Acceptance

The client, by accepting this contract, agrees to all terms and conditions.

Alterations

Any alteration or deviation from the stated specifications will be executed by an additional agreement (change order) signed by both parties which will outline the new specifications and list any additional costs.

Payments

A 10% deposit is required when the signed contract is returned. Projects will not be scheduled until both the signed contract and the required 10% deposit are received. All additional payments will be paid based on payment schedule provided. Payment schedule is subject to change based on weather conditions or deviation from original design and contract. If changes are made, a new payment schedule will be provided. All change orders will require payment in full prior to installation. A 3% service charge will be assessed for projects paid for by credit or debit cards.

Client is responsible for all fees that may occur due to insufficient funds and will be required to pay by cash or cashiers check only for that amount.

Payment Terms

DeVries Design and Landscape L.L.C hereby propose to furnish material and labor - complete in accordance with above specifications and any attachments for the above amount.

Invoice is payable upon completion of work as outlined by this proposal. A late payment charge of 1.5% per month (18% APR) shall apply to any portion of invoice not paid within terms. You shall pay all reasonable collection expenses including reasonable attorney's fees.

Terms Of Validity

Thirty (30) days following the proposal date, DeVries Design and Landscape L.L.C retains the right to re-quote the proposal in order to reflect any changes in labor costs, material cost, and or other costs.

Warranty

DeVries Design and Landscape L.L.C warrant that the plant material sold hereunder will be free from defects in material or workmanship for (1) year from completion of work. We will offer one-time only replacement of any tree, shrub, evergreen, ground cover or perennial that has died within one (1) year from the date of installation at cost of new replacement plant, provided the plant has been cared for as instructed. DeVries Design and Landscape L.L.C will not replace plants killed by animals, insects, mechanical damage, neglect, under watering or overwatering, natural disasters or other reasons over which we have no control. The warranty does NOT include the installation of sod, grass seed or annual flowers. We shall supply all materials as specified in the proposal, but shall have the right to substitute like materials of equal or greater value when necessary. All work to be completed in a workmanlike manner according to standard practices. Any alterations or deviations from the above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon accidents or delays beyond DeVries Design and Landscape L.L.C control. The warranties provided in these sections shall be in lieu of any other warranties, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. Should we breach any warranty provided herein, we shall repair or replace (at our discretion) such damaged plant material. Your right to repair or replacement is your exclusive remedy hereunder and you acknowledge and agree that DeVries Design and Landscape shall not be liable for other damages, whether ordinary, incidental, consequential or punitive or for injury to person or property other than as expressly set forth herein.

Owner Responsibilities

Any and all care required for the installed material is the responsibility of the owner at the completion of the project.

These items include but are not limited to; watering, fertilization, mulch, pest control, fungus control, pruning, leaf removal, mowing, trimming and weeding.

A full service landscape maintenance proposal can be prepared at your request to care for all of your new and/or previously installed landscape items. It is the owners responsibility to setup the watering schedule with DeVries Design and Landscape L.L.C if the services is desired, the service is not assumed and the cost is above and beyond the above estimate.

Acceptance

The above prices, specifications and conditions as well as the additional terms and conditions appearing below are satisfactory and are hereby accepted and DeVries Design and Landscape L.L.C is authorized to do work as specified. Payment will be made as outlined above.

By signing below you agree this shall constitute a legally binding agreement.

Additional Terms and Conditions

Concealed Contingencies

DeVries Design and Landscape L.L.C will not assume responsibility for damage done to any sump pump and septic lines, landscape lighting, gas grill lines, satellite, cable or subscriber cable, invisible fencing, drainage tile, pool or hot tub pipe and wires, electric gates, speaker wire, sprinkler system or other concealed items unless they are appropriately marked and designated prior to the commencement of the work. You shall be responsible for the location of all property lines, boundaries and corners.

Entire Agreement

The terms, covenants and conditions contained in the proposal (including in all instances these Additional Terms and Conditions) are the entire agreement of the parties, and all prior or contemporaneous oral or written agreements are merged herein. Any other oral statements made by any employee or agent of DeVries Design and Landscape L.L.C does not constitute a warranty and does not constitute part of our agreement. No changes or modifications of the proposal shall be valid unless in writing and signed by all parties to the proposal. No waiver of any provision of the proposal shall be valid unless in writing and signed by the person or party against whom charged. Notwithstanding any inference in the word "proposal", the proposal is binding upon, and inures to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns.

Serviceability

Each Provision of the proposal is severable from every other provision of this proposal, and if any provision is determined to be unenforceable or is revised, such determination or revision shall not effect the enforceability or validity of any other provision.

Governing Law

The validity, interpretation and performance of this proposal or any transactions consummated hereunder shall be governed by the laws of the State of Indiana