General Terms of Service
Any items not described by this contractor that go beyond the scoped described will be completed by an agreed price. These items will be completed with a change order
approved by owner/client/general contractor.
If digging is required, Miss Utility will be contacted by our office prior to our arrival. We cannot begin digging until all notified utility owner members have provided a positive response to ticket. If lines are not marked, projects may be delayed. King Cuts Landscaping (KCL) is not responsible for unmarked/privately owned lines that are damaged due to digging. These may include but are not limited to; invisible fencing, sprinkler systems, well and septic systems and their power or electric service, water and sewer pipes from the meter to your home, etc. If you have private underground lines and want them located, you should contact a private locating company prior to our service.
All concrete and asphalt removal includes the removal of these items only 4 inches thick,if concrete or asphalt is greater than four inches additional removal and disposal costs may apply. The cutting of concrete, pavers, stone and other items produce dust. KCL will take every measure possible to complete the job in a clean manner but will not be held liable for any cleaning charges that may occur due to performing these tasks. KCL will take every measure possible not to crack, break or damage any asphalt and concrete. KCL will not be held responsible for any asphalt or concrete damage by machines or trucks unless the aforementioned damages are directly credited to the negligence of KCL team. If damage occurs in this manner, we will document with photos and repair as needed. If you do not want our teams to have access to driveway, you are required to inform our office in advance.
By signing contract buyer gives permission to contractor to use any pictures that may by taken of completed project for advertising or any other purpose the contractor may deem appropriate.
KCL shall not be liable for damages by reason of any delay in commencement or completion of work due to causes beyond its control and without its fault or negligence including, but not limited to, acts of god or of the public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather or delays of a subcontractor due to such causes.
Sod Installations: Sod is NOT covered under warranty. Sod is guaranteed fresh upon arrival. Sod must be watered daily for a minimum of two weeks then as needed for best results. It is critical that sod is installed within 24 hours of purchase. Additionally, sod MUST be watered within 1 hour of install and hose/water must be accessible for our team upon install. The hot summer sun will dry and kill unrolled sod quickly if not provided water. It is best to set up a sprinkler and commence watering as soon after install. Please inquire for further tips/information.
Seed Application: seed is NOT guaranteed as area covered must be watered daily for at least two weeks then as needed during growth process. Inquire within regarding watering tips.
Plants: Transplanted plants are not warranted by KCL. Newly installed Plants purchased/delivered by KCL will be warranted for three (3) months against diseases, funguses or improper Installation - one (1) replacement labor not included. KCL does not guarantee planted materials against the following; neglect, over watering, under watering, abuse, vandalism, acts of God or nature, vehicular or pedestrian traffic, or work done by others.
Hardscaping: All hardscaping work (paver installs, retaining walls, stone installations,ect.) are backed by a five year warranty of installation by KCL and Hardscape materials, such as but not limited to; retaining wall blocks, brick and pavers are guaranteed to be installed properly and are of good quality when installed (concrete not included – see below). Product warranty not offered for natural products such as timbers or natural stone (flagstone,boulders,travertine,ect) as these are natural materials. Labor warranty for projects using natural stone or landscape timbers remains at 5 years. Due to the unknown quality of work done by others, any additional work done by others in the vicinity of any hardscape installed by KCL shall void the guarantee of the hardscape materials installed. KCL does not guarantee the hardscape materials or hardscape installation against the following: drainage issues, water discoloration or disfigurement, erosion/settlement caused by drainage issues. abuse, surface damage, vandalism, acts of God or nature, non-authorized vehicular or pedestrian traffic, or work done by others that affects our install. No refunds will be provided under the warranty. This warranty does not cover any defects in material or equipment incorporated into the hardscape project which are only covered by the manufacturer or supplier written warranties, if any. The hardscape warranty is not applicable in the even of misuse of the product, damages caused by an Act of God or in the event of circumstances beyond the control of KCL. The warranty will only be honored to those accounts which have been paid in full per contract. This hardscape warranty is transferable by the homeowner upon written notice of transfer delivered to KCL for the remainder of the unused warranty period. Please inquire for warranty details.
