The Hedge Barber shall perform the work described in this quote in a timely manner, using appropriate equipment in proper-working condition and operated by trained personnel. The crew will be supervised, and all work will be checked by a supervisor. Throughout the performance of the work crews will use reasonable caution, but nevertheless The Hedge Barber is not responsible for any damages to lawns, gardens, communication wires, or underground fixtures that were a result of the performance of the work. The Hedge Barber will not be liable for damages to underground fixtures when doing stump grinding and similar services. It is the Customer’s responsibility to obtain locates for stump grinding. If for any reason the Customer is not 100% satisfied with the Work, they have 10 business days after completion to raise these concerns. No complaints will be accepted thereafter. It is the Customer’s responsibility to water and care for any new plants.
II. PROPERTY AND PERMISSIONS
The Customer guarantees that any property including but not limited to trees, land, sheds, garages, houses, gardens, pools, driveways and gazebos upon which the Work is to be performed by the crew, belongs to the Customer and is under their immediate control, or sufficient permission has been granted by the owner of that property. The Customer undertakes to provide free and unrestricted access throughout the property at all times when the crew is scheduled to perform the Work. It is the Customer’s responsibility to secure all the necessary permits and authorizations for the completion of the Work.
III. CONTRACT PRICING
The price provided on the quote will be valid for one month if there has not been any change in the conditions of the premises or any circumstances from the day the quote was rendered. Any site conditions and circumstances that were not known to The Hedge Barber can affect the price of the quote.
IV. TIME AND TIMELINE CHANGE
The Hedge Barber staff shall use reasonable efforts to meet all performance dates, but shall not be liable for delays due to inclement weather or other causes beyond their control. An estimate of the number of days to complete the Work and an expected start date are provided as a courtesy only. Any delay in beginning or completing the Work shall not alter or invalidate any part of this contract, nor will they entitle the Customer to additional rights or remedies.
This agreement can be terminated by either party no later than 7 days before the work commences. The Customer must cancel by mailing written notice to The Hedge Barber no later than 7 days before the Work is scheduled to be done. In the event of the work being canceled by The Hedge Barber, they undertake to assist the Customer in finding another company to perform the rest of the Work under similar prices and quality.
VI. TERMS OF PAYMENT
When The Hedge Barber has determined that the Work is complete, The Hedge Barber will invoice the Customer. The invoice is due upon receipt. If the Customer has provided a credit card number to The Hedge Barber, the Customer authorizes The Hedge Barber to charge unpaid amounts to such credit card when due. Payment of any amount shall not be construed as acceptance by the Customer of defective Work, and the Customer agrees not to withhold any amount invoiced in accordance with this contract for any reason whatsoever. Failure by the Customer to pay any amount within 7 days after the invoice date shall constitute a breach of this contract, and in addition to paying The Hedge Barber all amounts due hereunder, the Customer shall indemnify The Hedge Barber for all costs incurred in collecting such unpaid amounts. The acceptable methods of payment are cheque, cash, e-transfer, debit card, VISA, and MasterCard.
This contract shall be governed by the laws of Ontario. This contract contains the entire understanding of The Hedge Barber and the Customer with respect to the Work and reflects the prior agreements and commitments with respect thereto. There are no other oral understandings, terms, or conditions and neither Party has relied upon any representation, express or implied, not contained in this contract. This contract may only be amended by a written amending agreement signed by both The Hedge Barber and the Customer. No waiver by either party of any breach or provision of this contract will be binding unless made in writing and any such waiver will extend only to the specific breach or provision waived and not to any future breach. Indemnities against, releases from, and limitations and exclusions on liability expressed in this contract will apply even in the case of the fault, negligence, or strict liability of the party indemnified or released or whose liability is limited, and will extend to the benefit of the officers, directors, employees, agents, representatives, subcontractors and affiliates of such parties.7