Terms – Absolute Landscaping

Licensed by the Louisiana Department of Agriculture and Forestry:

Horticulturist and landscape contractor #4078

Commercial pesticide applicator #164528

Irrigation contractor #0431

Arborist license #2071

Backflow prevention assembly testing and install licensed by the State Plumbing Board of Louisiana License # LLI32

By agreeing and digitally signing any estimates provided by Absolute, the client agrees to Absolute’s terms and conditions detailed in part in the estimate(s) and in the additional terms below.

Estimates

Estimates are considered valid for a period of 14 days. Under certain circumstances, at the discretion of Absolute, estimates may be considered valid beyond 14 days.

Worksite

Before accepting an estimate, the client is responsible for ensuring that the worksite is ready for the contracted work to begin.

Any materials provided by the client must be on site prior to acceptance.

Estimates that are contingent on the completion of other projects carried out by the client or a third party must be completed prior to acceptance. This includes all service, construction, or other outside factors that may interfere with Absolute’s ability to perform contracted work.

If the contract includes work on another person’s property, such as a neighbor or landlord, the client agrees to provide written consent from the property owner (or other involved parties, if applicable) before accepting any estimates. The client agrees to have the consent available at Absolute’s request.

The client agrees to secure or remove any unsecured cables, wires, lines, fence posts, grounding rods, cypress knees, tree stumps, lights, or other objects in the lawn, garden beds, or surrounding areas that may be hazardous and result in damage to the client’s property or Absolute’s equipment. If the client is unable to remove and/or secure any of these or similar items, the client must notify Absolute. In some cases, for an additional fee, Absolute may assist with these items prior to starting the contracted work. Holiday decorations such as, inflatables, lights, extension cords must be removed prior to your target day of the week for the safety of our crews, equipment, and your decorations.

If wasp nests, fire ants or other pests are encountered and need to be eradicated in order to safely complete the contract, a surcharge will apply. If bees are encountered, Absolute will notify the client. Upon request, Absolute may provide information regarding safely and professionally relocating a beehive. Work may be postponed and/or canceled for safety reasons. If the client is aware of any wasps, bees, or pests on the property, the client agrees to notify Absolute prior to accepting any estimates.

If poison ivy or other toxic plants are encountered on the property, and need to be removed in order to safely complete the contract/property visit, a surcharge will apply. Clients should inform Absolute of any poison ivy or other toxic plants on the property. An estimate for removing toxic plants can be provided at the client’s request.

If an estimate is accepted prior to the work site being ready for the contracted work to begin and/or client provided materials are available, the contract may be cancelled and cancellation fees and/or additional fees may apply.

Gates, Locks and Property Access

The client is responsible for ensuring Absolute has safe and proper access to the property where work will be performed prior to accepting any estimates.

The client agrees to provide Absolute with a key for any access gates that will be locked or can be locked. The key must be received by Absolute prior to acceptance of any estimates.

Lawn and Garden Bed Maintenance

Once a key is received, Absolute will place a key box on the property with a confidential code. Absolute will NOT provide the client access to the key box or key box code. Upon termination of the service by the client or Absolute, the client gives Absolute permission to retrieve the key box from the client’s property and return the key.

Upon acceptance of the estimate, monthly billing will begin regardless of whether the client has supplied Absolute with a key. If a gate is locked on a service visit, Absolute will service what is accessible and no discounts or price adjustments will be made. A surcharge will apply if the following visit takes longer than the allotted time.

The client agrees to ensure that gates that lock on the inside remain unlocked or have a lock installed on the exterior.

All serviceable areas must have a clean and clear route through which Absolute crew members can wheel a heavy lawn mower or other equipment. Gutters, pipes, trash cans, bikes, debris or anything else must be removed so Absolute can quickly and efficiently access all areas of the property. Absolute is not responsible for damage to gutter downspouts that occur as a result of transporting equipment to service areas.

All cars should be removed for ease of access before the target service day. If Absolute does not service the client on the target service day, the client will ensure vehicles are moved on the next day. Sometimes, vehicles and other items will need to be moved two or three days after the target day depending on holidays, schedule changes and weather. Absolute is not responsible for damage to these areas or vehicles.

Absolute’s crew members will not walk through a client’s house or another person’s property to access any portion of the service area.

