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CASTLE  LANDSCAPING INC.

TERMS AND CONDITIONS

The following terms and conditions apply to and are incorporated into the estimates unless expressly modified or excluding in writing by the contractor (Castle Landscaping Inc).  以下条款和条件适合用于估价/合同中所有内容。 如有变动本公司以书面形式来修改。

SCOPE OF WORK 工作范围

The contractor shall carry out and complete landscape works described in the estimate document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing.  本公司以施工图纸为准。The contract documents shall contain, the estimate, the specification plans and any other document referred to in the estimate. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by the contractor.本合同上资料为准,除非客户跟本公司另外有立其他合同。Only the items on the estimate specification are included, but all works are due for payment. All other requested works are excluded.本公司应按照合同上所有报价的项目施工,如有客户提出格外项目需另行收费。The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.如有需要客户有责任提供工程规划许可证。The client is liable for any in inaccurate survey, any dispute with neighbor/city/township. The contractor is not responsible for any misconduct work based on client’s preference/like, in the even suggestions was made by the contractor.承包商不负责因客户与其邻居/政府因土地/绿化纠纷,施工后所产生的影响。 如有需要在施工完后,移除以安装好的工程要另行收费客户自负。

ESTIMATE估价

The contractor also reserves the right to increase the value of the contract due to changes in design or materials by the client after execution of the contract and may result in change order fees. 合同执行后,承包商应保留因客户更改施工内容或材料而增加估价。Acceptance of the estimate involves acceptance of these terms in conditions of the contract documents. This represents a binding contract between the parties. It should be noted by client that any attempt to cancel by the client will involve the client being liable to cancellation fee and any loss of expenses incurred as a result at the discretion of contractor. (Up to a maximum of 50% of the total of estimate.)接受估价,包括在合同文件中接受这些条款。这合同表示双方之间具有约束力的合同。客户应注意,客户尝试取消的任何行为都将导致客户承担取消费用和承包商酌情决定是否因此而造成的任何费用损失。(最多为估计总数的50%。)

PAYMENT 付款

The client accepts that he/she will pay the contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract. 客户同意并接受将向承包商支付合同全部金额加(税项)。All accounts are net and do not provide for any discounts or retentions and payment by credit card is not accepted.客户施工后附上全款,本公司不接受收信用卡支付。Larger contracts may be broken into payments by draw. Frequency and amount will be agreed upon by client and contractor. 较大的合同可以通过分期付款。频率和金额将由客户和承包商协定。Payments are immediately due on receipt of invoice. 收到发票后应立即付款。The contractor will only ask for the estimate price, unless there are any unforeseeable difficulties, or the work has been increased. In either case all work will be paid for.通常承包商只收取合同上的报价。除非有任何无法预料的困难或工作量增加,双方协商应另行收费。在任何一种情况下,所有工作都将支付。

SITE 工地

The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work.客户应保证施工地点没有藏在地下的问题, 包括管道,电缆,树桩,污水渠,废料。 如果本公司发现问题应有权收取必要的额外 工作费去排除这些妨碍正常施工的障碍。 而已方可妥善执行完成工作。The contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use. 承包商在使用施工机械时, 不承担任何责任(包括结构性或意外性)但因使用不当引起事故除外。Any material, refuse or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping. 如有非施工中所产生的垃圾,杂物,废料,客户自费处理将不包括在报价单内。

 

DELAY/DISRUPTION 关于延误

The contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the contractor incur any liability to the client for any untimely performance.承包商承诺尽一切努力在合理的时间内或约定的时间内完成工作。客户不需要承担任何责任,如因承包商在特殊条件下造成的施工延误。The contractor shall not be held responsible for any delays caused by weather, which make contract execution impossible.对于因天气原因导致无法施工,供应商缺材料,无法执行合同或延误的情况下,以双方协商决定为准。

MATERIALS ON-SITE材料在施工地

Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason.当物料运送到工地时,如有丢失客户需要负责。承包商不承担任何损失或费用。Any material brought to, or removed from the site, excess to the contractor’s requirements remains the possession of and removable by the contractor who shall have the right to enter the site for that purpose. Any materials delivered to site; there are no return or exchange allowed. 建筑材料当送抵客户家将不允许退货和换货。Materials color or texture may appear different from picture or sample provided because of the nature of the stone/wood/products. Clients are held responsibility to their choice, subject to verify the product at supplier’s yard as required with arrange appointment with the sales person and such.  由于石头木才为天然产物颜色,手感,质地可能有偏差,客人应下单前应预先约好或自行到供货商确认。

