TERMS & CONDITIONS
DEPOSIT REQUIRED TO SCHEDULE SERVICES: (First & Last Month's Installment)
THIS CONTRACT entered into by and between the CLIENT, and Thrive Lawn & Plant Healthcare a division of Pattie Group Management Inc. hereinafter sometimes referred to as "contractor".
CONTRACT DOCUMENTS: The Service Estimate, General Conditions of the Contract, the specifications, together with this Agreement, form the Contract and they are as fully a part of the Contract as if hereto attached or herein repeated. This contract carries the remittance address of 15533 Chillicothe Rd. Novelty, OH 44072.
WORK TO BE PERFORMED: The owners hereby contract to have the work performed by the Contractor as specified in the attached contract.
TIMING OF SERVICES: The client hereby agrees to allow THRIVE, to determine the proper timing of applications and services. Though the calendar is a loose gauge for approximate service timelines, weather and temperature play the greatest role in determining when is the horticulturally correct timing for varying applications and services.
TERMS OF PAYMENT: The terms of payment shall be as listed above. If payment has not been received within 30 days of invoice, services will be discontinued until full payment is rendered.
CREDIT CARDS: THRIVE & Pattie Group Management Inc. charges a 3% handling fee for all credit card payments and accepts Visa & MasterCard.
JOB DELAYS: If the Job is delayed due to unavailable product, weather, or other circumstances beyond the control of the Contractor, Owners will be billed based upon a percentage of completion, with 1-1/2% interest on amounts over 30 days.
EXPIRATION: This contract is valid for 30 days from date on contract. After 30 days THRIVE reserves the right to adjust pricing as may be necessary. This agreement is effective for the term of 1 year, commencing on 1/1/2020 through 12/31/2020.
AUTO RENEWAL: Following the expiration date set forth, this Agreement shall continue on a month-to-month basis with either party having the right to cancel or alter this Agreement by giving the other party thirty (30) days prior written notice. At termination, outstanding balances for all executed services will be due.
FUEL / PRODUCT SURCHARGE: THRIVE goes to great lengths to budget for fuel and materials cost in our yearly planning process. However, with the great and unpredictable cost fluctuations that can and occasionally occur, THRIVE reserves the right to add a surcharge to your monthly invoice as the need arises.
IN WITNESS WHEREOF, the parties hereto execute this agreement on the dates hereinafter set forth.
CONTRACT GUARANTEES & CONDITIONS
GUARANTEES ~ LAWN HEALTHCARE: When utilizing our complete lawn healthcare program in combination with proper watering and cutting/mowing procedures, THRIVE guarantees you a healthier, better looking lawn. If you are not satisfied with our service and promised results, we will visit your home within 48 hours of notification and work with you to resolve the situation. Though we execute many preventive measures against pest, disease and fungal outbreaks that are extremely successful, many factors can cause such outbreaks (weather, temperature, improper watering and mowing being the most common) and THRIVE cannot guarantee you will not have pest, disease or fungal issues at different times. Our job is to execute sound preventative measures and proper and timely solutions when such situations present; mitigating and reducing their impact as quickly as possible. Turfgrass that is being treated for diseases, fungal issues and pest outbreaks does not guarantee the complete restoration of the turfgrass to perfect health, nor do they assure the turfgrass will not perish in some areas.
GUARANTEES ~ PLANT HEALTHCARE: When utilizing our complete plant healthcare program in combination with proper watering and pruning procedures, THRIVE guarantees you healthier, more vibrant trees and shrubs. If you are not satisfied with our service and promised results, we will visit your home within 48 hours of notification and work with you to resolve the situation. Though we execute many preventive measures against pest, disease and fungal outbreaks that are extremely successful, many factors can cause such outbreaks (weather, temperature, improper watering & pruning being the most common) and THRIVE cannot guarantee you will not have pest, disease or fungal issues at different times. Our job is to execute sound preventative measures and proper and timely solutions when such situations present; mitigating and reducing their impact as quickly as possible. Trees and shrubs that are being treated for diseases, fungal issues and pest outbreaks does not guarantee the complete restoration of the tree or plant to perfect health, nor do they assure the tree or plant will not perish.