Except for lawn and garden maintenance, a surcharge of $100 will apply if Absolute arrives at the client’s property and cannot access the worksite or begin work for any reason.

Failure to provide safe and proper access to the property may ultimately result in the cancellation of the contract and cancellation fees will apply.

Payment

The client is required to keep a credit card on file for payment. Credit cards are to be put on file by contacting the Absolute office staff upon acceptance of any contract.

For recurring services, the client agrees to keep a valid credit card on file with Absolute for automatic payments in accordance with the payment schedule detailed in the accepted estimate.

It is the client’s responsibility to contact the Absolute office staff to update the credit card on file in the event that the information changes or expires.

All other contracts totaling less than $250.00 are due in full upon acceptance. A deposit of 50% and arrangements for the final payment are both required upon acceptance of contracts above $250.00. Final payments are due upon completion of the contract or before the office closes on the day the work is performed. Payment must be received before the crew leaves the client’s property. If the client is present to make payment in person before Absolute crewmembers leave the site cash or check payment may be accepted and the credit card on file will not be charged.

Additions to the scope of work will not hinder the payment of original contracts upon completion.

In the event that supplies and/or parts are on backorder, Absolute will finish the installation completely except for any sections that are awaiting parts. Final payment will still be due. We will install the delayed products as soon as they arrive. This will not affect the labor charge.

Late fees will be incurred on all contracts not paid in accordance with the terms of the contract. Late fees are calculated at 10% of the cost of the contract per day, or $10 per day, whichever is greater, until the client has paid in full.

W9 & Certificates of Insurance

Upon request a W9 and certificate of insurance can be provided to the client once an estimate is accepted. Requests to be listed as “Additional Insured” must be approved by Absolute and will incur a minimum fee of $150.

Schedule

Absolute operates in the field 7 days a week from dawn to dusk. We are unable to accommodate requests to provide service on a specific day, at a specific time of day or after/before a specific hour of the day.

Once an estimate is accepted, the contract is put into a queue. Absolute will do its best to give an estimated start time, but this is only an estimate based on the current workflow. If Absolute’s schedule allows, Absolute will start the contract immediately upon acceptance. During our peak season (i.e. spring and summer) we may be booked 5-6 weeks out.

Except in special circumstances, Absolute will notify the client by email or text before beginning the contracted work prior to or upon arrival.

If the client cancels or delays the contracted work, a surcharge will apply.

Materials on Site

Materials are considered the responsibility of the client once delivered. The company accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.

If the client supplies materials and/or measurements for a project, the client will be responsible for ensuring accurate measurements and supplies. When the terms of the contract have been satisfied the final payment is due regardless of additional materials needed or adjustments made due to miscalculation. Any additional materials required will result in a separate contract. This includes all pavers, plants, mulch, and any other materials provided by the client.

Pets

Pets should also be secured while Absolute is on site. It is the responsibility of the client to check and secure any gates before letting pets back into the yard after Absolute has been on site.

While our policy is not to service any properties with aggressive dogs, ultimately the decision to service a property relies solely with our workers. Should a dog bite or attack any of our workers, the pet owner and/or homeowner will be held responsible.

The client is responsible for removal of any pet waste from the property prior to Absolute’s arrival. Unless Absolute is contracted to clean up pet waste, at an additional cost to the client, the waste will be picked up, properly disposed of and a minimum surcharge of $10.00 will apply.

Animal urine and waste is very toxic to plants and grasses, which can kill or damage plants and grasses. Animal waste in garden beds and/or in the lawn voids any guarantee.

Mulch:

Clients with garden bed maintenance are required to have regularly mulched beds to decelerate weed growth, retain moisture and more. If applicable, garden bed maintenance estimates will include a cost for an initial mulching. Future mulchings will be completed as needed by Absolute’s crews to ensure properly maintained beds. Clients should inform Absolute if they intend to mulch the beds and/or provide mulch. Any time the beds are not mulched, Absolute will make the decision to mulch regardless if the client is notified. All mulch labor and materials will be invoiced in addition to the garden bed maintenance contract and billed to the client’s onfile method of payment.

Mulch type is subject to change due to availability. Pricing is listed under the mulch item of the estimate.

