Terms & Conditions
All quotes are valid for 30 days from the date listed on proposal. After 30 days, pricing is subject to change.
This Agreement is made and entered into on the date signed (the “Effective Date”) between Golden Wolf Landscape & Design, LLC (hereinafter referred to as “Contractor”) HIC REG. #13VH11528600, and the undersigned identified in the signature block (hereinafter referred to as "Customer"). (“Contractor” and “Customer” collectively referred to as “Parties”).
Definitions. The following terms have the meanings set forth below:
“Agreement” means this contract, including all Schedules/Exhibits, proposals incorporated by reference, and all signed Change Orders.
“Contractor” means Golden Wolf Landscape & Design, LLC, including its employees, agents, and permitted subcontractors.
“Customer” means the person(s) or entity signing this Agreement and responsible for payment and performance of Customer obligations.
“Property” means the jobsite address identified in the proposal/Schedule A, including all areas accessed or affected by the Work.
“Work” means the labor, materials, equipment, and services Contractor is obligated to provide under Schedule A and any approved Change Order.
“Contract Documents” means, collectively: (a) this Agreement, (b) Schedule A (Scope of Work), (c) Schedule B (Pricing/Payment), (d) Schedule C (Insurance, if applicable), (e) drawings/specifications, and (f) signed Change Orders. If there is any conflict, the order of precedence is: Agreement, Change Orders, Schedules, then drawings/specs.
“Schedule A,” “Schedule B,” “Schedule C” mean the attached or referenced documents describing scope, pricing/payment, and insurance requirements.
“Change Order” means a written modification to the Work, price, or schedule approved by Customer and Contractor. For purposes of this Agreement, “written” includes approval by email, text message, or e-signature.
“Additional Services” means any work or materials requested by Customer that are not included in Schedule A.
“Contract Price” means the total price stated in Schedule B, as adjusted by approved Change Orders.
“Time and Materials” means pricing based on Contractor’s labor rates, equipment rates, and materials at cost plus applicable markup, as stated in Schedule B or Contractor’s then-current rates if not stated.
“Substantial Completion” means the applicable portion of the Work is sufficiently complete for its intended use, subject only to minor items that do not materially impair function.
“Final Completion” means all Work, including approved corrections (if any), is complete and final invoicing has been issued.
“Acceptance” means (a) Customer’s written acceptance, (b) Customer’s use/occupancy/benefit of the Work, or (c) deemed acceptance under the Notice-and-Cure provisions of this Agreement.
“Material Nonconformance” means a material failure of the Work to conform to Schedule A. It does not include minor cosmetic variations, natural material variation, or conditions caused by weather, site conditions, lack of maintenance, or third parties.
“Industry Standards” means generally accepted standards of performance and workmanship used by reputable contractors performing similar work in the region.
“Industry Guidelines” means non-binding best-practice recommendations published by trade organizations (including, where applicable, ICPI and manufacturer guidelines). Unless adopted by an Authority Having Jurisdiction, guidelines are not building codes.
“Authority Having Jurisdiction” means the applicable governmental authority, municipality, inspector, or agency with legal authority over permits, codes, or approvals for the Work.
“Site Conditions” means existing conditions at or affecting the Property, including soil, drainage, grade, vegetation, structures, buried debris, moisture, and access conditions.
“Concealed or Unforeseen Conditions” means conditions not reasonably discoverable prior to performing the Work, including rock, buried debris, undocumented structures, underground water/springs, unsuitable soils, or unmarked private utilities.
“Utilities” means underground or aboveground utilities, including Public Utilities (marked through NJ/PA One Call) and Private Utilities (including irrigation, landscape lighting, invisible fencing, septic, drainage lines, wiring, data/telecom, and similar systems).
“Hazardous Materials” means materials regulated as hazardous, toxic, or contaminated under applicable law (including asbestos, lead contamination, contaminated soils, etc.).
