Terms & Conditions

Owner and Premier Oaks Landscape Management (“POLM”) enter this agreement (“Agreement”) for the completion of the work (“Project”) reflected on the reverse, as follows:

1. PROJECT COST AND DEPOSIT: The Owner hereby agrees to promptly remit the full outlined amount within 30 days of the completion of any service provided by POLM. It is acknowledged that Landscape and Lighting services necessitate a deposit of 50%, which must be submitted by the Owner upon acceptance of the estimate and signing of this contract. This deposit shall be allocated towards the total cost of the Project. For services beyond Landscape and Lighting, POLM reserves the discretion to request a deposit if deemed necessary, although such a request may not invariably apply.

2. INCLUSIVE OF MATERIALS AND LABOR: POLM agrees to provide both materials and labor for the Project and shall undertake completion to POLM's professional standards. POLM retains the right to make substitutions of equal or superior quality to those specified in the Project, as necessitated by circumstances beyond POLM's reasonable control, such as availability.

3. TIMING AND TERMS OF PAYMENT: Upon completion of the project, the Owner agrees to pay the full outlined amount within 30 days. For Lawn Maintenance services, the Owner must provide a card on file for automatic monthly installment payments. Deposits, if required, are due upon acceptance of the quote. Payment by card is preferred; however, for commercial properties, check payments are accepted. ACH, credit, or debit card payments are permitted, provided that POLM covers all processing fees. Cash payments are not accepted. Payment received after the 30-day period will be considered late and will incur a 1.7% charge every 30 days overdue. Post-Completion Date corrective or repair work does not warrant delaying payment, and the Owner has no right of offset.

4. ARBITRATION OF DISPUTES: In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, or the breach thereof, the Owner and POLM shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to all parties. If such a resolution cannot be reached within a period of 30 days, then AT THE OPTION OF EITHER OWNER OR POLM EXERCISED THEREAFTER, ALL DISPUTES, CLAIMS, QUESTIONS, OR DISAGREEMENTS ARISING FROM OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE PROVISIONS OF ITS COMMERCIAL ARBITRATION RULES.

5. EXCLUSIVE VENUE AND SELECTION OF FORUM: The exclusive venue for all disputes arising out of or related to this Agreement shall be conducted within the Dallas/Fort Worth Metroplex Area. Owner and POLM expressly consent to personal jurisdiction and venue in that forum and hereby irrevocably waive all procedural defenses, other than service and process, to any action initiated in that forum.

6. LIMITED WARRANTY: POLM (Premier Oaks Landscape Management/Provider) offers the Owner a non-transferrable limited warranty on all materials and workmanship for various periods from the Completion Date ("Limited Warranty") as outlined below. POLM will furnish watering instructions upon Owner request, available on the POLM website www.PremierOaksLandscape.com.

● 1 Year Plant Warranty: Provides for 1 replacement per plant, excluding annual color, with adherence to watering instructions.

● No Warranty on Sod and Seeding: No warranty is provided for sod or seed germination, and Owners are responsible for reporting any issues with sod immediately for proposed property treatment solutions at additional cost. Owners must comply with watering instructions. For properties without professional irrigation systems, rigorous hose watering systems must be followed.

● Hardscapes 90-Day Warranty: Covers settling of pavers, excluding cracking from freezing weather or abuse. This warranty does not cover damage from pressure washing or polymeric sand.

● Irrigation 90-Day Warranty: Covers proper functionality of equipment (valves, rotors, controller), excluding lightning strikes. It does not cover start-up and shut down or timer changes beyond initial setup. Repairs due to freezing weather or abuse are not covered. Owners are responsible for understanding controller and irrigation operation at the time of completion payment. POLM is not responsible for water usage due to malfunctions, incorrect programming, or leaks. The warranty does not cover cracked pipes due to freezing weather. Addressing items such as start-up and shut down, clock timing and functions, and irrigation head repair not covered by warranty will be billed at $165 per hour; minimum $165. Owners acknowledge that running an irrigation system will substantially increase the property water bill.

