Terms & Conditions Agreement

These Terms & Conditions apply to any work performed and materials supplied by Lynch Landscape & Tree Service, Inc. (“Contractor”) and are incorporated into the estimate/invoice (“Invoice”) provided to you (“Customer”) and shall govern unless expressly modified or excluded in writing by both parties.
1. Scope of Work. The Contractor shall carry out and complete landscape work described in the estimate in a workman like manner and shall have no obligation to execute any additional work unless otherwise agreed verbally or in writing. Additional work will be estimated if requested in writing, otherwise will be invoiced at time and materials.
2. Permits. The Customer is responsible for obtaining any necessary permits or consents required for any work to be performed by Contractor under the project and estimate (both governmental and private). Customer represents and warrants to Contractor that all permits and consents have been obtained prior to the scheduled commencement of any work and that the work contained in the Invoice is permitted by all applicable laws.
3. Payment. Customer shall pay the Contractor the full amount of the Invoice, including all taxes and fees per the agreed upon payment schedule, with the balance due upon completion of the work described in the Invoice. If Customer fails to make full payment within 10 days of final invoice, the past due balance shall accrue interest at a 1.5% monthly fee. Customer responsible for all costs associated with payment collection.
4. Customer Representation and Obligations. The Customer warrants the site is free of underground condition including, without limitation pipes, cables, stumps, sprinklers, irrigation, invisible fence, sewage drains and waste materials except as specifically disclosed to Contractor and discovered by Dig Safe prior to the signing of the Estimate. Where latent/underground problems exist, the Contractor shall be entitled to charge for additional work/labor/supplies/equipment necessary to complete the work or may suspend the work until the condition has been remedied. Customer shall provide Contractor with electricity and water.
5. Completion. The Contractor will use commercially reasonable efforts to complete a project in the time frame promised. However, Contractor shall not be liable for any delay in the completion of the work under the estimate if unexpected weather, conditions, etc. arise.
6. Materials On-Site. Materials delivered to site become the responsibility of the Customer. The Contractor 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 are in excess to the Contractor’s requirements under the Invoice remain the property of and be removable by the Contractor who shall have the right to enter the site for that purpose.
7. Warranties and Exclusions. See attached plant, lawn, hardscape & appliance warranty pages.

Hardscape Construction Warranty

Warranty includes:
1. All materials are guaranteed under the manufacturer’s warranty, excluding natural stone materials. (Labor not included for defective materials)
2. Workmanship is guaranteed for 2 years from the date of invoice for the installation by Lynch Landscape for all paver and wall block projects. Workmanship repairs covered under warranty come at no labor or material cost to customer.
3. In addition to our 2-year workmanship guarantee, projects consisting of 100% Unilock hardscaping materials are covered by Unilock’s Peace of Mind Guarantee. In the event of a valid claim against workmanship, Lynch Landscape as a Unilock Authorized Contractor is required to meet the cost of rectification. Unilock Authorized Contractors who refuse to repair faulty workmanship within their warranty period will lose their Authorized status. Should a Unilock Authorized Contractor be unable or refuse to fulfill their warranty obligations, Unilock will step in and repair major structural failures* of projects due to workmanship where Unilock product was installed residentially, for a period of two years from the date of installation. Unilock only guarantees projects that are 100% Unilock product. Minor settling or aesthetic imperfections are excluded from the Unilock Authorized Contractor Workmanship Guarantee. Issues which arise due to unknown soil or groundwater conditions beneath the prepared base, are excluded from this warranty

Warranty does NOT include:
1. Warranty does not cover polymeric sand joints or perma-edge for paver restraint.
2. Warranty does not cover any workmanship or materials provided by anyone other than Lynch Landscape. Warranty is void if alterations or changes are made by anyone else.
 3. Warranty does not cover settlement that results from the placement or compaction of soil by another contractor.
4. Warranty does not cover hardscapes damaged by abnormal weather conditions such as floods, excessive wind, drought, severe freezing, abnormal rain, underground springs or natural settling.
5. Warranty does not cover hardscapes damage due to vandalism, use of winter salt or snow/ice accelerator products, animals, fire, tree falls, mechanical/vehicular damage, removal or relocation, efflorescence**, or stains.
6. Exact color matches are not guaranteed.
7. Warranty is not transferrable. Warranty terminates if original customer sells or no longer owns the project that was completed by Lynch Landscape.
8. There is no warranty on past-due accounts or jobs that are not paid in full.
9. Warranty is void if new excavation, digging, or soil removal creates the questioned defect.
10. Warranty does not cover the following natural stone features:
a. Color and Veining: Stone is composed of natural materials and is subject to variations in background color, veining distribution and veining pattern. The color, shade, veining, color concentrations (blotches), and any other variances in the appearance of natural stone will exist and will vary between a sample you may have used in the selection process and the actual stone(s) used on your project, between two stones, and even within the same stone. Such naturally occurring variations are to be expected in stone and are not considered defects.
b. Fissures: Stone may have a seam that is not visible at the time of sale or installation causing the stone to open or crack.
c. Finish: Your stone product may come with a finish, such as Sawn, Thermal Flamed, Honed, Polished, Natural Cleft, Bush Hammered or Sandblasted. Edges may also be Rock Faced, Split or Sawn. Irregularities in the finish levels of natural materials like stone are common, reflecting the unique natural patterns and finish that give each stone product its distinctive appearance. Finish will vary from piece to piece and on the same piece.
d. Surface Irregularities and Thickness: Natural stone is composed of minerals and is earth-formed over hundreds of millions of years. Fissures, pitting, mineral pooling, and other naturally occurring features in stone should not be considered as defects, and are not covered under this warranty. The thickness of stone slabs varies, therefore thickness designations (i.e., 4 inches) are nominal rather than exact. Dimensions of cut-to-size stone products may vary up to 1/8 inch from the nominal dimension.
e. Weathering: Stone may change color as it ages; this can happen right away or take years to occur. Stone could change color due to exposure to the elements. Stone may have minerals in it that cause rust or staining to appear. Stone can be affected by ice melt, minerals or chemicals in rain, tap water, pool water or groundwater. Permanent stains can occur. Using acid or harsh chemicals will also affect the color or integrity of natural stone. Use of Polymeric Sand in joints between stones can cause water retention leading to spalling.
* Manufacturer does not cover cost of labor or shipping. If it is deemed the area is affected by negligence or intentional misconduct of the owner, repair or replacement will be at expense of the owner including all materials and labor. Replacements and/or repairs under this warranty shall not carry a new warranty, but shall only carry the unexpired portion of the original warranty provided.
** Efflorescence is a naturally occurring process in all concrete products that sometimes appears in the form of a white powdery film on the pavement surface. It does not compromise in any way the structural integrity or functionality of the product. Efflorescence cannot be prevented but will wash off over time or can be treated and cleaned with an efflorescence cleaner.

