Terms & Conditions
All quotes are valid for 30 days from date listed on proposal. After 30 days, pricing is subject to change.
This Agreement is made and entered into on between Golden Wolf Landscape & Design, LLC (hereinafter referred to as “Contractor”) HIC REG. #13VH11528600, and (hereinafter referred to as "Customer"). (“Contractor” and “Customer” collectively referred to as “Parties”).
RECITALS
WHEREAS, Contractor is skilled in the performance of the Contract Duties identified below and duly registered with the State of New Jersey and has offered to perform the Contract Duties set forth in Schedule A for Customer with respect to the property (the “Property”); and Schedule A being fully incorporated into the within Agreement, and
WHEREAS, Customer desires to secure the performance of the Contract Duties by Contractor.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, it is agreed as follows:
Terms & Conditions
Term of Agreement: The term of this Agreement shall begin subject to weather or other conditions beyond the control of the Parties. Customer agrees to accept reasonable changes to the start and end dates unless Customer states in writing that such dates cannot be reasonably changed.
Contract Duties: Duties. During the Term of this Agreement, Contractor shall timely and fully perform the Contract Duties set forth in Schedule A.
Additional Services: From time to time during the term of this Agreement, Customer may request Contractor to perform services or provide materials which are not set forth in the Contract Duties but are related to the Contract Duties ("Additional Services"). Contractor shall secure from Customer authorization in writing of the Additional Services and any additional compensation due Contractor. If Contractor performs the requested services without securing written authorization, such services shall be deemed part of the Contract Duties, and no additional compensation shall be due Contractor. All Additional Services performed by Contractor shall be governed by the terms of this Agreement.
Compensation: Customer shall pay Contractor compensation for Contractor's performance of the Contract Duties in the amounts and at the rates set forth in Schedule B. Customer shall have 15 days to make payment. If Customer does not make timely payment for services rendered, interest shall be applied to remaining balances at a rate of 4%. If Contractor is required to file suit to collect payment for services rendered, Customer agrees to reimburse Contractor for all costs including reasonable attorney fees.
Standards of Performance: Industry Standards. Contractor shall perform the Contract Duties in accordance with industry standards established by those engaged in a business similar to that of Contractor. Conformance to Requirements. Contractor warrants that all Contract Duties shall be performed in a safe, good and workmanlike manner and that the Contract Duties, including all materials and equipment furnished hereunder, shall conform to all requirements and specifications identified in this Agreement and shall be free from defects of any kind in materials and workmanship. Drawings and details are to serve as a guide and shall be followed as closely as is practical, but minor on-site adjustments may be made. Any measurements mentioned in the job description are subject to a 10 percent (10%) variance
Manufacturer's’ Warranties: If any goods or materials provided by Contractor in the performance of the Contract Duties are warranted by the manufacturer, then Contractor shall transfer to Customer all such warranties (and deliver all documents evidencing such warranties) to the extent such transfer is permissible by Manufacturer.
Licenses: Contractor shall obtain at its own cost all licenses (including professional licenses), permits, certificates and authorizations necessary for Contractor to do business in New Jersey.
Supervisor: When required by Customer, Contractor shall provide a competent and trained on-site supervisor for performance of the Contract Duties.
Waste Removal: Contractor shall keep the Property free from accumulation of waste materials or rubbish caused by Contractor's operations.
Remedy of Damage: Contractor shall promptly remedy all damage or loss to any property at the site or at the Property if such damage or loss is caused by Contractor, its subcontractor or anyone performing the Contract Duties through Service Contractor. Customer is to provide written notice of any such damages as a condition precedent to Contractor’s obligation to remedy
Compliance: Compliance with Laws. The Parties shall comply with all applicable laws in performing the Contract.
Insurance: At all times while performing the Contract Duties, Contractor shall maintain, at its sole cost and expense, the insurance set forth in Schedule C.
