Terms and Conditions

General Contract Terms:

1.1 - Both parties are entitled to a copy of the agreement.

1.2 - By signing, the homeowner agrees to everything in the proposal. By signing, Aspenwood Landscape agrees to everything in the proposal.

1.3 - If it is not stated in the proposal, it is not included.

1.4 - If Aspenwood Landscape, LLC  employees have to “Redo” or “Take up” or “Replace” any items after they are installed, the homeowner may be charged an additional fee unless installed incorrectly by Aspenwood Landscape employees. (Example: Rock type is changed after installed on site and Aspenwood has to replace it, a fee will be applied)

1.5 - Aspenwood Landscape will do their best to keep tools, equipment, trucks, trailers and materials organized on your jobsite. Daily clean-ups will be performed to keep things looking presentable.

1.6 - The estimated “end date” is not a guarantee and will depend on weather, productivity, material availability etc.

1.7 - After the installation of a landscape project, it is the homeowner's responsibility to maintain all living items such as trees, shrubs, annuals, perennials, and grass as well as any maintenance on hardscaping.

1.8 - Depending on the size and duration of the project, a port-a-potty may be brought on site for the use of Aspenwood Landscape crew with homeowner-approved placement.

1.9 - Any changes in contract must be in writing and signed. Payment terms do not apply to change orders.

1.10 - Permit, city costs, or HOA design-approval cost is paid for by the homeowner. If Aspenwood Landscape is

working with the HOA, it can take time with the design process to get approved. Each HOA & County is different and we build a general design that we send to the HOA/County then we get feedback on the changes that are needed to get approved.

1.11 - After the contract is signed, if the client decides to cancel, there will be a 20% cancellation fee from the entire cost of the contract plus the cost of any labor or material that was purchased during the project.

1.12 - In the event of a legal fee, the prevailing party is responsible for legal fees.

1.13 - The deposit is non-refundable unless the contract is canceled by Aspenwood Landscape. Aspenwood Landscape has the right to cancel this contract and return the deposit minus expenses if, during the course of the project, the client is rude, impatient, or a pain to work with. Please relax, we are working hard on the approval process and everything will get completed with quality work. Understand that it takes time to put everything together.

1.14 - Concrete shall attain a compressive strength of not less than 4,000 pounds per square inch at the age of 30 days April - October and age of 120 days November - March.

1.15 - Aspenwood Landscape, LLC may charge extra if any other contractor, or person delays, destroys or interferes with workflow or items already installed.

1.16 - If soils are tested and a soil change is needed, this is considered “out of contract” and will be an additional fee to be paid by the Homeowner.

1.17 - Aspenwood Landscape, LLC is not responsible for debris or trash from other contractors.

1.18 - Aspenwood Landscape, LLC is not responsible for the blowing out of an irrigation system unless previously agreed upon.

1.19 - Aspenwood Landscape, LLC will not be held liable for engineering failures unless they were installed incorrectly by Aspenwood Landscape crew.

1.20 - Construction work and equipment is dangerous to be around. Please take caution when around any construction materials, equipment, employees or any other construction-related items. Please note: you are always entering “at your own risk” when you enter a construction site.

1.21 - All work will be completed in a professional manner in accordance with uniform residential codes.

1.22 - Designs are for conceptual vision only. Actual projects may vary slightly from design.

1.23 - A final walkthrough will be made at completion confirming all aspects of the contract have been completed.

1.24 - A professional company should be hired to maintain and fertilize any vegetation.

1.25 - Any change orders above $1,000 that are made after the contract is signed and filed will be charged with a $300 service fee in addition to the cost of the new materials, additional labor for installation, and any demo that maybe necessary to meet the new requirements. This does not include HOA denial of work- if HOA does not approve of something in the contract, we will make a change, with homeowner approval, with no penalty.

1.26 - Aspenwood Landscape, LLC. holds the rights to any and all photographs, videos, and aerial footage taken by employees or crew members. This also grants Aspenwood Landscape, LLC the right to return within twelve months of project completion for any additional photographs and video recordings. We will coordinate with the client to schedule a time to come out if more pictures are needed within the twelve-month time frame. Property address and location will be kept confidential.

1.27 - If any repair is needed to the sod/soil from driving machines or wheelbarrows to the backyard or the front yard the additional cost for labor/material will be paid by the homeowner. We will do our very best to keep the grass in the same condition as when we started. When there’s a lot of traffic on the grass throughout the day it does put a lot of stress on the lawn. Again we will do our very best to maintain the grass’s health during the project.

