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Contracts heres mine.

Discussion in 'Lawn Mowing' started by David Hartzog, May 27, 2007.

  1. David Hartzog

    David Hartzog Banned
    Posts: 532


    For Residential and Commercial properties.
    Hartzog Lawn Company
    188 Hwy 131
    Eufaula, Alabama 36072
    334-616-7380 Home
    334-370-3999 Cell

    Regular Service Name _________________________________________
    Job site address: ______________________________________________

    Type of grass (See calendar back page.)

    1. Visit site every 7 to 10 days Residential, Commercial, Industrial, Apartments.
    2. Visit site daily for shopping centers.
    3. Pick up all trash on property.
    4. Cut grass as needed. (Blades are sharpened daily.)
    5. De-thatch lawn if needed.
    6. Trim and edge around all landscape beds, existing trees, driveways, curbs, and sidewalks and next to building.
    7. Keep all shrubs, plants, and bushes trimmed.
    8. Keep unwanted vines or brush away from fence and property line.
    9. Blow off all walkways, parking areas, sidewalks, and curbs.
    10. Blow leaves and debris off roof.
    11. Trim Tree limbs off roof, up to 10 feet.
    12. Trim trees as needed up to 20” Higher will be bided.
    13. Tree removal will be bided.
    14. Spray weeds with round up and pre-emergence in plant beds, parking lot cracks, and next to building.
    15. Sprays weed control on lawn.
    16. Put out ant control can last up to two years. 1 year guarantee. (www.nofireants.com)
    17. Put out any insect control needed at any time for turf and or shrubs. (Thrips, grubs, whiteflies, scale, chinch bug etc.
    18. Fertilize see calendar back page.
    19. Lay mulch or straw $5 bag at cost in flowerbeds where needed 2x year. (Mulch at cost $40.00 per cubic yard)
    20. Put out annuals. ¬¬¬ (Customer pays for flowers)
    21. Place commercial grade ashtrays placed by front door. Emptied weekly (commercial customers only).
    22. Provide commercial trash receptacles per each tenant (Shopping Centers Etc. Trash cans empty weekly).
    23. I will do all landscape upkeep and pest control outside only.

    Full service price: $___________ per month (1 thru 23)

    This contract when accepted is effective ¬¬¬¬¬______/_____/_____ is a 12 month Agreement giving Hartzog Lawn company permission to start on date given that stays in effect until_____/_____/_____ and will renew itself annually unless either party cancels this agreement by giving a thirty day written notice before any expiration date.

    Insurance: Hartzog Lawn Service agrees to produce and maintain in effect during the term of this Agreement general liability, automobile liability, and worker’s comp.

    Hartzog Lawn Company
    188 Hwy 131
    Eufaula, Alabama 36072
    334-616-7380 Home
    334-370-3999 Cell

    This Agreement for Landscaping Services is effective between the parties listed in this document. In consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows:

    All Trash receptacles and cigarette containers are property of Hartzog Lawn Co. and will be removed upon termination of contract.

    Services to Customer: The Company shall provide the services listed on this document to Customer.

    Reimbursable Costs: Customer shall reimburse the Company all costs incurred in connection with the Services rendered. Reimbursable costs include, but are not limited to, subcontractors, materials, delivery, etc. that are attributable to a project or Service (the "Reimbursable Costs"). The Company shall provide to Customer substantiation of Reimbursable Costs incurred.

    Invoices will be submitted monthly by the Company for payment by Customer. Payment is due upon receipt and is past due twenty (20) business days from receipt of invoice. If Customer has any valid reason for disputing any portion of an invoice, Customer will so notify the Company within twenty (20) calendar days of receipt of invoice by Customer, and if no such notification is given, the invoice will be deemed valid. The portion of the Company's invoice which is not in dispute shall be paid in accordance with the procedures set forth herein.

    A finance charge of 1.5% per month on the unpaid amount of an invoice, or the maximum amount allowed by law, will be charged on past due accounts. Payments by Customer will thereafter be applied first to accrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by Customer. If payment of invoices is not current, the Company may suspend performing further work.

