Terms Of Service

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:

1. Term of Agreement

The term of this Agreement shall begin on or about ________ and shall end on or about _________(the “Term”), 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.

2. Contract Duties

2.1 Duties. During the Term of this Agreement, Contractor shall timely and fully perform the Contract Duties set forth in Schedule A.

2.2 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.

3. 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 30 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.

4. Standards of Performance

4.1 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.

4.2 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.

4.3 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.

4.4 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.

4.5 Supervisor. When required by Customer, Contractor shall provide a competent and trained on-site supervisor for performance of the Contract Duties.

4.6 Waste Removal. Contractor shall keep the Property free from accumulation of waste materials or rubbish caused by Contractor's operations.

4.7 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.

5. Compliance

5.1 Compliance with Laws. The Parties shall comply with all applicable laws in performing the Contract.

6. 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 .

7. Early Termination

7.1 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.

7.2 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.

7.3 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.

8. Assignment and Subcontracting

8.1 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.

9. 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.

10. Miscellaneous.

10.1 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.

10.2 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.

10.3 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.

10.4 Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the Parties (“Change Order”).

10.5 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.

10.6 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.


10.7 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.

10.8 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.

11. Additional Terms & Conditions:

*Please note all of the below line items may not be applicable to all Customers. We include these additional terms and conditions for every contract.

The Price set forth in Schedule B 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 Schedule B.

1. Schedule B of this Agreement does not include any required taxes which will be included in any invoice and set forth separately as part of Contractor billing.
2. Contractor’s employees will conduct themselves in a professional manner and be neatly dressed in the company uniform for immediate identification.
3. 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.
4. 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.
5. 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.
6. Contractor is not responsible for any underground utilities not properly installed or buried as mandated by NJ One Call.
7. Please note, we do not guarantee seed germination. There are too many variables with the weather conditions for Contractor to guarantee germination. We recommend if possible, to be on site when we perform the seeding to verify our installation techniques are correct.
8. Contractor does not warrant against efflorescence in concrete products.
9. 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.
10. Contractor is not responsible for depressions or cracks on any driveway, sidewalk, or apron surface. Contractor will undertake reasonable commercial measures to limit any potential damage.
11. Price is contingent on approval of materials as submitted. Pricing is based on one continuous operation until completion.
12. Pricing is based on the assumption that there are no underground utility conflicts.
13. All material is guaranteed to be as specified. All work to be completed in a workman like 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.
14. 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.
15. Customer is responsible for notifying Contractor in writing of any wires, sprinkler, or dog fences etc. before work begins. If Contractor is not notified, Customer is solely responsible for any damages.


LAWN CARE EXEMPTIONS:

1. Lawns are a living thing and need constant care. Weather conditions, environment, turf grass types, quality of mowing, etc all contribute to a healthy lawn.
2. A soil test is highly recommended. (Tells us what needs to be corrected in the soil)
3. If you mow your own lawn, please mow it at 3" or higher. Mowing your lawn lower than that is counter productive and encourages weeds, disease, & insect damage.
4. The first lawn treatment of the year typically gets applied in March to mid-April and contains the pre-emergent crabgrass control. If you call to sign up later than that, it is likely you will have some crabgrass and other grassy weeds breakthrough.
5. There is an additional charge for fungicide treatments to control turf disease if needed.
6. It is beneficial to consider core aeration and over seeding each Fall. (Compaction is a major problem with soil in our area. This service will help the roots to expand.)


WATERING INSTRUCTIONS (GRASS):

The key to establishing a newly installed lawn, whether it is seeded or sodded, is proper watering. You should water once a day for 4 weeks in the early morning or late afternoon. For the remaining season, water every 3rd-4th day.

To measure watering, place an empty can about six feet away from the sprinkler. When there is an inch of water in the can, it is time to move the sprinkler to the next area. Mowing can begin when the grass reaches 3 to 3 ½ inches. Set your mower to a cutting height of 3+ inches.

A good rule to follow is never remove more than 1/3 of the grass height. Keep leaves, people, pets and toys off the lawn for the first 2-3 weeks. Grass should be fertilized at least twice a year, once in spring and again in the fall. Do not use crabgrass pre-emergent or weed control products until new grass has been mowed three times.



PLANT & TREE WATERING INSTRUCTIONS:

Watering is by far the most important ingredient to establishing plant material. A good schedule to follow is to water your plants twice a week (hot summer days you may have to water more frequently). Trees should receive 5-10 gallons of water every 2-3 times per week.
Shrubs get 3 gallons of water every 2-3 times per week. The best options for large planting areas are to set a sprinkler on the entire area, or use a soaker hose. To measure watering, place an empty can about six feet away from the sprinkler.