Debris and Leaves

Absolute will not leave debris on the client’s property, in the client’s trash bins, or on the curb. All debris will be removed and disposed of by Absolute except under special circumstances approved by Absolute.

Garden Bed Maintenance

Absolute will remove light debris and minor leaves during garden bed maintenance services within reason. Extensive debris and leaf removal will incur a surcharge and may affect the cost of future visits.

Guarantee

Absolute Lawn Care is committed to providing exceptional service. Absolute takes client satisfaction seriously and always aims to resolve any issues that arise in a timely and professional manner. In the event that a client is dissatisfied, Absolute will work diligently to correct any issues in order to achieve 100% satisfaction. The client agrees to notify the company within 24 hours if dissatisfied with any part of the completed contract.

Absolute may guarantee plants that the company obtains and installs. The guarantee only applies if an irrigation system is also installed by the company in beds and lawns with proper drainage. At the discretion of the company, any acts of God or acts that are out of the control of the company voids the guarantee. Any spiders, insects or micro bugs, (Scale, aphids, mites, etc.) that are or have damaged the plants void any guarantee. Neglect of the plants or neglect to notify Absolute Lawn Care LA LLC that the plants are not healthy also voids the guarantee. It is the responsibility of the client to notify us if any plants are in decline.

Absolute may guarantee lighting that the company installs from start to finish including final testing for a period of up to three months. Any acts of God or acts that are out of the control of the company void the guarantee. Neglect of the lighting or neglect to notify the company that it is malfunctioning also voids the guarantee.

Absolute may guarantee irrigation that the company has installed starting at the backflow preventer and ending with the nozzles. This guarantee lasts for the period of one year from the initial installation of the product. If at any time another company or person works on the irrigation, all guarantees and warranties are void. Misuse and damage to the irrigation system is not covered by the company’s warranty ( ie. someone digging in yard, tiller, etc. ). The company will only guarantee materials that are purchased by the company. Due to the high maintenance requirements, we may install, but will not guarantee Micro or Drip irrigation. In the event that the company is requested to service an irrigation system that was installed by the company, it will diagnose the issue. If it is a warranty issue, the company will pay for the diagnostic, if it is not, the client will be billed at our hourly rate. Any excessive water thought to be caused by a leaking irrigation system must be brought to Absolute’s attention immediately. All water bills are the responsibility of the client, regardless of warranty and/or guarantee.

Guarantees do not start and are void until final payments are collected. Any returned checks or payments will void all guarantees.

Animal waste in garden beds and/or in the lawn voids any guarantee.

Complaints can be filed directly with Absolute. Any complaints regarding landscape irrigation installation should be directed to the Louisiana Horticulture Commission (225) 952-8100.

If a dissatisfied client does not give our crew members the opportunity to correct mistakes, issues, unfinished work, etc., the client will be held responsible for full payment of the contract. If Absolute isn’t given permission to return to the property, the client agrees that the contract is complete and the balance will be paid in full with the client’s on-file method of payment. In the event that the client refuses to make payment in full, collection proceedings will be initiated.

Incidental Damage and Liability

Absolute is not responsible for any incidental damage that occurs during installations, repairs, or service visits. Incidental damage may include, but is not limited to water damage, costs associated with water leaks, flooding, damage to structures due to broken or leaking pipes, damage to pool piping or pool equipment, damage to underground pipes, wires, gutters, lighting, irrigation. Absolute is not responsible for any damage to lawn furniture, grills, or other items that may need to be moved in order for work to be completed, including during regular maintenance.

Absolute is not responsible for any normal wear and tear due to regular use of edgers or weed eaters near structures on the property i.e. fence, house, garage, mailbox, lattice and much more.

If a material or structure on the client’s property is weak and can not hold up to regular lawn service requirements, it is the client’s responsibility to repair, replace, or secure the material or structure.

If an unsecured wire or line is damaged, the homeowner and/or company that installed the line shall be held liable for not properly securing the line. Absolute will be held liable for damage caused by weed eaters or mowers to cables, wires, or lines that are properly secured. Prior to making repairs, the client must notify Absolute of damage that may have been caused by lawn and garden maintenance equipment during maintenance service.

