Terms Of Service
This Agreement is made and entered into as of __________ (the "Effective Date") by and between Stone Creek Landscape Construction, LLC (hereinafter referred to as "Contractor"), licensed under NJ Contractors License #13VH12025300, and NJ DOT #3871911, and [Customer] (hereinafter referred to as "Customer"). Contractor and Customer are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, Contractor is fully skilled in the performance of the services described herein (the "Contract Duties") and is duly licensed and registered with the State of New Jersey; and
WHEREAS, Customer desires to secure Contractor’s services for work to be performed on the property described by Customer (the "Property");
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
1. Term of Agreement
This Agreement (the "Term") shall commence on or about __________ and continue until __________, subject to delays caused by weather or other conditions beyond the control of either Party. Customer agrees to accept reasonable adjustments to the start and end dates unless otherwise stated in writing.
2. Contract Duties
2.1 Services. During the Term, Contractor shall promptly and diligently perform the Contract Duties described in Schedule A (which is hereby incorporated by reference).
2.2 Additional Services. Customer may request services or materials not specified in Schedule A ("Additional Services"). Such requests must be authorized in writing by Customer. Services rendered without written authorization shall be deemed part of the original Contract Duties and billed accordingly.
3. Compensation
Customer shall pay Contractor as set forth in Schedule B. Payment is due within 30 days of invoice issuance. Late payments shall accrue interest at a rate of 4% per month. In the event Contractor must initiate legal action to collect unpaid sums, Customer agrees to reimburse Contractor for all related costs, including reasonable attorney fees.
4. Standards of Performance
4.1 Industry Standards. Contractor will perform the Contract Duties in accordance with current industry standards applicable to similar work.
4.2 Quality Assurance. All work shall be completed in a safe, workmanlike manner using quality materials that meet or exceed the specifications outlined in this Agreement and Schedule A, free from defects in both materials and workmanship.
4.3 Manufacturer Warranties. Should any goods or materials supplied by Contractor be warranted by the manufacturer, Contractor will transfer such warranties to Customer, subject to the manufacturer's terms.
4.4 Licenses and Permits. Contractor shall obtain and maintain, at its own expense, all necessary licenses, permits, certificates, and authorizations required for its operations in New Jersey.
4.5 On-Site Supervision. Upon Customer’s request, a qualified on-site supervisor will be provided by Contractor to oversee the work.
4.6 Clean-Up. Contractor shall keep the Property free of debris and waste resulting from the performance of the Contract Duties.
4.7 Remedy of Damage. Contractor shall promptly repair any damage to the Property caused by its operations, provided that Customer gives prompt written notice of such damage.
5. Compliance
Both Parties agree to comply with all applicable federal, state, and local laws and regulations in performing their obligations under this Agreement.
6. Insurance
Throughout the Term, Contractor shall maintain insurance coverage as detailed in Schedule C, at its sole cost.
7. Early Termination
7.1 Termination for Cause. Either Party may terminate this Agreement by written notice if the other Party materially breaches any term of this Agreement and fails to cure such breach within a reasonable period as specified in the notice.
7.2 Termination Upon Notice. Either Party may terminate this Agreement without cause upon no less than 30 days’ written notice. Contractor shall receive compensation for all services performed up to the effective date of termination.
7.3 Termination Upon Sale of Property. This Agreement shall automatically terminate upon the sale of the Property by Customer, effective as of the closing date. Customer must promptly notify Contractor of any such sale.
8. Assignment and Subcontracting
This Agreement may not be assigned by either Party without prior written consent from the other Party. Any unauthorized assignment shall be null and void.
9. Notices
All notices required under this Agreement shall be in writing and delivered via certified mail (with return receipt requested), reputable overnight courier, or email (with confirmation of receipt) to the addresses set forth below or such other address as either Party may designate in writing.
10. Miscellaneous
10.1 Choice of Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. The Parties agree to submit exclusively to the jurisdiction of the New Jersey state courts located in Hunterdon County for any disputes arising out of this Agreement.
10.2 Headings. Section headings are for reference only and do not affect the interpretation of this Agreement.
10.3 Waiver. No waiver of any provision of this Agreement shall be valid unless in writing. The failure of either Party to enforce any right shall not constitute a waiver of future enforcement of that or any other right.
10.4 Modification or Amendment. Any amendment, change, or modification to this Agreement must be in writing and signed by both Parties (a "Change Order").
10.5 Entire Agreement. This Agreement, together with all schedules and any Change Orders, constitutes the entire understanding between the Parties and supersedes all prior agreements or understandings.
