Terms & Conditions
Updated 10/16/2023
“Agreement” means these Terms & Conditions and the applicable Quotation.
“LLC” means Lambert Lawn Care LLC (a limited liability corp.)
“Client” means the external company or person to whom LLC is supplying products or services to, is not an employee or part of LLC and the party to whom the enclosed Quotation is addressed.
2. Proposals:
Any Proposal (Quotation or Estimate) from LLC will be in effect for 30 days from the date of the quotation. A signed quotation and 30% deposit is required to schedule all projects.
All material prices are subject to adjustment and requote to then current prices up to the date of installation.
Upon Proposal execution, these terms and conditions replaces and supersedes all previous agreements or contracts. In the event of significant changes in conditions or property modifications, the estimate may be revised accordingly at such time that conditions may have changed. If the price of gasoline exceeds $3.50 per gallon, the Company reserves the right to add a fuel surcharge as appropriate to cover the additional costs.
After 30 days, all executed Proposals will require re-submission. LLC reserves the right, in its sole discretion, to withdraw Proposals any time. If quotation termination date has occurred, LLC may alter, revise and/or re-price the quotation.
3. Invoicing and collections:
Client shall pay agreed amounts net 30 days from invoice date, unless otherwise specified. Invoices are generally issued within 24 hours of service completion. All quotations are valid for 30 days. LLC care reserves the right to apply a finance charge of one and a half percent (1.5%) per month on outstanding balances over 30 days. All snow removal activities are billable Per Occurrence and will be performed in accordance with these specifications (See “Snow” specific terms and conditions below)
The Client agrees to pay all finance charges, collection and/or attorney's fees in the event that outside collection sources become necessary. Payments not received by the due date may result in interruption, suspension or cancellation of services. Should any interruption, suspension or cancellation be implemented as a result of late or missed payments, LLC is not liable for site safety after notification has been tendered.
4. Confidential Information:
“Confidential Information” means information designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure, including but not limited to Proposals, Estimates, Quotations, LLC Standard Operating Procedures, Terms and Conditions, Company Presentations, and other such documentation. These may include commercial, financial, marketing, business, know-how or other information pr documentation related to LLC Prequalification, Q-Scores, CT DAS or other related services. LLC and Client shall hold in strict confidence each other’s Confidential Information and shall not disclose such Confidential Information to any third party or use such Confidential Information other than as permitted in this Agreement.
The obligations of confidentiality and non-use described above shall not apply to any information that (a) was known to the recipient prior to receipt of such information; (b) is or becomes publicly known through no fault of recipient; (c) is received with an obligation of confidentiality from a third party owing no obligation of confidentiality; or (d) is independently developed by a party without the use of the other party’s Confidential Information.
5. Relationship:
The relationship of the parties is that of independent contractors. This Agreement does not create a joint venture or partnership between the parties. Neither party nor that party’s employees shall be deemed to be an employee, agent, or representative of the other party.
6. Staff:
Client is hereby contracting with LLC for the services described within the agreed upon Quotation/Proposal/Estimate and LLC reserves the right to determine the method, manner and means by which the services will be performed. LLC is not required to perform the services during a fixed hourly or daily time subject to the Client’s security or access requirements.
LLC hereby confirms to the Client that the Client will not be required to furnish or provide any training to LLC to enable LLC to perform the services required hereunder. LLC, or LLC’s staff shall perform the services, and the Client shall not be required to hire, supervise or pay any assistants to help LLC perform the services under this agreement.
LLC shall not be required to devote the full-time application of LLC’s staff to the performance of the services required hereunder, and it is acknowledged that LLC has other clients, and offers services to the general public. The order or sequence in which the work is to be performed shall be within the sole discretion of LLC.
The Client shall not be required to provide any insurance coverage of any kind for LLC or LLC’s staff, and Client will not withhold any amount that would normally be withheld from an employee’s pay. LLC shall take appropriate measures to ensure that staff members performing Services are competent.