*No warranty on hardscape repairs if KCL did not install base foundation.*
--Efflorescence: a natural whitish powder-like deposit that sometimes appears on concrete products, such as pavers. This in no way affects the structural integrity of the paving stones or wall stones and will wash and wear off over time. The use of concrete setting beds may also increase the possible occurrence of efflorescence. Because this is a natural occurrence, KCL accepts no responsibility or liability for this condition. Our installed products are made from natural, environmentally-friendly material, and therefore, variations in color may occur.
- NOTE: Deicing chemicals - If needed, we recommend only sodium chloride (NaCl or ICEMELT) on pavers. Do not use regular "rock salt" or chance of damaging pavers increases
Concrete Installations: For 1 year, commencing from the install date, there will be no “Major Cracking,” “Major Scaling and Spalling,” or “Major Popout” due to defective materials or workmanship.
THE DO NOT'S: 1) Do not drive on "new" concrete for at least 5 days. 2) Do not allow water to drain beneath the slab as this may cause settlement cracks. 3) Do not use salt, ice melt or other de-icing chemicals on the concrete (This is especially harmful during the first winter). If at all possible, hose off your car of any street salt before parking on concrete. KCL NOT RESPOSBILE TO SPALLING/FLAKING AS A RESULT OF DE-ICING CHEMICALS
- Definitions: “Other exterior concrete” includes patios, sidewalks, and other exterior flat work. “Major Cracking” means cracks wider than ¼ inch that: *in total length, are more than 30% of the length of all of the joints in your driveway or other exterior concrete; or * in any parcel, the total length is more than 30% of the perimeter length of the panel. “Major Scaling and Spalling” means any substantial surface disintegration that occurs at the surface of the driveway or other exterior concrete that covers more than: *10% of the surface area of your driveway or other exterior concrete; or *25% of any panel of your driveway or other exterior concrete. “Major Pop out” means more than 50 conical breakouts per 100 square feet in the concrete surface from fractured pieces of aggregate.
- Exclusions: This limited warranty does not apply to damage resulting from *abuse of your exterior concrete *not any purpose other than residential purposes *fire, flood, earthquake, defective subsurface or other act of God * altering areas near your driveway or other exterior concrete so that drainage or water runoff undermines your driveway or other exterior concrete * the growth of trees (including roots) or plants near your driveway or other exterior concrete * Scaling , spalling or pop outs other than major scaling, spalling or pop outs *Contact between your driveway or other exterior concrete and vehicles, foreign objects, animals or persons (other than contractor) during the 3 day period after your driveway or other exterior concrete is installed *Cracks other than major cracks *discoloration or stains * any settlement or shifting from installation or repair of utility trenches near your driveway or any other exterior concrete at the point where it meets a garage or slab. Also, uniformity in the color of a driveway or other exterior concrete may vary within the same pour or when repaired or replaced. This warranty will not guarantee uniformity in color.
- Remedy: If you think that your driveway or other exterior concrete has Major Cracking. Major Scaling and Spalling, or Major Pop outs due to defective materials or workmanship, you must notify your Contractor in writing. Inspection: Once your Contractor receives notification, your driveway or other exterior concrete will be inspected by your Contractor or representative within 30 days to determine if Major Cracking, Major Scaling and Spalling, or Major Pop out has occurred due to defective materials or workmanship.
- Repair or Replacement: If Major Cracking, Major Scaling or Spalling or Major Pop out, which is the subject of the notice, occurred within 2 years of the completion date due to defective materials or workmanship, the Major Cracking, Major Scaling or Spalling or Major Pop outs will either be repaired or the damaged part of your driveway or the exterior concrete will be replaced. This will be carried out at no charge to the homeowner. Your Contractor will have the right to choose between repair or replacement.
Drainage systems: Drainage work is not covered under warranty. Installation of drain system or other work intended to alleviate drainage problems is subject to inherent uncertainty due to unknown soil and water conditions.. Mechanical devices installed are not covered under this guarantee as all mechanical devices used in drainage work will eventually fail, no exceptions. Drainage work is guaranteed to increase the drainage from a specific area, but not to eliminate all potential water issues. Our guarantee covers that the drainage system is installed correctly for the purpose that it was intended, and that the materials are of sufficient quality.