    Taxes: All amounts payable pursuant to this Agreement are exclusive of taxes. Accordingly, there will be added to any such amount payable by Customer the monetary sum equal to any and all current and future applicable taxes, however designated, incurred as a result of or otherwise in
    connection with this Agreement or the Services, including without limitation state and local privilege, excise, sales, services, withholding, and use taxes and any taxes or other amounts in lieu thereof paid or payable by Customer (other than taxes based on the Company's net income). If Customer does not pay such taxes, the Company may make such payments and Customer will reimburse the Company for those payments. Customer will hold the Company harmless for any payments made by Customer pursuant to this Section.

    CHANGES: Customer may, with the approval of the Company, issue written directions within the general scope of any Services to be ordered. Such changes (the "Change Order") may be for additional work or the Company may be directed to change the direction of the work covered by the Task Order, but no change will be allowed unless agreed to by the Company in writing.

    Contract termination: An early termination fee of $200 applies (TO COVER COST OF PRODUCTS, SERVICES ECT) if service is terminated before the end of the contract term.

    STANDARD OF CARE: The Company warrants that it services shall be performed by personnel possessing competency consistent with applicable industry standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. Furthermore, no guarantee is made as to the efficacy or value of any services performed or software developed. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY THE COMPANY CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE.

    Severability: Should any part of this Agreement for any reason be declared invalid, such decision shall not affect the validity of any remaining provisions, which remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated, and it is hereby declared the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions which may, for any reason, be hereafter declared invalid. Any provision shall nevertheless remain in full force and effect in all other circumstances.

    Modification and Waiver: Waiver of breach of this Agreement by either part shall not be considered a waiver of any other subsequent breach.

    Independent Contractor: The Company is an independent contractor of Customer.

    Notices: Customer shall give the Company written notice within one hundred eighty (180) days of obtaining knowledge of the occurrence of any claim or cause of action which Customer believes that it has, or may seek to assert or allege, against the Company, whether such claim is based in law or equity, arising under or related to this Agreement or to the transactions contemplated hereby, or any act or omission to act by the Company with respect hereto. If Customer fails to give such notice to the Company with regard to any such claim or cause of action and shall not have brought legal action for such claim or cause of action within said time period, Customer shall be deemed to have waived, and shall be forever barred from bringing or asserting such claim or cause of action in any suit, action or proceeding in any court or before any governmental agency or authority or any arbitrator. All notices or other communications hereunder shall be in writing, sent by courier or the fastest possible means, provided that recipient receives a manually signed copy and the transmission method is scheduled to deliver within 48 hours, and shall be deemed given when delivered to the address specified below or such other address as may be specified in a written notice in accordance with this Section.
    Any party may, by notice given in accordance with this Section to the other parties, designate another address or person or entity for receipt of notices hereunder.

    Assignment: The Agreement is not assignable or transferable by Customer. This Agreement is not assignable or transferable by the Company without the written consent of Customer, which consent shall not be unreasonably withheld or delayed.

    Hartzog Lawn Company
    188 Hwy 131
    Eufaula, Alabama 36072
    334-616-7380 Home
    334-370-3999 Cell

    Disputes: The Company and Customer recognize that disputes arising under this Agreement are best resolved at the working level by the parties directly involved. Both parties are encouraged to be imaginative in designing mechanism and procedures to resolve disputes at this level. Such efforts shall include the referral of any remaining issues in dispute to higher authority within each participating party's organization for resolution. Failing resolution of conflicts at the organizational level, the Company and Customer agree that any remaining conflicts arising out of or relating to this Contract shall be submitted to nonbinding mediation unless the Company and Customer mutually agree otherwise. If the dispute is not resolved through non-binding mediation, then the parties may take other appropriate action subject to the other terms of this Agreement.

    Representations: Each person executing this Agreement on behalf of a party hereto represents and warrants that such person is duly and validly authorized to do so on behalf of such party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be executed (by original or tele-copied signature) in counterparts, each of which shall be deemed an
    original, but all of which taken together shall constitute but one and the same instrument.

