Terms & Conditions

1. Introduction

Welcome to Russell Landscape. These Terms & Conditions govern your use of our services and are designed to provide clarity regarding our practices and procedures. By engaging our services, you agree to comply with these terms. If you do not agree to these Terms & Conditions, you should not proceed with any services provided by Russell Landscape. We reserve the right to update or modify these Terms & Conditions at any time, and it is your responsibility to review them periodically.

2. Services Provided

Russell Landscape offers a comprehensive range of landscaping services, including but not limited to:

Landscape design and consultation

Installation of plants, sod, trees, and hardscapes

Irrigation systems design and installation

Xeriscaping and drought-tolerant landscapes

Concrete, pavers, and retaining walls

Outdoor lighting and electrical features

Maintenance services, including lawn care, pruning, and seasonal clean-ups

Customized outdoor living spaces, such as patios, fire pits, and water features

All services are customized to meet the specific needs of each client. The details of each project, including scope, materials, and timelines, will be outlined in a service agreement provided before work begins.

3. Service Agreement

Before commencing any project, a service agreement or contract will be drawn up and provided to the client. This document will include:

Scope of Work: A detailed description of the services to be performed.

Materials: A list of materials and products to be used, including any warranties associated with them.

Timelines: Expected start and completion dates, along with any milestones or phased work.

Costs: A breakdown of costs, including labor, materials, and any applicable taxes or fees.

Payment Schedule: A clear outline of deposit requirements, installment payments, and the final payment due upon completion.

Your acceptance of this agreement constitutes a binding contract. Any changes to the scope of work or materials must be documented in a written change order, which may result in adjustments to the cost or timeline.

4. Pricing and Payment

4.1 Estimates and Quotes:

Initial estimates and quotes provided by Russell Landscape are based on the scope of work discussed during the consultation. These quotes are valid for 30 days from the date of issue. After this period, Russell Landscape reserves the right to adjust pricing based on changes in material costs or availability.

4.2 Payment Terms:

A deposit of [insert %] is required before work begins, with subsequent payments due according to the schedule outlined in the service agreement. Final payment is due upon project completion and client satisfaction. Payments can be made via cash, check, or electronic transfer. Any late payments may incur interest charges of [insert %] per month.

4.3 Additional Costs:

Any changes to the original scope of work that result in additional costs, such as the need for extra materials, unforeseen site conditions, or client-requested modifications, will be communicated promptly. The client must approve any additional costs in writing before work proceeds.

4.4 Failure to Pay:

If the client fails to make payments as agreed upon in the service agreement, Russell Landscape reserves the right to suspend or terminate work until payment is received. Continued non-payment may result in legal action to recover outstanding amounts.

5. Project Timelines

5.1 Start and Completion Dates:

All project timelines will be agreed upon before work begins. While Russell Landscape makes every effort to adhere to these timelines, delays may occur due to weather conditions, material availability, or other unforeseen circumstances. The client will be notified of any significant delays as soon as possible.

5.2 Extensions:

If delays occur due to circumstances beyond our control (e.g., weather, supply chain issues), the timeline may be extended without penalty to Russell Landscape. Any such extensions will be communicated to the client in writing.

5.3 Early Termination:

If the client chooses to terminate the project before completion, Russell Landscape reserves the right to charge for all work completed and materials purchased up to the point of termination, as well as a termination fee if applicable.

6. Cancellation and Rescheduling

6.1 Cancellation by the Client:

If the client decides to cancel the project after the service agreement has been signed, they must notify Russell Landscape in writing. Depending on the stage of the project and the costs incurred, a cancellation fee may apply, which may include the cost of materials ordered or work completed.

6.2 Rescheduling:

If the client needs to reschedule the project, they must provide at least [insert #] days’ notice. Russell Landscape will do its best to accommodate the new schedule, subject to availability and other ongoing projects.

6.3 Cancellation by Russell Landscape:

Russell Landscape reserves the right to cancel or reschedule a project due to unforeseen circumstances, such as inclement weather, supply chain disruptions, or other factors beyond our control. In such cases, we will work with the client to reschedule the project or refund any payments made for uncompleted work.

7. Liability and Insurance

7.1 Liability:

Russell Landscape is committed to performing work to the highest standards of safety and quality. However, we cannot be held liable for any damage to underground utilities, structures, or pre-existing conditions that are not disclosed by the client before work begins. It is the client's responsibility to provide accurate information about the site, including the location of underground utilities, septic systems, or other hidden structures.

