Graham Landscape & Design LLC Terms & Conditions

UPDATED AS OF 02-25-2025

1. General Terms

1.1 Agreement ScopeThese Terms and Conditions ("Agreement") govern all services provided by Graham Landscape & Design LLC ("GLAD" or "Contractor"). By accepting a service agreement or contract, the customer ("Customer") agrees to these terms.

1.2 Payment and Terms

• Pricing is valid for 14 days from the date listed on the proposal. GLAD reserves the right to review and adjust pricing as needed on any agreements that have not been accepted within 14 days.
• Payment is due immediately upon substantial completion unless otherwise specified.
• Failure to pay invoices on time may result in suspension of services and additional fees.

1.3 Cancellation & No-Cause Termination

• If the customer cancels this contract before the project begins, they will be charged a cancellation fee of 10% of the total contract price. This fee may be taken from the customer's down payment, and the customer will be responsible for any remaining balance.
• Recurring Maintenance Contracts renew automatically for additional one-year terms unless either party provides at least 30 days' notice before the renewal date.
• If unforeseen obstacles arise that increase costs (e.g., large boulders, underground utilities, rebar, sewer drains), GLAD will notify the Customer with an evaluation and proposed change in price or work. If the obstacle deems the job unable to be completed or if the Customer decides the cost to proceed is too prohibitive, the Customer is responsible for labor costs incurred up to that point and for any materials that cannot be returned.

1.4 Assignment & Subcontracting

• Neither Contractor nor Customer may assign this Contract without written consent of the other party.
• GLAD reserves the right to engage subcontractors for the performance of work under this contract. Subcontractors may be used for tasks such as, but not limited to, electrical work, plumbing, specialty licensed vehicles, and other specialized services deemed necessary for the completion of the contracted work. The Contractor shall remain fully responsible for the performance and quality of work delivered by any subcontractors and shall ensure that subcontractors comply with the terms and conditions of this contract. The use of subcontractors does not relieve the Contractor of its obligations and responsibilities under this agreement.

1.5 Scheduling of Work

• GLAD will make every effort to install the above work as efficiently as possible. However, delays beyond our control may occur due to weather conditions, labor shortages due to illness or injury, material availability, or other unforeseen circumstances.

2. Service-Specific Terms2.1 Recurring Maintenance

• Includes routine landscaping services as specified in the contract.
• Warranties on plant materials are only valid if the property is maintained by GLAD and provided that the landscape is covered by an automatic irrigation system. If it is discovered that an automatic irrigation system has been shut off or adjusted by the homeowner without instruction by a GLAD representative, the warranty on plant material may be deemed null and void at the discretion of an appointed GLAD representative.
• If service is canceled mid-term, any discounts provided for prepayment will be void, and adjustments will be made to the refund.

2.2 Irrigation Services

• Warranty: Irrigation installations carry a 3-year warranty covering product manufacturer defects and workmanship.
• Warranty does not cover negligence, Acts of God, damage caused by third parties, or improper system use.

2.3 Construction Services

• Wood Disclaimer: Wood is a natural product and may crack or warp over time. GLAD rejects defective lumber before installation but does not warranty wood cracking or warping post-installation.
• Weed Disclaimer: Soil, mulch, gravel, and similar materials provided by third-party suppliers may contain weed species. GLAD does not guarantee weed-free materials unless specifically stated.
• Concrete Disclaimer: Concrete may crack or craze over time. GLAD assumes no responsibility for cracking or crazing.
• Natural Stone Disclaimer: Natural stone may change in color or integrity over time. GLAD selects high-quality stone but is not responsible for unforeseen defects, delamination, spalling, or discoloration.

2.4 Maintenance Clean-Up & Installation

• One-time clean-up services do not include recurring maintenance unless specified.
• Plant material warranty is 90 days. Sod and seed mix installation warranty is 30 days or through the germination period, whichever comes first.
• Transplanted plant materials are not covered under warranty.

3. Liability & Dispute Resolution3.1 Insurance & Liability

• GLAD maintains liability and worker’s compensation insurance as required by law.
• GLAD is not liable for damage to underground utilities unless clearly marked by the Customer prior to work.
• Customers assume liability for third-party damage or negligence.
• To the fullest extent permitted by law, GLAD shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services.

3.2 Indemnification

• Customers agree to indemnify and hold harmless GLAD, its employees, and affiliates from any claims, damages, liabilities, or expenses resulting from misuse of our services or breach of contract.

3.3 Right to Refuse Service

• GLAD reserves the right to refuse service, terminate agreements, or cancel scheduled work if a customer fails to adhere to payment terms or engages in behavior that interferes with our ability to provide service.

3.4 Dispute Resolution & Arbitration

• Any disputes shall be resolved in the courts of Lane County, Oregon.
• If a dispute arises, the parties agree to attempt resolution through direct discussions. If unresolved, disputes will be settled through binding arbitration under the Construction Industry Arbitration Rules of the American Arbitration Association. The arbitration will take place in Lane County, Oregon, and the decision of the arbitrator will be final and binding.

4. Intellectual Property

• All content, including images, designs, and materials created by GLAD, are the intellectual property of Graham Landscape & Design LLC and may not be copied, reproduced, or distributed without prior written consent.
  

5. Acceptance & Contact Information

• By accepting a contract or requesting service, the Customer agrees to these Terms & Conditions.
  

For inquiries or disputes, contact: Graham Landscape & Design LLC
PO Box 5125, Eugene, OR 97405
Phone: 541-729-8029
Website: www.graham-landscape.com Privacy Policy: www.graham-landscape.com/privacy.html

GLAD is licensed with the State Landscape Contractors Board:
2111 Front St. NE., Suite 2-101, Salem, OR 97301
Phone: 503-967-6291 | www.lcb.state.or.us
License Number: 8920