“Force Majeure Event” means events beyond a party’s reasonable control (weather extremes, natural disasters, governmental orders, supply chain disruptions, strikes, pandemics, etc.) that delay performance, excluding Customer’s obligation to pay undisputed amounts for Work already performed.
“Business Day” means Monday through Friday excluding federal holidays.
“Notice” means a written notice delivered in accordance with the Notices section. Email/text is acceptable if the Agreement permits it for that purpose.
“Care Instructions” means any watering, maintenance, or usage guidance provided by Contractor in writing (including email/text) relating to plants, turf, hardscape, or installed improvements.
“Warranty” means only those warranties expressly stated in this Agreement (if any). No other warranties apply unless expressly stated in writing.
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.
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:
Term of Agreement: The term of this Agreement shall begin on the scheduled start date, 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: During the Term of this Agreement, Contractor shall timely and fully perform the Contract Duties set forth in Schedule A.
Additional Services: If Customer requests, directs, authorizes, or knowingly accepts Additional Services not included in Schedule A, such services shall be compensable. Contractor will obtain written authorization when practicable; however, failure to secure written authorization prior to performance shall not waive Contractor’s right to payment where the Additional Services were requested, necessary due to site conditions, or accepted by Customer. All Additional Services shall be governed by the terms of this Agreement and may be billed by Change Order or, where appropriate, on a time-and-materials basis. Customer may not accept the benefits of Additional Services while disputing payment on the basis of timing or form of authorization.
Customer Responsibilities; Access; Interference: Customer shall provide Contractor reasonable access to the Property, including access to water and electricity if required for the Work, and shall remove or secure vehicles, furniture, decorations, pets, and other items that interfere with performance. Contractor is not responsible for delays, incomplete services, or additional costs caused by Customer’s failure to provide access or by actions of Customer, residents, guests, HOA, or third parties. If Contractor must return due to access restrictions or interference, Customer agrees to pay an additional trip/mobilization charge at Contractor’s then-current rates.
Customer is responsible for keeping children, pets, and unauthorized persons away from work areas. Customer acknowledges the Work may involve excavation, heavy equipment, and temporary hazards. Customer’s failure to maintain a safe perimeter constitutes interference and may result in suspension or additional charges.
Compensation; Payment Terms; Nonpayment Remedies.
Customer shall pay Contractor the Contract Price and any additional charges authorized under this Agreement in accordance with Schedule B. Unless otherwise stated in writing, all invoices are due and payable within fifteen (15) calendar days of the invoice date.Any undisputed amount not paid when due shall accrue interest at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, if less), calculated from the due date until paid in full.
In the event of nonpayment, Contractor’s suspension and remobilization rights and Customer’s responsibility for related costs are set forth in the Suspension; Remobilization section and are incorporated herein.
Customer agrees that failure to pay undisputed amounts when due constitutes a material breach of this Agreement. Contractor retains all rights and remedies available at law and under this Agreement, including the right to pursue collection of unpaid amounts through binding arbitration or, as expressly permitted by the arbitration section, through court proceedings for the collection of undisputed amounts and enforcement of lien rights.
Customer shall reimburse Contractor for all reasonable costs incurred in connection with the collection of unpaid amounts, including attorneys’ fees, arbitration fees, filing fees, and costs, to the extent permitted by applicable law.
Acceptance of partial payment shall not constitute a waiver of Contractor’s right to recover the remaining balance or enforce this Agreement.
Final Payment; No Withholding For Minor Items: Final payment is due upon Substantial Completion or issuance of the final invoice, whichever occurs first. Customer may not withhold or delay payment for minor, cosmetic, or non-material items that do not materially impair intended function. Any such items shall be addressed through the notice-and-cure process and shall not delay payment of undisputed amounts. Contractor may provide notice of Substantial Completion by email or text, and may issue a final invoice at that time. Final payment is due per the invoice terms regardless of completion of minor punch-list items.
Chargebacks; Stop Payments; Payment Reversals.
