TLC Terms of Service – Landscape Install
Tyler’s Lawn Care General Terms and Conditions
Invoicing Details (Landscape Install Projects):
· All Landscape projects require a 50% deposit prior to the work beginning.
· The remaining 50% is due upon completion of the job.
· All payments are due upon receipt.
· Payments are accepted via: Visa, MasterCard, or Interac E-Transfer (Please reference Invoice #)
Invoicing Details (Landscape Maintenance Projects):
· All Landscape maintenance projects are invoiced upon completion of the job. Payment is due upon completion.
· All payments are due upon receipt.
· Payments are accepted via: Visa, MasterCard, or Interac E-Transfer (Please reference Invoice #)
General Jobsite Conditions:
· No other party other than a Tyler’s Lawn Care employee or authorized representative may interfere with the progress of work on a jobsite. Additionally, customers must remain in a safe location and at least (50) fifty feet away from all equipment and machinery while project construction is taking place unless they are being escorted by a representative of Tyler’s Lawn Carr.
· Customer agrees to hold Tyler’s Lawn Care harmless in the event of any injury as a result of being within 50 feet of the project location.
· Tyler’s Lawn Care may elect to leave project related equipment, tools and other items on-site and overnight while work is being completed on the project. No other party other than a Tyler’s Lawn Care employee or authorized representative may utilized any of these items, nor shall they allow any casual play in or around heavy equipment or machinery.
· Tyler’s Lawn Care conducts work Monday through Friday between the hours of 7:30 am and 7:00 pm. In some circumstances, Tyler’s Lawn Care reserves the right to extend evening hours later upon customer approval in order to complete job related tasks.
· Tyler’s Lawn Care may elect to work on a project location on a Saturday or Sunday. Work hours during the weekend will begin no earlier than 8:00 am unless prior approval is obtained from the customer.
· Tyler’s Lawn Care will accommodate adjacent neighbor requests and will make all efforts to comply with neighborhood rules, however, Tyler’s Lawn Care will not permit neighbors or passersby to access the project area for any reason nor will they be permitted to delay progress for any reason. Any questions or concerns from nearby residents should be directed to Tyler Ford – 902-220-7872
· Tyler’s Lawn Care may elect to use a pressure washer to clean an area as part of job site cleanup; Tyler’s Lawn Care will use appropriate water pressure for the application and will not be held responsible for damage caused by the use of a pressure washer. Driveways, worn siding, wood surfaces and other similarly worn surfaces may be jeopardized by the use of a pressure washer and customer may wish to omit these types of areas from being serviced with a pressure washer.
Final project walk-through and approval: Customer must be available upon completion of work for final project approval.
Post project job-site repair & cleanup: Tyler’s Lawn Care commits to leaving the property free of debris, trash and tools accumulated through the construction or installation process. Tyler’s Lawn Care will use a leaf blower to leave all areas relatively dirt free. However, dirt, sand, gravel, mulch and other dusts may absorb into paved or unpaved area sand customer may expect to have to wait for a period of time until natural weather processes remove any surface discoloration.
Project design changes: Any design changes are subject to additional charges and change order request forms that will require the customer to sign, prior to any changes being made. Charges may be modified or assessed during a project due to additional items and/or services added that are not listed on the original Landscaping Proposal and/or for items and services provided or performed at the request of the Customer. Tyler’s Lawn Care commits to not assessing additional charges without first explaining the charges to the customer.
Rock Clause: Many projects, especially retaining walls, patios, driveways and grading work, involve excavation of existing soil and earth. In the event that rock or any other unsuitable material is encountered that will cause a delay until its removal has taken place, Tyler’s Lawn Care will assess charges to remove this material in order to continue working. Work progress may cease until a change order, signed by the customer, has been obtained.
Project delays: Work may be postponed at the discretion of Tyler’s Lawn Care due to weather and other unforeseen circumstances. Tyler’s Lawn Care reserves the right to adjust project “start” and/or “end” dates based on reasonable scheduling delays. Tyler’s Lawn Care & Snow Removal will communicate any delays to the customer in a timely manner.
Material Deliveries and Ordering Quantities: Ordered material quantity may be higher than estimated quantity. In the event that total delivered material exceeds the area to be covered, remaining material is property of Tyler’s Lawn Care and may be available for purchase for other areas of the property.
