Native Fields Terms & Conditions
NJ Division of Consumer Affairs 1-800-242-5846
For questions/concerns pertaining to insurance coverage call Capacity Coverage Company 201-661-2000
• Native Fields Landscaping, LLC will perform all work and will only utilize subcontractors for those trades or services that are not provided in house. Native Fields Landscaping, LLC reserves the right to select and contract any sub-contractor to perform these services without any consent from the client. Native Fields Landscaping, LLC assumes all responsibilities for the performance and delivery of services provided by these subcontractors.
• Native Fields Landscaping, LLC will maintain the necessary insurance. A certificate of insurance can issued up with the client listed as additionally insured upon request.
• Native Fields Landscaping, LLC has a New Jersey Consumer Affairs License number of 13VH02375000 and a NJDEP License number of 98856A
• Native Fields Landscaping, LLC works with Sprinkler Surgeon LLC which has a State of New Jersey Department of Community Affairs license#651362.
• Native Fields Landscaping, LLC will apply for permits pertaining to the entire scope of work. The client will pay for all permit costs above and beyond the price within this contractual agreement.
• By signing this agreement you agree that Native Fields Landscaping, LLC may keep your credit card information on file, including the security code, if same is allowed to be kept on file by your credit card company.
All payments are to be made to Native Fields Landscaping, LLC. All Payments are to be in the form of hand written or electronic check or via accepted credit cards, where a 2% finance charge will be applied. A job deposit of 50 % of the total project amount is required before the start of any job and shall be paid at execution of contract. Balance shall be due upon completion of job and receipt of bill, which will be issued immediately upon completion of the job. If same is not paid within five (5) business days of billing you consent to Native Fields Landscaping, LLC charging your credit card for any amount outstanding. Interest to accrue at a rate of 1.5% per month on all unpaid past due invoices over 30 days.
• COLLECTION. If any invoice is not paid within 30 thirty days of presentment it shall be considered overdue. Interest will be added to and payable on all overdue amounts at 15 % per year, or the maximum percentage allowed under applicable New Jersey laws, whichever is less. The Client shall pay all costs of collection, including without limitation, reasonable attorney fees and court costs. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, Native Fields has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
• INDEMNIFICATION. The Client shall jointly and severally indemnify and hold harmless Native Fields for any and all claims, lawsuits, liabilities, losses, damages, and costs, foreseen and unforeseen (including, without limitation, attorney and other professional or expert fees) which arise or result, in whole or in part from any breach or misrepresentation or negligence by the Client under this Agreement. If a lawsuit is brought against Native Fields, The Client agrees to defend and indemnify Native Fields.
• CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
• Entire Agreement; Severability. This Agreement sets forth the entire agreement between the parties, and supersedes any and all prior agreements and understandings with respect to the subject matter hereof. This Agreement may not be modified except by a written instrument signed by both parties. If any term of this Agreement is rendered invalid or unenforceable by judicial, legislative or administrative action, it is the intention of the parties that the term be construed to be rewritten so as to make it valid and enforceable, and the remaining provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
• Native Fields Landscaping, LLC reserves the right to assess damages against the client that may be uncured as a result of lack of payment.
• All extra work contracted above and beyond specs on original contract will result in a signed change/work order before work begins. Extra work will be invoiced and bill in accordance with the terms and conditions identified in item# listed above.
• Work Week: a normal work week is considered to be Monday thru Friday 7:00 am – 5:00pm. A half hour lunch break is taken each work day. Saturdays can be used as a make up day for day(s) lost during the week due to inclement weather. Native Fields Landscaping, LLC reserves the right to determine the use of a crew for Saturdays.
• Estimated commencement of project: week of ____________________
• Estimated completion of project: week of ________________________ (inclement weather would result in a later completion time.)
• Any unforeseen sub surface materials found during any excavation process will require a change order and can result in a temporary cease of work. These materials can be but are not limited to buried building debris, buried concrete, underground water, contaminated soil or rock/ledge.
• Natural stone and clay, as products of nature are subject to variations in color, shade, texture, veining, and reactivity to weather conditions and surrounding materials. By approving use of such materials the owner agrees and accepts that variations of an unspecified range are inherent to these materials and are to be expected.
• Native Fields Landscaping, LLC will arrange for a utility mark-out and maintain such mark-outs throughout the length of the project.
• Native Fields Landscaping, LLC shall supervise and direct the work and will be solely responsible for the means, methods, techniques, sequences, and procedures as well as the coordination of equipment, labor, and materials necessary to complete the project.
• All construction work is guaranteed for 2 years from date of project completion. Planting material is guaranteed for 1 year excluding any/all transplanted material. Native Fields Landscaping, LLC will not and cannot be held responsible for acts of God (i.e storm damage or winter damage).
• Native Fields Landscaping, LLC has fully expressed to the client and the client has full understanding of the importance of watering lawn and plantings in a manner that does not over water or under water. Overwatering and under watering are common causes of plant/lawn disease, failure and death. Client assumes responsibility for damages resulting from such improper methods unless plantings and lawn are irrigated by an automatic sprinkler system installed and serviced by Sprinkler Surgeon LLC.
• Lawn stabilization and installation is to be considered complete upon installation of seed or sod, not upon germination of the seed or the rooting of the sod.
• Guarantee for the work completed is conditional. Unavoidable and uncontrollable Acts of God, such as heavy rains that damage work in progress or completed work within the guarantee period would void existing guarantee unless damage that occurs either during the construction process or the warranty period is due to faulty design or workmanship.
• Native Fields Landscaping, LLC shall be permitted to photograph the premises and use the photographs for any professional use that they choose.
• As mandated by the New Jersey Department of Consumer Affairs, THE EXPRESSED WARRANTIES CONTAINED HERIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITIED WARRANTY EXCLUDES CONSEQUENTIAL AND PURPOSE. THIS LIMITED WARRANTY EXCLUSDES CONSEQUENTIAL AND INCIDENTAL DAMAGES AND LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. THE CLIENT OR CONTRACTOR MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER: 1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECIEPT REQUESTED; OR 2. PERSOANLLY DELIVER A SIGNED AND DATED WRITEEN NOTICE OF CANCELLATION TO: NATIVE FIELDS LANDSCAPING, LLC 73 TAYLOR ROAD, WHARTON, NJ 07885 973-448-8780 IF YOU CANCEL THIS CONTRACT WITHIN THE THREE DAY PERIOD, YOU ARE ENTITIELD TO A FULL REFUND OF YOUR MONEY. REFUNDS MUST BE MADE WITHIN 30 DAYS OF THE CONTRACTOR’S RECIEPT OF CANCELLATION NOTICE.
Respectfully submitted for
Native Fields Landscaping, LLC By: _________________________
Accepted for the OWNER by: _________________________