Customer shall not initiate or pursue any chargeback, stop-payment, payment reversal, or similar dispute without first providing written notice and allowing Contractor a reasonable opportunity to inspect and cure under the Notice-and-Cure section, except where Customer’s card issuer requires immediate action to preserve rights. Any chargeback, stop-payment, or reversal initiated in violation of this section constitutes nonpayment and a material breach. Customer shall be responsible for the reversed amount, plus any bank or processor fees, administrative time, and collection costs incurred by Contractor, to the extent permitted by law. Upon any improper chargeback, Contractor may immediately suspend performance, decline further work, and pursue all remedies under this Agreement, including arbitration and lien rights, without further notice.
Mechanic’s Lien Rights
Contractor reserves all rights under the New Jersey Construction Lien Law, N.J.S.A. 2A:44A-1 et seq., to file and enforce a construction lien to secure payment for labor, materials, equipment, and services provided under this Agreement. Nothing in this Agreement, including the arbitration provisions, shall be deemed to waive or limit such statutory lien rights.
Contractor does not waive lien rights in advance. Any lien waiver shall be effective only to the extent of payment actually received and cleared. All lien waivers issued prior to clearance of funds shall be conditional. Partial lien waivers shall apply only to the portion of the Contract Price paid and shall not waive rights to unpaid balances, retainage, change orders, or additional services.
Customer agrees to reasonably cooperate in the execution and exchange of lien-related documentation and shall not unreasonably withhold or delay payment based on lien waiver form, timing, or administrative requirements beyond those permitted by New Jersey law. Customer may not condition payment on Contractor’s execution of any lien waiver exceeding the amount paid or on an unconditional waiver prior to clearance of funds.
Suspension; Remobilization
Contractor may suspend performance upon written notice if (i) Customer fails to make payment when due, (ii) the Property is unsafe, inaccessible, or restricted, (iii) utilities are not cleared or are in conflict, (iv) permits/approvals are delayed, or (v) Customer otherwise prevents performance. Contractor shall not be liable for resulting delay. Customer shall pay all costs of demobilization/remobilization, material restocking, storage, and schedule disruption caused by a suspension not attributable to Contractor.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 material defects in workmanship and materials provided by Contractor, consistent with industry standards and the specifications in this Agreement. 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. Estimated quantities and measurements are approximate and may vary based on field conditions. Any material increase affecting price or scope will be addressed by Change Order.
Third-Party Consultants: Customer shall not engage engineers, inspectors, consultants, or other third parties to direct, supervise, evaluate, or require changes to the Work without Contractor’s prior written consent. Any third-party recommendations or directives accepted by Customer that affect the scope, means, methods, schedule, or cost of the Work shall constitute Additional Services and shall be addressed by written Change Order or billed on a time-and-materials basis. Contractor is not responsible for delays, costs, or impacts arising from unauthorized third-party involvement.
Manufacturers’ 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, upon prompt written notice from Customer, evaluate any alleged property damage claimed to have been caused by Contractor or its subcontractors during the Work and, if verified, promptly repair such damage.
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, may 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 this Agreement is terminated for any reason, Customer shall remain responsible for payment of all Work performed, materials ordered or delivered, labor, equipment, administrative costs, design services, permitting services, restocking or cancellation fees, and other costs incurred by Contractor up to the effective date of termination. Any deposit paid is earned upon scheduling, design work, procurement of materials, mobilization planning, and/or reservation of production capacity, and is non-refundable to the extent applied to such costs.
If, after final accounting, Contractor determines that any portion of funds paid by Customer remain unused and uncommitted, Contractor shall refund only such unused balance, if any, after deducting all amounts due to Contractor under this Agreement. Any refund owed shall be issued within sixty (60) days after completion of Contractor’s final accounting following termination.
Customer is not entitled to any refund for anticipated or unperformed Work, lost discounts, or not incurred costs beyond amounts actually paid and unused. Termination shall not affect Contractor’s rights under the payment, limitation of liability, indemnification, arbitration, or lien provisions of this Agreement, all of which shall survive termination.
