The following terms and conditions apply to all estimates unless expressly modified or excluding in writing by the contractor (Kuhns Property Services, Inc).

SCOPE OF WORK

1.1 The contractor shall carry out and complete landscape works described in the estimate document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing.

1.2 The contract documents shall contain the accepted estimate and any other document referred to in the estimate. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by the contractor.

1.3 Only the items on the estimate specification are included, but all works are due for payment. All other requested works are excluded.

1.4 The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.

ESTIMATE

2.1  Estimates are valid for 30 days from date of issue only.

2.2 The contractor also reserves the right to increase the value of the contract due to changes in design or materials by the client after execution of the contract and may result in change order fees. 

2.3 Acceptance of the estimate involves acceptance of these terms in the conditions of the contract documents. This represents a binding contract between the parties. It should be noted by the client that any attempt to cancel by the client will involve the client being liable to cancellation fee and any loss of expenses incurred as a result at the discretion of contractor. (Up to a maximum of 50% of the total estimate)

PAYMENT

3.1 The client accepts that he/she will pay the contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract.

3.2 Late payment of invoices for completed works, beyond our 14-day payment terms, will be subject to a 5% monthly interest charge (on all outstanding amounts).

3.3 On all non-reoccurring jobs a deposit for the cost of materials or 1/3 down will be required prior to the start date. When deposit is paid, the credit card used will be stored on file.  Payment for the remainder will be charged to the credit card on-file, unless client has chosen to pay using check, financing or cash. If cash payment is not paid upon completion of work, the credit card on-file will be charged. Cash payments will receive 5% off of labor cost.  The client will pay for any extra work, or costs due to unknown difficulties or changes, which are not within the estimate.

3.4 On all recurring jobs a credit card on-file will be required and will be charged after the job is completed. If your credit card is declined, you will not be scheduled for your next recurring service until the balance is paid in full and the credit card is updated.

3.5 By signing the estimate the client authorizes, Kuhns Property Services Inc., to automatically charge clients credit card for the remaining balance on the invoice. 

3.5 Larger contracts may be broken into payments by draw. Frequency and amount will be agreed upon by client and contractor.

3.6 Payments are immediately due on receipt of invoice.

3.7 The contractor will only ask for the estimate price, unless there are any unforeseeable difficulties, or the work has been increased. In either case all work will be paid for.

3.8 In the event of non-payment, the contractor reserves the right to pursue legal action to recover outstanding balances. If legal action becomes necessary, the client shall be responsible for reimbursing the contractor for any legal fees incurred. Additionally, the client agrees to pay a penalty equal to three times the total amount of the unpaid job, as liquidated damages for breach of contract.

RECURRING JOBS RENEWALS

4.1 Recurring jobs are subject to automatic yearly renewal unless otherwise specified by the client. The clients account will be automatically billed for the renewal period at the prevailing yearly rate. Notice of any changes in pricing or terms will be provided to the client in advance. To cancel automatic yearly renewal, the client must provide written notice by emailing us at [email protected] before the yearly renewal date.

SITE

5.1 The client is responsible for providing access to the property at agreed-upon times.

5.2 The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work.

5.3 The contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.

5.4 Any material, refuse or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping.

5.5 Client ensures there is adequate access to the Site e.g. that all vehicles and other obstacles are removed, that gates, doorways, and passageways are clear of obstruction and unlocked, that neighbors are notified where access is required to carry out the work. We also request that all dog mess be cleared from the site. We are not responsible for children’s toys, dog toys, skirting, garden hoses, faulty or improperly installed irrigation heads, or any other obstacles on your lawn. If the work cannot be carried out the team will leave the site and you may still be charged.

5.6 Additional fees may apply if any of the following conditions exist:

-Waste removal fee: $20+

-Waste Cleanup fee: $ 20+

-Obstacles to mow around $10+

-Overgrowth Fee: Min-$35+

Client will be notified of the extra charge and then their credit card on-file will be automatically charged.

DELAY/DISRUPTION

6.1 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.

6.2 The contractor shall not be held responsible for any delays caused by the weather which make contract execution impossible.

MATERIALS ON-SITE

7.1 Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss, damage, or expense after delivery of materials to site for any reason.

7.2 Any material brought to, or removed from the site, excess to the contractor’s requirements remains the possession of and removable by the contractor who shall have the right to enter the site for that purpose.

MAINTENANCE AFTER COMPLETION

8.1 After the completion of the job, the customer has a window of three (3) days to request any necessary touch-ups. Any touch-up requests made after this period will not be eligible for complimentary service.

8.2 The contractor undertakes to execute the scope of this contract. The proper maintenance of the site, however, passes to the client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the contractor.

ACTING AGENTS

9.1 The contractor has no responsibility, or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to start of contract. It is the responsibility of the agent to bring these terms of business to the attention of the client.

WARRANTIES

10.1 All warranties will be specified in the estimate. If no warranties are specified on the estimate then the product or installation does not include a warranty.  

10.2 Warranties are valid only upon full payment of the agreed contract. Once the job is completed to contract/plan specifications, withholding payment for warranty items is not acceptable. Warranty items will not be addressed until payment in full is received.

10.3 The contractor accepts no liability for any negligent act, omission, or any default under this contract, unless specifically agreed in writing.

10.4 Any structural or appearance of finished features is at the discretion of the contractor, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to the contractor, it is the responsibility of the client or agent to request a small sample of this finished work prior to the start of that specific feature. The contractor is not liable for any work necessary as a consequence of such an omission. This applies to both client and agent.

SERVICE CALL FEE FOR NON-DEFECTIVE ISSUES

11.1 In the event that the client requests a return visit for a job completed, and upon inspection, it is determined that the issue does not result from a defect in our workmanship or materials, the client will be subject to a service call fee. This fee is set at a minimum of $149 and covers the cost of the return visit and assessment. Kuhns Property Services reserves the right to charge this fee for non-defective issues identified during the client-requested follow-up service.

VIDEO & PHOTOGRAPHY

12.1 Video and Photography Consent Clause:By engaging in our services, you agree to allow Kuhns Property Services Inc. and its representatives to record videos and take photographs on your property for social media and advertising purposes. The purpose of such content is to showcase our work and promote our services.

12.2 Protection of Personal Details: We respect your privacy, and all personal details will be treated with the utmost confidentiality. In photos and videos captured on your property, any identifiable personal details, such as faces, license plates, or specific locations, will be blurred, masked, or otherwise obscured to protect your privacy.

12.3 Usage Rights: By agreeing to this clause, you grant [Your Business Name] the non-exclusive, royalty-free, and transferable right to use, reproduce, distribute, and display the recorded videos and photographs for promotional and advertising purposes.

12.4 Opt-Out Option: If you do not wish to grant consent for video and photography on your property, please notify us in writing at [Contact Information] before the commencement of services.