10.6 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.7 Force Majeure. Neither Party shall be liable for any delay or failure in performance caused by events beyond its reasonable control (a "Force Majeure Event"). In the event of such an occurrence, the affected Party shall promptly notify the other Party. Notwithstanding a Force Majeure Event, Customer remains responsible for payment of services rendered prior to the event.
10.8 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. Facsimile or electronic signatures shall have the same legal effect as original signatures.
11. Additional Terms & Conditions
The following additional terms may not apply to every Customer but are included for completeness:
The pricing in Schedule B is valid for 30 days from the date of this Agreement. If not executed within this period, Contractor reserves the right to update the pricing in a new Schedule B.
Schedule B does not include any applicable taxes, which will be listed separately on invoices.
Contractor’s personnel will conduct themselves professionally and wear company uniforms for clear identification.
Costs for materials, labor, or equipment required to restore areas damaged by unusual weather conditions are not included here and will be addressed under section 4.7.
Contractor is not responsible for delays caused by obstructions (e.g., parked vehicles). If a return visit is required, additional charges as set forth in Schedule B will apply.
Any modifications to the landscape that result in increased maintenance (such as additional turf, mulch beds, or irrigation systems) will incur supplemental fees, documented via a Change Order.
Contractor is not liable for underground utilities that are not properly installed or buried as mandated by NJ One Call.
Seed germination is not guaranteed due to variable weather conditions. Customer is encouraged to be present during seeding to verify installation methods.
Contractor does not warrant against efflorescence on concrete products.
Any unforeseen conditions, including unstable soil, buried utilities, or rock, are not included in this Agreement. Additional work required due to such conditions will be handled via a Change Order and billed accordingly.
Contractor is not responsible for minor depressions or cracks on driveways, sidewalks, or other paved surfaces beyond reasonable commercial measures.
Pricing assumes no conflicts with underground utilities.
All work shall be performed in a workmanlike manner per industry standards. Any deviations incurring extra costs will require a written Change Order.
Plantings and subsequent growth are not warranted due to numerous environmental variables.
Customer must notify Contractor in writing of any existing wires, sprinkler systems, fences, or other obstacles prior to work. Failure to do so releases Contractor from liability for related damages.
LAWN CARE EXEMPTIONS
Lawn maintenance is subject to environmental factors and requires ongoing care for optimal health.
A soil test is recommended to determine necessary amendments.
If mowing is performed by the Customer, it should be kept at 3 inches or higher to avoid weed growth and turf damage.
The first treatment of the season is typically applied between March and mid-April; late sign-ups may require additional measures due to established weed growth.
Fungicide treatments for turf diseases may incur extra charges if required.
Fall core aeration and over-seeding are recommended to reduce soil compaction and promote healthy turf.
WATERING INSTRUCTIONS (GRASS)
To establish a new lawn (seeded or sodded), water once daily for the first four weeks in the early morning or late afternoon. For the remainder of the season, water every 3 to 4 days. To gauge watering, place an empty can about 6 feet from the sprinkler; when it collects 1 inch of water, move to the next area. Begin mowing when the grass reaches 3 to 3½ inches, taking care not to remove more than one-third of the grass height at a time.
PLANT & TREE WATERING INSTRUCTIONS
Proper watering is essential for healthy plants. Water your plantings twice a week—more frequently during hot periods. Trees should receive 5–10 gallons every 2–3 waterings, and shrubs about 3 gallons. For large areas, use a sprinkler or soaker hose. Always check soil moisture before re-watering, and adjust frequency as needed once the plants are established.
SNOW CONTRACT CONDITIONS
a) This contract covers snow plowing based on a "per inch" pricing model and de-icing on a "per application" basis.
b) Contractor is not liable for damage to plantings, turf, or paved surfaces from deicers, provided that rock salt is not applied to concrete. Calcium chloride will be used on concrete, and rock salt on asphalt.
c) Additional charges may apply during extreme ice conditions.
d) Contractor is not liable for injury, damage, or death if Customer fails to notify Contractor to service the property.
e) Proof of insurance will be provided upon acceptance of the proposal.
f) Snow staking is recommended to clearly mark service areas. If Customer opts out of staking, an extra fee may be charged due to the increased difficulty. Any damage resulting from unmarked areas will release Contractor from liability.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. Facsimile or electronic signatures shall be deemed as originals and binding upon all Parties.
By: Stone Creek Landscape Construction
Stone Creek Landscape Construction was established in 2012. We proudly serve Somerset, Warren, Essex, Union, and Morris Counties in New Jersey.
Licensed, Certified, & Insured
NJ Contractors License: #13VH12025300
NJ DOT: #3871911
CONTACT US
Phone: (973) 997-2147
Email: mike@stonecreekbackyards.com
Address: 8 Combs Hollow Rd . Mendham, NJ 07945
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