If Customer terminates or cancels the Agreement within ten (10) calendar days of the scheduled commencement date, Customer shall pay a short-notice cancellation fee equal to ten percent (10%) of the total Contract Price, plus reimbursement of all costs incurred and committed by Contractor prior to cancellation, including materials ordered, subcontractor commitments, mobilization planning, administrative time, restocking fees, and schedule disruption costs.
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 its performance and enforceability, shall be governed by and construed in accordance with the laws of the state of New Jersey, without regard to conflict-of-law principles. Except for the limited court actions expressly permitted in the arbitration section of this Agreement (including actions to collect undisputed amounts, enforce or preserve mechanic’s/construction lien rights, and seek temporary or injunctive relief), the parties agree that disputes shall be resolved by binding arbitration as set forth in this Agreement. For any permitted court action, the parties consent to the personal jurisdiction of, and venue in, the state courts located in Morris County, New Jersey (or such other county specified in the arbitration section).
Survival: The provisions of this Agreement relating to payment obligations, interest, suspension, termination, arbitration, limitation of liability, waiver of damages, indemnification, lien rights, documentation, and any other provisions which by their nature should survive, shall survive termination or completion of this Agreement.
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.
Until Contractor receives payment in full, Contractor retains a security interest in all materials and equipment delivered but not permanently affixed to the Property, to the extent permitted by law. Contractor may suspend performance for nonpayment and may recover or redirect unfixed materials upon written notice, provided doing so does not create a safety hazard or violate applicable law.
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 by the owner’s responsibility.
Additional Terms & Conditions
The Price set forth in this proposal is valid for the next thirty (30) days. If the Agreement is not executed by Customer within this thirty (30) day time-period, Contractor reserves the right to provide new pricing in the form of a new proposal.
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 by the owner’s responsibility.
This proposal and Agreement do not include any required taxes which will be included in any invoice and set forth separately as part of Contractor’s 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/customer 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 customer, house, or address information will be shared during or after pictures. Contractor’s photos, videos, daily logs, and project documentation are business records that may be used to document site conditions, progress, and completion. Marketing use is as separately authorized in this Agreement.
For services including weeding (pulling weeds from landscape beds) the pricing of this service listed in this proposal is based on 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, customer-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 Customer 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 five percent (5%) of the original contract price unless mutually agreed upon.
The Customer will have five (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.
ARBITRATION AND WAIVER OF COURT RIGHTS
Agreement to Arbitrate; Exclusive Remedy: Except as expressly provided below, any claim, dispute, or controversy arising out of or relating to this Agreement, the Work, the Property, or the relationship between the Parties (each, a “Dispute”) shall be resolved exclusively by binding arbitration in accordance with this Section.
Disputes shall be brought only on an individual basis. Neither party may join or consolidate claims or arbitrate as a class, collective, or representative action, to the fullest extent permitted by law.
Either party may bring an individual action in small claims court for matters within that court’s jurisdiction. Any appeal, transfer, or removal of such action shall be subject to binding arbitration as set forth in this Agreement.
Informal Resolution Required: Before initiating arbitration, the Parties shall first attempt in good faith to resolve the Dispute through written notice and informal discussions. If the Dispute is not resolved within fifteen (15) calendar days after written notice, either Party may proceed to arbitration as set forth below.
Binding Arbitration: Any Dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable consumer or commercial arbitration rules, as determined by the AAA. The arbitration shall be conducted before one (1) arbitrator in Morris County, New Jersey, unless the Parties agree otherwise in writing. New Jersey law shall govern the arbitration, without regard to conflict-of-law principles.
Knowing And Voluntary Waiver of Court and Jury Trial: By signing this Agreement, the parties knowingly and voluntarily waive the right to file a lawsuit in court and the right to have any dispute decided by a judge or jury. The parties understand that disputes will instead be resolved by binding arbitration as described in this section.
Authority of Arbitrator; Contract Limitations Apply: The arbitrator shall have authority only to award relief consistent with the terms of this Agreement. The arbitrator shall enforce all limitations of liability, waivers of damages, and risk-allocation provisions contained in this Agreement and shall not award consequential, incidental, special, exemplary, or punitive damages, except where such limitation is prohibited by applicable law.
