Contract Terms
All work will be completed as described within the approved estimate, plans, and/or designs. The pricing listed in the estimate, associated with this contract, is an “estimate”. An “ESTIMATE" is defined as a written statement indicating an “APPROXIMATE” calculation of a price that will be charged for specified work. Some variation in final costs may occur based on final material quantities. Pricing within estimates is created assuming the entire project is agreed upon. If the estimate is picked through, pricing may change by line item.
Any alterations or deviations from the proposed project involving extra costs will be executed upon a signed change order.
Project schedules are dependent on the weather and other conditions, and therefore may be subject to change. JK Landscape Construction will make every effort to complete the project in a timely manner. All agreements are contingent upon material availability, strikes, accidents, and/or delays beyond our control.
Unless otherwise noted, the estimate does not include any permits and/or permit fees. JK Landscape Construction can obtain the necessary permits for an additional fee. (Permit Fee + Office/Design Time)
JK Landscape Construction will carry liability and workman’s compensation insurance. Bonding is available upon request at customer cost.
If required, JK Landscape Construction will submit a utility locate request to Gopher State One Call (GSOC), prior to the start of your project. It is the Customer’s Responsibility to mark all of their personal/private underground lines including, but not limited to sprinkler heads & lines, septic system drain fields & wires, wellheads & wires, invisible pet fencing, drain tile, geothermal lines, and everything that GSOC does not locate. JK Landscape Construction is not responsible or liable for damage to any private utilities.
The landowner is responsible for approving access paths and staging areas for materials and equipment on their property. JK Landscape is not responsible for damage within the approved access path and staging areas. (ie: driveways, sidewalks, septic system, drain field, etc.)
Extra charges may be applied to the final invoice if the following is in the work areas: animal waste, furniture, debris, etc., and/or a power and water source are required but not available.
Any necessary and/or requested irrigation repairs can be completed and invoiced at a time and materials rate. Irrigation repairs are NEVER included in the estimate as this is unforeseen when estimating your project.
JK Landscape reserves the right to implement a reasonable Fuel Surcharge without notice if diesel fuel exceeds $4.50 per gal.
Warranties
Warranties are valid Only if Paid in Full within 15 calendar days from the Date on the Invoice. It is the customer's responsibility to be aware of the project status daily, and make sure they are completely satisfied with the work before the crew leaves the site. Any changes after this may result in a new contract and the work scheduled at a later date.
- CONCRETE (curbing, patios, etc.) - Covered by their respective Manufacturer Warranties where applicable. No Warranty or Guarantee on color match or cracking of concrete.
- PAVERS and WALLS – A Two (2) Year Warranty for substantial settling and/or heaving. Based on MN freeze/thaw cycles, pavers and walls will typically return to their original installed locations when the ground thaws in the spring.
- PLANT MATERIAL - Thirty (30) Day Warranty if properly cared for. See plant care instructions at https://www.jklandscape.com/resources/plant-care. No Warranty when installed after the first frost of the season (usually in late October / early November). The warranty does not cover replacement labor (material only), issues concerning animals, weather, and/or other circumstances outside our ability to control.
- SEED / SOD - No Warranty. https://www.jklandscape.com/resources/plant-care
- IRRIGATION SYSTEMS – Limited Twelve (12) Month warranty on newly installed systems. Some parts are covered under JK Landscape Construction’s warranty, but other parts are covered by the manufacturer’s limited warranty. The Warranty is Void if not properly maintained (JK Landscape Must complete winterization and any repairs, billable or not). The owner is responsible for scheduling their Annual Blowouts and Maintenance. Service Call Fee: $150 plus Parts and Labor. No Warranty on Lake Pumps if it is plugged by debris.
- MATERIALS and STRUCTURES – Covered by their respective Manufacturer Warranties where applicable. (ie: decks, railings, blocks, steps, rock, siding, pavers, edging, etc.)
- LABOR / WORKMANSHIP – Limited Two (2) Year Warranty.
Payment Terms
A $500 Non-Refundable Deposit is required to schedule any project. The Balance of a 50% Down Payment is Due Prior to Starting Your Project. The Remaining Final Balance is Due Upon Job Completion. Visa, Discover, and MasterCard are accepted with a 5% convenience fee. The $500 deposit holds a place on the calendar but does not protect against material price increases.
Progress payments for work completed (labor and materials) may be applicable if a project needs to pause due to weather or other circumstances out of our control. If there are any contractors/subcontractors involved with the project, whether hired by JK Landscape Construction or not, JK Landscape Construction may ask for progress payments and not the typical terms listed above.
If payment is not made as agreed, a service charge of 1.5% per month (18% annual) will be imposed from the date of default. Any invoice not paid in full, within 15 calendar days of the invoice date, will forfeit any and all warranties. Delinquent accounts, over 45 days, will be turned over to a Collection agency and/or Attorney’s office without notice. The client will be responsible for any and all costs related to the collection of the balance.