1. Scope of Work
Xeris Landscaping (“Contractor”) agrees to perform landscape design, installation, maintenance, and related services (“Services”) for the Client, as detailed in the written estimate, proposal, or service agreement. Any changes to the original scope must be agreed upon in writing and may affect the total cost and timeline.
2. Estimates and Pricing
All pricing provided is based on the current understanding of the site and scope of work. Estimates are valid for 30 days unless otherwise specified. Final invoices may vary if changes to the scope are requested by the Client, if certain plants or materials are unavailable and alternatives are proposed and accepted, or if site conditions differ from those visible or disclosed at the time of estimate.
3. Payment Terms
- A deposit of 30–50% (as noted in the proposal) is required prior to the commencement of work.
- The remaining balance is due upon completion unless otherwise agreed in writing.
- Overdue payments are subject to a 1.5% monthly finance charge (18% annually).
- If payment is not received within 30 days of invoice, the Contractor reserves the right to halt ongoing services and seek legal remedies including liens where applicable.
4. Site Access and Conditions
Client shall ensure reasonable access to the property during working hours and will remove or secure pets, vehicles, or other obstructions. The Contractor is not responsible for damage to underground utilities or irrigation systems not clearly marked or disclosed in advance. Client must disclose known site hazards.
5. Materials and Plant Substitutions
Due to seasonal availability or supplier issues, some plants or materials may be substituted with a comparable alternative of equal or greater value, unless the Client has expressly stated otherwise in writing.
6. Delays and Weather
The Contractor shall not be liable for delays due to weather, supply chain disruptions, labor issues, or other events beyond its control. In such cases, the Contractor will provide updated timelines in good faith.
7. Guarantees and Warranties
- Hardscape Warranty: Installed hardscape elements (patios, paths, walls) are warranted for 12 months against installation defects, excluding cracking due to natural ground movement, poor soil conditions, or misuse.
- Plant Warranty: Trees and shrubs installed by Xeris Landscaping are warranted for 90 days from installation, provided proper watering and care instructions are followed and can be demonstrated. Perennials and grasses are not warranted. Replacement is limited to one time only and does not cover acts of nature, pest damage, neglect, or improper maintenance.
- Irrigation Systems: Drip and irrigation systems are warranted for 12 months from installation, excluding user error or modifications by other parties.
8. Maintenance and Responsibility
Once installation is complete, the Client is responsible for all regular maintenance (watering, pruning, weeding, etc.) unless a separate maintenance agreement is signed. Failure to maintain the landscape may void applicable warranties.
9. Clean-Up and Waste Removal
The Contractor will perform reasonable site clean-up upon project completion. Removal of large quantities of debris (such as concrete or root balls) not included in the original scope may incur additional charges.
10. Insurance and Liability
Xeris Landscaping maintains liability insurance and workers’ compensation coverage in accordance with Colorado law. The Contractor is not responsible for incidental damage to lawns, driveways, or other surfaces due to necessary equipment access unless due to gross negligence.
11. Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the matter through good-faith negotiation. If unresolved, disputes shall be submitted to mediation in Denver County prior to any legal proceedings. Colorado law governs this agreement.
12. Acceptance of Terms
By approving the proposal or estimate and/or allowing work to commence, the Client acknowledges and agrees to the above terms and conditions.