Terms – Landscape Installation
Welcome to the Hyatt Family!!!
Thank you so much for partnering with Hyatt Landscaping, Inc. to ensure optimum health and beauty for your lawn and landscape. We love building lasting relationships with our clients and look forward to developing a program that best suits your needs. In order to ensure long-term success and meet the transformational goals for your property, we will continue providing the services in an ongoing manner unless otherwise directed.
Hyatt Landscaping, Inc. has been family owned and operated since 1980! For over 40 years, we have provided top-notch landscape services to our community. We exist to enhance the lives of our customers and employees by creating ideal landscape solutions centered around horticultural excellence. We look forward to working with you!
Accepted Forms of Payment: Cash, Check or Online via ACH Bank Transfer with no fees. Credit/Debit Card Payments can be received; however all Credit Card transactions will automatically incur a 3% fee at time of transaction. Debit Card transactions over $1,000.00 will also incur an additional 3% fee, which will be invoiced separately.
***Note: Due to the volatility of material costs and availability, prices and material selections are subject to change.
***Proposals are valid for 30 days
Terms & Conditions:
Hyatt Landscaping will obtain materials especially for the project by quotes and cannot process changes without cost. Changes to a plan include, but are not limited to substituting, adding or deleting plant materials, increasing or decreasing plant sizes, and relocation of plant materials after installation. For example, if the landscape plan specifies an Oak tree and you want to substitute a Maple tree, the Customer will remain obligated for the cost of the Oak and the Customer will incur an additional charge for the Maple tree. Changes made by the Customer to one plan may require changes to other plans that comprise the project.
Any material or design changes can be made upon request. The Customer must request a Change Order Form provided by Hyatt Landscaping. All price increases or credits must be signed by Customer and Hyatt Landscaping. Changes to the landscaping plan or materials to be installed may affect projected completion date.
LIMITED PLANT REPLACEMENTS
A. If the Customer adheres to the guidelines for optimum plant care described below, Hyatt Landscaping will provide, without additional charge, one replacement of certain plant materials under the following conditions:
- 1. Properly functioning drip irrigation must be installed.
- 2. Shrubs, trees and ground covers that die are eligible for replacement once up to one (1) year after installation.
- 3. Perennials that die are eligible for replacement once up to ninety (90) days after installation due to the delicate nature of plant material.
- 4. Tropical/Subtropical Plants (i.e. Palms) and Annuals will have no warranty.
B. To be eligible for limited plant replacements, the Customer must have a properly functioning irrigation system, adhere to the recommended watering schedule, and notify Hyatt promptly of any plant health problems. If Hyatt did not install your current irrigation system, or if it was installed more than a year prior to the date of this contract, Hyatt Landscaping will evaluate the system and the Customer must complete any recommended repairs or adjustments to Hyatt’s satisfaction prior to the installation of plant materials.
C. The following plants are not eligible for replacement: tropical/subtropical plants (i.e. palms); annuals; transplanted existing plants; plants damaged due to the occurrence of any of the following: failure to monitor health of plants, improper application of fertilizers, failure to apply appropriate pest, weed or disease control measures, improper watering (including failure to monitor settings on irrigation controller), extraordinary weather conditions such as flood, drought, hurricane, lightning or other acts of nature, negligence or cold damage.
TURF GUARANTEE
Hyatt Landscaping guarantees that any turfgrass seed or sod installed at the project site is of good quality and applied in a professional manner. Sod and Seed are perishable products and are susceptible to conditions, especially in the summer months. Therefore, no warranty is offered in any way due to the variability of temperature, rain, sunlight, traffic, soil erosion, insects and other conditions beyond our control.
IRRIGATION SYSTEM LIMITED WARRANTY
Hyatt Landscaping warrants the irrigation system to be free from defects in materials and workmanship in normal use and service for up to one (1) year after installation. Customer agrees to notify Hyatt promptly of any system malfunction. Occurrence of any of the following voids the limited warranty: servicing of the irrigation system by any party other than Hyatt Landscaping; damage to the system by lightning or other acts of nature; and negligence. Adjustments to the sprinkler heads after satisfactory installation are not included in the contract price. Customer must have the irrigation system winterized to prevent freezing. Modifications made to an existing system will be warranted for ninety (90) days. Hyatt Landscaping is not responsible for water source problems originating from a well or water meter. Should a water source problem occur, the full contract price remains due and payable upon installation completion.