General Terms and Conditions
All prices reflect services and descriptions in their entirety mentioned in this contract. As the project progresses and both parties find other areas of attention needed – All separate work not listed in contract will be at an additional charge requiring approval by both parties. The contractor shall recognize and perform in accordance with written terms, written specifications and drawings only, contained or referred to herein. Contractor reserves the right to renegotiate the contract when price or scope of work is affected by changes to any local, state, or federal law, regulation or ordinance that goes into effect after the agreement is signed.
A. Workforce: Contractor shall designate a qualified representative/foreman with experience in the services being provided. The workforce is to be personably presentable at all times. All employees shall be competent, uniformed and qualified.
B. Materials: All materials shall conform to bid specifications.
C. Licenses and Permits: Contractor to maintain a Landscape Contractor’s license, if so required by State or local law, and will comply with all other license and permit requirements of the city, state and federal governments, as well as all other requirements of law.
D. Taxes: Contractor agrees to pay taxes applicable to its work under this contract, including sales tax on material supplied where applicable.
E. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker’s Compensation Insurance, and any other insurance required by law. Certificates can be sent per request.
F. Liability: It is understood and agreed that the Contractor is not liable for any damage of any kind whatsoever that is not caused by the negligence of the Contractor, it’s agents or employees. All areas/services covered under this agreement will be completed using the utmost care and attention to detail, however, KCL will not be held liable for any injury / death caused by conditions to any persons that are not KCL personnel.
G. Subcontracts: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment. In most instances, client will be notified when subcontractor is required.
H. Invoicing: Contractor will submit invoice upon completion. Any services rendered, that are in addition to or beyond the scope of work required by this agreement shall be separately billed.
A. Utilities: All utilities shall be provided by the Owner/Client. KCL is not responsible for unmarked/privately owned lines that are damaged due to digging. These may include but are not limited to; invisible fencing, sprinkler systems, well and septic systems and their power or electric service, water and sewer pipes from the meter to your home, etc. If you have private underground lines and want them located, you should contact a private locating company prior to our service.
B. Access to Jobsite: Owner/Client shall furnish access to all parts of jobsite where contractor is to perform work as required by this agreement or other functions related thereto, during normal business hours and other reasonable periods of time, and in the case of after-hours emergencies.
C. Payment: In addition to signed agreement, projects totaling more than $800.00 in cost may require a 1/3 deposit to schedule the work. In some instances, 2/3 of payment will be required once project is 50% completed. Owner/Client shall review final invoices submitted by Contractor and payment shall be due upon receipt. After twenty (20) days of non-payment, 1.5% could be added weekly to invoice for late fees. Contractor may cancel initial agreement by giving seven (7) days written notice for nonpayment, after the payment is delinquent.
D. Notice of Defect:The Client has a responsibility to inspect the property within 24 hours after KCL has completed any services. If the Client is dissatisfied with any work performed, immediately contact KCL within those 24 hours. If KCL is not made aware of the dissatisfaction or errors within 24 hours of completion, under this agreement all work performed shall be considered satisfactory.Owner/Client to give at least fourteen(14) days, depending on urgency of repair. Contractor will not accept any deduction or offset unless such written notice is given.
Agreements may be terminated by either party with or without cause, upon thirty (7) days written notice to the other party. Either party shall be entitled to cure any deficiencies of performance or payment within seven (7) days of being notified of deficiency(s). If the Owner/Client makes payment in full within seven (7) days of receipt of the written notice, the grounds for termination shall be deemed cured. If Contractor corrects the deficiency identified in the written notice within seven (7) days of receipt of the notice, or if the deficiency is of such a nature that it cannot reasonably be corrected within seven (7) days and the Contractor commences a good faith effort to correct the deficiency within seven (7) days of receipt of notice, the grounds for the termination shall be deemed cured. In the event this contract is terminated early by either party, the Contractor shall be entitled to recover his unrecovered costs incurred through the date of termination, including a reasonable amount of overhead and profit, and any amount in excess of the monthly charges paid by the Client through the date of termination. This is because substantial portions of the work for the project, may be performed including potentially significant mobilization costs in start-up and the cost of the work will not be fully recovered by the Contractor until all payments under the contract have been received.
MAKE SURE YOUR CONTRACTOR IS LICENSED!
Department of Labor, Licensing and Regulation Division of Occupational and Professional Licensing Maryland Home Improvement Commission
500 North Calvert Street Baltimore, Maryland 21202-3651
410-230-6309 or 1-888-218-5925