Customer Terms

General Terms and Conditions

These terms and conditions apply in all cases except where a specific, written agreement is reached between Green Image Landscaping & Tree Service (“Green Image”) and the Client.

Term. Green Image shall furnish all labor, materials, and necessary equipment to complete the scope of the project (the “Service”).  Green Image shall incur all gas and dumping fees associated with the project.

Scope of Work. Green Image shall use its best efforts to perform the Service.  Green Image will perform industry standard services and performance.  If there is a change in the scope of the project, such change will be signed off on by both Green Image and the Client.

Payment Terms. Upon completion of the scope of the project, the Client will be invoiced promptly. Invoice is due upon receipt.  Customer shall not be entitled to reduce or offset any payments owed to Green Image hereunder for any reason.

Late Payments and Payment Defaults. Any unpaid balance will bear interest at a rate of 3% per month (36% per year). In the event payment remains past due for a period in excess of 30 days, Green Image’s obligations under this Agreement will be suspended until payment is made in full. In the event of default of this Agreement by the Client which is not cured, Client shall be responsible for the costs of collection, including, but not limited to, Green Image’s reasonable attorney fees and costs of collection, whether or not suit is filed.

Deposit. For all estimates valued under $10,000.00, a 50% deposit is due upon acceptance of the estimate. For all estimates valued over $10,000 a 50% deposit is due at signing, with another 25% due at the start of the project with the remainder 25% billed upon job completion. The deposits will be used for ordering and securing materials and to hold your place in line.

Proposal Expiration Date: Proposed quote is valid for 30 days.

Material Price Change: Material prices can sometimes change from week to week, Please secure your project by placing a deposit down ASAP. 

Insurance:  Green Image’s coverage includes:

$1,000,000 in Commercial General Liability

$500,000 in Automobile Liability

$500,000 in Workers Compensation and Employers Liability for lawn maintenance crew.

$1,000,000 in Workers Compensation and Employers liability for installation tree trimming crew.

Upon request, Green Image shall deliver to the Client an insurance certificate evidencing such insurance.

Underground Utilities (Private): Green Image will make every effort to avoid damaging private underground utilities, but please note that it is the Client’s responsibility to mark these. These utilities include private underground electric, water and gas lines, including, but not limited to underground dog fences, landscape lighting wires, gutter down spouts, sprinkler systems, etc.

Ground Settling: Please note that settling of ground (soil) occurs daily and can occur at anytime, especially around new construction homes and freshly disturbed soil. Green Image cannot be held liable for any settling of ground during and after completion of patio and retaining wall construction projects. Green Image does make efforts to compact said soil prior to any stone or block installation but settling may occur at any time afterwards.

Indemnification. Green Image shall indemnify and hold harmless the Client from any and all injuries, damages, causes of action or claims to the extent they are caused by negligent or intentional acts or omissions on the part of Green Image, its agents, subcontractor, employees, or others acting on behalf of Green Image, in the performance of its obligations under this Agreement. Customer is required to notify Green Image within 30 days of the date Client is notified or discovers any potential claim, cause of action, or damages potentially caused by Green Image.

Standard of Performance. Green Image shall use due care, skill, and diligence in the performance of its obligations under this Agreement and shall perform all its obligations in its best workmanlike manner and in accordance with the accepted standards for professional landscape contractors in the state of Florida. All materials used in performing any obligation under this Agreement shall be of first quality and shall be used strictly in accordance with the manufacturer’s specifications.

Time.  Time is of the essence in performing the obligations under this Agreement. In the event that performance by Green Image shall be interrupted or delayed by any occurrences outside Green Image’s commercially reasonable control, including but not limited to acts of God, inability to secure labor and/or products, and rules, regulations or restrictions imposed by any  government or governmental agency, Green Image shall be excused from such performance for such a period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

Independent Contractor Relationship. All Services performed by Green Image under this Agreement shall be as an independent contractor, and in no way shall Green Image be considered an employee of the Client.

Inspection and Notice. Upon notification of completion by Green Image, Client will have seven (7) business days to inspect and evaluate the work to determine that the work has been performed in a workmanlike manner and pursuant to the terms and conditions of this Agreement. Within this period, Client shall notify Green Image of any defects in the work, and Green Image shall have 30 days to cure any such defects. Payment is due per terms, independent of any defects and cure required.

