TERMS AND CONDITIONS

These Terms & Conditions apply to any work performed and materials supplied by Burgeon Lawn Care, LLC (“Contractor”) and are incorporated into the estimate/invoice (“Invoice”) provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s signing of the Invoice, the Invoice, together with these Terms & Conditions, form a binding contract between the parties.

1. Scope of Work. The Contractor shall carry out and complete landscape/lawn maintenance works described in the service agreement in a workmanlike manner and shall have no obligation to execute any additional work unless otherwise agreed in writing between the parties. If there is any discrepancy between any specification and any drawing, the description contained in specifications shall prevail over the drawing.

2. Permits. The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by Contractor under the Service Agreement (both governmental and private). Customer represents and warrants to Contractor that all permits and consents have been obtained before the scheduled commencement of any work and that the work contained in the Invoice is permitted by all applicable laws.

3. Invoice. The Invoice provided for landscaping projects is valid for 30 days from the time made by Contractor. Acceptance of the Invoice expressly constitutes acceptance of these Terms & Conditions.

4. Payment. All lawn maintenance payments are due within 24 hours of maintenance completion. All lawn maintenance requires Customer to place a valid card on file before the start of maintenance. Customer shall pay the Contractor the full amount of the Invoice, including all taxes and fees. All landscape projects must be paid as follows: (1) 50% down upon signing of the Service Agreement by the Customer, with the balance due upon completion of the work described in the Invoice. (2) 50% deposit down upon signing of the Invoice by the Customer, 25% due after seven days after the project has started, and the remaining balance due upon completion of the work described in the Invoice. Payment terms shall be stated on the Invoice. If Customer fails to make payment within 7 days of the due date, the past due balance shall accrue interest at the rate of 18% or the highest rate permitted by, whichever is lower.

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy. For all subscriptions signed up after the start of the seasonal term, payments will be prorated according to days left for that seasonal term. 

AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, Burgeon Lawn Care LLC will automatically process your Monthly Subscription fee in the next billing cycle. Burgeon Lawn Care LLC will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

Seasonal term Subscription: By purchasing a seasonal Subscription, you agree to an initial pre-payment for one full seasonal term of service. After one seasonal term and annually thereafter, you will be billed a recurring seasonal term Subscription renewal fee at the then-current Seasonal term Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Seasonal term Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

Cancellation Policy. You may cancel your Monthly Subscription at any time by emailing us at contact@burgeonlawncare.com. If you cancel your Monthly Subscription, the cancellation will take effect for your next monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid before the month the cancellation takes effect.

Cancellation Policy for Seasonal term Subscription Renewals: Seasonal Term Subscription fees are non-refundable. You may cancel your Seasonal Term Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year by emailing us at contact@burgeonlawncare.com

5. Terms for Mowing. The Contractor shall provide the mowing terms of this Agreement in the Invoice and shall generally be for April thru November; services will be performed on a basis as needed. Upon termination, neither party shall have any further obligations to the other except for those obligations that shall survive termination of this Agreement, as set forth below.

6. Customer Representation and Obligations. The Customer warrants the site is free of underground conditions including, without limitation pipes, cables, stumps, sprinklers, invisible fence, sewage drains, and waste materials except as specifically disclosed to Contractor before the signing of the Estimate. Where latent/underground problems exist, the Contractor shall be entitled to charge for additional work/supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied. Customer shall provide Contractor with electricity and water.

7. Completion. The Contractor will use commercially reasonable efforts to complete a project in the time frame promised. However, Contractor shall not be liable for any delay in the completion of the work under the Invoice.

8. Materials On-Site. Materials delivered to the site become the responsibility of the Customer. The Contractor accepts no responsibility for loss damage or expense after delivery of materials to the site for any reason. Any material brought to or removed from the site, that is in excess of the Contractor’s requirements under the Invoice remain the property of and be removable by the Contractor who shall have the right to enter the site for that purpose.

9. Maintenance after Completion. The Contractor is only obligated to perform the work specified in the Invoice. The proper maintenance of the site shall be the obligation of the Customer following completion of the work by Contractor, unless otherwise agreed in writing by the parties.

10. Warranties and Exclusions. The Contractor warrants the shrubs and trees supplied by Contractor in connection with the Invoice for a period of one year from the date of planting, provided that such warranty shall be void if the Customer fails to take reasonable care of the plants (including, without limitation, watering, spraying, cultivating, and pruning). Annuals, perennials, and sod, as well as any transplanted materials will not be warranted and are sold AS-IS. Contractor shall not be liable for any damage caused by Acts of God (including, without limitation, extreme cold or draught, flooding, storms, rain, etc.) Contractor’s sole responsibility for any breach of these warranties shall be, at its discretion, to repair or replace it or to issue a refund for the plant or work affected. THE WARRANTY SET FORTH IN THIS SECTION 9 IS STRICTLY LIMITED TO ITS TERMS AND IS (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Damages. Under no circumstances shall Contractor be liable for any special, incidental, or consequential damages.

12. Fees. Customer is obligated to pay all fees included in invoice and will be charged on receipt. The term “excessive” is deemed at the discretion of the Contractor. Fees will be applied to the Customer invoice for events that causes delays to contractor as follows: Excessive object removal, Return Fee, Late Payment/Billing delay, excessive grass growth, pet waste, and any other delay to contractor caused by customer

 

 

SNOW REMOVAL TERMS & CONDITIONS

These Terms & Conditions apply to any work performed and materials supplied by BURGEON LAWN CARE, LLC (“Contractor”) and are incorporated into the estimate/invoice (“Invoice”) provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties. Upon Customer’s signing of the Invoice, the Invoice, together with these Terms & Conditions, forms a binding contract between the parties.

