This agreement contains all terms and conditions and describes scope of work to be done. This agreement supersedes all previous agreements and any verbal commitments made before or after the date of this agreement.
Green Cut will exercise its best judgement based upon weather forecast and conditions at the time. Customer understands that weather conditions in the area may change rapidly and without notice. Changes in weather conditions are considered an "Act of God" and Green Cut assumes no liability for Acts of God.
Billing/Past Due Accounts/Collections Customer has 10 days after receipt of invoice to dispute any charges, after which it is assumed by both parties that the invoice is accurate and due. Payment is due per payment terms. Accounts over 14 days shall be charged a monthly finance charge of 1.5% (18% per year) and a $25 late fee shall be assessed monthly. If payment is going to be delayed please call the office and advise us of when payment can be expected. Returned checks for NSF are subject to a $35 returned check fee per occurrence. Green Cut reserves the right to suspend service if the account becomes more than 14 days past due. In the event the Green Cut decides it is in its own best interest to suspend service due to nonpayment, collection of the past due amount shall continue until account is paid in full. Green Cut reserves sole right to reinstate customer's service in the event customer has been suspended and then brings account to current payment status. Bringing account to current status does not guarantee a suspended account shall be re-activated under the original terms of agreement. Client understands and accepts that the delays in payments made to Green Cut may resulting appropriate action, including without limitation attorney fees, cost, and expenses of suit or bringing suit, may be passed on to the customer, and customer accepts this condition. Contract shall be binding inure to the benefit of the parties and their heirs, executors, administrators, and assign. Customer accepts complete financial responsibility for all charges, including all collections cost and specifically actual attorney fees needed to collection the account. Customer acknowledges that the service agreement's a legal binding contract and all reasonable and needed collection cost for unpaid accounts are customer's responsibility. In the unlikely event customer account becomes past due and unpaid, customer acknowledges venue for legal action or actions related to this agreement or monetary collection of the same is 48th District Court (Bloomfield Hills), 48th District Court (West Bloomfield) or 52-4 District Court (Troy) based on address where service was provided
Damage Report: Client must notify Green Cut within 24 hours of any damages caused by Green Cut employees while performing work (via phone call for minor problems and in writing for more serious issues). Green Cut has 48 hours to rectify the issue at no additional cost to the customer. In some cases it may take longer, depending on circumstances beyond Green Cut's control (such as, but not limited to Acts of God).
Liability, Insurance Green Cut is responsible for maintaining insurance for property damage, and workers compensation. Documentary proof of insurance is available upon customer request.
Service Cancellation Green Cut must be notified in writing of service cancellation. Either party may cancel service at any time with a (30)day written notice.
Satisfaction
Green Cut shall do everything necessary to ensure complete satisfaction for all services performed. The customer has 24 hours to inspect the property after services have been performed during which time Green Cut must be made aware of any and all dissatisfaction. Green Cut has 48 hours to rectify the issue at no additional cost to the customer. Failure to notify Green Cut with in 24 hours does not hold Green Cut responsible for any dissatisfaction.
Green Cut is an acceptance company. Services stated here-in on the invoice and the terms of service and contract on or website at www.GreenCutLawn.com is agreed to by both parties.
Governing Law
This Contract and Agreement shall be construed, interpreted and governed in accordance with the laws of the State of Michigan and should any provision of this Contract be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.
Scope of Work
1. Snow Management
Client understands that Green Cut does not and cannot guarantee the timing of the snow management services during or after the storm. While Green Cut will use our best efforts to keep the clients's property safe and passable we can make no warranty or guarantee expressed or implied as to the number of visits during a storm. Green Cut will ensure that snow management services are performed at the client's property after an event has subsided. Client agrees to allow Green Cut to decide if snowplowing is warranted based upon snow accumulations at the clients particular location. Client understands that snow accumulations may vary throughout the area, and that accumulations in one section of the area are not necessarily indicative of the accumulation at the client's particular location. Customer also understands that drifting snow may necessitate plowing of their location, regardless of the total snowfall at the location. If additional services/visit are required including request due to blowing/drifting snow, the client understands that they will be charged for the additional visit.
Client understands that plowing and/or salting of a particular location may not clear the area to "bare pavement" and that slippery conditions may continue to prevail even after plowing and salting. The client understands the Green Cut assumes no liability for this naturally occurring condition. The 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. The 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.
2. Ice Management
Rock salt will be applied to all paved parking surfaces and to all walkways and steps when icy conditions exist. Green Cut shall have control over the safety salting of the parking areas on as "as-needed" basis at the discretion of the contractor, after first making an inspection of the parking areas to assess the parking lot conditions.