As a condition of coverage under the Limited Warranty, the Owner must adhere to general care, operating instructions, and watering schedules furnished or established by POLM. The Limited Warranty shall be void in the event of physical abuse or neglect, including failure to properly water as directed by POLM. The sole and exclusive remedy under this Limited Warranty is repair or replacement, as determined by POLM in its sole discretion, of defective materials or workmanship. All other damages, including incidental, consequential, special, or any other form of loss or harm, are excluded from this Limited Warranty. POLM expressly disclaims any and all other warranties other than the Limited Warranty, including the warranties of merchantability and fitness for a particular purpose. Original plants being transplanted, relocated (whether permanent or temporary), grass work by seeding or sod, annual flower installations, and/or flowering bulbs are excluded under this Limited Warranty and are provided "AS IS" with no warranty whatsoever. Certain equipment, assemblies, or units purchased by POLM included in this contract are sold or installed subject to the respective manufacturer’s or processor’s guarantee or warranties (“Third-Party Warranty”), not those of POLM. The remedy provided by a Third-Party Warranty shall be exclusive, and not cumulative, to that provided by POLM. Products or materials provided by the Owner are not covered by warranties or guarantees of POLM. POLM will not warranty for damage or issues arising from:

● Failure to obtain all necessary building permits

● Inspections or changes ordered by inspectors or governmental entities

● Negligence or omission by the Owner or Owner’s agents, contractors, or employees

● Acts of God or nature, including weather events

● Unavailability of materials through POLM’s customary channels and rates

● Other factors beyond POLM’s reasonable control The availability of the Limited Warranty provided by this section is expressly conditioned on, and becomes available only after, the Owner’s full payment as provided by Sections 1 and 3. If all monies due and owing to POLM are not paid within fourteen (14) days of the Completion Date, no Limited Warranty shall arise under this Agreement, regardless of the time of payment, and any other warranties available by law shall be null and void, being expressly disclaimed by POLM. The warranties of merchantability and fitness for a particular purpose are also expressly disclaimed.

7. PROPERTY BOUNDARIES AND EASEMENTS: Owner represents and warrants that the site for the Project is under Owner’s ownership and control, and that no easement, right-of-way, or other property rights or restrictions conflict with the Project. Owner must conspicuously mark, or contract at Owner’s expense for a surveyor to mark all property boundary lines, and Owner is solely responsible for the accuracy of such markings and drawings. POLM (Premier Oaks Landscape Management/Provider) reserves the right to require the Owner to have the Project site professionally surveyed and marked at Owner’s expense.

8. DRIVEWAY OR PAVED SURFACES: Owner grants POLM (Premier Oaks Landscape Management/Provider) permission to operate trucks and equipment on driveways and all other paved surfaces owned by Owner, which may result in cracks, soiling, discoloration, or other permanent damage. Owner assumes all risk of damage to driveways and all other paved surfaces, and agrees to release, waive, and not hold POLM responsible for any damage, harm, or losses to driveways, paved surfaces, or other locations POLM deems it reasonably necessary to utilize trucks and equipment to complete the Project. Owner’s desire to restrict the operational area of POLM's trucks and equipment must be designated in reverse and involve payment of an additional fee as agreed in writing.

9. UTILITIES: Owner shall furnish, at Owner’s expense, potable water and standard electrical supply to POLM at the Project site. Once utilities have been marked by any provider, Owner agrees not to disturb lines, markings, flags, stakes, or other means used for delineating public utilities. Owner acknowledges sole responsibility for informing POLM of any private or other utility line, pipes, other underground or buried objects (e.g., as lighting, invisible fences, and irrigation), or items not marked by private lines connecting to public utility systems. POLM will not be responsible for damage to any unmarked item (whether the failure to mark was caused by privacy lines, utility provider, or Owner), and Owner agrees to indemnify and hold POLM harmless from the same. All due care will be taken to avoid disruption of utilities, telephone, cables, and natural gas lines. Due to the nature of phones, light fiber optic cables, and coaxial cables and dog fences being buried close to the surface, POLM will not be responsible for incidental line breaks during the installation or maintenance processes.