Early Termination
Termination for Cause. Either party, by giving written notice, terminate this Agreement as of the date specified in the notice if the other Party breaches this Agreement; and (a) such breach is not cured within a reasonable period as specified in the notice; or (b) such breach is not capable of being cured within a reasonable period.
Termination Upon Notice. Either Party may, by giving not less than thirty (30) days written notice, terminate this Agreement as of the date specified in the notice, with or without cause. Contractor shall receive compensation for all Contract Duties performed through the effective date of early termination.
Termination Upon Sale of Property. Notwithstanding anything to the contrary in the Agreement, the Agreement shall automatically terminate upon the sale of the Property by Customer. Such termination shall be effective as of the date of closing on such sale. Customer shall promptly notify Contractor of the sale of the Property.
If a contract were to be terminated for any reason, the Customer is required to pay the Contractor for any and all applicable time, materials, equipment, etc. that has been spent and/or paid for up to the point of termination. If applicable, the Contractor does have 60 days from the notice of termination to pay back any money to the Client.
Cancellations made less than 10 days before the scheduled commencement date will not be eligible for a refund due to the close proximity of the service date and the likely expenditure on materials and labor.
Assignment and Subcontracting:
Assignment. This Agreement may not be assigned by either Party. Any attempted assignment without the prior written authorization shall be void and of no force and effect.
Notices: Any information or notices required to be given under this Agreement shall be in writing and shall be delivered either by; (i) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid, in the U.S. mail; (ii) a reputable messenger service or a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such messenger or courier; or (iii) personal delivery with receipt acknowledged in writing, in which case notice shall be deemed delivered when received, or (iv) by e-mail at the e-mail address set forth below. All notices shall be addressed as follows:
The foregoing addresses may be changed from time to time by written notice to the other party in the manner set forth above.
Miscellaneous:
Choice of Law and Jurisdiction. This Agreement, including the performance and enforceability hereof, will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to the principles of conflicts of law. Each party hereby submits itself for the sole purpose of this Agreement and any controversy arising hereunder to the exclusive jurisdiction of the New Jersey state courts located in Hunterdon County.
Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
Waiver. The respective rights and remedies of each party are cumulative, and no exercise or enforcement by either party of any right or remedy hereunder shall preclude the exercise or enforcement by such party of any other right or remedy hereunder, or which such party is entitled by law to enforce. Each party may waive any obligation or, or restriction upon, the other party under this Agreement, but only in writing. No failure, refusal, neglect, delay, waiver, forbearance or omission of either party to exercise any right under this Agreement or to insist upon full compliance by the other with its obligations hereunder shall constitute a waiver of any provision of this Agreement.
Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the Parties (“Change Order”).
Entire Understanding. This Agreement, and any change order or exhibit attached constitute the entire understanding and Agreement of the Parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect.
Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
Force Majeure. For a period of up to ten (10) days after the commencement of a Force Majeure Event (as defined below), neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including, but not limited to orders or other governmental directives, acts of God, acts of a common enemy, fires, explosions or Pandemic which cause a delay or failure of performance (each, a “Force Majeure Event”); provided the non-performing party provides prompt notice to the other party and is without fault in causing such failure or delay, and such failure or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing or delayed party through the use of alternate sources, workaround plans or other means. Notwithstanding the foregoing, no Force Majeure Event will excuse Customer’s obligation to pay undisputed amounts when due for services already performed.
Counterparts. This Agreement may be executed in a number of identical counterparts, each of which for all purposes is deemed an original, and all of which constitute collectively one agreement. The parties intend that faxed signatures and electronically imaged signatures such as .PDF files shall constitute original signatures and are binding on all parties. An executed counterpart signature page delivered by facsimile or by electronic mail shall have the same binding effect as an original signature page.
Contractor reserves the right to leave a review for the homeowner on third party review platforms.
Golden Wolf Landscape & Design LLC owns the rights to all materials utilized in the project until final payment is received in full
No verbal agreements expressed or implied will be honored. All agreements must be in writing.