Contractor Carve-Outs Preserved: Notwithstanding the foregoing, Contractor retains the right, at its sole option, to pursue in a court of competent jurisdiction:
(a) actions solely for the collection of undisputed amounts due;
(b) enforcement, preservation, or foreclosure of mechanic’s or construction lien rights or similar statutory remedies; and
(c) temporary, emergency, or injunctive relief necessary to prevent imminent property damage, protect the Work, preserve evidence, or prevent interference with access to the Property.
The exercise of any such rights shall not waive the obligation to arbitrate all other Disputes.Costs and Fees: Each Party shall bear its own attorneys’ fees unless otherwise provided in this Agreement or awarded by the arbitrator as permitted by applicable law. Arbitration administrative fees and arbitrator compensation shall be allocated in accordance with the applicable AAA rules and governing law. Notwithstanding the foregoing, fee-shifting provisions in this Agreement (including collection and nonpayment remedies) shall be enforceable in arbitration to the fullest extent permitted by law.
Severability: If any portion of this arbitration provision is found unenforceable, the remainder shall remain in full force and effect to the fullest extent permitted by New Jersey law.
Acknowledgment: Customer acknowledges that this arbitration provision is a material term of this Agreement, that it affects Customer’s legal rights, and that Customer has had the opportunity to review and ask questions about it before signing.
NOTICE OF NONCONFORMING WORK; OPPORTUNITY TO INSPECT AND CURE; ACCEPTANCE
Customer acknowledges that landscaping and construction work involves field conditions and reasonable on-site adjustments. If Customer believes any portion of the Work materially fails to conform to Schedule A (“Material Nonconformance”), Customer must provide Contractor written notice within five (5) business days after the earlier of:
(i) the date Contractor sends written notice (email/text acceptable) that the applicable portion of the Work is Substantially Complete; or
(ii) Customer’s first use, occupancy, walk-on, drive-on, or other benefit from the applicable portion of the Work.
Content Requirements: Any notice must identify the specific location(s) and nature of the alleged Material Nonconformance in reasonable detail and, where reasonably available, include photos. General statements (for example, “not acceptable,” “not level,” “not per guidelines”) without specific detail do not satisfy this notice requirement.
Project Communications Before Completion: Customer may raise concerns at any time during performance. Any notice provided before the start of the five (5) business day period above shall be treated as a project communication only and shall not (a) constitute rejection of the Work, (b) extend or restart the notice period, or (c) create an obligation for Contractor to perform unpaid additional work beyond the Scope.
Right to Inspect and Cure: Contractor shall have a reasonable opportunity to inspect and, if warranted, cure verified Material Nonconformance. Customer shall not repair, alter, disturb, or allow third parties to repair or alter the Work prior to Contractor’s inspection and opportunity to cure, except in an emergency necessary to prevent imminent bodily injury or imminent property damage.
Acceptance / Deemed Acceptance: Customer’s failure to provide timely written notice meeting the requirements above constitutes acceptance of the applicable portion of the Work. Customer’s use of the Work constitutes acceptance. Acceptance shall not be unreasonably withheld for minor or cosmetic items that do not materially affect intended function.
Project Documentation: Contractor’s photographs, videos, daily logs, inspection notes, delivery records, and project documentation are business records created in the ordinary course of business. Such records may be used to document site conditions, progress, Substantial Completion, Final Completion, and compliance with this Agreement.
In the event of a dispute, Contractor’s contemporaneous project records shall be admissible and may be relied upon to determine the condition of the Work, timing of completion, and site conditions, subject to applicable law.
LIMITATION OF LIABILITY; WAIVER OF CONSEQUENTIAL DAMAGES
To the fullest extent permitted by law, Contractor’s total aggregate liability arising out of or relating to this Agreement, the Work, the Property, or any alleged act or omission of Contractor (whether in contract, tort, negligence, warranty, strict liability, or otherwise) shall not exceed the lesser of:
(i) the total Contract Price set forth in Schedule B (including approved Change Orders); or
(ii) the total amount actually paid to Contractor under this Agreement.
