CLA Landscapes Service Agreement


THIS AGREEMENT is made, executed and delivered by and between CLA Landscapes LLC, a Wisconsin LLC., with its place of business at 1004 South Olde Oneida St. 2C Appleton, WI. 54915 (d/b/a and hereinafter referred to as "CLA Landscapes") and the named customer on the invoices.
PAYMENT TERMS:
Customer agrees to pay a down payment of 35% the total project price with the remaining balance due within 3 days of project completion.  Payment changes may only be made and executed by a founding partner of CLA Landscapes.  A delinquency/finance charge equal to 1.5% per month (or 18% annum) will be assesses on all payments more than 30 days past due.

Customer has 3 business days after deposit is processed to cancel the project, as Wisconsin law requires, after that a 20% restocking fee will be enforced.
NOTICE OF LIEN RIGHTS:
As required by the Wisconsin Construction Lien Law, builder hereby notified owner that persons or companies furnishing labor or materials for the construction on owner's land may have lien rights on owners land and building if not paid.  Those entitled to lien rights, in addition to the undersigned builder, and those who contract directly with the owner or those who give the owner notice within 60 days after they first furnish labor or materials for the construction.  Accordingly, owner probably will receive notices from those who furnish labor or materials for the construction, and should give a copy of each notice received to the mortgage lender, if any.  Builder agrees to cooperate with the owner and the owners lender, if any, to see that all potential lien claimants are duly paid.
COLLECTION COSTS:
In the unfortunate event that CLA Landscapes is required to bring suit to collect any sum due to the terms of this contract/agreement, Customer agrees to reimburse CLA Landscapes for all collection costs, including but not limited to, actual attorney fees, court costs, expert witness fees, document production fees, photos, etc.
Limited Performance Guarantee:
CLA Landscapes warrants all Trees and Shrubs for a period of one year from the date of installation.  This warranty shall be void if customer fails to follow standard maintenance and care instructions such as watering, fertilizing and pruning.  Warranty does not include transplanted material and any one gallon perennial plant material, or any plant material installed by the customer.  Unstable or untypical seasonal weather conditions can also void plant warranty.
This warranty shall be null and void if Customer fails to follow any of the maintenance and care instructions provided to customer such as fertilizing, watering, lawn cutting and pruning.  CLA Landscapes shall not be responsible for loss, damage or destruction to:

1.  Improper maintenance of lawn that results in poor growth.
2. Damage to lawn cause by washouts, storm erosion, erosion from  downspout or sump pump discharge, chemical spills, footprints etc.
3. Settling of lawn due to excavation, backfill, rough grading or work by    others.

CLA Landscapes warrants all structures installed on Customers property for a period of 12-36 months from the date of installation. All CLA Landscapes hardscapes carry 3 year warranty on workmanship.
Customer is responsible to have all yard rough grades completed to the minimum municipal or industry standard, whichever is greater.  Customer is to have the rough grade completed before CLA Landscapes commences work.  Customer shall be responsible for the proper rough grading along all property lines ditched, culverts, driveways, sidewalks,etc.
Customer's exclusive remedy under this warranty is repair or replacement by CLA Landscapes.  All other remedies in law or equal are hereby disclaimed.  All other warranties, express or implied, are waived.  CLA Landscapes is not responsible for any dispute regarding the location of  any/all plant material, fences, patios, soft or permanent edging landscape borders, decks or other landscape installation unless Customer, at its expense, has any/all lot/property lines clearly marked.
Unforeseen Soil  Conditions:
Should CLA Landscapes encounter unforeseen soil conditions, such as rock, unsuitable soil. unstable soil, standing water, underground debris, concrete or undefined sources of water such as an underground springs, tree stumps, the cost to remove or remedy such conditions shall be borne by Customer as an additional expense at labor rate discusses between CLA Landscapes and Customer.  Failure to remedy such conditions shall void warranty.
Utility and Service Lines:
CLA Landscapes shall not be responsible for damage to any underground utility line such as (sewer, water, sump/ground water drainage, sprinkler systems, electricity, gas, or cable TV), any lateral line for such services, or any buried cable or lines for yard lights, or any other outdoor structures/fixtures, unless Customer, at its expense, has had all such lines clearly marked.
Permits/Codes:
Customer is responsible for applying for and obtaining all necessary permits.  CLA Landscapes is not responsible for any changes Customer requests which results in a Code violation.

Change Orders:
Any changes to the original Estimate shall result in additional charges.  Changes may be made by Customer orally or in writing, both of which shall be legally binding.

Installation Schedule:  
The installation schedule is sensitive.  CLA Landscapes reserves the right to move an installation date forward or back due to weather, equipment availability, or unforeseen events, etc.




CLA Landscapes LLC.
1004 South Olde Oneida St.
Appleton, WI. 54915
(920-507-1111)
www.clalandscapes.com