Theft of plants or materials after they are placed on the site will be the owner’s responsibility.
Additional Terms & Conditions:
The Price set forth in this proposal is valid for the next 30 days. If the Agreement is not executed by Customer within this 30-day time-period, Contractor reserves the right to provide new pricing in the form of a new proposal.
This proposal and Agreement does not include any required taxes which will be included in any invoice and set forth separately as part of Contractor billing
Contractor’s employees will conduct themselves in a professional manner and be neatly dressed in the company uniform for immediate identification.
Materials, labor and equipment required to restore damaged areas from any and all unusual weather conditions will not be considered a part of this Agreement and shall be handled in accordance with section 4.7 above.
Contractor is not responsible for cars or other temporary objects blocking the weekly landscape maintenance operations. If a return visit is required to provide service in such an event, this service would be subject to an additional charge which is set forth in Schedule B.
Changes to the landscape resulting in additional maintenance, such as but not limited to new turf areas, mulch beds, flowers, irrigation system, etc., will result in supplemental maintenance fees in a Change Order.
Contractor is not responsible for depressions or cracks on any driveway, sidewalk, or apron surface upon completion of service(s). Contractor will undertake reasonable measures to limit any potential damage, but with the use of heavy machinery, trucks, and material deliveries, the driveway, sidewalk, and/or apron may get damaged during the process of the job.
Price is contingent on approval of materials as submitted. Pricing is subject to change if materials change. Pricing is based on one continuous operation until completion.
Pricing is based on the assumption that there are no underground utility conflicts.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to reasonable commercial practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written change orders, and will become an additional charge over and above the original contract price. Neither party shall be responsible for acts beyond its control, including, but not limited to, strikes, accidents, or acts of God. Our workers are fully covered by Workman's Compensation Insurance.
By signing this agreement, the homeowner/client does allow Golden Wolf Landscape & Design to take pictures and videos of the job site. These materials can be used for marketing purposes, on social media, and the company website. No client, house, or address information will be shared during or after pictures.
For services including weeding (pulling weeds from landscape beds) the pricing of this service listed in this proposal is based of site conditions and weed growth from the site assessment that took place by the sales/account representative. If the weed growth has changed and increased when the job is about to be performed, this may/will increase the price of the service due to the additional labor needed to be accounted for to pull the additional weed growth.
PRICE ESCALATION CLAUSE
Due to potential fluctuations in the costs of materials, fuel, labor, vendor services, or other project-related expenses, Golden Wolf Landscape & Design reserves the right to adjust the contract price in the event of delays that postpone the start or completion of the project beyond 90 days from the date of the signed agreement and deposit payment. Such delays may include, but are not limited to, permitting processes, client-requested changes, site access issues, or the company’s current project backlog.
Should a price adjustment be necessary, Golden Wolf Landscape & Design will provide the Client with written notice of the proposed increase, including a detailed explanation of the cost changes (e.g., updated material prices, fuel surcharges, or vendor rates). The adjusted price will reflect only the verifiable increase in costs directly attributable to the delay or market conditions, and will not exceed 5% of the original contract price unless mutually agreed upon.
The Client will have 5 business days from receipt of the notice to accept the adjusted price or come to an agreement with Golden Wolf on an alternative solution. If no response is received within the specified period, the adjusted price will be deemed accepted, and the project will proceed accordingly.
This ensures that Golden Wolf Landscape & Design can continue to deliver high-quality services while managing unforeseen cost increases beyond our control.
PERMITTING FEES
Permitting fees are not included in the cost outlined in this proposal.
Permitting fees are billed separately due to the exact time, required documents, township fees, and/or professional fees varying project to project.
Townships determine their fees based on project size and scope. Depending on the town, revision fees may apply when changes need to be made to the project, plans, and/or the corresponding documents that support the project being permitted for.
For any revisions of the design we have created for your project, the following fee schedule outlines how billed will be sent and charged to the customer:
$165.00 per hour for design revisions
$80.00 per hour for administrative tasks
These tasks include but are not limited to filling out permits, dropping off permits to the town, phone calls to town, etc.