GUARANTEES ~ MANUFACTURED PRODUCTS & HARD GOODS: THRIVE guarantees all installed manufactured products based on the guarantee of the manufacturer and/or supplier. Workmanship/installation of such goods is guaranteed for 1 year. Normal maintenance and wear and tear on fixtures and products should be expected. Irrigation heads, controllers, backflow preventers, pumps that are broken/damaged due to improper winterization by others, snow plow damage, mower damage, lightening strikes, power surges, and other acts outside of our control, are not the responsibility of THRIVE.
CONDITIONS OF GUARANTEES: THRIVE will consider all guarantees null and void if payment terms as set forth in the contract are not followed. THRIVE is not responsible for death or damage to: any tree, shrub, turfgrass or plant, hard good, or manufactured product deemed a result of willful neglect or misconduct of the client (eg: not watering plantings or addressing pest outbreaks), or the result of an Act of God or Nature (eg: storm damage/deer damage).
ARBITRATION: Any dispute or claim arising out of this Agreement shall be submitted to arbitration by either party. Such arbitration shall be administered by the American Arbitration Association under the expedited procedures set forth in its “Construction and Industry Arbitration Rules” in Cleveland, Ohio. There shall be one arbitrator, and said arbitrator shall be selected in accordance with the usual practice under the Rules. The decision of the arbitrator shall be final and binding upon both parties and may be confirmed and filed with the Court of Common Pleas pursuant to Ohio Revised Code Section 2711.09 so that execution may issue. All fees associated with arbitration, excluding any parties' attorney fees, shall be paid equally by the parties. Each party shall be responsible for their own attorney fees. All contracts with THRIVE & Pattie Group Management Inc carry the remittance address of 15533 Chillicothe Rd. Novelty, OH 44072, and any litigating/arbitrating circumstances will and must be brought forth in Geauga County, Ohio.
CANCELLATIONS: You have the legal right under Federal Law to cancel this transaction without penalty or obligation within 5 (five) business days from the date of this agreement. If the Contract is canceled by the Client after this time or while work is in progress, the Client will be charged for the actual time spent and materials purchased for or used on the project up to the time of cancellation and any restocking fees as necessary.
PHOTOGRAPHS: THRIVE relies on photographs to properly communicate and execute our work among team members as well as clients and reserves the right to document and photograph their work before, during and after project completion and use at their discretion.
HIDDEN DEFECTS: Hidden defects or underground objects may exist on a site for reasons which may include but are not limited to natural conditions, prior remodeling and or rehabilitation of existing buildings or structures, or the addition of new buildings or structures. Such hidden defects or objects are not caused by and are beyond the control of THRIVE & Pattie Group Management Inc., and contractor has no obligation to seek out and uncover these potential hidden defects or objects. THRIVE & Pattie Group Management Inc will not be held responsible for accidentally hitting or cutting irrigation lines, cable lines, gas lines, electrical lines, invisible pet fence lines, or underground drainage or septic that are not marked properly and are not protected (where applicable) by proper conduit. Lines are naturally vulnerable while executing aeration, over-seeds, & general garden maintenance activities. THRIVE & Pattie Group Management Inc. though taking great care in our operation of equipment, cannot and will not be held responsible for damage to existing driveways, sidewalks and paved surfaces due to normal equipment operation nor can we be held responsible (despite often taking great measures) for the survival of existing large established trees when equipment must be moved underneath and within the root zone of said tree. The Client agrees in accepting this contract to indemnify, defend and hold harmless THRIVE & Pattie Group Management Inc. from and against all claims, losses, damages, liabilities and expenses resulting from and arising out of any hidden defect or object.