Force Majeure. If a party is unable to perform or is delayed in the performance of its obligations due to acts of God, natural weather disasters, fire, explosion, flood, war, civil disturbance, terrorism, or any other cause beyond that party’s control (each a “Force Majeure”), such non-performance shall not be an event of default under this Agreement. The non-performance of Green Image due to a Force Majeure shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure.  Green Image shall use all reasonable efforts to remedy its inability to perform and the performance shall be resumed at the earliest practicable time after cessation of such interruption.

Warranties.
 a. Nursery Stock. All plant life (annuals excluded) is warranted to be of the variety and type described and to be alive and remain alive for a period of:

Perennials, plants, and shrubs, 1 gallon and larger: 180 days from date of installation if maintained by Green Image.

Trees and palms, 30 gallons and under: 1 year from date of installation if maintained by Green Image.

Trees and palms, 30 gallons and larger: 1 year from the date of installation if maintained by Green Image.

Anything Client maintains is warrantied for 30 days only if all the plant material and trees are maintained (including watering, fertilizing, and pest and disease control) by Client in accordance with acceptable maintenance practices. This warranty applies only to nursery stock planted by Green Image and properly maintained by Client, including using an operational timed automatic irrigation system supplying proper pH fresh water to installed plants.

b. Irrigation:

An irrigation system installed by Green Image pursuant to the Agreement is guaranteed for parts and labor for a period of 1 year from the date of substantial completion if the system is being monitored and maintained by Green Image. If this is Client maintained, a 30-day warranty applies.  The Manufacturer’s warranty applies for all electrical/electronic parts.

c. Sod:

The Client has the option to inspect and/or reject sod at delivery before installation. There is no warranty for sod after installation.

Green Image is not responsible for damage to nursery stock, irrigation system, or new or existing sod caused by outside parties, including but not limited to, homeowners and subcontractors not hired by Green Image.  Any loss or damage from theft, tampering, vandalism, drainage, soil conditions, salt, frost, wildlife, pests, disease, lack of proper maintenance, acts of God, or failure by Customer to mark anything underground (often marked by “No Cuts”), are excluded from this warranty. This warranty is limited to a “one time” replacement of plant materials, parts and labor of similar or equal stock.

Stated warranties are only effective upon the Client’s payment in full of the total contract price, including any change orders. Warranties are effective from the date of installation.  Customer waives all incidental or consequential damages and agrees that the liability of Green Image for any and all claims, whether breach of contract, breach of warranty, negligence or otherwise, is limited to the purchase price of the defective work or material.

In the event the Service is completed and under warranty with Green Image and the project is not under a maintenance contract by Green Image, the project will need to be properly maintained by another maintenance crew for warranties to apply.  If the project is not properly maintained or watered to Green Image’s standards, Green Image will not be responsible for damaged or dead materials.

Return policy and claims not arising under warranty: ALL SALES ARE FINAL.

Payment Obligations. Even after termination or expiration of this agreement, each Party shall pay any amounts it owes to the other Party, including payment obligations for services already rendered, work already performed, goods already delivered, or expenses already incurred, and refund any payments received but not yet earned, including payments for services not rendered, work not performed, or goods not delivered, expenses forwarded.

Notices. All notices to Green Image under this Agreement shall be given in writing at the address specified below:

4300 Jog Road #541144

Green Acres, FL 33467

Alternatively, notices to Green Image under this Agreement can be given in writing to the following email address: sam@greenimagelandsc-ricqu0l55a.live-website.com or jenn@greenimagelandsc-ricqu0l55a.live-website.com.

Governing Law and Binding Effect. This Agreement and the interpretation and enforcement of the same will be governed by and construed in accordance with the laws of the State of Florida and will be binding upon, inure to the benefit of, and be enforceable by the parties hereto as well as their respective heirs, personal representatives, successors, and assigns.

Arbitration. All claims and disputes arising under or relating to this Agreement for damages on account of any breach of this Agreement or of any warranty, covenant, condition, requirement or obligation contained herein are to be settled by binding arbitration in the state of Florida.

Waiver. No provision of this Agreement shall be deemed waived unless such waiver is in writing and signed by the waiving Party. The failure of a Party to exercise any of its rights, remedies, or options under this Agreement, or the failure of a Party to insist upon another Party’s compliance by with any provision under this Agreement, shall not constitute a waiver of any Party’s right to demand compliance.

Severability. Each provision of this Agreement is severable from any and all other provisions of this Agreement. Should any provision of this Agreement be for any reason unenforceable, the balance shall nonetheless remain in full force and effect, but without giving effect to such provision.