3 Sprinkler Blowouts and Startup
Sprinkler Blowout – Sometimes referred to as Winterizing, is, the act of introducing compressed air into a sprinkler system, and providing compressed air to the system until air comes out of the heads, drip lines, and spigots, where water is typically emitted from. Winterization Service Includes the Following;Shut off Water Supply to Sprinklers . This valve must stay shut until you are ready to turn your water back on in the spring. If this valve is re-opened and Green Cut tag removed before spring (April 15th or later) your sprinkler blow out is no longer under warranty. Green Cut will do its best to determine that the shutoff valve is operating properly. Green Cut isn't responsible for inoperable shutoff valves or leak when turned to the off position. Open Drain Valve to Drain Backflow Preventer. Technician will manually open up your sprinkler valves at the valve boxes and then provide compressed air to blow out the water from your sprinkler pipes. The technician may need access to your sprinkler control box in your garage. We ask that you turn your sprinkler controller to "off" or the "rain" setting until spring. If there are any spigots connected to your sprinkler systems, we will open and ensure they are blown out also. Sprinkler system is now winterized and ready to be turned back on in the spring. In the case that the technician determines a valve or drain cap should remain open or removed to assist in evaporation, he will then leave it open or off. Be sure to check that the drain cap is on and that any open valves are closed before you turn your water back on in the spring.
Client acknowledges that it is their own personal responsibility to determine if the Blowout will happen prior to freezing temperatures causing damage to the system, and further agrees to hold Contractor harmless for any and all damage that happens prior to Contractor Blowing out system.In the event of any acts of god, nature, mechanical or equipment failure, which prevents contractor from being able to complete Sprinkler Blowout Service, Green Cut will attempt to contact Customer to advise them that service has not yet been completed. In no event shall Green Cut be held liable for damages, whether direct, collateral, or otherwise when prevented by said acts or failures from providing service(s)
If for any reason you need to cancel your appointment, all cancellations must be made, by email, no later than 24 hours prior to the appointment date. In the event customer fails to cancel as described in this paragraph, customer agrees to pay a Trip charge of $35 .
By requesting Sprinkler Blowout / Start-up or Repair service, you authorize Green Cut to access your property and perform the requested service. In the event that customer can not be home at the time service is performed, customer shall leave a gate unlocked and clear valve boxes of leaves, snow and other debris.
Warranty: Green Cut warranties the sprinkler system against “Freeze Damage”, from the back flow through the remainder of the Sprinkler System, provided that sprinkler system is winterized prior to temperatures dropping below freezing. And further provided that all Valves, Shut-off’s and Drains are Accessible to contractor. No additional warranties, expressed or implied, shall exist regarding from liability with regard to any damage that is discovered to be the result of improper or early startup, pre-existing damage, improper sprinkler installation or modification, malfunctioning Sprinkler Supply Valves. Green Cut must be on site when spring start up is performed and remove shutoff tag in the spring or warranty is voided.
Sprinkler startup-Green Cut will startup sprinkler system once weather permits. Water will be turned on inspected for leaks. The controller will be setup with correct date and time and recommended watering dates and times programmed. Client will be provided with a quote for any repairs needed
Client is responsible to monitor sprinkler system and adjust water dates and times based on weather conditions to prevent over or under watering the lawn and plants. Green Cut is not responsible for plant material that dies due to lack of client monitoring controller, sprinkler system not operable due to electrical surge or shutoff, controller stops functioning, sprinkler head stops working, broken line floods plants, or other system failures beyond our control.
4. Weekly Lawn Mowing
We will be there to mow your lawn on the arranged day each week. We know you’ll understand if bad weather prevents us from being there on the regular day and we will always complete the service as soon as possible after bad weather. If areas of the lawn are too wet, we will skip those areas.
String trimming will be performed in areas that the mower can't cover. Edging will be performed bi-weekly along concrete driveways, front sidewalks, and curbs. Blowing any remaining grass clippings and leaf debris off driveways, walkways, and patios.
4.1 Client is responsible for picking up toys, dog leashes, sticks , dog waste, and rubbish prior to our visit.
4.2 Clothes Lines – When we encounter clothes hanging on a line over the lawn we are extra careful to avoid soiling your clothes. However, you may find a few dried grass clippings clinging to the fabric – these are easily removed with a good shake. You can minimize the problem by not hanging laundry out on regular lawn days.
4.3 Small Trees in the Lawn – Small landscape trees are often planted in the lawn and make an attractive addition to your yard. However, we are usually unable to properly trim or mow the lawn under such trees unless there is a minimum of 1.5 m vertical clearance all around under the tree. We will do our best to control grass growing under these trees but cannot accept responsibility for damage to low hanging foliage or branches. Neither can we accept responsibility for damage to the trunk or bark, as we may be unable to see exactly what our equipment is trimming. The best thing you can do to protect your tree is to keep the entire area under the tree, out to the drip-line, nicely cultivated and weeded.
5. Fall Cleanup
Weather permitting fall cleanup will be completed during the month of November. We cannot complete fall cleanup if there is snow covering the leaves. As for timing the major "leaf rush" will depend on temperatures and when the first frost occurs. Some trees like Oaks will hold leaves all winter and drop the remainder over winter and spring. You can count on Oaks shedding about 70 percent of leaves in November. Pear and beech trees also hold onto leaves. After the fall cleanup is completed, Green Cut isn't responsible for leaves that continue to fall or blow into your yard from the neighboring areas. Fall cleanup includes picking up leaves covering the lawn, cut back perennials, and blowing out flower beds. The client understands that in the process of blowing leaves out of flower bed some mulch maybe also blown out. The client also understands that leaves that are frozen to the ground or pavement Green Cut will not be able to pick them up. Any leaves that are frozen to the ground, fall or blow in after the fall cleanup is completed will be picked up during the spring cleanup.
