A BETTER LANDSCAPER GENERAL TERMS AND CONDITIONS




A BETTER LANDSCAPER GENERAL TERMS AND CONDITIONS

A Better Landscaper is licensed, bonded, insured for $2 million, and carry WCB to protect our employees. Free estimates are provided as a courtesy and given only in the spirit of competing for a job. Only the owner or manager of the property can request an estimate. We will not provide estimates requested by tenants, realtors, or any other third parties. We reserve the right not to provide a free estimate for any reason.

Permits are required for certain jobs such as installing second-story decks, decks that are higher than 2 feet off the ground, retaining walls higher than 1 metre tall, fences higher than 6 ft., fences on retaining walls, running electrical conduit, running gas lines, etc. We will inform you if a permit is needed. If a permit is required, we can go down to City Hall and apply for one for you. Permit costs may vary. We reserve the right to refuse any job if a homeowner decides against obtaining a necessary permit for any reason. All permits will be listed on the quote and/or invoice. A Better Landscaper will not be held liable for any repercussions if the homeowner decides not to obtain a permit.

Upon signing and/or accepting our quote, the client also accepts ours terms and conditions, and you will be placed in the queue. We will give you an estimated start and end time, however, due to circumstances beyond our control, wait times may increase or decrease accordingly. For example, bad weather can push your start time back or a cancellation may push your start time forward.

We strive to complete all jobs, repairs, and warranty work in a timely fashion; however, some factors are beyond our control. These include but are not limited to: bad weather, back-orders, special orders, change orders, power outages, equipment failure, supplier issues, staff shortages, injuries, illness, sub-contractors, other contractors working on premises, acts of God, etc. We will inform you of any delays we encounter. Delays generally will not affect your bill, just your time-frame.


It is the responsibility of the homeowner to clear the work area of toys, bikes, tools or anything else that may pose a tripping hazard before work begins. Any items left in the excavation area will be excavated. Please keep children and pets out of the work area at all times for their own safety. Please warn your neighbours of impending work so they know to expect some extra noise and added vehicles. If access is needed through a neighbouring property, or if property lines must be crossed, permission from the affected neighbour must be secured by the homeowner before the job starts. Difficult neighbours will be referred to the homeowner. We will not get involved in disputes with neighbours.


Sometimes foreseeable collateral damage is unavoidable while doing a job so repairing it is part and parcel of the job. Foreseeable collateral damage can occur on the homeowner's property and/or a neighbouring property. Examples include but are not limited to: damage to grass and finished areas with bobcats, wheelbarrows, foot traffic, etc., stucco or vinyl siding or poor-quality foundation parging crumbling due to vibrations (normally this wouldn't happen with good quality parging), flowers and/or plants trampled if they are in the path of construction, etc. All unavoidable damage will be brought to the homeowner's attention and repair costs added to the invoice.


Clients with newly-built houses must have a grading certificate provided by the City prior to A Better Landscaper starting on your project. Clients that have had excavating work done around house foundations, additions, etc. should wait at least two years to allow for settlement of material around the foundation. A Better Landscaper will not be held responsible for sinkage that occurs after landscaping has been completed. However, A Better Landscaper will provide a new estimate to repair sinkage problems at an extra cost to the client.


Some items can only be installed in warm, dry weather, such as cement pads and vinyl decking, in order to be covered by a warranty. Products such as these may crack, peel, or otherwise fail if installed in cold or wet conditions. In these instances we recommend waiting for warm dry weather before starting or resuming a job. If the customer insists on installing something in bad weather against our recommendation; he/she may by required to sign a waiver beforehand dismissing all claims to any warranties offered by A Better Landscaper Inc. or by our subcontractors or suppliers.

All changes to the original quote will be documented. After project completion all changes with a dollar value will be added to the total. We will try our best to accommodate minor changes without charging for a change, however, if a change or request involves dismantling or partially dismantling a project that is already underway or completed, or if the change involves returning or exchanging materials already purchased, or if a change involves going back to City Hall to change an already approved permit, a minimum fee of $250 plus the cost of materials and labor will be applied. Additions and upgrades are extras. Increases in the price of materials purchased or needing more material than originally anticipated will be added accordingly. In these instances the homeowner will be advised of the increase and the revision will be duly noted in the final invoice. If disagreements erupt in the middle of a job that cannot be ratified amicably, all work could stop until further notice or until a resolution is reached. If an amicable solution cannot be found, A Better Landscaper reserves the right to take legal action to collect the full amount of the existing quote including changes, plus our legal fees and interest, even if the work is incomplete.


The homeowner is responsible for the safety and security of the worksite when A Better Landscaper's crews are not on site, such as at night time or on days off. Theft of materials from the worksite or vandalism of the worksite is not usual, but if it occurs, the added expense of replacing stolen material or repairing the vandalism will be added to the final invoice. Any and all cost over-runs of the job will be included in the final invoice.

A Better Landscaper will provide a two year limited warranty on most materials and workmanship. Garages will be covered under a five year limited warranty. The warranty will go into effect the day final payment is made or the day the job was completed, whichever comes first.