Appliance & Lighting Warranty
Warranty includes:
1. All appliances and light fixtures are guaranteed under the manufacturer’s warranty. (Labor not included for defective appliances or light fixtures)
2. Workmanship is guaranteed for 2 years from the date of invoice for the installation by Lynch Landscape for all outdoor kitchen, firepit, fireplace and lighting projects. Workmanship repairs covered under warranty come at no labor or material cost to customer.

Warranty does NOT include:
1. Warranty does not cover any workmanship or materials provided by anyone other than Lynch Landscape. Warranty is void if alterations or changes are made by anyone else.
2. Warranty does not cover freight or labor.
3. Warranty does not cover bulbs. LED lamps or timers/Bluetooth control devices.
4. Warranty does not cover damage to low-voltage lighting wire, underground gas or propane lines, line-voltage electrical lines or any connections caused by others.
5. Warranty does not cover damage to fire pit or fireplace burners not properly covered between each use.
6. Warranty does not cover damage to masonry, furniture etc. due to excessive flame size and/or unsafe use of fire pit or fireplace burners.
4. Warranty does not cover hardscapes damaged by abnormal weather conditions such as floods, excessive wind, drought, severe freezing, abnormal rain, underground springs or natural settling.
5. Warranty does not cover appliances or lights damaged due to vandalism, use of winter salt or snow/ice accelerator products, animals, fire, tree falls, mechanical/vehicular damage, removal or relocation, or stains.
6. Exact appliance and/or finishes not guaranteed.
7. Warranty is not transferrable. Warranty terminates if original customer sells or no longer owns the project that was completed by Lynch Landscape.
8. There is no warranty on past-due accounts or jobs that are not paid in full.
* Manufacturer does not cover cost of labor or shipping. If it is deemed the area is affected by negligence or intentional misconduct of the owner, repair or replacement will be at expense of the owner including all materials and labor. Replacements and/or repairs under this warranty shall not carry a new warranty, but shall only carry the unexpired portion of the original warranty provided.

Tree & Shrub Warranty
1. Trees and shrubs will be warrantied for 1 year from the date of installation.
a. All plantings must be covered by an underground irrigation system installed and maintained by Lynch Landscape or new plantings must be hand watered by Lynch Landscape.
b. Customer must contract with Lynch for the following irrigation services:
i. Spring start & adjust
ii. Mid-season audit
iii. Fall closing
iv. All repair work must be completed by Lynch Landscape
c. Irrigation controller settings are to be updated by a Lynch representative only. Any changes to the controller by the owner/property manager or anyone else will void the warranty.
d. Customer must subscribe to Lynch plant health care services including but not limited to:
i. Integrated Pest Management program
ii. Anti-Desiccant program for broadleaf evergreens
iii. Fertilizer program
e. Customer must report any plant concerns to Lynch Landscape in a timely manner so that corrective actions can be taken. Failure to report concerns at the first sign of a problem will void the warranty.

Warranty does not include:
1. Plants killed or damaged by animals, pests, insect infestation, disease(s), salt/calcium (near roads and walkways), abnormal and extreme weather conditions (lower than normal temperatures in the winter, high winds, flooding, drought conditions, etc.), or other conditions beyond our control, nor will we replace plants experiencing "seasonal die-back", when pruning and proper care will restore them to health.
2. Annuals, perennials, sod, seed, hydroseed or ornamental grasses.
3. Plants that are not hardy to our local climate zone and/or have been requested by the homeowner.

4. Any plants provided by the homeowner.
   5. Transplanted material.
   6. Plants damaged or killed by pedestrian or vehicular traffic.
   7. Plants damaged or killed by snow removal activities.
5. Plants that skip bloom cycles.

Note: If Lynch Landscape does not install/maintain your irrigation system or you do not have an irrigation system, the warranty period is 90 days from the date of installation and all conditions above apply.