    Non-solicitation of Employees: During and for one (1) year after the term of this Agreement, Customer will not solicit the employment of, or employ the Company's personnel, without the Company's prior written consent.

    Cooperation: Customer will cooperate with the Company in taking actions and executing documents, as appropriate, to achieve the objectives of this Agreement. Customer agrees that the Company's performance is dependent on Customer's timely and effective cooperation with the Company. Accordingly, Customer acknowledges that any delay by Customer may result in the Company being released from an obligation or scheduled deadline or in Customer having to pay extra fees for the Company's agreement to meet a specific obligation or deadline despite the delay.

    Entire Agreement; Survival: This Agreement, including any Exhibits, states the entire Agreement between the parties and supersedes all previous contracts, proposals, oral or written, and all other communications between the parties respecting the subject matter hereof, and supersedes any and all prior understandings, representations, warranties, agreements or contracts (whether oral or written) between Customer and the Company respecting the subject matter hereof. This Agreement may only be amended by an agreement in writing executed by the parties hereto.

    Force Majeure: The Company shall not be responsible for delays or failures (including any delay by the Company to make progress in the prosecution of any Services) if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God or of the public

    enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications failures, and severe weather, and acts or omissions of subcontractors or third parties.

    Use By Third Parties: Work performed by the Company pursuant to this Agreement are only for the purpose intended and may be misleading if used in another context. Customer agrees not to use any documents produced under this Agreement for anything other than the intended purpose without the Company's written permission. This Agreement shall, therefore, not create any rights or benefits to parties other than to Customer and the Company.

    All bids include state and federal taxes. Federal Tax I.D. # is 63-1106737

    Contact: For more information, please call or e-mail David R. Hartzog, Owner, (334)-616-7380

    David R. Hartzog (owner) ___________________________ Date: _____________________

    Accepted by _____________________________ Title _______________________ Date: __________________

    Print name _____________________________ Phone # ____________________ Cell # ___________________

    Print Billing Address: ________________________________________________________________________

    Job site address: _____________________________________________________________________________

    Comments __________________________________________________________________________________


    Customer choice: Bills can be prepaid, Payment coupons made or billed monthly.
    Checks must be marked for the month of payment. Receipts will be given for cash.
  2. David Hartzog

    David Hartzog Banned
    Posts: 532

    The reason i am doing this is i was out there before lawnsite. and thru many years i feel i have perfected a document that protects me and my customers. i may be a fool by letting this out, but what can i say i'm bipoler and i can't stop beening nice.
  3. Envy Lawn Service

    Envy Lawn Service LawnSite Fanatic
    Posts: 11,062

    What I am assuming is page 2 looks familiar.

    Looks like someone was smart and hired an attorney to draft the contract.

    That's the best advice I can give anyone...
    Be directly specific about the service provided.

    Allow review by an attorney... have attorney redraft as needed and draft subsquent wording in accordance of laws specific to your area.

    This ensures enforceablity and lack of loop holes and/or pinch points.

    STRINGALATION LawnSite Senior Member
    Posts: 777

    page 2 reads like groundskeeperpro by adkad
  5. David Hartzog

    David Hartzog Banned
    Posts: 532

    you're right i never said i was a lawyer.
  6. mattfromNY

    mattfromNY LawnSite Bronze Member
    Posts: 1,581

    Do your commercial customers pay within 20 days? Mine always pay, but it is usually a 30 day turnaround. I think If I demanded payment within 20 days, I'd be looking for new customers. Often the commercials I service need to submit a bill to 'corporate', and I get paid 3-4 weeks later.
  7. David Hartzog

    David Hartzog Banned
    Posts: 532

    The contract is subject to change, and the customer is told it can change to there needs. Remember this is an agreement for two party's not just one.
  8. Envy Lawn Service

    Envy Lawn Service LawnSite Fanatic
    Posts: 11,062

    Whew... I gotta come up with a signature line quote for this...

    I don't want to use the "Mice and Men" analogy because it is wrong in a sense when considering the book/movie...

    But thinking literally of timid mice and mighty men....

    There are way too many timid mice scurrying about in this business.

    I can't even imagine having that meek of a mindset.