$7.00 per sheet of blueprint drawings needed to be printed for each and printing service that takes place
If Engineering or Architectual services are required by the town once the permits have been submitted, the applicable fees will be billed to the client separately. The exact hourly rate and overall cost does vary project to project, but pricing will be shared with the client prior to proceed with any professional services needed.
Due there being so many variables involved in the permitting process, the fee schedule does vary project to project. Township requirements do vary as well which will change the overall fee structure based on your town and their needs to get permits approved.
PLANT INSTALLATION
The landscape contractor reserves the right to change a specified plant(s) due to the unavailability of a certain size, color or species at the nurseries. The closest match will be made at the landscape contractor’s discretion. The contractor also reserves the right to do necessary field adjustments without notice, due to drainage issues, excessive rock or other obstructions, and/or obstacles that might cause potential problems
Plantings and plant growth (including transplanted plants) are not guaranteed or warranted for any reason or duration. This is because there are too many variables such as over watering, under watering, sunlight, rain, disease, etc.
Golden Wolf Landscape & Design LLC do not guarantee grass seed germination.
Golden Wolf Landscape & Design is not responsible for removing staking, guying wires, or tree water bags. Homeowner should remove all stakes and guy wire one year from date of installation. Homeowner should remove all water bags no less that 3 months after installation date. The filling of water bags is the homeowners responsibility
There is no guarantee on the complete eradication of weeds (clover, crab grass, thistle, nut sedge, etc.) Homeowner is responsible for weed prevention and control pre and post job completion.
PLANT WARRANTY
Due to plants being living organism, proper care and maintenance after installation is essential to the overall health and longevity of each plant. Golden Wolf Landscape & Design only warranties plants that are installed by us, have a temporary or permanent irrigation system installed. What is not required, but highly recommended, is adding in our Plant Health Care (PHC) Program. This helps fight disease, insects, fungus, and helps provide essential nutrients to protect your investment.
The reason for this is due to many variables outside of our control such as disease, watering amount and frequency, pests, insects, etc. If your plants are not treated with the right care and maintenance post installation, even with proper industry planting practices, we cannot guarantee the health or quality of the plants.
Customers who have a temporary or permanent irrigation system installed will receive a 1-year warranty, from the date of installation, on plants installed by Golden Wolf Landscape & Design. This warranty covers free replacement of plants that die within the first year of installation. For more information on our plant warranty information, please contact your account representative for more details.
Plant Installation Warranty Exlcusions:
Improper Irrigation Management: Damage or plant death resulting from inadequate or excessive watering due to improper management, adjustment, or maintenance of the temporary drip irrigation system by the client.
Irrigation System Malfunction: Any failures, blockages, leaks, or malfunctions within the temporary drip irrigation system leading to insufficient watering or flooding.
Alteration or Removal: Plant decline or death resulting from alterations, removal, or adjustments of drip irrigation components by the homeowner or third-party contractors after initial installation.
Water Source Interruption: Plant loss due to interruption of water supply, lack of available water, or inconsistent water pressure beyond the control of the installer.
Client Non-Compliance: Damage caused by failure to follow provided irrigation guidelines, schedules, or recommended plant care instructions.
Natural Causes Beyond Irrigation: Plant failure due to severe weather, extreme heat, drought conditions, flooding, freezing temperatures, hailstorms, windstorms, pest infestations, or disease not directly related to irrigation.
Unapproved Fertilizer or Chemical Applications: Use of improper fertilizers, chemicals, herbicides, or treatments not approved or recommended by the installer.
Damage from Animals or Wildlife: Plant damage caused by wildlife, pets, rodents, deer browsing, or other animal activities.
Drainage and Soil Conditions: Losses related to improper drainage, poor soil conditions, erosion, or excessive moisture accumulation unrelated to irrigation practices.