Absolute takes the utmost care in minimizing disturbances to the lawn and other surfaces when performing tree services. However due to the nature of the work and necessary equipment, incidental damages may occur. Absolute is not liable for any damage to landscaping, sod, plant material, or other surfaces that may occur due to the use of equipment, vehicles, or other causes. Examples: Tire marks in lawn, debris falling on flower beds, disruption to garden beds surrounding tree, etc. If sod or other materials are needed to repair the area near and/or around the tree, there may be an additional cost if not included in the contract. Absolute is not liable for any incidental damage to landscaping, sod, plant material, or other surfaces (concrete, patios, brickwork, etc) that may occur due to the use of heavy equipment such as a bobcat, mini-excavator, skid-steer, lift, trucks, trailers, mowers, etc. If you do not feel your property can withstand the use of heavy equipment, please contact your salesperson prior to accepting your estimate(s).

If Absolute encounters a root system, buried sidewalk, driveway, concrete, or other unknown variable that needs to be cut through, trenched around, or otherwise avoided, a surcharge for additional labor and/or tools will be applied to the contract.

Due to the difficulty distinguishing between wildflowers and weeds, Absolute will not maintain garden beds or other areas with wildflowers. It is the client’s responsibility to inform Absolute of any garden beds or sections of the property where wildflowers are growing.

If damage to glass, such as windows, storm doors or windshields is noticed or occurs during a service, Absolute will notify the client immediately. If Absolute is at fault, Absolute will pay to repair the broken glass. It is the client’s responsibility to take whatever precautions are necessary to protect and secure the client’s property in the event of damage. Absolute will not be held responsible for any incidental interior or mechanical damage due to exposure to the elements or any other property damage other than the repair of the glass itself.

In order to maintain a straight line at the edge of a turf area, Absolute crewmembers may need to cut slightly farther into the grass. This is in an effort to maintain the straightest edge possible, but it can occasionally mean that trenches develop at the edges of turf areas. This is a common issue for maintenance companies and homeowners. It’s the responsibility of the client to inform Absolute if the client notices this issue. Edging can be temporarily discontinued to allow grass to fill back in at the client’s request. Sod pieces can be laid at an additional cost to accelerate the process, but this service is not included in regular maintenance. Any plants damaged by a weed eater are not the responsibility of Absolute.

Absolute is not responsible for damage to gutter downspouts that occur as a result of transporting equipment to service areas.

Cancellation, Surcharges, Late Fees and Administrative Fees

A cancellation fee will apply for early termination of any contract. The fee is either 50% of the contracted amount or the cost of the materials, whichever is greater. All deposits are non-refundable.

If Absolute Lawn Care engages in litigation to obtain any payments, and/or enforce any part of the agreement between Absolute Lawn Care and its customer, the customer shall reimburse Absolute Lawn Care, for reasonable legal fees and/ or cost, and reasonable attorneys fees.

Fees may be waived at the sole discretion of Absolute.

Lawn and Garden Bed Maintenance

The cancellation for lawn and garden bed maintenance contracts is 50% of the remainder of the contract.

Lawn and garden bed maintenance contracts may be terminated without a cancellation fee only in the event that the client sells their home and the sale can be confirmed on the MLS website.

A 3.5% increase each year in the month of April will apply if you have been a client for over 12 months.

Returned checks or returned items will incur a $25.00 charge.

Disputed charge claims will incur a $25.00 returned item fee, 10% late fee, a $225.00 administrative fee, and attorney and/or court costs incurred by Absolute to resolve the dispute. .

A 4% convenience charge may apply to credit card payments.

Fees may be waived at the sole discretion of Absolute.

Right to Refuse Service

Absolute reserves the right to refuse service to anyone. Contracts may be terminated for a number of reasons, including, but not limited to abusive language or abusive behavior toward Absolute staff. Soliciting/paying Absolute staff to do additional work (i.e. sidework, work for tips, etc.) outside of the contract will result in immediate termination of the contract and cancellation fees will apply. Any requests for additional work must be requested and approved with the Absolute office.

Complaints can be directed to our office or through the Louisiana Department of Agriculture.

Absolute Lawn Care LA LLC reserves the right to change the above terms from time to time as it sees fit and your continued use of Absolute Lawn Care LA LLC DBA Absolute Landscaping website/invoicing software and/or services will signify your acceptance of any adjustment to these terms.