing via letter or email, with photos and detailed descriptions.

• Contractor has 30 days to resolve the dispute.

• Disputes do not stall payments.

 

Project Termination

• Clients may terminate the contract with 30 days’ written notice.

• Any prepaid funds are non-refundable.

• Services rendered are billed based on the percentage of work completed at termination.

 

Change Orders

• Must be signed before modifications to the work are executed.

• Each change order incurs a $100 processing fee.

• Payment for change orders is due immediately upon signing.

• Change orders automatically authorized when work on the scope of the change begins.

 

Contingency Funds

• Used for unforeseen circumstances.

• Prepaid unused funds are returned within 15 business days.

 

Material Policies

• Prices are subject to market changes and adjustments.

• Restocking fees and labor ($65 per man-hour) apply for material changes requested after delivery or installation.

• Excess materials remain Elmwood's property.

• Clients are charged only for the amount specified in the contract unless additional material is required.

 

Cancellation Policy

• Clients may cancel up to 21 days before the project start date.

• If canceled within 21 days, a $500 fee will apply.

 

Additional Charges

• Fees apply if delays or damages occur due to third parties.We will backcharge the damaging party.

• Soil testing or engineering issues requiring additional work incur extra charges.This is often unknown until work is in progress.

 

Payment Terms

• NSF checks incur a $50 fee.

• Changes to material after project start incur a 10% change order fee.

• All sales are final; no refunds.

• Credit card payments incur a 3% fee.

 

Construction and Site Safety

• Construction sites and equipment are hazardous; entering is at your own risk.

• Utility line damage due to incorrect markings is not Elmwood’s liability.

• Clients are responsible for marking non-public utilities and property lines. (i.e. irrigation, invisible fencing, satellite lines, etc.) before work commences, and assumes responsibility for any damages caused to unmarked lines.

• Elmwood will have a location service mark all utility locations before the project begins. Please make every effort not to disturb these markings, as it is crucial for Elmwood to have accurate information about their placement during the project.

 

Dispute Resolution

• Mediation in Utah is required for disputes before pursuing legal action.

• Each party bears their own mediation costs.

• In the event of any dispute or claim arising out of or relating to this contract, including any question regarding its existence, validity, or termination, the parties agree to first attempt to resolve the dispute through mediation administered by a mutually agreed-upon mediator.

• The mediation shall be conducted in the state of Utah and shall be governed by the rules and procedures of Utah In the preferred mediation institution  Each party shall bear their own costs associated with the mediation, including their own attorney's fees, if any.

• If any party refuses to mediate or if mediation does not result in a resolution of the dispute within 120 days, either party may pursue other remedies available under applicable law after that date.

 

 

Unforeseen Items

• When providing a concrete demolition estimate, the price is based on standard 4-inch thick concrete without rebar.

• For demolition work, it is assumed that no rebar removal will be required, with rebar spaced no closer than 16 inches apart and no larger than ½ inch in diameter. The quoted price for concrete demolition also assumes the absence of wire mesh within the concrete. If rebar or wire mesh is present, additional charges will apply. Unless explicitly stated in your quote, it is assumed that no rebar or mesh is anticipated.

• If any utility lines are damaged during excavation, demolition, or installation due to incorrect markings, Elmwood will not be held liable. In such cases, an agreement will be reached between Elmwood and the client to address the issue. Utility lines may include, but are not limited to, gas, electric, Comcast, cable, telecommunications, Google Fiber, and power.

•  It is the responsibility of the property owner to mark property lines prior to the start of work. Elmwood assumes no responsibility or liability for improperly marked property lines or survey errors. If access through a neighboring property is required, it is the client's responsibility to obtain legal, written, and /or verbal authorization to proceed.

• Any unknown objects encountered underground or above ground, or circumstances that may stop or delay work will be considered  extra work and are not covered under the original contract. Examples include, but are not limited to; boulders, large roots, construction  footings, stumps, utilities, groundwater springs, etc. Additional work will be billed for these items if they occur.