10. CANCELLATION, LIQUIDATED DAMAGES, AND DELAYS: Owner may cancel the Project without penalty until POLM notifies the Owner that the Project start date has been scheduled ("Scheduling"), which may occur without further notice to the Owner. After Scheduling, Owner may cancel the Project but becomes liable for or authorizes POLM to deduct from any deposit an amount calculated as follows:

● 10% of the total price of the Project, plus

● POLM’s cost of all materials specifically ordered by POLM in contemplation of the Project, regardless of whether placed prior to or after Scheduling (collectively, the “Cancellation Fee”) Owner and POLM understand and agree that the amount provided for in this Paragraph provides for liquidated damages, without which the loss to POLM would be difficult or impossible to estimate accurately in advance. These damages are intended to compensate POLM for the extent of its losses and are not imposed as a penalty. They constitute a reasonable pre-Agreement estimate of the amount of damages or loss that would be sustained by POLM in the event of Owner’s post-Scheduling cancellation of the Project. POLM agrees to start and diligently pursue Project work to completion starting on the date specified during Scheduling but shall not be responsible for delays or rescheduling. Due to the nature of working outdoors, delays may occur for any number of reasons which include but aren't limited to: WEATHER, unavailability of materials through POLM’s customary channels and rates, independent contractors, holidays, or other factors beyond POLM’s reasonable control, acts of God, including storms, inclement weather, or saturating rain, Extra Work (as defined below), or any other contingencies unforeseen by POLM or beyond POLM’s reasonable control.

11. PERMITTING AND GOVERNMENTAL FEES AND ASSESSMENTS: POLM will obtain all required building permits, but the costs of such permits will be invoiced to Owner as an additional expense not included in this Agreement. Owner further agrees to pay any assessments or charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drains, water service, or other utilities including sewer and storm drain reimbursement charges, use fees, revolving fund charges, hookup charges and the like, which shall not first be paid by POLM for subsequent reimbursement by Owner.

12. DELIVERY OF MATERIALS AND POLM-OWNED EQUIPMENT: POLM may deliver equipment and materials to the Project site in advance of the date such items will be installed or utilized by POLM. Owner will not disturb or relocate such materials without the express direction of POLM. After delivery of such materials, Owner must provide for the protection of such materials and is solely responsible for the cost of replacing materials vandalized, stolen, or otherwise rendered unusable or unavailable to POLM. Neither Owner, nor anyone acting at the direction of or with consent of Owner, may enter, use, drive, or operate any equipment on the Project site without POLM’s advance, written consent.

13. PROJECT SITE ACCESS: Owner agrees to keep means of access to the Project site, e.g., driveway and sidewalk, clear and available for movement and parking of trucks and other equipment during normal working hours. Owner’s denial or refusal of access to any worker or material supplier during the working hours constitutes a material breach of this Agreement. Owner is solely responsible for obtaining access rights through neighboring or adjoining landowners, if deemed necessary in POLM’s sole discretion. Owner permits POLM to photograph the project and use photography for advertising purposes before, during, and after the project is completed.

14. MATERIAL REMOVED AND DEBRIS: All materials and debris removed from structures or the Project site become the sole and exclusive property of POLM.

15. DAMAGE OR DESTRUCTION: If the Project or any portion of the Project is destroyed or damaged prior to the Completion Date, including by fire, storm, flood, other contractor, theft, or other disaster or accidents, all corrective work by POLM shall be treated as Extra Work (as defined below). Owner’s abandonment of the Project shall constitute a post-Scheduling cancellation of the Project, and in addition to other remedies provided by the Agreement, shall entitle POLM to full compensation for its costs expended through the date of Owner’s abandonment. Owner hereby assigns all insurance proceeds and rights under applicable insurance policies, to the extent of the damage or destruction, to POLM.