Each of the parties hereto agrees that, while performing Services, and for a period of twelve (12) months following final delivery of services neither party will, except with the other party’s prior written approval, solicit or offer employment to the other party’s employees or staff engaged in any efforts under this contract. The restrictions regarding non-solicitation of employees will not apply in the case of an employee who responds (without specific solicitation) to a general solicitation through newspapers or other publications of general circulation, posting on a party’s website, placement agencies or similar means.
7. Disputes:
Any disputes that arise between the parties with respect to performance shall be submitted to binding arbitration by the American Arbitration Association, to be determined and resolved by said association under its rules and procedures in effect at the time of submission and the parties hereby agree to share equally in the costs of said arbitration. The place of arbitration shall be Hartford, Connecticut. The final arbitration decision shall be enforceable through the courts of the state of Connecticut or any other state in which the Client resides or may be located. In the event that this arbitration provision is held unenforceable by any court of competent jurisdiction, then this contract shall be as binding and enforceable.
8. Taxes:
Any and all taxes, except income taxes, imposed or assessed, including but not limited to sales or use taxes, shall be paid by the Client. Client and LLC specifically agree that LLC is not an employee of Client, and LLC shall not be responsible for any taxes or penalties assessed by reason of any claims that LLC is an employee of Client.
9. Liability:
LLC’s liability shall be limited to an amount not to exceed the amount received from Client for the current contract SOW as liquidated damages and not as a penalty. In no event shall DAA be liable for special or consequential damages, either in contract or in tort, whether or not the possibility of such damages has been disclosed to LLC in advance or could have been reasonably foreseen by LLC. In any and all events, this Liability section is Client’s sole and exclusive remedy and LLC’s only and sole liability for any claim, regardless of the form of action. Notwithstanding the foregoing, this section does not limit the liability of LLC in the event of a breach of Client’s confidential information or in the event of gross negligence or willful misconduct on the part of LLC. Any claims must be brough within the warranty period or within one year of project completion, whichever is shorter. All claims will be resolved via arbitration as outlined above.
10. Indemnification:
Client will indemnify and Hold Harmless LLC for any claims except where the claims arise out of the gross negligence of the contractor.
11. Schedules:
Per the Proposal or as mutually agreed in writing between Client and LLC.
12.Maintenance and Service Call Support:
Is an additional charge and handled on a Time & Materials basis unless otherwise agreed in advance. LLC shall provide maintenance and service call support oat the rates specified in the Quotation. For the avoidance of doubt, maintenance service all support do not include any activity not specifically called out in the Quotation.
13. Travel:
All Travel related expenses will be outlined in the proposal.
14. Client Responsibilities:
All special and required Client responsibilities, beyond those outlined herein, will be clearly outlined in the Proposal. Failure to provide these services will result in additional costs or withheld services. Any additional costs applied and invoiced on a time and materials basis at LLC’s standard daily rate. Any such costs will be communicated to the Client in writing.
15. Utilities, Digging and Concealed Conditions
Dig Safe Utility Service will be notified prior to any Lambert’s Lawn Care, LLC installation project for the purpose of marking underground utilities (gas, electric, phone, and water). Every effort will be made to avoid damaging underground utilities. Despite Lambert’s Lawn Care’s best efforts, a utility service may be disrupted. It is the responsibility of the property owner to advise LLC of any underground utilities, tanks, fields, wells, cables, underground sprinklers, drain lines, invisible fences, or any other hidden/unknown system(s) via an accurately mapped by the authorizing party and a copy is presented before the work is performed. That withstanding, LLC will not be responsible for damage to the telephone, electric, gas, or water lines if they are not located at the markings. Furthermore, LLC will not be held responsible for damage to invisible fences, irrigation systems, television, cable, or private utilities, such as electric lines to lampposts, outdoor lighting, etc. if not properly marked. Fees to repair any damage will be the responsibility of the client. Non-public utility lines can be marked by the contractor who installed them.
Upon excavation of the jobsite, if conditions are encountered which below ground or otherwise concealed physical conditions differ materially from those indicated in the contract, or below ground physical conditions differ materially from those typically found at other similar sites, you will be notified. If the uncovered conditions are seen as substantial enough and cause an unanticipated increase in Lambert’s Lawn Care’s costs to perform under the term of the contract, Lambert’s Lawn Care will recommend an equitable adjustment in the contract price. This includes and is not limited to ledge, large boulders, clay-like soil conditions, buried tree stumps, etc.