When there is an inch of water in the can, it is time to move the sprinkler to the next area. Perennials will frequently dry out faster and should be watered as needed (possibly daily). It is better to water deeply and less frequently, than to lightly water every night. It is also possible to over-water, so before watering again, stick your finger a couple of inches into the soil, (making sure you go through the mulch), if the soil is wet – do not water.

Check daily and water again when necessary.

Once the plants are established, once-a-week watering should be sufficient. In year 2, monitor your plants during the heat of the summer, they will need to be watered during hot or dry periods.
NOTE: Just because it rains do not assume you do not have to water. We have to receive at least one inch of rainfall to skip watering.


SNOW CONTRACT CONDITIONS:

a) This contract covers plowing on a “per inch” price and de-icing on a “per application” basis.
b) Contractor will not be held liable for damage to plantings, turf, or concrete surfaces caused by deicers, providing rock salt is not used on concrete. Contractor will exercise due care and caution while performing services so as to avoid damage to Client’s property. Contractor will apply calcium chloride to concrete surfaces and rock salt to asphalt surfaces.
c) Please note that during extreme ice conditions, such as hours of heavy sleet, all “per inch” pricing could also include charges for extreme weather.
d) Contractor is not healed liable for any injury, damage, or death if homeowner does not tell/approve Golden Wolf to come out and service property
e) INSURANCE: Certificate will follow upon acceptance of proposal.
f) Snow staking is not required, but it is highly recommended. Homeowner or manager can stake out the property by themselves. If homeowner or manager agrees to not proceeds with snow staking, an additional fee is subject to plowing services due to the difficulty it presents to the operator. If there is damage to the property such as scrapes, scratches, damaged Belgium block or concrete curbing, grass being ripped up, plants being damaged, and the property was not marked out, the contractor is released from all liability

SERVICES NOT INCLUDED IN THIS CONTRACT:

a) Removal of built up snow banks either from the property or to a different location on the property. This will be billed at an hourly rate. (Please request hourly rate schedule if this may apply)
b) Shoveling and / or applying ice melt or rock salt in between parked cars. We do not provide this service unless it is specifically requested.
c) STANDARD PRACTICES TO BE FOLLOWED BY RESIDENTS
d) Vehicles shall not be parked in front of garage doors to allow removal of snow or salting services during storm.
e) Vehicles during a major snow fall should be parked in a designated area to allow for clean-up of excess snow accumulated during storm.
f) Please DO NOT move vehicle during event unless for the purpose of entering or exiting the property. Clients are encouraged to clean off and move their vehicles at the CONCLUSION of the event for the clearing of snow covered parking spaces.
g) Cleaning off cars of snow or ice
h) Chipping ice off walkways, stoops, sidewalks, cars, or streets

Client understands that snow accumulations may vary throughout the county, and that accumulations in one section of the county are not necessarily indicative of the accumulation at the Clients’ particular location. Reports of damages must be reported to the contractor within 24 hours. Failure to report damages constitute a waiver and the contractor is released from liability. Contractor shall not be liable for the removal of snow which is plowed or shoveled by other snow plowing services or private parties onto areas previously cleared by Contractor.

Contractor will not be responsible for plant or sod damaged by salty snow from streets or by snow piled next to roadways. Also, Contractor cannot be responsible for scratches or scrapes in asphalt, asphalt curbing, or concrete curbing. Contractor is not responsible for damage to asphalt berms or removal of asphalt berms due to improper installation. If in the event the Client requests snow removal and hauling snow due to the accumulation of plowed snow at the perimeter of plowed areas, around islands, light poles, fire hydrants, or any other obstruction, either off site or to a designated on site location, such services will be performed hourly.

Contractor shall not be responsible for the removal of vehicles which may be obstructing those areas to be cleared of snow, as provided under the terms of this agreement, and in no event shall Contractor be required to return to Clients property in order to plow area previously obstructed without additional charge to the client. Accounts that are past due will not be serviced until account is brought up-to-date. Payments not received after the first of each month, per this contract, are considered late.

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.

If Client shall fail to pay any sum when due or shall be in default hereunder in any manner other than through the nonpayment of money, then Contractor shall have the right to accelerate all obligations of the Client under this Agreement, including payment of the entire balance due to Contractor under this Agreement. Client understands that plowing (or de-icing) of a particular location may not clear the area to “bare pavement” and that slippery conditions may continue to prevail even after plowing (or application of salt). Client understands that Contractor assumes no liability for this naturally occurring condition.

Client agrees to defend and hold harmless the contractor for any and all trespasses or suits that may arise as a result of this naturally occurring condition. If sidewalk snow removal is selected as an option: Client understands that sidewalk crews may not work safely if temperature and wind conditions combine to make Wind Chill Factors below 0 degrees Fahrenheit. Client agrees and understands that Contractor reserves the right to stop working in these severe conditions (without penalty) so as not to force unsafe conditions upon our employees

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.


By: Golden Wolf Landscape & Design