16. EXISTING VIOLATIONS AND CONDITIONS: POLM shall not be held responsible for any existing illegal conditions or violations of applicable building regulations or ordinances, whether or not previously cited by the appropriate authority. POLM is not responsible for any abnormal or unusual preexisting conditions or any unusual or abnormal concrete footings, foundations, retaining walls, or piers required, or any unusual depth required for same, such as, but not limited to that condition caused by poor soil, lack of compaction, hillside, or other slope conditions. Correction of such violations or abnormal conditions by POLM shall be considered and treated as Extra Work (as defined below).

17. EXTRA WORK AND MODIFICATION OF THIS AGREEMENT: Owner agrees to pay POLM an additional sum for any work performed beyond the scope of the Project or at Owner’s request following execution of this Agreement (“Extra Work”). Due to the nature of the Project, the Owner understands and agrees that Extra Work may become necessary to complete the Project as initially agreed due to unforeseen circumstances, the risk of which is borne solely by the Owner. Owner acknowledges the Work performed by owner or contractor other than POLM prior to or during construction may result in "Extra Work" and may not result in a credit towards the contract. Contract credit requests must be submitted in writing within 1 business day of the last full day of work on site. Contract credits are given at the sole discretion of POLM. Upon discovery of such unforeseen circumstances, POLM will notify the owner of the extent and cost of Extra Work required to facilitate completion of the Project. Owner’s refusal to authorize Extra Work deemed required by POLM, in its sole discretion, may at POLM’s option constitute a post-Scheduling cancellation of the Project, and in addition to other remedies provided by the Agreement, shall entitle POLM to full compensation for its costs expended through the date of Owner’s refusal to authorize said required Extra Work. As the exclusive means of modifying this Agreement, including the specification of the scope and cost of Extra Work, Owner and POLM must execute or ratify a written change order or otherwise express acceptance of the modification of this Agreement in writing, including communication by email. No portion of this Section may be modified by any oral communication, representation, or waiver by either Owner or POLM.

18. APPROXIMATION OF PLANS: Measurements, sizes and shapes in plans and specifications are approximate and subject to field verification. Unless otherwise specified, all dimensions are exterior dimensions. In the event of a conflict between i) the plans, specifications, or elsewhere and ii) this Agreement, this Agreement is controlling. Designs and concepts are sales tools designed to show the overall concept. Results will vary with maintenance, soil quality and overall plant health which will vary based on site conditions, insects and diseases, and client care. Changes to "concepts" and plant materials may be made by designer and crew due to availability and site conditions. Plant selection may vary based on conditions and availability of plant materials. Actual plant selection and layout are accepted by the client upon completion payment.

19. COLLECTION & LEGAL REMEDIES: If any payment from the Owner remains outstanding thirty (30) days after the Completion Date, interest shall accrue at a rate of 1.7% per month, not exceeding the maximum allowable rate or amount under Texas law. In the event of a returned payment due to non-sufficient funds or dishonor by the financial institution, the Owner will incur a service fee of $100.00, plus any additional fees charged to POLM by its financial institution. The Owner is responsible for covering all reasonable collection costs, attorneys’ fees, arbitration or court costs, or other expenses incurred by POLM in the pursuit of owed monies. The Owner expressly consents to POLM's right to file a lien to secure all amounts owed and grants POLM a security interest in all goods provided under this Agreement, to the extent not otherwise secured by real property lien rights.

20. SUBCONTRACTORS & ASSIGNMENT: POLM, without further consent of Owner, may subcontract all or any portion of the Project. Owner may not assign or delegate any portion of this Agreement with the advance, written consent of POLM.

21. DISCRETION FOR GOVERNMENTAL REQUIREMENTS: POLM may modify the Project to the extent required to comply with governmental requirements, including building, zoning, and other codes and regulations. POLM, in its discretion, may alter the Project to comply with such requirements, with any alterations being considered Extra Work under this Agreement, for which the Owner is additionally liable. 22. ENTIRE AGREEMENT: This Agreement contains and represents the entire agreement between and among the Owner and POLM, and supersedes all previous understandings and agreements between the parties, whether oral or written. Owner and POLM hereby acknowledge and represent that neither has relied on any representation, assertion, guarantee, warranty, or assurance except for those expressly set forth in this Agreement.

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