1.28 - There may be a scenario in which a city or HOA has requirements differing from the state’s standard regulations. Any additional costs resulting from permits, inspections, etc. will be added to the job total and will be reflected in the contract. (i.e. sprinkler head size, zone requirements, etc.)

1.29 - Aspenwood Landscape, LLC is not liable for bad weather or acts of god (i.e. snowfall, ice storms, fallen tree limbs, etc.) Aspenwood will tarp the work area at an hourly rate of $110 per man. Upon return to the job site, snow or tree limb removal may be necessary to continue work, this will also be charged at an hourly rate of $110 per man.

1.30 - As part of the set up at the job site, Aspenwood Landscape, LLC may need access to the homeowners wifi to ensure full functionality of the security cameras. Security cameras will be kept onsite throughout the course of the project to protect against theft and vandalism.

Materials:

2.1 - Materials that are being delivered on site (Such as:  mulch, rock, sand, gravel, soil, sod and plants) will be delivered at various times throughout the project. We will do our best to manage and schedule these deliveries so as not to impact necessary access such as: driveways and sidewalks.

2.2 - If more materials are needed than what is stated in the contract, the section will be re-measured and you may be charged accordingly for the additional material needed.

2.3 - All excess or unused materials are the possession of Aspenwood Landscape. When doing projects, we are required to order material  in full-pallet quantities. The homeowner is only paying for the amount/ sq ft that’s installed. We measure this by however much is left on a pallet. By measuring the area installed is not an accurate way of showing the square footage used since cuts are made from full size pieces. The best way to know the square footage that was used to make the area is to see how much material is leftover on the pallet.

2.4 - For all materials that need to be returned -denied for installation by customer- restocking fees will be issued to the Homeowner as well as the cost of additional labor to return items.  This does not apply in the event that excess materials are returned by Aspenwood Landscape after project completion.

2.5 - If additional concrete is needed for a depth more than 4” or what is stated in contract, a fee of $170 per yard will be applied.

2.6 -  Pricing for materials is subject to change based on time of purchase. We order material typically 1-2 weeks before start date

Warranties:

Aspenwood Landscape stands behind their work and will work with the Homeowner to resolve any issues.

3.1 - Aspenwood Landscape is not responsible for any weeds after installation. Weed block fabric is not a guarantee.

3.2 - Aspenwood Landscape is not responsible for any rotting of wood after installation.

3.3 - Aspenwood Landscape does not warranty poured-in-place concrete or asphalt against cracks, reflective cracks, chipping or any other damage caused by settling or other circumstances beyond our control.

3.4 - Exact color replication for concrete is not warrantied. Slight variations in color may also occur due to weather conditions or projects requiring multiple pours.

3.5 - Aspenwood Landscape offers a limited 3-year warranty on all paved areas with pavers. This warranty covers settling, cracking and manufacturing defects. The following items will not be covered in this warranty: circumstantial damage inflicted by homeowner/ third party or natural causes (tree roots, floods, fires, tornadoes etc). Warranty does not cover settling if proper drainage isn't installed. Small chips and polymeric sand are not warrantied. For new construction homes built within 2 years, this warranty will be reduced to a 1 year period.

3.6 - Aspenwood Landscape offers a 3-year warranty on retaining wall installation services. This warranty covers settling, cracking and manufacturing defects. The following items will not be covered in this warranty:circumstantial damage inflicted by homeowner/people  or natural causes (tree roots, floods, fires, tornadoes etc). Warranty does not cover settling if proper drainage isn't installed. Small chips and polymeric sand are not warrantied. For new construction homes built within 2 years, this warranty will be reduced to a 1 year period.

3.7 - Additional rock or mulch that is needed is not covered in warranty and will be charged to the client.

3.8 - Irrigation is covered in a limited 1-year warranty. This includes; manufacturing failures or malfunctions, installation failures. This does not include; personal or third party damage, damage due to freezing, or damage from other contractors. Drip emitters are not warrantied. Backflow preventers are not included in the warranty.

3.9 - Warranty is not valid until final payment is made.

3.10 - Efflorescence on pavers, concrete or retaining wall will not be covered in warranty.