DRAINAGE LIMITED WARRANTY
Hyatt Landscaping warrants any surface drainage system to capture, carry and direct the flow of surface water run-off under normal rainfall conditions for this region for up to two (2) year after installation. The drainage system is not designed to capture, carry and direct the flow of surface water run-off under extreme conditions such as hurricanes, flash flooding, or other extreme storm activities. Hyatt Landscaping designs the surface drainage system based on site analysis and on the approximate amount of water flowing from impervious surfaces, gutter flow and catch basin sizes. Hyatt Landscaping does not perform an engineered design of the project site. All underground piping will have adequate positive fall to carry and direct the flow of surface water run-off. All catch basins and gutters should be cleaned and inspected three (3) times a year to prevent accumulating debris from obstructing flow of drainage system. The occurrence of any of the following voids the drainage system limited warranty: service or modification of the drainage system by any party other than Hyatt Landscaping; damage caused by hurricanes or other acts of nature; and negligence. Hyatt Landscaping is not responsible for any damages to property beyond the extent of repairing or replacing the drainage system.
LIGHTING SYSTEM LIMITED WARRANTY
Hyatt Landscaping warrants the lighting system to be free from defects in materials and workmanship under normal use and service for up to three (3) years after installation. All manufacturer warranties will be upheld by Hyatt Landscaping to cover material repair or replacement for the extent of that product’s posted warranty at time of installation. A service charge will apply after the three (3) year warranty period has passed. Customer agrees to notify Hyatt Landscaping promptly of any malfunction of system. The occurrence of any of the following voids the lighting system limited warranty: service or modification of the lighting system by any party other than Hyatt Landscaping or HyLight Landscape Lighting; damage caused by lightning, hurricanes or other acts of nature; and negligence. The cost and installation of replacement lamps is included for three (3) years in the warranty.
HARDSCAPE LIMITED WARRANTY
Hyatt Landscaping warrants walks, patios, driveways and retaining walls to be free from defect in materials and workmanship for up to two (2) year after installation. The occurrence of any of the following voids the hardscape limited warranty: modification of the hardscape or surrounding grade and drainage by any party other than Hyatt Landscaping; damage caused by flood, hurricanes or other acts of nature; and negligence.
CARPENTRY LIMITED WARRANTY
Hyatt Landscaping warrants decks, arbors, and trellises to be free from defect in materials and workmanship for up to two (2) year after installation. The occurrence of any of the following voids the carpentry limited warranty: modification of the carpentry or surrounding grade and drainage by any party other than Hyatt Landscaping; damage caused by flood, hurricanes or other acts of nature; and negligence.
ARBITRATION
All claims or disputes between Customer and Hyatt Landscaping, Inc. arising out of or relating to this contract shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Notice of the demand for arbitration shall be filed in writing with the other party to this contract and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen.
Construction Industry Arbitration Rules: https://www.adr.org/sites/default/files/ConstructionRules_Web_0.pdf
***Note: if source is outdated, most recent document can be found at www.adr.org/construction; Click on “Construction Arbitration Rules and Mediation Procedures”
MISCELLANEOUS________________(Initial)
Customer’s remedies are limited to repair or replacement as set forth in this contract. Eligibility for repair or replacement of any item described in this contract is not transferable. Hyatt Landscaping does not automatically schedule necessary applications of insect, disease and weed control products, nor are they responsible for germination of weed seeds on the project site. Weed control services are Customer’s responsibility and Customer should make prior arrangements to implement a weed control program shortly after installation. Customer assumes all liability for injury to person or property after installation.
All services requiring excavation have been priced for favorable working conditions. If conditions such as rock formations, high water table or any other unforeseen problems require additional materials, equipment time and labor, the Customer will be notified and any additional costs will be added to the invoice.
Hyatt Landscaping shall call in locates for all water, sewer, gas, electric, telephone and cable service lines at their primary connection to the project site. Customer shall locate and identify to Hyatt Landscaping satisfaction all other service line located on the project site, included but not limited to secondary connections to the before mentioned service line such as gas grill or lantern connection. Every attempt will be made to keep from damaging undergrounds during the installation process, however:
***Hyatt Landscaping is not responsible financially or otherwise for any damage to phone lines, TV cable lines, gas lines, electrical lines, water lines, irrigation systems, or invisible fence lines. Customer agrees to assume the responsibility for any damage and related costs of repair resulting from damage to undergrounds.
This contract shall be construed under the laws of the State of North Carolina. If any provisions of this contract are considered to be unenforceable, the remaining provision will remain in full effect. Any waiver or modification of this contract must be in writing and signed by Hyatt Landscaping to be enforceable against Hyatt Landscaping.
Hyatt Landscaping, Inc will schedule the installation of the project based on availability of resources required to complete the project in an efficient manner. However, weather or other field conditions (including the progress of other contractors) may delay the dates set for installation should Hyatt consider those conditions adverse to proper installation.
Customer agrees to pay Hyatt Landscaping a finance charge of 1.5% per month if the Customer fails to pay any amount due under this contract. Customer agrees to pay all cost, fees and expenses Hyatt Landscaping incurs in collection of any unpaid amount due under this contract, including but not limited to legal fees.