16. Damage to Driveways, Sidewalks & Lawns
LLC will attempt to minimize all disturbances to the property. However, LLC must utilize heavy vehicles and equipment to perform the specified work. While protective measures and care will be employed to the greatest extent possible LLC is not responsible for unavoidable damages to driveways, sidewalks, hardscape, lawn, turf, and other yard landscape.
General:
Snowplowing, Shoveling (if contracted) Sanding and Salting Operations are performed with an understanding that these services are provided under Extreme weather conditions. It is our intention to provide these services to the best of our ability in a professional, productive, and timely manner.
The terminology used in this contract "To the best of our ability", "As safe as possible", and "To open the roads", does not imply the Contractor is stating that it can provide a 100% snow and/or ice-free environment before, during, or after a snow or icing event. By entering into this agreement, Client recognizes same.
The terms of the agreement for snow and ice removal/treatment services provided by LLC are as follows:
LLC will provide all necessary labor, materials, tools, equipment and supervision to provide snow/ice removal at the above-mentioned location for the period outlined on the LLC Proposal
Scope of Work:
i. Markers: The contractor shall install marker stakes at all sidewalks (In areas deemed necessary by the contractor), curbs where possible, fire hydrants, catch basins, and any other areas deemed necessary to perform the services of this contract at a cost of ($ Enter amount) per stake. The completion of this task is a precautionary measure only. This is in no way a guarantee that curbs and sidewalks will not be hit with equipment or damaged.
ii. Snow Pushing: LLC will push show from drives (When required), parking areas, (When accessible), roads, and walks to the best of its ability.
iii. Timing: Removal and clearing of snow and ice at building entrances, walks, and driveways will commence after the snowfall has ceased and will be completed within (8) hours of the end of the snowfall (Additional time will be required for extreme snowfall conditions of 10" or more). If walk and stairs shoveling is a contracted option, it is understood that sidewalk crews cannot work safely in temperatures and/or wind chill factors of fifteen degrees Fahrenheit or less.
iv. Unsafe Conditions: Client agrees that LLC reserves the right to stop working in these severe and unsafe weather conditions, (without penalty), so as not to force unsafe working conditions upon our employees.
v. Mid-Strom Activity: When snow is falling during large snowfalls or blizzard conditions, LLC in its discretion, may commence snow removal activities on walks, steps and drives before the snowfall has stopped. The contractor is not responsible for any claims arising during an active weather condition (Meaning falling precipitation such as snow, freezing rain, sleet, etc.) Client agrees to defend and indemnify LLC for any claims arising during this period.
vi. Less than 2”: Snow removal for any accumulations of less than two (2") inches as well as treatment of Ice Storm accumulations, must be specifically requested by Management at Client or a designated individual empowered to made such decisions for Client.
vii. Unapproved Services Note: Under certain circumstances, the LLC may perform and be paid for snow and/or ice removal/treatment without approval if existing and/or future weather conditions pose a liability to LLC, and LLC is unable to obtain approval for such activity for from Client or its designated representative. If such activity is undertaken by the contractor, said activity does not place a duty upon LLC to make a determination when such action is appropriate. As set forth in this agreement, Client bears sole responsibility to request the services of LLC other than those times when same is required under this agreement.
viii. Ice-Melt Notes: LLC will automatically provide and apply ice melt materials as necessary for all contracted areas after any snow event over 2" at an additional cost (Set forth above). Ice melting will be limited in any areas where parked cars, garbage cans, recycling bins, etc., obstruct the application of ice melting materials.
ix. Uncured Concrete: All materials used for sidewalks are labeled as concrete safe for all properly cured concrete. If such areas within the Client's property are not properly cured, it is the Client's responsibility to inform the contractor of such areas. Treatment for roads and parking lots may cause damage to concrete areas such as curbs and/or mailbox and bus stop pads.
x. Additional Loader Operations: When necessary, Loader operations for excessive snow removal (Blizzard conditions and Government declared "State of emergency") will be supplied without approval at an additional fee. Snow removal services (Including Loader operations) shall be provided on a time and material basis at the rates listed in the Proposal.