    I don't mean this in a mean spirit... I feel sympathy... and this is sad.

    In this business or any other, you have to draft and adopt some policies... and then enforce them. Otherwise, you are just managing an anything goes freefrawl... and in the green industry this means a bunch of extra tracking, paperwork and other administrative tasks... NON BILLABLE HOURS YOU HAVE TO PULL...

    So instead, you draft a billing and payment policies... pick one to adopt... then stand by it and enforce it. That's just all there is to it... simple as that.

    I mean name off for me ONE regular service you pay for that YOU tell THEM when you are going to PAY them... I mean give me an F'ing break!!!

    You bill in a manner that is convienient to you, and you decide when the bill is due.
    They pay or they don't... end of story.

    I mean do you think for a minute the other service providers to your commercial sites let the sites tell them when they are going to pay.... like the power, phone, water, garbage.... and the list goes on and on... PLEASE!!!

    All my customers not only pay when we set their due date... but they pay me in advance... before the service is provided for the month.

    If a commercial site tries to feed me that crap from the get go... when they start the contract, I write them a bill, and they can take as long as they like "processing" it. I'm not returning until the payment comes in, and if I must continue to submit a bill like that (which is BS in itself) however long "processing" takes... they just get the dang bill that much earlier. No sweat off my nose.

    Truth be told, doing it this way usually results in an incoming phone call from someone in "accounting". After a short conversation, usually all the red tape crap is over and systematic payments follow.
  9. mattfromNY

    mattfromNY LawnSite Bronze Member
    Posts: 1,581

    Guess I touched a nerve. The wrong one at that.
    Yeah, you make a very valid point.
    I always have a '30 day net' on my invoices, and I've always been paid on time. But rarely do I see payment within 20 days was my point.
    I guess I dont see how its a bunch of extra tracking/ paperwork, etc... Once the receivables are budgeted, the checks come in every month like clockwork. I guess if I was doing a one-time job it would be different, but I am talking about weekly maintainence like the services that Davids' contract listed. Do the work, mail the bill, receive payment. Period.
  10. Envy Lawn Service

    Envy Lawn Service LawnSite Fanatic
    Posts: 11,062

    Well yes and no I guess...

    I guess this stuff does hit a nerve with me in a way. But understand that it is "in general" and nothing at all personal. 99% of LCO's do it just like you and a lot worse.

    It just frustrates me to watch the millions of ways LCO's "bow down" to the customers they service, when their service is just as valuable and important as the others.

    LCO's will work a month, send a bill and work another month while waiting on payment.
    Other service providers don't put up with this.

    I mean do you use your cell phone a month, then recieve a bill and then have 30 more days to pay it? I think not. You likely pay your basic fee a month in advance and get billed anything additional. They cut a new bill with a new advance monthly fee, plus anything additional, and you maybe have 2 or 3 weeks turn around. This way if you pay on time, your payments can be creditied and displayed on the next bill they cut.

    Now how many people have cell phones today?
    Just as many people will pay for lawn service the same way.

    You don't realize what a pain in the arse your system is until you rise above all that.
    You also don't realize how much you can cut your accounts recieveable.
    And you also don't realize how much you avoid people trying to run up a bill and screw you.

    Like just last season for example... I had one commercial site where the logical thing to do was to do the work and send a bill. Despite any of my efforts, they paid what they wanted when they wanted.


    I'll tell you why... because everyone else let them by with it for this type of work and they beat every one of them out of some money in the end.

    Just like the other ones that go out of their way not to conform to anything, bad news from the get-go, planning to screw somebody if they could, else they would have conformed.

    It was a nice piece of business, but I finally got fed up and canceled them for non-payment. They were not even near as far behind as most of you guys would let them get before cancelling for collections. And thank god for that too! I just decided enough already, and I am glad I did.

    They would have let the total due creep up as far as possible and as far behind as I would have let them. And then when I had taken it as far as I was willing to, they would have stiffed me with that amount.

    Yep, I got stiffed on the balance, which was less due to my decision, and although I'll get my money, I'm still trying to get it now, and I could have avoided most of this even....

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