Failure to Notify Promptly: Plant decline or death not reported within the specified warranty notification period of 14 days of initial concern or symptom(s) noticed.
HARDSCAPE INSTALLATION & WARRANTY
Once the hardscape pattern is determined and the work has begun, there will be no changes without a written change order.
Golden Wolf Landscape & Design offers a lifetime warranty on all paver and retaining wall installations.
The use of any ice melting agents on any hardscape will void all warranties. Hardscapes are especially vulnerable to damage from ice melting agents within the first year.
Work is only guaranteed from settling if Golden Wolf Landscape & Design installs the recommended base, according to the manufacturer’s specifications. We make NO GUARANTEE on the color of the concrete pavers. Colors appear brighter in the brochures, and colors will fade over time. We will lift any settled pavers after the first full season, if necessary. Once the pattern is determined and the work has begun, there will be no changes without a written change order
Polymeric sand joint fill over time, may require reapplication be the owner. Re-application of polymeric sand joint fill is not covered under Golden Wolf Landscape & Design's hardscape warranty.
Contractor does not warrant against efflorescence in concrete products.
Additional Hardscape Warranty Exclusions:
Natural Wear and Tear: Normal wear, fading, or weathering resulting from natural exposure.
Damage from External Factors: Damage caused by vehicles or equipment exceeding standard residential weight limits. Damage from snow removal equipment, metal blades, or snowplows. Damage from lawn care equipment, chemicals, or fertilizers.
Acts of Nature: Damage resulting from natural disasters (earthquakes, floods, hurricanes, tornados, lightning strikes, fires, extreme freeze-thaw cycles).
Improper Maintenance: Damage due to lack of routine maintenance, improper cleaning, or failure to adhere to recommended maintenance guidelines provided at project completion. Application of unapproved sealants or chemicals.
Alterations and Modifications: Damage from unauthorized alterations, modifications, or additions made by the homeowner or third-party contractors after installation completion.
Drainage and Soil Conditions: Settling or shifting caused by improper drainage, erosion, soil conditions, underground springs, expansive or unstable soil conditions, or failure to maintain drainage structures.
Efflorescence and Surface Imperfections: Efflorescence (white residue appearing naturally on pavers). Minor color variations, chipping, or cracking that does not affect structural integrity.
Vegetation and Root Growth: Damage caused by vegetation growth, tree roots, shrubs, or planting performed by the client or other parties.
Failure to Report Timely: Damage or concerns not reported promptly within 30 days of discovery.
Third-party Installations and Interference: Damage caused by utility installations or repairs, irrigation system installation or maintenance, fencing, lighting, or other improvements performed by third parties after the installation.
Salt and Deicing Products: Damage resulting from the use of salt-based or corrosive deicing products.
Intentional Misuse or Abuse: Any damage resulting from intentional acts, vandalism, abuse, negligence, or misuse by the homeowner or third parties.
LANDSCAPE LIGHTINING WARRANTY
Golden Wolf Landscape & Design offers a life-time warranty of all lighting systems installed.
Please note that warranties only apply for full installations, not repairs or patrial installations, consisting of Golden Wolf sourcing and installing all components of the lighting system. Components of a fully installed lighting system include transformer, timer, light fixtures, bulbs, waterproof connectors, and wire/cable.
Landscape Lighting Warranty Exlcusions:
Natural Wear and Tear: Normal aging, wear, corrosion, oxidation, or fading of fixtures and finishes due to exposure to natural elements. Also, fixtures falling over, shifting, or moving due to wind, rain, animals, humans, or loose soil.
Bulbs and Lamps: Standard bulbs, lamps, or consumable items with limited lifespan are excluded from lifetime coverage.
Improper Maintenance or Neglect: Damage resulting from failure to properly maintain or routinely inspect fixtures, lenses, wiring, transformers, or connections as recommended.
Damage by External Forces: Damage caused by vehicles, lawn equipment, snow removal equipment, or accidental physical impact.
