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Terms & Conditions
Updated August 1, 2021

Payment Terms and Conditions

 

Installation

A 50% deposit is required with the signed contract under $40,000. Work and materials will be scheduled after the deposit is received and the materials are available. The balance is due upon completion of the work. An invoice will be supplied, and payment is due in full upon receipt. 

 

A 30% deposit is required with the signed contract over $40,000. Work and materials will be scheduled after the deposit is received and the materials are available. An additional 40% is due when work begins and the final 30% is due upon completion of the work. An invoice will be supplied, and payment is due in full upon receipt. 

 

Irrigation, Clean Up and Tree Services

Work and materials will be scheduled after receipt of the signed contract and a 50% deposit for jobs valued over $1,000.00. The balance will be invoiced upon completion of the job with payment in full due within 7 days. 

 

For jobs valued under $1,000.00, work and materials will be scheduled after receipt of the signed contract. An invoice will be supplied upon completion of the work, and payment is due in full within 7 days.

 

Pre-Emergent Spray

Work and materials will be scheduled after receipt of the signed contract. An invoice will be supplied upon completion of the work, and payment is due in full within 10 days.

 

Maintenance Services

Maintenance Services will be scheduled after receipt of the signed contract. An invoice for services will be supplied on the 1st of the month with payment due by the 30th of the month.

 

Taxes: Applicable taxes are the responsibility of the Client and will be added to the final invoice accordingly. 

 

Payments Received: The warranty for the contract is only valid if payment is received in full on acceptance of the work.

 

Late Payment: Should the Client fail to make payments as they become due under the terms of the Contract or in the event of any claim, interest at twelve percent (12%) per annum above the prime rate on unpaid amounts shall also become due and payable. The act of non-payment creates a lien in favor of ZebraScapes.

 

Warranty and Tolerances

Site unknowns:  including, but not limited to, sub-surface conditions, or obstacles that create unforeseen labor, equipment, material, or disposal charges that were not quoted in advance of work being performed may require changes in design and construction to overcome such problems – all for which the Client will be responsible. A signed Change Order to authorize work is required.

 

Extra Work and Changes to the original quote or contract: whether at the request of the Client or if it becomes necessary for ZebraScapes to make changes in any designs, drawings, plans, materials or specifications for any part of the project for reasons over which we have no control, the additional work will be quoted in advance of work being performed. A signed Change Order to authorize work is required.

 

Hardscape Installations: All construction and installation are warranted for a period of one (1) year, providing that there has been proper maintenance. All construction materials are subject to manufacturer’s specific warranties/guarantees.

 

Irrigation: System installation is warranted for one (1) year. Components are covered under manufacturer warranty. This warranty includes all system components installed by ZebraScapes, including the controller, valves, sprinkler heads, pipe, and backflow device. The warranty includes only defects in materials or workmanship and expressly excludes improper usage of the system, damage caused by freezing, fire, flooding, any other natural phenomena, or damage by any other cause. Any modification or repair of the system by any company other than ZebraScapes voids this warranty. This warranty expressly excludes (1) the cost of testing the backflow device as may be required by water providers after the initial inspection at installation (2) clogging of system components due to debris in the water supply. 
 

ZebraScapes warrants for a period of one (1) year, that all lawn or planter bed areas detailed or specified in the original proposal will be properly irrigated according to industry standards in effect at the time of installation. Changes to beds or changes due to plant growth are not warranted.

 

Trees and Shrubs: Trees and shrubs that are supplied and installed by ZebraScapes are guaranteed to be healthy and disease-free at the time of installation. All trees and shrubs supplied by ZebraScapes are warranted from the date of installation, when there is a ZebraScapes approved automatic irrigation system (inspected with timer adjustment) and the plants are sufficiently hardy and appropriate for the soil, climate, and weather conditions associated with the site, and that they are properly maintained in keeping with standards for assuring the longevity of such plants.

 

 

Trees are guaranteed for a one hundred and eighty days (180), shrubs one hundred and ninety days (90) from the date of initial installation, against death due to transplant shock. 

 

We do not warranty plants that die due to:

1) Wildlife damage

2) Physical impact

3) Improper care or maintenance

4) Chemical damage

5) Improper irrigation

6) Insect or disease acquired after installation

7) Severe weather conditions that the healthy plant could not be expected to sustain against

8) Fire

 

Each plant covered under this warranty is guaranteed to be replaced one time only during the one hundred and eighty days (180) for trees and ninety days (90) for shrubs. This guarantee is only valid if complete payment is made for the contract that encompassed the warranted item and is not transferable from the original purchase party to any future property owners. 

 

Note: when planting trees, the irrigation system must be close to the root ball. Once the tree is established, it is recommended that irrigation lines be moved out to the edge of the canopy to ensure water reaches the roots as the tree grows. This service is offered at an additional charge and can be quoted as requested. Failure to move irrigation lines after a tree is established may cause the tree to die and void the warranty.