3.11 - Aspenwood Landscape does not warranty any planting or trees. Once the plants have been approved by the customer for installation, we will install the plants and/or trees as per the proposal. After installation, it is the customer’s responsibility to properly care for and maintain the plants/trees. Aspenwood Landscape offers planting insurance. If you wish to purchase planting insurance, it would be 20% of the total cost of planting to cover 1 year

Payment:

4.1 - Price Is Valid For 30 days from when the contract was sent. After this time, the contract will need to be reevaluated and re-sent by Aspenwood Landscape before moving forward.

4.2 - If the project is not paid in full within one week (7 days) of project completion, a fee of $100 per additional day will be charged to the Homeowner until the final payment has been made.

4.3 - Payment methods for this project include: check or cash.

4.4 - Final payment is due on completion of the original contract not including warranty work OR change orders.

4.5 - Client understands that progress payments indicate that client is content with progress of work/ project and will make no attempt to make any stop-payment attempts. If a Credit Card is used for the final payment of any work done/ project completion- client agrees before processing/ charging credit card that a final walk-through has been conducted and the client is completely satisfied with work performed/ project outcome/ completion and client thereby agrees there will be no attempts to stop payment. Instead of initiating a stop-payment order on the credit card charge, clients will utilize the above warranty provided by Aspenwood Landscape, LLC.  If legal mitigation is needed for payment (including a credit card stop-payment), the client accepts responsibility for legal/ court/ lawyer fees/ penalties etc. incurred by Aspenwood Landscape during legal proceedings in addition to the outstanding balance due from the project.

4.6 - Deposit is non refundable if you wish to cancel prior to work starting

Unforeseen Items:

5.1 - If unforeseen items are needed to complete the project,  a change-order will be created and sent via email. Work in the change-order will not be started until the change-order has been signed by both parties: Aspenwood Landscape and the Homeowner.

5.2 - We will have a location service mark for all utilities before the project is started. Please do your best not to disturb these markings since they are  important for Aspenwood Landscape to know where it is safe to dig/complete all aspects of the project.

5.3 - If any utility lines are hit during the excavation, demo or installation process, due to incorrectly marked lines, Aspenwood Landscape will not be held liable. If this does occur, an agreement will be made between Aspenwood Landscape and the homeowner to resolve the issue. Utility lines include but are not limited to: Gas, electric, comcast, cable, tela-communications, xcel, power, etc.

5.4 - Any unknown objects encountered underground or aboveground, or circumstances that may stop or delay work will be considered additional work and are not covered under the original contract. Examples include, but are not limited to; boulders, large roots, construction footings, stumps, utilities, groundwater springs, etc. Additional work will be billed to the homeowner on a time and material basis.

5.5 - Aspenwood Landscape will not be held liable for any damage caused by natural forces: cracked sprinklers, freeze and thaw, erosion, animals or anything beyond our control.

5.6 - When back-filling or demoing materials, there is no guarantee items won't settle over the years.

5.7 -  Homeowner is responsible for the marking of all non-public utilities (i.e. irrigation, invisible fencing, satellite lines, etc.) before work commences, and assumes responsibility for any damages caused by unmarked lines

5.8 - It is the responsibility of the property owner to mark property lines prior to the start of work. Aspenwood Landscape accepts no responsibility or liability for incorrectly marked property lines or errors in survey. If access through a neighboring property is required, it is the responsibility of the homeowner to gain legal, written, or verbal authorization to proceed.

5.9 - When providing concrete demolition, the agreed-upon price assumes the concrete is a standard 4” thick with rebar spaced no closer than 16” and rebar size no greater than ½”. Concrete demo price also assumes there is no wire mesh installed inside the existing concrete.

5.10 - In the event that the homeowner is taking time away from the crew doing their work by talking extensively  and telling stories Aspenwood Landscape, LLC holds the right to bill the homeowner at the rate of $110/hour. 

5.11 - In the event of rapid and unexpected increases in fuel costs, Aspenwood holds the right to surcharge the homeowners for additional expenses throughout the course of the project.

5.12 - In the event that a street permit, such as those for materials or parking, is mandated by the city or HOA at the project’s commencement, an additional charge will be applied to the project’s final invoice. This charge includes a rate of $125 per hour for our office to process the permit, secure necessary approvals, and cover the cost of the permit itself.

Insurance:

6.1 - If there is any property damage, personal injury or any other circumstance that requires insurance, please contact Aspenwood Landscape to resolve the situation.

6.2 - Aspenwood Landscape carries general liability insurance and workman’s comp at all times.