Fall cleanup includes deciduous trees and not evergreens.
Client is responsible for removing or flagging any valuable landscape ornaments, landscape lights, ... before the fall cleanup and they are covered in leaves and not visible.
There will be an extra charge if client request removal of branches and sticks.
6. Spring Cleanup
Weather permitting spring cleanup will be completed during the month of April. The purpose of the spring cleanup is to pickup any leaves that were missed during the fall cleanup, and leaves that fell or blew into the yard from the neighboring yards. We will also cut back any perennials that were missed.
7. Ground Maintenance
7.1 New plantings (sod, trees, bushes, flowers...) - Green Cut doesn't provide warranty for new plant materiel supplied by Green Cut. Green Cut will provide customer with care instructions. It is the customers responsibility to ensure the new plantings are cared for and watered properly.
7.2 Transplanting - Green Cut doesn't provide any warrant for transplanted material.
7.3 Burlap/Winterizing - Green Cut doesn't provide any warrant for bur lapping/Winterizing plants
8.Weekly Mowing, Ground Maintenance, Spring Cleanup and Fall Cleanup
8.1. The Client need not be present during service calls and hereby grants permission to the Contractor and shall facilitate entry to access the property on scheduled or otherwise agreed service days during the local hours of 8am to 6pm EST.
8.2 Green Cut will not be responsible for damaging any unsecured cables, and wires .
8.3 Green Cut will not be be responsible for damage for any objects e.g. toys, furniture, pet waste, rubbish etc. that will hinder Green Cut in performing under this agreement.
8.4 Broken windows/glass – We always take care to not flick stones against windows or glass. However, you can minimize the possibility and hassle of a breakage by keeping stones, pebbles and other “missiles” away from the lawn area. Pebbled gardens & driveways are a particular hazard to nearby people, windows and our equipment and, while Green Cut will do their best to maintain such areas, additional charges may apply to remove pebbles prior to mowing, or the grass may be left uncut. Broken windows caused by objects left in yard will not be Green Cuts responsibility.
8.5 Green Cut shall not be liable for the poor health or lack of performance of turf or plants beyond the scope of the service(s) contracted for, or in any event where the Client does not provide appropriate or proper care for turf or plants.
8.6 Landscape Lights – Landscape lights installed in your garden should present no problems. However our line trimmers may damage them if installed on the lawn. We accept no responsibility for damage to landscape lights if they’re installed in or near the lawn or driveway edge and lighting wiring that is damaged by squirrels, rabbits.
8.7 Garden Hoses - Please ensure hoses are properly stored, off the lawn, prior to our arrival. We accept no responsibility for damage to hoses left lying on the lawn or adjacent paved areas
8.8. The Client shall be responsible for the day-to-day care of the lawn as recommended by the Contractor and which are not part of the services outlined on the Lawn Care Schedule.
8.9 Green Cut shall not be held liable for damage to items on or below the lawn surface which are not clearly visible or marked such as cables, wires, pipes or sprinkler components.
8.10 Sprinkler Heads – In the event that we accidentally damage a lawn sprinkler head, call us within 48 hours and we will repair it. Green Cut will not be responsible for irrigation pipes or heads, lines etc., which are not installed deeper than 3" below ground level or sprinkler heads that didn't function properly.
8.11. The Client shall keep all pets secured inside a building or fenced area and shall keep people away from the Contractor's area of work for the safety of all parties concerned while the Contractor is performing services.
8.12. The Client shall notify the Contractor in writing of any plants that are particularly rare or are a collector's item and their approximate replacement costs. The Contractor reserves the right not to perform any services in close proximity to such plants.
8.13 Green Cut shall make every attempt to close/re-latch any gates opened for service; however, Green Cut does not assume any responsibility or liability if a gate is left open, assumed left open, or left open due to mechanical failure. Customer holds contractor harmless in relation to any claim made against broken hinges, locks, latches or any other mechanical apparatus related to locking, latching or otherwise closing gates or entryways that allows service to customers property.
9. Weed Management and Fertilizer Program
At each application, Green Cut must provide the following information to our customer:
Before or at the time of the first application, the Green Cut must provide our customer with the following risk and benefit information in writing:
Green Cut's healthy lawn guarantee is designed to give you confidence that when you purchase one of our lawn care plans, you'll be satisfied with the results. As long as you have a plan in place , Green Cut will return as often as needed to make any necessary adjustments to ensure your satisfaction.
Green Cut's Green Cut Plus program provides management against grubs, chinch bugs and other pesticides that can damage your lawn. In the event that the lawn damage has been identified to be caused by pesticide damage Green Cut will reseed the lawn at no extra cost to the customer.
Customer understands that Green Cut isn't responsible for drought damage.
Last updated 1/12/2019