 

Perennials: Perennials are guaranteed for the same-planted season only. "Delicate” plants, such as rhododendrons and plants that are not typically suitable for the Client’s plant zone, may come with no warranty, due to the risk involved. 

 

Winter Protection: All evergreens, broadleaf evergreens and delicate plants must be burlapped in their first season to validate warranty. The Client can schedule ZebraScapes to perform this service at an additional cost.

 

Plant Availability: In some instances, some plants, shrubs, bushes, and trees may not be readily available to procure in time for the required planting period associated with the contract. In that event, ZebraScapes will work closely with the Client to provide an approved substitution(s) – subject to availability. The Client will always reserve the right to request plants and related materials that are not locally available.

 

Plant Seasonality: Various plants, bushes, shrubs, and trees have ideal times for planting. Planting out of season at the request of the Client will void any warranty for those plants. ZebraScapes will advise the Client any requested planting that will void the warranty by out of season planting. The Client reserves the right to request that plants that cannot be planted without voiding the warranty be exchanged or planted in the next planting season without any additional costs being borne by the Client.

 

Plant Diseases: Should the Client recognize ill health in the plants, shrubs, bushes, or trees that have been supplied under the Contract, it is the Client’s responsibility to immediately inform ZebraScapes. A ZebraScapes technician will determine the nature and source of the illness. If it is deemed that the plant was infected prior to installation, ZebraScapes reserves the right to first use herbicides, fertilizers, and insecticides to return the plants to good health. Should efforts to restore the plant’s heath fail, the Client is entitled to a refund only. Due to plant availability, the Clientassumes the risk and liability of rare specimens. However, ZebraScapes reserves the right to remove all or a portion of the warranty depending upon the nature of the source of the plant infections. In all cases, ZebraScapes shall work with the Client to minimize damage to the existing contract related plants.

 

Plant Replacement: ZebraScapes is allowed up to one (1) year to source, match and replace dead or ill plants (due to scarcity). The Client reserves the right to either a full refund within one (1) year or wait for a suitable replacement. Should the plant be a matching pair or series, and it is not possible to replace, ZebraScapes agrees to replace all plants in the series or pair at ZebraScapes’ cost.

 

Lawns: New lawns are guaranteed to be healthy at time of installation only. The area needs 4-6 hours of consistent daily sunlight and a functional irrigation system in order to properly germinate. Should new sod be damaged due to animals (pets or wild animals, i.e., raccoons, skunks) the Client will incur all costs for replacement. Sod pegs can be installed for an additional fee to deter animals from causing damage. Pegs are not guaranteed to prevent damage from animals.

 

Water Plants: Water plants are guaranteed for same-planted season only.

 

Weeds: ZebraScapes shall use efforts to minimize any weeds, however, it shall not be required to inspect or otherwise ensure that there is no weed or other unwanted plant matter upon the Client’s property in any soil or root balls/planting container of plant materials, nor shall it provide warranty for the removal of existing weeds.

 

Replacement Plant Material: ZebraScapes does not guarantee plant material that has been transplanted on site. Replacement plant material is not guaranteed.

 

Required Maintenance: Client failure to follow normally accepted horticultural planting care and maintenance with equal, equivalent or superior efforts, tools and resources will void any warranty on items so affected. Where ZebraScapes recognizes that the Client lacks sufficient resources (water pressure, power outlets, and related) to enable the full maintenance and enjoyment of the materials, construction(s) and/or horticultural elements associated with this Contract, ZebraScapes will also inform the Client and recommend possible solutions. However, ZebraScapes is not obliged to be wary of such needs or to account for them in this contract in terms of design, construction or costs, and the Client fully accepts responsibility for obtaining such knowledge and acting accordingly.
 

Water Supply: Where water supply becomes an issue and negatively detracts from ponds, waterfalls, and other water features, the Client recognizes and agrees that such problems are the sole responsibility of the Client.

 

Client Responsibilities: The Client recognizes and agrees that they have a responsibility to maintain constructions, plants, bushes, trees, and other installations in keeping with standard quality maintenance requirements for the warranty to remain in effect. Failure to properly maintain materials or horticulture installations will void the warranty. Client further recognizes and agrees that damage to construction, materials, horticulture elements and other warrantable items of the project will not be warranted if the damage or loss is due to elements beyond the control of ZebraScapes. For example, flooding eave troughs that damage plants, fallen branches, animal caused damage, frozen/ burst irrigation or drainage pipes that were not seasonally drained at the proper time, use of improper chemicals, improper maintenance, extreme or unusual weather conditions, and similar and/or related situations – void all warrantees provided by ZebraScapes.

 

Material Tolerances

Natural and Manufactured Stone: Color differences that vary from stone to stone are expected. In addition, mineral deposits such as lime, iron, etc. can change the stone and even bleed. This is the nature of the product, and the Client accepts this as a natural and acceptable quality of the stone. Efflorescence is not covered under the warranty.
 