7.2 Insurance:

Russell Landscape carries comprehensive liability insurance to cover any damage or injury caused by our work. A certificate of insurance can be provided upon request. However, this insurance does not cover damage caused by external factors (e.g., severe weather) or client negligence.

7.3 Indemnification:

The client agrees to indemnify and hold harmless Russell Landscape, its employees, and subcontractors from any claims, damages, or liabilities arising from the project, except in cases of gross negligence or willful misconduct by Russell Landscape.

8. Warranties and Guarantees

8.1 Workmanship Warranty:

Russell Landscape offers a [insert length] warranty on all workmanship. This warranty covers defects in installation or construction but does not cover damage caused by improper maintenance, misuse, or environmental factors beyond our control.

8.2 Material Warranties:

Materials used in the project may come with manufacturer warranties, which will be passed on to the client. Russell Landscape will assist the client in making any warranty claims but is not responsible for warranty terms set by third-party manufacturers.

8.3 Plant Warranty:

All plants, trees, and sod are guaranteed for [insert length] from the date of installation, provided they are properly maintained. This warranty covers replacement due to installation issues but does not include damage caused by neglect, pests, or environmental factors.

9. Maintenance and Care

After the completion of the project, Russell Landscape will provide the client with detailed care instructions for maintaining the landscape. Proper care is essential to the longevity and appearance of your landscape. Russell Landscape is not responsible for any damage or deterioration caused by failure to follow these instructions, lack of maintenance, or extreme weather conditions.

10. Permits and Regulations

10.1 Permits:

It is the client’s responsibility to obtain any necessary permits or approvals required for the project unless otherwise agreed upon in the service agreement. Russell Landscape will assist in identifying the required permits and can facilitate the application process for an additional fee.

10.2 Compliance:

The client must ensure that the project complies with all local regulations, including homeowner association rules, zoning laws, and building codes. Russell Landscape will perform work to the best of our knowledge and abilities but cannot be held responsible for compliance issues if the client fails to disclose relevant information.

11. Use of Subcontractors

Russell Landscape may use subcontractors for certain specialized aspects of the project, such as electrical work, concrete installation, or tree removal. All subcontractors are carefully selected and held to the same standards of quality and professionalism. The client will be informed if any subcontractors are used, and Russell Landscape remains responsible for the overall quality of the project.

12. Force Majeure

Russell Landscape shall not be liable for any delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is due to events beyond our reasonable control, including but not limited to acts of God, war, strikes, labor disputes, pandemics, supply chain disruptions, or governmental actions. In such cases, the project timeline may be extended, or the service agreement may be modified as necessary.

13. Intellectual Property

All designs, plans, and materials created by Russell Landscape remain the intellectual property of Russell Landscape unless otherwise stated in the service agreement. These materials are provided for the client’s use solely within the scope of the project and may not be reproduced, distributed, or used for any other purpose without written permission from Russell Landscape.

14. Photography and Promotion

Russell Landscape reserves the right to take photographs and videos of the completed project for promotional purposes, including but not limited to our website, social media, and marketing materials. If the client does not wish to have their project featured, they must notify us in writing before project completion. Russell Landscape will respect the client’s privacy and remove or refrain from using any images upon request.

15. Dispute Resolution

15.1 Communication:

In the event of a dispute, both parties agree to attempt resolution through direct communication before pursuing any legal action.

15.2 Mediation:

If a resolution cannot be reached through communication, both parties agree to submit the dispute to mediation, with the cost of mediation to be shared equally by both parties.

15.3 Legal Action:

Should mediation fail, any legal proceedings must be brought in the jurisdiction of [insert location], and the prevailing party shall be entitled to recover reasonable legal fees and costs.

16. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of the state of [insert state]. Any legal action arising from these terms shall be subject to the exclusive jurisdiction of the courts of [insert location].

17. Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms & Conditions, together with the service agreement and any other documents incorporated by reference, constitute the entire agreement between the client and Russell Landscape. No oral representations or statements made by either party shall be binding unless expressly included in this agreement.

19. Contact Information

For any questions or concerns regarding these Terms & Conditions or any other aspect of our services, please contact Russell Landscape, LLC