Utilities/Buried Cables: Tyler’s Lawn Care & Snow Removal will not be responsible for cutting into utilities, cables and/or pipes that are not clearly identified or have been installed or modified by the homeowner. In the event a utility such as phone, cable, power, water or other utility is cut, Tyler’s Lawn Care will notify the proper utility agency and a repair will be scheduled as soon as possible. Tyler’s Lawn Care will accept no additional responsibility other than repair and related repair charges for severed utilities. Additional charges will apply for all repairs or delays caused by severed cables/piping that has not been clearly identified.
Subcontracted Services: Tyler’s Lawn Care may elect to subcontract some, or all the services provided under the Project Agreement. Tyler’s Lawn Care ensures that all subcontractors carry the legal limits of insurance as required under Nova Scotia Regulations. All related warranties will be covered and provided by the subcontracted service provider.
Definition of Landscaping Project Services and Warranty information
New Sod installations: Tyler’s Lawn Care guarantees that disease free and healthy sod will be installed on a customer’s property. Customer is responsible for applying the appropriate amount of water to the newly sodded areas. Tyler’s Lawn Care will not be responsible for under watered or over watered sod.
New Sod Warranty Information: New Sod is warranted against disease and non-rooting for a period of 30 days from the date of installation. All warranty claims must be made within 30 days from the date of installation. New Sod will not be warranted beyond 30 days. New sod will not be warranted against discoloration or wear patterns where pets are present.
New Seed Installations Warranty Information: New Seed is warranted against disease and non-germination for a period of 30 days from the date of installation. Customer is responsible for applying the appropriate amount of water to the newly seeded areas. Tyler’s Lawn Care will not be responsible for under watered or over watered seed installations. All warranty claims must be made within 30 days from the date of installation. New Seed will not be warranted beyond 30 days and/or where pets are present.
Annual/Perennial Flowers & Shrubs and Tree Installations: Tyler’s Lawn Care reserves the right to substitute annual and perennial flowers and shrubs for similar items based on availability and season. Tyler’s Lawn Care guarantees that all shrubs and trees installed are in healthy condition and are disease and pest free.
Warranty Information: Shrubs and trees are warranted against disease only, for a period of (2) years from the date of installation. Annual Flowers are not warranted. Transplanted Shrubs, Trees or Flowers are not warranted. All warranty claims must be made within the related warranty period from the date of installation. Warranty covers disease only and excludes damage from pets, equipment, Under/Over Watering, Customer Negligence or any other third party responsible for damage.
Hardscapes (Retaining walls, Patios, Pathways, Walkways, Driveways, Stonework, and other paved areas): In some instances, color blends may vary slightly among palletized products. Tyler’s Lawn Care & Snow Removal will not be responsible for variations in color blended products.
Warranty Information: Hardscape materials constructed from precast aggregates will be warranted against labor defects for a period of (5) five years and material defects for the life of the product. Hardscape materials constructed from natural stone, timber or wood will be warranted against labor and material defects for a period of (1) one year. Poured concrete is warranted against labor and material defects for a period of (1) one year.
Warranty Charges and Exclusions:
· Warranty excludes damage due to vandalism, lawn or yard equipment, other contractors, vehicles, customer negligence or any other third party responsible for damage.
· Warranty excludes “Acts of God” including but not limited to Tornadoes, 500-year storms, hail damage, hurricanes, wind speeds exceeding 100 kph or collisions with falling/flying debris.
· Tyler’s Lawn Care will not be responsible for failure to walls that require engineered approval and where a site monitor and/or engineer has approved the installation. Tyler’s Lawn Care will install all walls requiring such approval per the engineers’ specifications and will obtain a certified letter indicating that the installation meets the engineered specification.
· Tyler’s Lawn Care reserves the right to pre-select paver patterns for paver installations unless a specific pattern has been documented in the Project Agreement.
· Tyler’s Lawn Care will choose appropriate stone and paver colors based on customer requests; however, customer must elect to hand-select the exact stone or paver color, otherwise customer waives the right to refuse the product. All product refused is subject to restocking charges, reordering charges, and any other labor and material charges related to the delay of the project.
By engaging with Tyler’s Lawn Care services, the Client agrees to these Terms of Service. These terms are subject to change, and the most recent version shall prevail.
Effective Date: March 1st, 2024