Metal: Metal which is not galvanized, is not guaranteed from rusting commencing immediately after installation.

 

Concrete: Spider cracks (hairline stress-fractures) are considered a normal characteristic of all types of concrete.  Concrete may crack substantially over time due to proximity of tree roots. Colored concrete consistencies vary from truck to truck; therefore, it is not possible to produce an exact match with pours over nine meters. The Client absolves ZebraScapes of liability when “smooth” concrete is the desired finish (due to slippage).

 

Wood: Pressure treated wood cannot be guaranteed against warpage, checking, or cupping. Cedar is expected to crack up to 3/8-inch the entire length of the wood.

 

Material Grades: The Client recognizes that all materials come in a range of grades of quality and finishes and that natural materials are not perfect. Natural wood has knots, and other natural materials have variability in color due to a wide range of factors. A material sample, while useful in selection decision-making, cannot be expected to accurately represent the total completed surface of a given construction or installation. ZebraScapes shall endeavor to enable the Client to see or understand the representative range of color, surface texture, and other material attributes. Once the selection has been approved by the Client, the Client will be responsible for all costs associated with changing any given material should the Client change their mind during or after material is purchased or constructed.

 

Diligence: ZebraScapes agrees to carry out its work diligently and to provide sufficient supervision and inspection of its staff and subcontractors and that its work will be of proper and professional quality, and in full conformity with the requirements of the contract. ZebraScapes reserves the right to hire subcontractors as it sees fit and is responsible for financial compensation directly to its subcontractors. ZebraScapes agrees that only those workers legally authorized to work in the United States will be hired for this project and will maintain an insurance policy which will cover equipment, materials, and all employees and/or subcontractors.

 

Competence: ZebraScapes warrants that it is competent to perform the work and that it has the necessary qualifications including knowledge and skill with the ability to use them effectively.

 

Damaged Utilities: Should damage occur to utilities during construction, ZebraScapes is only liable for the cost of the repair. ZebraScapes is not liable in any way for inconvenience to the Client caused by damage to the utilities, including but not limited to water or power costs incurred. Damage to neighbors buried utilities, on the Client’sproperty, are the responsibility of the Client.
 

Building/Window/Vehicle Washing: Buildings, windows, or vehicles of the Client, including neighbors, are not intended to be kept clean due to dust during construction or work performed by ZebraScapes. Any necessary cleaning due to construction or work by ZebraScapes will be the responsibility of the Client.

 

Schedules: ZebraScapes estimates start and completion dates for work to be performed with no guarantee to begin or finish on specific dates unless otherwise noted on the contract.

 

Permits: The homeowner is required to obtain and pay for all necessary permits for the work outlined in the contract, unless stated otherwise.

 

Exclusions: Unless the contract states otherwise, the following work is not included in the scope of work to be performed: 

Electrical work is to be done by a certified electrician only and is always additional to the contract.

 

Iron railings removed during construction are always re-attached at an additional cost.
 

Damage to existing irrigation lines during construction is considered to be an additional cost.
 

Drainage: Should the Client’s property be the lowest elevation in relation to surrounding property or buildings, the ZebraScapes reserves the right to retain a Soil Engineer to evaluate and propose drainage solutions. All costs for engineering services, as well as the actual drainage work will be at the Client’s expense. Unless the Client has a detailed topographic survey completed, the above clause may come into effect.
 

Acceptance of Work: The Client is to inspect all work performed at the completion of the job. Any discrepant work shall be communicated to ZebraScapes in writing. Except as noted on this list, the Client accepts the work as is. 

 

Work Product Ownership: Any designs, renderings, quotations, ideas and concepts developed by ZebraScapes will be our exclusive property, and the Client agrees not to share this confidential information with competitors. 

 

ZebraScapes retains the right to photograph the work performed for the purpose of website and/or company marketing materials, without remuneration or reimbursement to the Client. No mention of name, address or otherwise personal information will be used in any publication of these photographs, and the photographs shall not be used for any purpose other than for advertising/promotional materials.

 

Force Majeure: If performance of this contract or any obligation under contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”) and if the party unable to carry out its obligations gives the other arty prompt written notice of such event, then the obligations of the party evoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military authority, or by natural emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppage. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents or affiliates.

 

Indemnification: The Client agrees to indemnify and hold ZebraScapes harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgements that may be asserted against ZebraScapes that result from the acts or omissions of ZebraScapes and/or employees, agents or representatives.

 

Dispute Resolution: The parties will attempt to resolve any dispute arising out of or relating to this contract through friendly negotiations amongst parties. If the matter is not resolved through negotiation, the parties will resolve the dispute using mediation in accordance with any statuary rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek another form of resolution in accordance with any other rights and remedies afforded to them by law.

 

Remedies: In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this contract (including without limitation the failure to make monetary payment when due), the other party may terminate the contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have fourteen (14) days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this contract.

 

Severability: If any provision of this contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed and enforced as so limited.