General Terms & Conditions
Our Guarantee*An important part of establishing long-term relationships with our clients begins with good communication, so please allow us to explain some special circumstances that may occur while doing business in the green industry
Plants are living and require maintenance and care to a varying degree. Once we have installed your landscape, you will have responsibility for the continued health and vigor of the plants. Maintaining your new landscape is not difficult. Upon completion of your project, please view our website for some plant care tips. Equally important, please call us immediately upon observing symptoms of plant decline, including wilting, leaf or needle drop, discoloration of leaves or woody stems, insect infestation, etc. This allows us to quickly determine possible causes of plant stress and recommend solutions.
If you wish to keep your landscape looking its best and do not have the time or knowledge to devote to plant care, please consider our Landscape Maintenance Program. Our programs are custom-designed to suit the needs and preferences of individual clients. Our minimum frequency of service is every-other-week, year-round.
Landscapes & PlantsOccasionally plants will not survive the process of transplanting. We will gladly replace them at no charge. Plant materials that fail will be replaced as soon as they become available and as quickly as our schedule permits. Within the following schedule, we guarantee to replace, once, any woody plants installed by Landscape Magic that fail to grow.
90-Day Limited Warranty is provided for all woody plants (trees and shrubs, no annuals). Reasonable growing conditions must be maintained as a provision of the warranty, including proper irrigation, insect control, winter protection, and shelter from unreasonable damage from pets or pedestrians.
Extended warranty and/or maintenance scheduled only as determined by contract.What is not included in our guarantee:
- Replacement of any plant when the account is past due or has not been paid according to terms.
- Vandalism or Acts of God (i.e., lightning, flooding, abnormal and/or extreme weather conditions such as prolonged freezing temperatures or drought, early and late season severe freezes, damaging winds, fallen trees, etc.).
- Replacement of plants that are damaged or die as a result of insect infestation or disease. (If disease or insect infestation is diagnosed, we can apply controls for a reasonable fee.)
- Replacement of plants that are injured or die as a result of improper cultural practices, such as over or under watering, over fertilization, damage from chemical applications, etc.
- Replacement of plants that we planted by request, in areas that receive a reduced amount of natural rainfall or none at all. Plants which are not well suited to our hardiness zone or soil conditions. If any of these plants are requested by the client, they will be excluded in writing from our guarantee.
- Due to shallow root systems and/or susceptibility to moisture and temperature extremes, certain plant materials are not guaranteed. This includes plants in pots, planter boxes or containers of any kind, client transplants, annuals, groundcovers, lawn seed, sod and bulbs.
- Our guarantee is void if plants are moved.
Construction warranty - All material is guaranteed to be as specified. All work is to be completed in a workman like manner according to the manufacturers' guidelines along with the Arizona Registar of Contractors guidelines. Landscape Magic guarantees for three (3) years from the date of installation that hardscaped surfaces (flagstone, pavers, etc.) shall be true to grade. Warranty includes repair of irregular settlement of the material that was installed by Landscape Magic. It includes labor and materials required to relay the affected areas. Exact color matching is not guaranteed. We are not responsible for damages caused by acts of God (including, but not limited to: floods, tornados, damaging winds, fallen trees etc.) Oil spots from vehicles not covered. Invoice must be paid according to terms if not, guarantee will be void.
General Terms & Conditions
- The negotiated contract shall be in force for twelve (12) months. The contract may be canceled by either party upon 30 days written notice terminate this agreement before the termination date if work is not being done in accordance with these specifications or due to untimely payment(s) for services rendered. This agreement shall be binding on the parties and on their successors, legal representatives and assigns. (terms may differ from contract to contract, please see your contract for more information)
- In the event of default the client agrees to reimburse Landscape Magic all administrative costs, collection costs, attorney fees, recording fees and/or court costs. Client further agrees to pay a $35.00 fee for each check returned from the bank for any and all reasons.
- Clients agree to pay in full in a timely manner. (a 1.5% monthly charge will be applied to past due balances along with a $25.00 late fee)
- Our estimates, proposals & contracts will include the materials and the work described only. Any additional work not in included or mentioned in our estimates, proposals & contracts will be an additional charge (to the original amount) for both labor and materials that is added. This will be the case no matter how the additional work is agreed upon verbal or signed changed order.
Credit Cards*Visa, MasterCard and Discover credit cards are accepted. There will be a 3% processing fee for all credit card payments.
Utilities, Lines, & Cables*
- Bluestake or your local utility locator company will be contacted to mark their own underground facilities with paint or flags.
- Personal and private lines will NOT be marked by Bluestake. All personal lines and utilities are the responsibility of the property owner. Landscape Magic will hire a private company to mark utilities within your property lines for an additional fee. Private lines include, but are not limited to: cables, dog fences, sprinkler/drip systems, landscape lighting, etc.
- In no way will Landscape Magic be responsible for damaged private lines or other lines not marked or and disclosed to Landscape Magic