xi. Sand: While LLC standard policy is not to use sand, If sand is required to treat certain conditions, all sand will be picked up and removed (by means of blowing and/or hand pick-up) from all streets, parking areas, walks and grass areas at an additional charge at a Time & Materials charge.
xii. Basins & Hydrants: All catch basins will be cleared of snow and ice during the contractor's snow removal activities in an attempt to prevent flooding. Additionally, access to fire hydrants will be provided.
xiii. Parked Cars: LLC is not and cannot be held responsible for snow removal around or between cars that have not been moved during the time in which services are provided. As such, LLC is not responsible for providing snow removal between cars and for snow or ice conditions that remain around parked cars. In addition, LLC is not responsible for any conditions or damages that are caused by the result of an individual cleaning the snow off-of their vehicle after the roads and or parking lot has been cleared and treated. LLC will also not be responsible for any personal injury or property damage caused by conditions between parked vehicles, regardless if they were moved during clearing services.
xiv. Parked Car Spacing for Plowing: With regard to the parking area(s), LLC will not remove snow between two vehicles unless there is sufficient space to safety operate a snowplow. Sufficient space requires at a minimum, two open parking spaces between vehicles. If this sufficient space is not provided, LLC will not remove snow and ice between vehicles and will not be held responsible for any claims arising from those areas. Additionally, LLC will plow no closer than one (1') foot from all vehicles. LLC will not remove snow around such vehicles located on the Client's property. It is the responsibility of the Client and/or vehicle owners to remove snow from around and on their vehicles. LLC is not responsible for snow and ice accumulation caused by vehicle owners throwing snow into the parking lot and/or onto walkways.
xv. Resident Notification: We will at no time knock on doors and/or use hour horns to notify residents of our presence. It is the Client's responsibility to ensure that all obstructions are removed to allow us the opportunity to perform snow removal/treatment at the location in question.
xvi. Inspections: LLC will inspect to ensure that all drives (Where applicable), parking areas, and walks have been properly cleared, after completion of the job and before leaving the site. LLC will return to the site between 10 AM and 12 PM the following day to check and clear, where applicable, drives and parking areas that were once occupied during LLC initial snow removal activities. Under extended blizzard conditions, the return time will vary due to the length of the snowfall.
xvii. Per Occurrence De-Ice: Under a per occurrence contract, de-ice control products will be additionally charged. The need for ice control products for all occurrences under two (2") will be determined by the Client. After each "Plowable" occurrence, ice melt products will be automatically applied and charged for accordingly. Under certain conditions such as ice storms and/or extended snowfall occurrences, more than one application of ice control products will be applied and charged for accordingly.
xviii. Standard Ice Melt Treatment: Ice Melt treatment is limited to pre and post storm as determined by LLC sole discretion. LLC assumes no responsibility for the determination of the necessity for de-icing operations. Although under certain conditions such as prolonged icing or freezing rain, the contractor reserves the right to provide de-icing without approval and charge accordingly.
xix. Refreeze & Black-Ice: The contractor is not responsible for addressing refreeze scenarios that unless specifically instructed to address said condition by the Client. Said determination is left to the sole discretion of the Client. Client understands that LLC will not be held liable for melting snow and ice that refreezes, also known as black ice, between or after services to the property have been performed. The Client expressly agrees to defend and indemnify LLC for any claim for personal injuries or property damages due to a refreezing scenario.
xx. Snow Drifts: After services are completed, under no conditions will LLC be held responsible for windy or changing weather conditions that force snow drifts over roads, parking stalls, walks, and steps. If and when additional services are required, they will be provided at a time and material basis at prices listed below.
xxi. Snow Relocation: Due to property layouts, it may be necessary at times to place snow in areas such as unmarked parking spots and turf areas between the parking lot and a sidewalk. If at any time it is requested that piled snow be removed from such areas, it will be additionally billed at the rates outlined in the Proposal.