In no event shall Contractor be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation diminution in property value, loss of use, loss of enjoyment, alternative living expenses, financing costs, delay damages, lost profits, or the cost of substitute contractors—whether or not Contractor was advised of the possibility of such damages.
This limitation applies to all claims in the aggregate and is an essential basis of the bargain between the Parties. Nothing in this section limits liability to the extent such limitation is prohibited by applicable law for Contractor’s gross negligence or willful misconduct.
INDEMNIFICATION; DEFENSE; HOLD HARMLESS
To the fullest extent permitted by law, Customer shall defend, indemnify, and hold harmless Contractor, its members, managers, employees, subcontractors, and agents from and against any and all claims, demands, causes of action, damages, losses, liabilities, judgments, penalties, liens, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:
(a) the condition of the Property (including subsurface conditions, concealed conditions, drainage conditions, or hazardous materials) except to the extent caused by Contractor’s gross negligence or willful misconduct;
(b) any undisclosed, unmarked, or inaccurately marked utilities or private lines, including irrigation, lighting, invisible fencing, septic components, drainage piping, wiring, data/telecom lines, or any similar private systems;
(c) acts or omissions of Customer, residents, guests, HOA, property managers, or any third parties, including interference with access, refusal to relocate vehicles/objects, failure to follow care instructions, or unauthorized modifications/repairs;
(d) Customer’s misuse, neglect, failure to maintain, or failure to comply with written care, watering, maintenance, or usage guidelines provided by Contractor;
(e) third-party work performed before, during, or after Contractor’s Work that impacts the Work, including utility repairs/installs, irrigation, lighting, fencing, masonry, construction, or landscaping by others.
Defense Obligation: Customer’s duty to defend is immediate upon written demand by Contractor and includes payment of reasonable attorneys’ fees and costs as incurred, subject to reimbursement if a final adjudication determines the claim is solely caused by Contractor’s gross negligence or willful misconduct where such reallocation is required by law.
No Limitation on Payment Obligations: Customer’s indemnity and defense obligations are independent of and in addition to Customer’s payment obligations under this Agreement.
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 Architectural services are required by the town once the permits have been submitted, the applicable fees will be billed to the Customer separately. The exact hourly rate and overall cost does vary project to project, but pricing will be shared with the Customer 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 than 3 months after installation date. The filling of water bags is the homeowner’s 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.
Plants, sod, and seed are living biological materials subject to variables beyond Contractor’s control, including soil composition, drainage, sunlight, weather, watering practices, disease, pests, wildlife, and foot traffic. Contractor warrants only that installation will be performed in a workmanlike manner consistent with industry practice. Except as expressly stated in the Plant Warranty section, Contractor does not guarantee survival, growth rate, appearance, sod establishment, or seed germination. Customer is responsible for post-installation care, including watering and maintenance. Failure caused by improper or inconsistent watering, chemical applications by others, lack of maintenance, extreme weather, or wildlife is excluded.
PLANT WARRANTY
Plants, sod, and seed are living biological materials. Their survival, growth, and appearance depend on factors beyond Contractor’s control, including but not limited to soil conditions, drainage, sunlight, weather, watering practices, pests, disease, wildlife, chemical applications by others, and ongoing maintenance.
No General Plant Warranty except as expressly stated below, Contractor does not warrant or guarantee plant survival, growth rate, appearance, sod establishment, or seed germination. Contractor’s sole obligation is to install plant material in a workmanlike manner consistent with industry standards.
Limited Plant Warranty (If Applicable) Contractor provides a limited one (1) year plant replacement warranty, beginning on the date of installation, only for plant material that:
A) is supplied and installed by Contractor; and
B) is served by a functioning and active permanent irrigation system installed at the Property.
