FAQs

These Terms & Conditions (“Terms”) apply to any work

performed and materials supplied by Hackmann Lawn & Landscape

(“Hackmann”). The written estimate of work provided to you

(“Estimate”) and Terms together constitute the entire agreement

(“Agreement”) between you (“Customer”, “You” or “Yours”) and

Hackmann and shall govern unless expressly modified or excluded in

writing by both parties. The Agreement supersedes all prior or

contemporaneous agreements or understandings between you and Hackmann.

1. Scope of Work. Hackmann shall carry out and complete

the work, and deliver the goods, identified in the Estimate in a

workman like manner in the time and manner described in the

Estimate, subject to these Terms, and shall have no obligation to

execute any additional work unless otherwise agreed in writing

between the parties. The written Estimate, and the description of

the work and drawings contained therein if any, shall control and

govern Hackmann’s delivery of goods and performance of the work.

2. Cooperation of Customer. You shall (i) cooperate with

Hackmann in all matters relating to the performance of work in the

Estimate and provide such access to your premises, and such office

accommodation and other facilities as may reasonably be requested

by Hackmann, for the purposes of performing the work in the

Estimate; (ii) respond promptly to any Hackmann request to provide

direction, information, approvals, authorizations, or decisions that

are reasonably necessary for Hackmann to perform the work in

accordance with the requirements of the Estimate and these Terms;

(iii) and obtain and maintain all necessary licenses, permits and

consents and comply with all applicable laws in relation to the work

before the date on which the work is to start. Hackmann is not

responsible for delays caused by Customer’s failure to cooperate or

for any violations of law, ordinance, covenants, or other

restrictions related to the performance of work occasioned by your

failure to obtain all required authorizations, consents, permits, etc.

in advance of Hackmann performing the work in the Estimate.

3. Estimate. The Estimate provided for lawn maintenance,

landscaping or any other services is valid for 30 days from the time

made by Hackmann. Acceptance of the Estimate expressly

constitutes acceptance of these Terms & Conditions and represents

a binding contract between the parties.

4. Payment. Customer shall pay Hackmann the full amount of

the Estimate, including all taxes and fees as follows:

a. 1/3 deposit down upon signing of the Invoice by the

Customer. This deposit is not refundable if the Estimate includes

anything other than labor services. For avoidance of doubt, if the

Estimate calls for the purchase of plants, trees, etc., then the 1/3

deposit is not refundable.

b. If the project lasts longer than seven days, then 1/3 due

after seven days after project has started.

c. Any remaining balance is due upon completion of the work

described in the Estimate.

d. If you are billed on a monthly basis, payment is due within

30 days of receipt for the previous month’s services unless the

Estimate provides for a different payment deadline. If Customer

fails to make payment within 15 days of the due date, customers

account will become inactive. There is a $50.00 charge to

reactivate the account.

e. Send an Advanced Payment for your annual maintenance

services prior to 3/1 and receive a 5% rebate on 12/31. Any

Advance Payment remaining balance will be refunded on 12/31 or

upon cancellation of services. Rebates will be applied to open

invoices. Any remaining rebate balance will be refunded by

check.*Renewal agreement quantities are estimated. Advance

payment customers will receive account credit for services not rendered, while exceeding services will incur a charge at the end of

the season.

5. Terms for Mowing. The Hackmann shall provide the

mowing terms of this Agreement in the Estimate and shall generally

be for April thru November; services will be performed on a weekly

basis as needed. Upon termination, neither party shall have any

further obligations to the other except for those obligations that

shall survive termination of this Agreement, as set forth below.

6. Customer Representation and Obligations. The Customer

warrants the site is free of underground condition including, without

limitation pipes, cables, stumps, sprinklers, invisible fence, sewage

drains and waste materials except as specifically disclosed to

Hackmann prior to the signing of the Estimate. Where

latent/underground problems exist Hackmann shall be entitled to

charge for additional work/supplies/equipment necessary to

complete the work or may suspend the work until the condition has

been remedied. Customer shall provide Hackmann with access to

any necessary electricity and water.

7. Completion of Work. Hackmann will use commercially

reasonable efforts to complete a project in the time frame

promised. However, Hackmann shall not be liable for any delay in

the completion of the work under the Estimate. Lien waivers will be

provided where Hackmann is a subcontractor after receipt of full

payment. Hackmann shall be entitled to an award of its reasonable

attorneys’ fees and costs if it must pursue Customer for non-

payment of the Estimate in addition to all its damages.

8. Materials On-Site. Materials delivered to site become the

responsibility of the Customer. Hackmann accepts no responsibility

for loss, damage or expense after delivery of materials to site for any

reason. Any material brought to, or removed from the site, that is in

excess to the Hackmann’s requirements under the Estimate remain

the property of Hackmann who shall have the right to enter the site

for the purpose of removing excess materials.

9. Maintenance after Completion. Hackmann is only

obligated to perform the work specified in the Estimate. The proper

maintenance of the site shall be the obligation of the Customer

following completion of the work by Hackmann, unless otherwise

agreed in writing by the parties.

10. Warranties and Exclusions. Hackmann warrants the shrubs

and trees supplied by Hackmann in connection with the Estimate for

a period of one year from the date of the Estimate, provided that

such warranty shall be void if the Customer fails to take reasonable

care of the plants (including, without limitation, watering, spraying,

cultivating, and pruning). Hardscape warranty is good for three

years from the Estimate date for workmanship only, except that

there is no warranty related to settling around new foundation over

digs or utility trenches. This warranty covers a one-time

replacement only. Annuals, perennials, and sod, as well as any

transplanted materials will not be warranted and are sold AS-IS.

Hackmann shall not be liable for any damage or delays caused by

Acts of God (including, without limitation, extreme cold or draught,

flooding, storms, rain, etc.). Hackmann’s sole responsibility under

this warranty in Section 10 shall be, at its discretion, to repair or

replace or to issue a refund for the shrub, tree or work affected. THE

WARRANTY SET FORTH IN THIS SECTION 10 IS STRICTLY LIMITED TO

ITS TERMS AND IS (TO THE EXTENT PERMITTED BY LAW) IN LIEU OF

ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED,

ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF

TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE. Failure to timely pay the amounts owed under the

Estimate shall void any warranty hereunder. Hackmann is not

responsible for any damage to concrete or asphalt surfaces from

skid loaders, trucks or other traffic or equipment.

Terms and Conditions Hackmann Lawn & Landscape

11. Damages. Under no circumstances shall Hackmann be

liable for any special, incidental, or consequential damages. Both

Parties expressly waive their right to a jury trial related to the work

performed under the Agreement or any claim arising under the Agreement.