xxii. Liability & Indemnification: At no time will the contractor be liable for personal injury or property damage caused by changing winter weather conditions before, during or after the snow/ice clearing work has been performed. If the Client chooses not to have the contractor perform services for any reason, or the Client the contracting agent agrees to defend, indemnify, and Hold Harmless LLC. If the Client places any limitations on LLC, or requests limits on any service recommended to you by said contractor, the Client agrees to defend and indemnify LLC, its agents, employees, and subcontractors from any and all liabilities which may arise.
xxiii. Ice Storms Additional Charge: For all "Ice Storms" the Client agrees to pay additional time and material charges for necessary pre-salting, additional de-icing for melting of excessive ice accumulation, under 2" removal services for slush clearing, and post de-icing material.
xxiv. Vehicles: LLC can only successfully plow the common roads and parking areas with the cooperation of all the residents/workers/visitors. To that end, the Client understands that it is the Client’s responsibility to ensure that all vehicles or any other on-site objects or obstructions are moved as needed when our crew and equipment are on location. We are not responsible for areas where vehicles or any other objects or obstructions have not been moved. LLC will not be responsible for any damage caused to vehicles that are illegally parked.
xxv. Slippery Surfaces: Client understands that snow plowing may cause surfaces to be slippery. Client also understands that despite application of sand, salt or ice melt to slippery surfaces, slip-and-fall hazards may still be present. Therefore, Client agrees to indemnify and defend LLC from any and all claims and lawsuits that may occur as a result of LLC performing duties under this agreement.
xxvi. Overhead Drainage: Client understands that LLC will not be held liable for freezing or black ice conditions that may result from improper drainage of roofs, overhangs, eves or anything resembling or acting as a car port, garage or drive-thru window. This includes but is not limited to improper downspouts, leaks caused by ice dams, snow which has fallen from roofs of any of the fore mentioned, or any other defect or condition of the property that results in the accumulation of frozen water or ice. Client agrees to defend, indemnify, and hold harmless LLC from any suits or claims of any nature or kind that may arise due to this condition.
xxvii. Liability: (i) Client understands that LLC will not be held liable for any persons doing business or visiting the site under contract, for any reason, who choose not to use clearly marked parking or pedestrian areas including but not limited to walkways, parking areas, or handicap ramps. (ii) Client understands that LLC will not be held liable for improper footwear or attire worn by any persons visiting or doing business at the site which is under contract. Improper footwear is defined as any type of footwear whose design or components are unsuitable in slippery conditions caused by a combination of moisture and cold temperatures. (iii) Client understands that plowing of a particular location may not clear the area to bare pavement and that slippery conditions may continue to prevail even after plowing and/or the application of salt/sand & calcium chloride. Client understands that LLC assumes no liability for this naturally occurring condition. Client agrees to defend, indemnify, and hold harmless LLC from any suits or claims of any nature or kind that may arise due to this condition.
xxviii. Service Window: Client understands that LLC is not responsible for snow & ice management at this location on a 24 hour per day, 7 day per week schedule. Client understands LLC is only responsible for the snow & ice management of this property 24 hours before the storm and 48 hours after the storm has finished ended and snow plowing is completed per the contract. Client agrees to defend, indemnify, and hold harmless LLC from any suits, claims, or liabilities that arise out of events that may occur outside these contracted time periods for snow & ice management.
xxix. Damage & Repair: (i) Repair to excessive damaged lawn areas and shrubs will be included in this proposal only as specifically called out. LLC will repair any severely damaged areas with scalped, removed or rolled turf. Client understands that in order to clear snow off most surfaces, intrusion into lawn area is often unavoidable. Turf areas may experience turf burn from applied de-icing materials. LLC will repair excessive burn in excess of 5” of roadway/driveway. Repairs to landscaped areas will be completed by April 30, of each contract year. (ii) Snowplowing has the potential to damage asphalt surfaces including unsecured asphalt berm LLC will make every effort to preserve the integrity of asphalt-on-asphalt berm but will not be responsible for the loss of integrity in this circumstance.
