Landscape Produtions

Warranty Disclaimer and Terms and Conditions Policy

TERMS OF INSTALLATION AGREEMENT Twin Creeks Landscape Group will furnish all materials identified in the proposal or attachments if any and Twin Creeks Landscape Group will furnish all labor necessary for the complete landscape project pursuant to the terms set forth below. Customer will pay for said landscape construction in the manner set forth below.
ALTERATIONS Any alterations to materials or work to be performed as identified in the proposal will be subject to a change of work order. NOTE color, size, type and placement of materials used may vary slightly from those represented by material samples, photo renderings, diagrams etc. In the event a change of work order is needed, a new proposal will be provided and must be agreed upon prior to continuation of scheduled work. In the event that material identified in proposal is not available, the customer gives Twin Creeks Landscape Group full permission to make substitutions as seen fit for the overall functionality and completion of the project.
PERFORMANCE Unless otherwise agreed to by the customer, Twin Creeks Landscape Group will commence work on the landscape project at the address set forth on the proposal. The dates shall be extended by reason of any delays caused by the Customer or any other reason not within the control of Twin Creeks Landscape Group. The extent of Twin Creeks Landscape Group's work shall include the acquisition and installation of only those materials certified on the proposal.
CUSTOMER’S RESPONSIBILITY Twin Creeks Landscape Group shall have underground utility lines located by Missouri One Call, before the job is started. The customer will be responsible for the location of any privatized utilities, site lighting, low voltage lighting and invisible pet fences, underground drainage pipes and property lines. Twin Creeks Landscape Group is not responsible for any damage to any privatized utilities, lighting or pet fences that have not been accurately located. Twin Creeks Landscape Group SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OCCURRING BY REASON OF CUSTOMER’S FAILURE TO LOCATE AND MARK ALL UNDERGROUND OBSTRUCTIONS OR BY REASON OF THE LANDSCAPE CONSTRUCTION ENCROACHING UPON PROPERTY LINES. ANY REPAIRS UNDERTAKEN BY Twin Creeks Landscape Group AS A RESULT OF THE CUSTOMER FAILING TO ACCURATELY MARK OBSTRUCTIONS, SHALL BE BILLED AT Twin Creeks Landscape Group’s CUSTOMARY RATES. Additionally, Twin Creeks Landscape Group will not be liable for ensuring the closure of gates/fences located your property. It is the customer’s responsibility to check all gates/fences prior to releasing children and/or pets into a fenced yard.
CONDITION OF LOT Customer understands and agrees that the landscape construction requires excavation. Twin Creeks Landscape Group will undertake any reasonable efforts to restore Customer’s lot to the most plausible original condition after completion of said installation. However, Customer acknowledges that said restoration shall not be to the original condition of the lot. Further, any unusual damage done to Customer’s lot during Twin Creeks Landscape Group’s excavation, by reason of large subsurface rocks or other subsurface condition, unforeseen by the parties hereto shall not be the responsibility of Twin Creeks Landscape Group. Customer agrees to incur the cost of any extraordinary restoration work required hereby. However, Twin Creeks Landscape Group shall not be responsible for such damage other than that created by the negligence of its employees.
PAYMENT TERMS If not otherwise structured, Customer shall deposit with Twin Creeks Landscape Group in an amount equal to 50% of the total installation contract price hereunder upon Customer’s execution of this Agreement. Customer shall pay the balance of the contract price upon completion. All payments shall be made to Twin Creeks Landscape Group’s representative or mailed to Twin Creeks Landscape Group, 11910 Leipard Lane, Platte City, MO 64079. FAILURE TO PAY THE BALANCE OF THE INSTALLATION CONTRACT PRICE WITHIN FIVE (5) BUSINESS DAYS AFTER SAME BECOMES DUE SHALL VOID WARRANTY DESCRIBED BELOW.
SECURITY AGREEMENT Twin Creeks Landscape Group shall retain a security interest in all plants and materials installed on Customer’s real estate until the contract between the parties has been paid in full. Failure to pay all sums due within thirty (30) days of completion of the contracted project shall permit Twin Creeks Landscape Group to enter upon the premises and remove all items subject to this security agreement, all without a court order.

Warranty Information

Twin Creeks Landscape Group will replace any tree, shrub, or vine that dies within 12 months of the date of installation for all customers in good standing. Our plant materials come from certified nurseries and are inspected to insure freedom from insects and disease. Replacements will be made using the same type, quality and size plant from the original installation, unless otherwise requested and/or agreed upon by both parties. Replacement Warranties are limited to plants installed only and do not cover additional labor, special equipment, or materials used for removing and installation replacement material. Additional material may include planting soils, planting amendments, mulches or topdressing materials and staking/securing materials. A minimum rate of $96 will be billed for any plant warranty work requests. If a machine/loader is required to be used during replacement, a rate of $144 will be billed as the minimum. Customary Labor and Material Rates will be charged beyond the minimum rates expressed above when warranty replacements result in the need for labor beyond 1 hr and/or additional materials.

This warranty is subject to the following conditions:

The plant in question was part of a project designed and built by Twin Creeks Landscape Group and where Twin Creeks Landscape Group performs full service weekly landscape maintenance.
Perennials will carry a one year warranty through the first growing season.
Sod, annuals, shrubs, vines and/or plants planted in containers are not guaranteed.
Twin Creeks Landscape Group is not responsible for losses due to acts of God (deer or other animals, high wind and rain, abnormal cold weather, drought, etc.), lack or over watering, pet damage, vandalism or malicious damage beyond Twin Creeks Landscape Group‘s control.
Transplanted materials and/or plants identified in our proposal, prior to installation, as semi-hardy or non-hardy carry no warranty.
Warranty is not transferable between parties without prior notification and approval by Twin Creeks Landscape Group.
Delinquent payments void the warranty.
A full service landscape maintenance contract is required to keep the warranty in effect. Full service means that Twin Creeks Landscape Group completes all basic maintenance (mowing/pruning/etc.), all fertilizer and chemical applications which Twin Creeks Landscape Group considers necessary.