1. Scope of Work. The Contractor shall carry out and complete the snow removal /treatment works described in the Invoice (collectively, the “Services”) at the site described on the Invoice (the “Property”) and at the interval(s) and the times described in the Invoice. To the extent made part of the Invoice, Contractor may apply rock salt to road surfaces and driveways and calcium to sidewalks (the “Treatments”). The determination of snow accumulation under the Invoice shall be made by Contractor in its sole but reasonable discretion. Customer represents and warrants that the Treatments are appropriate for the respective surfaces and shall hold Contractor harmless from any damages caused by the application of the Treatment to the respective surfaces and surrounding areas (grass, plants, etc.). In the event that a measurable snowfall occurs, absent a prior prediction by local weather stations, Contractor will endeavor to perform the Services at the Property as soon as possible. Further, if the current conditions do not warrant the Services and Customer desires Contractor to perform the Services, Customer shall call Contractor at 888-400-4149 to notify Contractor that the Services are required. Any additional visits to the Property to perform the Services on the same day that the Services were first performed will be subject to an additional charge. If Contractor performs the Services, and additional snow accumulation warrants further Services, Contractor will use its best efforts to return to the Customer’s site and perform the Services. However, such additional Services will be performed at the discretion of Contractor, and Contractor shall not be responsible for monitoring the Property to ensure that the Property is maintained in the event that additional snow accumulates after the Services are first performed. Contractor will rely on notification from the Customer that additional services are necessary, and will return to the Property if the Customer so notifies Contractor

2. Invoice. Acceptance of the Invoice expressly constitutes acceptance of these Terms & Conditions and represents a binding contract between the parties.

3. Customers Waiver. Customer acknowledges that snow and ice are part of wintertime life in Michigan. Customer acknowledges that storms that bring snow, rain, sleet or ice, coupled with changing temperature conditions, can create dangerous and hazardous conditions which can occur suddenly, frequently and without warning, and that such conditions are difficult to prevent and/or correct. Customer is aware of the risks associated with traversing across driveways, walkways or parking lots affected by winter weather conditions. Customer acknowledges that Contractor shall not be responsible, and hereby waives any claims against Contractor, for personal injury of any kind resulting from natural accumulations or unnatural accumulations created by the actions of Customer or other third parties. Customer further acknowledges that Contractor is only required to use ordinary care in performing the Services.

4.Payment. Prices are quoted in U.S. dollars. You agree to pay in full the price for each Service by credit card or debit card. Services are charged three ways (1) on a per-visit basis (2) on a per month subscription basis (3) on a seasonal term pre-pay basis. All payment options include 1 daily visit, any addition visit within the same day will be charged separately. If customer wishes to be billed on a flat rate basis for the year and cancels services mid-season, then Contractor will have the right to bill the full amount over the winter season upon ending agreement. For per push services, Contractor will bill Customer at the end of each day that service is performed. Payment in full is due on each invoice within 24 hours of receipt. If Customer fails to make payment within 7 days of due date, the past due balance shall accrue interest at the rate of 18% or the highest rate permitted by, whichever is lower, and Contractor reserves the right to temporarily or permanently discontinue Services after notifying Customer.

5.Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy. For all subscriptions signed up after start of seasonal term, payments will be prorated according to days left for that seasonal term. 

AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, Burgeon Lawn Care LLC will automatically process your Monthly Subscription fee in the next billing cycle. Burgeon Lawn Care LLC will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

Seasonal term Subscription: By purchasing a seasonal Subscription, you agree to an initial pre-payment for one full seasonal term of service. After one seasonal term and annually thereafter, you will be billed a recurring seasonal term Subscription renewal fee at the then-current Seasonal term Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Seasonal term Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

Cancellation Policy. You may cancel your Monthly Subscription at any time by emailing us at contact@burgeonlawncare.com. If you cancel your Monthly Subscription, the cancellation will take effect for your next monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.

Cancellation Policy for Seasonal term Subscription Renewals: Seasonal Term Subscription fees are non-refundable. You may cancel your Seasonal Term Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year by emailing us at contact@burgeonlawncare.com

6.Term. The Contractor shall provide the term of this Agreement in the Invoice and shall be for November thru March; Prices quoted in the estimate are subject to change for subsequent winter seasons. Upon termination, neither party shall have any further obligations to the other except for those obligations that shall survive termination of this Agreement, as set forth below. Notwithstanding

7.Warranties and Exclusions. Contractor shall not be liable for any damage caused by Acts of God (including, without limitation, extreme cold or draught, flooding, storms, rain, etc.) Contractor’s sole responsibility for any breach of these warranties shall be, at its discretion, to repair or replace it or to issue a refund for the plant or work affected. THE WARRANTIES EXPRESSLY SET FORTH HEREIN ARE STRICTLY LIMITED TO THEIR TERMS AND ARE (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8.Exclusion of Damages. Under no circumstances shall Contractor be liable for any special, incidental, or consequential damages.

9.Miscellaneous. This contract shall be made in and governed by the laws of, the State of Michigan. Any dispute, claim or controversy concerning the parties’ duties under this Agreement which the parties cannot resolve within thirty (30) days shall be directed by a court official. This contract constitutes the entire agreement between Contractor and Customer with respect to the subject matter contained herein. This contract shall not be modified except in writing signed by both parties.

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