MAINTENANCE AFTER COMPLETION往后护理

The contractor undertakes to execute the scope of this contract. The proper maintenance of the site however passes to the client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the contractor. 当承包商履行合同上所有条文,正确护理的责任将交给客户。After completion of the project, the contractor might take photographs/videos for quality assurance purpose as well as it might use for promoting, advertising, sample purpose, the owner has as the right to decline, and however by default you accept and give consent to Castle Landscaping to release such photographs/videos. Your privacy will be put in consideration.本公司所完成的工程将会拍照留底方便维修和会作为打广告展示版样之用,默认同意如有不同意请告知本公司。

WARRANTIES 保修

The contractor accepts no liability for any negligent act, omission, natural disaster example earthquake or any default under this contract, unless specifically agreed in writing. 

The contractor provides warranties for craftsmanship for 3 years. Within 3 years of time frame the contractor will repair, change or replace any damage articles. 本工程有质量问题本公司保修3年, 如有天灾人祸造成损害,本公司只负责保修另外只收取材料和人工费Any structural or appearance of finished features is at the discretion of the contractor, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to the contractor, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. The contractor is not liable for any works necessary as a consequence of such an omission. This applies to both client and agent.除非承包人或代理商在工程开始前以书面形式达成协议,否则成品特征的任何结构或外观均由承包商决定。如果向承包商提供了有关特征外观的书面说明,则客户或代理商有责任在该特定特征开始之前索要完成作品的一小部分样品。承办商对由于这种疏忽而导致的任何必要的工程概不负责。这适用于客户端和代理。

OUR GUARANTEE

Castle Landscaping  Inc. is very proud to stand behind our work and does everything possible to ensure customer satisfaction during and after installation. Please read and understand our guarantee so there are no questions about the responsibilities of Castle Landscaping, Inc. and the customer.

All guarantees below are valid only upon full payment of agreed contract. Once job is completed to contract/plan specifications, withholding payment for warranty items is not acceptable. Warranty items will not be addressed until payment in full is received.

PLANT MATERIAL

Guaranteed to be living and vigorous at the time of installation. Plant material that dies within one year from installation date will be replaced at no cost. Replacements will be installed on a one time basis, based upon availability, seasonal conditions, and Klamfoth, Inc.’s scheduling. Substitutions will be agreed upon by both customer and Klamfoth, Inc. Plant material that dies due to improper care, i.e. poor watering, over fertilizing, improper pruning or maltreatment, will be void from guarantee.

PATIOS, STEPS, WALLS

Craftsmanship guaranteed for a period of one year from installation to be free from defects and construction failure. All installation will be done according to manufacturer material specifications. Exception for new build construction (two years or less): any soil settling or unstable subsoil condition which results in construction failure is not the responsibility of Castle Landscaping, Inc. Work done by other contractors after job completion that causes failure will not be the responsibility of Castle Landscaping, Inc. Manufacturer warranties apply within their limitations.

ANNUAL PLANTINGS

Guaranteed for a period of 24 hours from installation to be healthy and vigorous. Klamfoth, Inc. will water and fertilize annual plantings one time at initial planting but is not responsible for maintaining and watering beyond first 24 hour period. Any bed improvements (tilling, soil conditioners, bed leveling, etc.) will be charged in addition to cost of annual flats and installation.

LOW VOLT LIGHTING

Guaranteed to be in working condition upon completion of job. Manufacturer warranties will apply to the fixtures and transformers within their limitations.

SEEDING/HYDRO SEEDING

This will be done so that complete soil coverage is achieved. Dry seed and hydro seed success depends heavily upon irrigation and Castle landscaping, Inc. can not be held responsible for conditions that wash away or prevent seed germination after coverage is applied. Reapplication will be charged additionally.

REPAIRS

Any damage to turf areas will be repaired through seeding or hydro seeding (cf). Turf repairs by sod will be an additional cost borne by the customer. Plants damaged will be pruned accordingly or replaced with a reasonable and available size matching removed plant.

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