Unauthorized Alterations: Modifications, relocations, repairs, or additions made by the homeowner or third-party contractors that lead to system malfunction or damage.
Electrical Issues Beyond Our Control: Damage due to electrical surges, power fluctuations, faulty or inadequate household electrical wiring, voltage irregularities, or lightning strikes.
Acts of Nature: Damage from severe weather conditions or natural disasters including but not limited to floods, storms, high winds, hurricanes, tornados, earthquakes, fires, or lightning.
Use of Unapproved Products or Components: Damage caused by using bulbs, fixtures, wiring, transformers, timers, or any component not specifically authorized or approved by the installer.
Animal and Pest Damage: Damage resulting from animals, rodents, insects, or other wildlife activities affecting wiring or fixtures.
Water or Moisture Intrusion: Malfunction or corrosion caused by water intrusion due to improper drainage, pooling water, flooding, landscape changes, irrigation malfunction, or sprinkler overspray.
Failure to Report Timely: Issues or damage not reported promptly within a specified warranty notification period or 30 days of identification.
Intentional Misuse or Abuse: Damage due to intentional vandalism, misuse, neglect, or deliberate acts by the homeowner or third parties.
PRIVATE UTILITY CLAUSE
Golden Wolf Landscape & Design LLC and our partner contractors will always approach digging and demolition at your home with caution and care. We will also contact NJ One Call in New Jersey and PA One Call in Pennsylvania, to have public utilities marked on your property. However, private utilities such as, but not limited to: invisible dog fencing, cable and internet, lamp post wiring, electrical supply lines, septic lines, low voltage lighting, and irrigation are often improperly marked and/or shallowly buried. Try as we may, these utilities may be cut, damaged or disturbed. Please be prepared to contact your service providers directly to arrange any repairs and payment for the aforementioned utilities, should they become damaged, as they are in no way covered under the scope of the work in this agreement. All unforeseen objects, including, but not limited to unstable or unsuitable soil, buried pool lines, utilities, and rock are not figured into this Agreement. If any unforeseen items are encountered, the Contractor will notify the Customer immediately and discuss any additional charges or actions needed to be taken before the project proceeds. Any required amendment will be set forth in a Change Order in accordance with this Agreement.
ASPHALT INSTALLATION
For Asphalt installation services, Golden Wolf is not responsible for any standing water in areas with less than a 2% grade.
Installation of new asphalt may result in a gap or elevation change between driveway and surrounding landscape. Asphalt edges should be backfilled to support the edge and prevent cracking. This is not included unless specifically mentioned in a proposal. Please ask your estimator to add this if you are interested in adding this to your proposal.
Due to the volatile petroleum market, particularly in these unexpected times, this estimate is based on current asphalt prices based on the Asphalt Index as of the day this proposal was prepared. Any differences in material cost will be itemized as an extra charge on the final invoice.
ROCK CLAUSE
Please note that during excavation of construction/installation jobs, there could be unforeseen circumstances below ground, specifically large rocks, debris, etc. that mat alter the course of work. There is no way to 100% know what is underground until excavation begins. If there were to be an unforeseen circumstance that gets uncovered during the excavation process, such as a large rock, debris etc., and it would lead to a change in the course of the installation such as changing layout/design and/or add time onto the job to remove it, it may result in a change order and/or a change in overall scope. Specifics of the change order and/or scope change vary instance to instance, depending on the severity and/or size of the item(s) uncovered. If something were to be uncovered that fall within this description of the "Rock Clause", the client will be notified as soon as possible to discuss next steps.
Client understands and accepts the fact that the delays in payments to Contractor may result inappropriate legal action being taken to collect monies owed to Contractor. Client understands and agrees that costs of such legal action, including without limitation lawyers fees, costs, and expenses of suit or bringing suit, may be passed on to the Client, and Client accepts this condition. Contract shall be binding inure to the benefit of the parties and their heirs, executors, administrators, and assigns.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile and electronic signatures shall be as effective as if originals.