A Better Landscaper's limited warranty will cover all natural wood and stone products, however, all man-made materials such as composite and vinyl products will be covered under their own Manufacturer's warranties. Any materials that are covered by a Manufacturer's warranty are the sole responsibility of the Manufacturer, however, A Better Landscaper will cover the workmanship of the installation of said materials. All materials are visually inspected before installation but sometimes defects are not immediately apparent. After job completion, If a problem occurs and the Manufacturer deems a piece defective they will supply a replacement piece, but we may charge for labour to remove the old piece and install the new one if our workmanship was not at fault. All natural products such as wood and stone will have some natural characteristics such as knotholes in boards, pitting in stones, and small differences in colour or texture etc. These are not defects, but part of the natural beauty and character of the piece.


Warranties on workmanship include repairing, refunding or replacing items that have become nonfunctional or hazardous. Examples include but are not limited to, sagging gates, loose fence or deck boards, sinking paving stones (must be sinking by one or more inches), loose shingles or siding on garages, etc. Note: paving stones installed over a newly excavated area (excavated and backfilled less than two years ago) will not be covered due to the fact that the disturbed ground may continue to sink or settle.


A Better Landscaper will employ the services of Subcontractors to do work we are not authorized to do, such as installation of electrical, natural gas, vinyl deck coverings and poured concrete. All our Subcontractors are fully licensed, insured and certified, with many years of experience and excellent reputations. Any work and materials provided by a Subcontractor will be subject to the warranties offered by said Subcontractor, not A Better Landscaper.


Plants and plantings of any kind are not covered under any warranty offered by A Better Landscaper. However, we can purchase a warranty from the Supplier at an added cost, at the customer's request, before the job begins. Trees can be warrantied for $100 each and shrubs for $40 each, but there is no warranty on sod, flowers, annuals, perennials, or small plants of any kind. Please note that warranties from the Supplier only cover the replacement value of the item, not the costs associated with removal, delivery, dump fees and replanting. Warranties on trees and shrubs MUST be listed in writing on the quote and/or invoice or these items will not be covered.


Projects that require engineering will also require at least one City permit which we will acquire. Our Professional Engineer will approve and sign off on all design plans before construction and closely monitor the job from beginning to completion. All completed projects will meet and/or exceed specifications and will be signed off by our Engineer before passing an inspection by the City of Calgary. This assures the client that at least two higher powers have inspected and approved of the job, and both have agreed in writing that the project was properly constructed to code using the proper materials. This absolves A Better Landscaper of all future liability should a problem arise.


Abuse, misuse, accidents, extreme weather, ground movement or settling of any kind, acts of God etc. that occur after project completion are not covered by any warranty expressed or implied. There is no warranty on free or discounted products or services. Your account must be in good standing in order to qualify for any warranties expressed or implied. No warranty will be provided if your account is outstanding or delinquent. If you allow your account to go delinquent, you will forfeit all rights to any warranties offered even if the account is paid in full at a later date. Warranty work and/or repair work will be scheduled to commence at our earliest convenience, usually at the end of the season or the beginning of the next season. We will repair, replace, or refund the affected item(s) at our sole discretion. We will keep you apprised of the available time frames and constraints, if any.

We may post pictures of your project in order to showcase our work on our website www.abetterlandscaper.ca, Facebook, Twitter and/or other forms of social media for purposes of promoting our business. Your name and address will not be shown and every measure will be taken to protect your privacy. Most pictures are replaced after one year.

Quotes provided generally do not go up but they do not guarantee the final price of a project. We reserve the right to re-measure or re-examine any and all aspects of the job for accuracy for billing purposes. We reserve the right to revise a quote if we experience supplier price increases before or during the job or if more material was needed than originally anticipated in order to complete the project. Quotes are good for 60 days. Please check your quote and/or invoice carefully. If something is not listed on the quote or invoice, do not assume it is included in the overall price. Our quotes are highly detailed. Items such as permits, special conditions, colour choices, sizes, styles, electrical, extras etc. will be listed on the quote or invoice. If it is not, please inform us and we will add it.

A 50% down payment is required upon commencement of the job with the balance due upon completion. On jobs worth over $50,000, the formula will be 50% down, 25% at the three-quarter point, and the remaining 25% at completion. Once a project is 99% finished, the balance of the invoice is due and payable with minor hold-backs allowed for work yet to be completed, such as waiting for custom-order railings, gates, glass etc, if necessary. Once the work is done, the balance of the hold-back amount becomes due and payable immediately.


Although insurance claims are welcome, the terms of payment still apply (50% down and balance due upon completion). Please make sure funding is in place before the start of the job.

Balance is due upon completion of work. Unpaid balances will result in an interest charge of 60% per annum, or the maximum allowable by law, plus our legal fees and court costs if applicable. NSF or returned cheques will be charged at $50 for each occurrence in addition to our bank's fees.

We reserve the right to refuse service for any reason. Terms and conditions are subject to change without notice. Abuse of any kind will not be tolerated. Unlawful activities will be reported.

I/we have read and understand and accept the terms and conditions by accepting the contract. If the contract is not signed for any reason, the client agrees to all terms and conditions once their deposit cheque has been accepted.

© 2006 - 2016 A Better Landscaper Inc. All rights reserved.

Last Updated Feb 2, 2016.




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