C) is expressly conditioned upon Customer’s continuous enrollment and compliance with Contractor’s Plant Health Care (PHC) Program for the duration of the warranty period, unless Contractor expressly agrees otherwise in writing. Failure to enroll, maintain, or comply with the PHC Program voids the plant warranty. “Compliance” means Customer remains enrolled without lapse, pays PHC invoices when due, and Contractor is permitted reasonable access to perform PHC visits as scheduled.
Customer must provide Contractor reasonable access to inspect and perform warranty work. If access is delayed, warranty timelines are tolled, and additional mobilization charges may apply if multiple trips are required.
This limited warranty covers replacement, one time only, of plants installed by Contractor that die within the one-year warranty period, subject to the exclusions and conditions set forth below. Any warranty offered applies only if all stated conditions are fully satisfied.
Plant Installation Warranty Exclusions:
Improper Irrigation Management: Damage or plant death resulting from inadequate or excessive watering due to improper management, adjustment, or maintenance of the permanent irrigation system by the Customer
Irrigation System Malfunction: Any failures, blockages, leaks, or malfunctions within the 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.
Customer 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.
Plant Availability & Substitutions
Customer acknowledges that plant material availability is subject to factors beyond Contractor’s control, including but not limited to seasonal timing, nursery inventory, grower availability, weather conditions, transportation issues, and site-specific conditions. While Contractor will make commercially reasonable efforts to provide the plant species, sizes, and quantities identified in the Scope of Work, Contractor reserves the right, in its professional judgment, to substitute plant material of substantially similar species, size, habit, color, and overall value when the specified material is unavailable, unsuitable for site conditions, or impractical to source within a reasonable timeframe.
Such substitutions shall be selected to preserve the overall design intent, scale, and visual balance of the landscape and shall not constitute a material change to the scope of work. Contractor may make such substitutions without prior written approval, provided the substituted plant material is reasonably comparable in quality, aesthetic intent, and functional purpose to that originally specified.
No Refunds for Substitutions: Plant substitutions made in accordance with this Agreement do not constitute defective workmanship or failure to perform. No refund, credit, or price reduction shall be due where substituted plant material is of substantially similar quality and value. Substituted plant material selected in accordance with this Agreement is deemed equivalent for pricing purposes. No pricing adjustment shall apply unless expressly stated in a written Change Order executed by Contractor.
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. A “lifetime warranty” means a limited warranty covering qualifying installations for the duration of Contractor’s active business operations under the name Golden Wolf Landscape & Design, LLC. This warranty applies only to the original Customer and is non-transferable.
Remedy Limitation: Contractor’s sole obligation under the lifetime warranty is, at Contractor’s option, to repair or replace the affected portion of the original installation. Contractor is not required to remove or replace undamaged work, improve original design standards, or match discontinued or unavailable materials. No refunds or cash compensation shall be provided under the lifetime warranty.
The lifetime warranty covers only defects in workmanship directly attributable to Contractor that materially impair the structural integrity or intended function of the installation. Coverage is limited to the original installation area and does not include surrounding or modified areas.
Unless expressly stated otherwise in writing, the lifetime warranty does not include: Cosmetic appearance, color variation or fading, efflorescence, normal wear and tear, minor settlement not affecting intended use, matching of discontinued materials
Lifetime warranty coverage is conditioned upon proper use, routine maintenance consistent with Contractor’s written care instructions, and no alterations, repairs, regrading, utility work, or modifications by Customer or third parties that affect the installation. Use of prohibited deicing chemicals, misuse, overloads, or unauthorized repairs voids the lifetime warranty.
Customer must provide written notice of any warranty claim within thirty (30) days after discovery of the condition. Failure to provide timely notice voids the warranty claim.
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.
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 Customer or other parties.
Failure to Report Timely: Damage or concerns not reported promptly within thirty (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 lifetime warranty of all lighting systems installed. A “lifetime warranty” means a limited warranty covering qualifying installations for the duration of Contractor’s active business operations under the name Golden Wolf Landscape & Design, LLC. This warranty applies only to the original Customer and is non-transferable.
