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6. Additional Client Responsibilities: Client is responsible for complying with and notifying Pioneer Landscaping of all covenants and/or restrictions applicable to the property along with obtaining any necessary prior approval from private entities including but not limited to: homeowner’s associations, management companies, cities, etc. If any permits are required these will be obtained by Pioneer Landscaping. Any costs associated with these required permits will be billed to the Client. Pioneer Landscaping is not responsible for surveying the property or determining boundary lines, easements, or encroachments located on the property. 7. Unforeseen Conditions: Unforeseen soil(s), underground conditions, and unmarked public or private utilities may cause additional work which may result in additional costs and charges in order to complete the project. Client is responsible for these additional costs and charges. These conditions include, but are not limited to, buried stumps, foundations, concrete footings, waste, debris, trash or rubbish. If such conditions are discovered, Pioneer Landscaping will discuss these conditions with the Client. Delays due to inclement weather or Acts of God, shall not be a basis for termination of this Agreement or a reduction in the amount owed by the Client. 8. Settling: Pioneer Landscaping is not responsible for ground settling when working in areas excavated and/or filled by others within the last 48 months. 9. Terms of Payments: 50% Down payment; 50% upon competition; Payment can be made in the form of check or credit card via Jobber Payments. Paying with a Credit Card will impose a 3.5% transaction fee. Client may terminate the quote within 14 day in writing via email. Terminating the quote over the 14 days or if work has already commenced will make the 50% down payment non-refundable. Final payment as indicated in the Contract is due upon substantial completion of the project. Invoices provided to the Client are due upon receipt. Late payments will result in interest being charged to the account at a rate of 10% per month, or the maximum allowable by law, whichever is greater. Pioneer Landscaping reserves the right to stop work if payments are not made according to any applicable payment schedule and will assess the client remobilization costs due to any stoppage of work. Client agrees to pay any collections costs incurred by Pioneer Landscaping in pursuing any outstanding balance, including but not limited to reasonable attorney’s fees, costs and court costs. 10. Subcontractors: Client grants Pioneer Landscaping the right to subcontract portions of the work according to their needs. Subcontractors will carry commercial general liability insurance and workers compensation coverage as required by state law. Pioneer Landscaping is not responsible for any price increases that these subcontractors may impose throughout the duration of the project. 11. Site Conditions: In cases where adverse site conditions might compromise safety, quality workmanship, or efficiency, Pioneer Landscaping reserves the right to delay or suspend work. Examples include inclement weather, muddy conditions, or the presence of other contractors. Pioneer Landscaping will be the sole judge as to whether or not adverse site conditions are present. 12. Animals: All animals owned by the Client must be restrained and should not come in contact with any member of Pioneer Landscaping or their subcontractors during site visits. 13. Promotional Use: Client grants Pioneer Landscaping the right to take pictures, video and make written accounts of this project for promotional and award submission purposes.· 14. Insurance: Pioneer Landscaping will carry commercial general liability, auto, and workers’ compensation insurance, as applicable for all periods when work is performed on this project.· 15. Warranties: Materials and workmanship warranties are as follows:-Sod/Seeding - are excluded from Pioneer Landscaping ‘s warranty.-Brick Paving/Hardscape - All materials are guaranteed under the manufacturer’s warranty, and workmanship is guaranteed 3 years from installation. Pioneer Landscaping warranty does not include discoloration of concrete based materials. Please refer to the Landscape / Limited Warranty. -Plant Material- Plant material is guaranteed a one time replacement until Oct 31st of year installed. Plant warranty does not apply under the following conditions or plants: page 3 of 455115 Saint Paul, Minnesota 516 Salem Ct jp@pioneerlandscapingmn.com Pioneer Landscaping P.(651) 295-4244 https://pioneerlandscapingmn.com/ |I|