The contractor, unless proven flagrantly negligent, will not be responsible for salt, calcium or plow damage caused to any sod, plants, shrubs, or trees. The contractor will not be responsible for any minor scratches or scrapes in asphalt, concrete or curbs. If severe damage is caused to the curbs (Large chunks in curbs or displaced curbs), the contractor will be responsible to have the curbs repaired or replaced.
xxx. Complaints: Any complaint regarding the snow removal/treatment performed by LLC must be reported to us in writing within 12 hours of LLC completing snow removal activities following the storm. This time period begins to run once LLC leaves the site following its snow removal activities immediately following the snowfall event. We will respond to and rectify the problem no later than eight (8) hours following receipt of the report. Such reporting may initially be made via phone, but must be followed up with a fax or e-mail memorializing the nature of the complaint, the time and date it was lodged, who lodged the complaint, and who the complaint was lodged with.
Failure to file a complaint regarding LLC services within this time period will constitute the Clients complete satisfaction with the snow removal/treatment services rendered by LLC.
Maintenance & Care: The Client is responsible for maintenance to ensure the longevity of each project. Polymeric Sand used to seal joints has a 2-year limited lifespan and needs to be replaced every 2 years. Hardscapes should be washed to remove all dirt, debris and growth from joints and resealed with polymeric sand semiannually. Failure to perform proper maintenance will allow water and other organic material to enter the joints and cause shifting, heaving and separation of the pavers or stones. In the event this maintenance is not performed, the warranty will be null and void.
Efflorescence, which is a naturally occurring process in all concrete products that sometimes appears in the form of a white powdery film on the pavement surface is not covered by this warranty. It does not, in any way, compromise the functionality or the structural integrity of the product. Efflorescence, often, cannot be prevented. Efflorescence will wash off over time naturally or can be cleaned with an efflorescence cleaner.
Warranty: Hardscape projects include 3-year limited warranty on all labor & workmanship. This warranty is strictly limited to contract work performed by LLC. LLC guarantees against settlement of pavers and walls, and from separation of wall units specifically resulting from LLC negligence. Damage or settling resulting from external factors such as vehicle or equipment abuse, or other factors outside of LLC control in not covered. Damage resulting from lack of Maintenance & Care, as outlined below, is also not covered. Extreme circumstances (including but not limited to fire, vehicular accidents, excessive flooding, excessive freezing) causing damage to work installed by Lambert’s Lawn Care, LLC are not covered under this or any other Lambert’s Lawn Care, LLC warranty.
Materials are covered by the specific manufacturer’s warranty which can be confirmed with the selected product.
In order to enforce the rights under this warranty, the owner must notify LLC of specific items LLC within 30 days of concern. LLC shall respond to such warranty request within 30 days unless an emergency is present. If LLC finds, in its reasonable judgment, the item or items requiring attention are covered by this warranty, it will promptly schedule the required repair and/or replace the defective materials or workmanship, at its sole cost and expense. As previously stated, if LLC finds such repairs have been made necessary by negligence or intentional misconduct, these will be at the Client expense.
The product and workmanship warranty shall be void if modifications, adjustments, or changes are found to have been made by any individual or entity other than LLC.
Replacements and/or repairs furnished under this warranty shall not carry a new warranty but shall carry only the unexpired portion of the original warranty provided.
No person is authorized to make any warranties other than those described above or to extend the duration of any warranties beyond the time period described above.
Ownership: the authorizing party warrants that all trees listed are located on the authorizing party's property, and, if not, that the authorizing party has received full permission from the owner to allow LLC to perform the specified work. Should any tree or property be mistakenly identified as to ownership, the authorizing party agrees to indemnity Lambert’s Lawn Care & Tree Service LLC. for any damages or costs incurred from the result thereof.
Stump Removal: Unless specified in the proposal, stump removal is not included in the price quoted. When performing stump grinding, standard grinding depth 4-6 inches below ground level, though we will be happy to grind deeper depth upon request, if feasible. Grindings and shavings from stump removal are not removed from site unless specifically called out in the proposal. Surface and subsurface roots beyond the stump are not removed unless specified in this proposal.