The lifetime warranty covers only defects in workmanship directly attributable to Contractor that materially impair the structural integrity or intended function of the installation. Coverage is limited to the original installation area and does not include surrounding or modified areas.
Contractor’s sole obligation under the lifetime warranty is, at Contractor’s option, to repair or replace the affected portion of the original installation. Contractor is not required to remove or replace undamaged work, improve original design standards, or match discontinued or unavailable materials. No refunds or cash compensation shall be provided under the lifetime warranty.
Lifetime warranty coverage is conditioned upon proper use, routine maintenance consistent with Contractor’s written care instructions, and no alterations, repairs, regrading, utility work, or modifications by Customer or third parties that affect the installation. Misuse, overloads, or unauthorized repairs voids the lifetime warranty.
Customer must provide written notice of any warranty claim within thirty (30) days after discovery of the condition. Failure to provide timely notice voids the warranty claim.
Please note that warranties only apply for full installations, not repairs or partial 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 Exclusions:
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 thirty (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.
Customer represents that all known private utilities and site features have been disclosed to Contractor prior to commencement. Contractor is not responsible for locating or marking private utilities. Customer is responsible for providing a current property survey when property lines, easements, or boundary-dependent improvements are implicated. Contractor is not responsible for boundary disputes or encroachments arising from inaccurate or incomplete survey information supplied by Customer.
Industry Guidelines; Tolerances; Site Conditions
Contractor installs hardscape improvements using generally accepted industry practices and applicable manufacturer recommendations, including published guidelines from organizations such as the Interlocking Concrete Pavement Institute (ICPI) and National Concrete Masonry Association (NCMA), where reasonably applicable. Customer acknowledges such publications are guidelines and best-practice recommendations and are not building codes or legally binding standards unless adopted by an applicable authority having jurisdiction.
Customer further acknowledges that site-specific conditions, including existing grades, structures, drainage constraints, soil conditions, transitions to existing surfaces, and aesthetic requirements may require reasonable field adjustments. Minor variations from published guideline tolerances shall not constitute defective workmanship, provided the installation is structurally sound, functional for its intended use, and consistent with workmanlike industry standards. Contractor is not required to perform work that would compromise structural integrity, safety, or drainage solely to meet a guideline recommendation that is impractical for the existing site conditions.
Slope & Surface Performance
Unless Schedule A expressly states an exact numerical slope, Contractor does not warrant that paved surfaces will conform to a precise percentage grade. Contractor will install surfaces to promote reasonable drainage and usability consistent with site conditions and industry practice. Customer acknowledges minor deviations may occur due to compaction, base behavior, transitions, and natural settling.
Drainage & Water Behavior
Unless expressly stated in Schedule A as a guaranteed performance outcome, Contractor does not warrant or guarantee elimination of standing water, seepage, runoff, icing, or moisture. Drainage behavior depends on factors beyond Contractor’s control, including subsurface conditions, municipal infrastructure, neighboring properties, weather intensity, freeze-thaw cycles, and pre-existing grading. Contractor’s scope is to implement the drainage measures described in Schedule A in a workmanlike manner; results may vary based on site conditions.
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.
Concealed or Unforeseen Conditions
Please note that during excavation of construction/installation jobs, there could be unforeseen circumstances below ground, specifically large rocks, debris, etc. that may alter the course of work. There is no way to one hundred percent (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 falls within this description of the "Rock Clause", the Customer will be notified as soon as possible to discuss next steps.
Customer acknowledges that subsurface and concealed conditions are not fully ascertainable prior to excavation or demolition. If Contractor encounters concealed or unforeseen conditions, including but not limited to rock, buried debris, unsuitable or unstable soil, underground water, springs, undocumented structures, private utilities, septic components, drainage piping, irrigation components, or hazardous materials, Contractor may suspend affected Work and will notify Customer. Any resulting changes in scope, cost, or schedule shall be addressed by Change Order. Contractor is not responsible for delays or costs resulting from concealed or unforeseen conditions.
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.