If full service landscape maintenance through Twin Creeks Landscape Group is not selected, our standard one year plant guarantee will be in effect (see Plant Material Warranty clause below).

Plant Material Warranty

Plant material installed is guaranteed for a period of one (1) year. All materials have been inspected and certified prior to and during installation, and care has been exercised by Twin Creeks Landscape Group to ensure proper planting procedures. Twin Creeks Landscape Group must be notified in writing within the one (1) year period of any requested warranty replacement. Please note circumstances in which the material will not be covered:

Plant material that has been found to have died from lack or over watering and/or maintenance post planting.
Plant material that has been damaged by animals or acts of vandalism.
Plant material damaged by any acts of God, i.e. – winter burn, snow breakage, windburn, drought, flooding etc.
Plant material found to be damaged by insect/disease infestation. The plant material has been inspected and certified, our plants are guaranteed to be insect/disease free at the time of installation.
Annuals are seasonal and die at the end of each season and are not covered under any warranty.
Any plant material that has been transplanted following installation.
Any discrepancies in original planting must be reported to Twin Creeks Landscape Group, within seven (7) days of installation.
Adding raised beds or excessive mulch build up after Twin Creeks Landscape Group has completed work will void any warranty claim.
Existing plant material that is transplanted as part of a project is not guaranteed.

Plant Material Warranty Claims

If you have a warranty claim, the terms for replacement include:

All accounts with Twin Creeks Landscape Group must be current to make a claim.
Items will be replaced with material at the size stated in the contract. Growth factors will not be taken into account.
Warranty replacement will cover replacement material of the plant at no cost to the customer.
A minimum rate of $96 will be billed for any plant warranty work requests. If a machine/loader is required to be used during replacement, a rate of $144 will be billed as the minimum. Customary Labor and Material Rates will be charged beyond the minimum rates expressed above when warranty replacements result in the need for labor beyond 1 hr and/or additional materials. Additional material may include planting soils, planting amendments, mulches or topdressing materials, and staking/securing materials.

Hardscape Warranty

Hardscape installation is guaranteed for a period of one (1) year from the date of installation. Hardscape materials are guaranteed to be as specified by manufacturer for description and quality. If settling or structural failure occurs within the one year period of installation, repair work will be completed including labor and material at no cost to the customer. Warranty claims must be submitted in writing to Twin Creeks Landscape Group within the one year period.

Discrepancies in completed work must be presented to Twin Creeks Landscape Group within seven (7) days of completion date.

Please note the below circumstances which void this warranty in full:

Any alteration to Hardscape or areas adjacent to Hardscape following installation.
Sub-grade settling and/or construction compaction.
Excavating or altering subgrade or construction base under or adjacent to Hardscape.
Improper loading or use of Hardscape structure.
Damage by any act of God, flooding, extreme wind, etc.

Photograph Release

I grant permission to Twin Creeks Landscape Group, on behalf of the company and its agents or employees, to use photographs taken of the project and/or property once communications began regarding the project and to extend for a period of ten (10) years following the completion of the project and/or the end of the warranty period whichever is longer in duration. These photos may be for use in company publications such as advertising brochures, newsletters, and magazines, and to use the photographs on display boards, and to use such photographs in electronic versions of the same publications or on the company’s web sites or other electronic form or media, and to offer them for use or distribution in other non-company publications, electronic or otherwise, without notifying me.

I hereby waive any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photograph.

I hereby agree to release, defend and hold harmless Twin Creeks Landscape Group, on behalf of the company and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.

Service Disclaimer

In performing requested services, Twin Creeks Landscape Group is not liable for any damage that occurs as a result of:

Drainage or grade alterations.
Disturbing existing plant material.
Excavating or digging:

a. invisible fencing

b. sewage lines

c. underground cable/dsl/phone lines

d. irrigation plumbing, heads or wiring

e. any utility not marked by associated utility company

f. existing structures or dwellings

g. landscape lighting

h. subsequent erosion from soil disturbance

Settling of soil and/or sub grade and its effect on any structure.

Additionally, Twin Creeks Landscape Group assumes no liability over items which could be damaged if not removed, clearly marked or protected from the area determined as ‘working area’ prior to any work being performed. It is the customers responsibility to protect, mark or remove items that may be damaged during contracted task.

Acceptance

Electronic Acceptance:

Please review the attached estimate. If you accept the estimate, warranty, & terms and conditions and would like to proceed with the work, please respond with the phrase, “estimate approved,” typed into the subject line of this email. We must have a statement of acceptance on file before we can schedule the work to begin. By responding to this estimate and by typing the phrase, “estimate approved,” into the subject line of the email you declare your acceptance of the estimate, warranty, & terms and conditions and that the proposed prices and specifications are satisfactory and are hereby accepted. You therefore authorize Twin Creeks Landscape Group to do the work as specified.

Written Acceptance: a printable version of these documents will be delivered. The following must be completed and returned prior to starting the project.

I am 18 years of age or older and I am competent to contract in my own name. I have read this document before signing below, and I fully understand the contents, meaning and impact of this document. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.

Property Address:________________________________________________________

Date:____________________________

Name (please print):______________________________________________________

Signature: ______________________________________________________________

Twin Creeks Landscape Group Representative:______________________________________________________ Date:_____________________________