Plant Warranty: There is a 12-month limited warranty on installed the trees and shrubs if the Client waters the plant(s) for 90 days to maintain moist (not saturated) soil. Client must keep and present a watering log for presentation to LLC for the warranty to be honored. LLC will make warranty replacements during the optimum planting seasons: spring and fall. Typically, replacements will take place between May 1st through June 30th and September 1st through November 15th. LAMBERT’S LAWN CARE, LLC assumes no liability for replacement of plants killed or damaged by pests, insect infestation, abnormal weather conditions, or other conditions beyond our control, nor will we replace plants experiencing “seasonal die-back”, when pruning and proper care will restore them to health. LLC cannot warranty against weed growth in mulch or topsoil beds, due to the germination of dormant seeds prevalent in the soil. This warranty shall be void and will not apply to any plants which were originally installed by LLC then subsequently repaired, adjusted, moved or modified by an individual or entity other than LLC.
Overseeding & Slit Seeding: Slit seeding is designed and used to strengthen an already existing lawn but NOT transform a bare or extremely sparce lawn into a lush thick lawn. Although we ensure the use of the proper equipment, grass seed and fertilizer we do not guarantee results when as the Client is responsible for all watering (and fertilizing if suggested by LLC) per written instructions will be provided.
Hydroseeding and SOD: Lambert’s Lawn Care does not guarantee results from any lawn installation as it typically takes 2-3 years to take a new lawn from newly seeded to well established. We are not responsible for acts of God, such as large storms, floods, hurricanes, tornadoes, or torrential downpours that may wash away the seed or soil that are not foreseeable via the National Weather Service seven-day forecast at the time of installation. https://forecast.weather.gov/
Watering Instructions:
After initial application (spray) allow to dry completely. (Since seed as applied wet, it will begin germinating quickly).
Once hydroseed has dried (appearing much lighter in color) then begin watering such that the seed remains “damp” (not soaked!) during the first month.
Water according to the LLC provided “Daily Watering Log” provided. Short, more frequent waterings are more effective than heavy, less frequent waterings. Continue watering after the seed begins to grow until fully mature. (Yellow/brown color indicates grass is dyeing and needs more water)
A fully completed Daily Watering Log must be presented prior to the consideration of any Warranty Claims.
LLC is not responsible for any damage caused by Acts of God such as torrential downpours that are not forecastable via the National Weather Service 7 day forecast.
To ensure customer safety, property aesthetics and top-notch maintenance Lambert Lawn Care adheres to the following Standard Procedures & Notes. In the event the customer would like to modify any of these items we would be pleased to revise this proposal accordingly.
Standard Procedures & Notes:
1. Spring Cleanup:
a. Once per year
b. Includes dethatch.
c. Winter debris blown-off walks, driveways, roadways, parking areas & stoops.
d. Preexisting damage will be noted and communicated to the customer.
e. Remove leaves, trash, debris & plant material from:
Landscape beds
Wooded Beds
Bushes
Trees & Tree Rings (excluding needles)
Patios, under decks, rip-rap areas & window wells
f. Rear-unit beds excluded.
g. Power edge beds & rake mulch back into beds
h. Power edge all walkways & curb lines.
i. Roundup all beds
2. Fall Cleanup:
a. Falling leaves collected during regular mowing.
b. Completion by Thanksgiving (any leaves collected after Thanksgiving are an additional service or can be deferred to the Spring Cleanup)
c. Include beds, window wells, decks, stoops, roadways, parking & driveways.
d. Final mowing height will be 2”.
3. 28 total site visits/year (total of mowing, weed control, trimming, edging, spring & fall cleanups)
4. Hedge Trimming
a. Hedges with cars parked too close will not be trimmed.
b. Trimmings will be collected by driving collection vehicle over the property/lawns. (Manual hauling is an additional service)
c. Maintenance pruning only (Correctional pruning is an additional service)
d. One years’ growth
e. 6” away from buildings
f. Building fronts only (no rears)
g. Bushes will be trimming pre or post budding only.
5. Tree Pruning:
a. Suckers will be trimmed during mowing or regular maintenance visits to head height.
b. Low hanging branches trimmed to head height.
c. Dead limbs will be trimmed/cut as reachable without ladder.
d. Dead limbs are limited to 2” in diameter.
5. Mowing:
a. Side discharge during normal-growth season
b. Bagging during high-growth season
c. Trash & debris removed prior to mowing.
d. Mow at 3” high-growth season & 3.5” during normal-growth season
6. Trimming & Edging:
a. Whole site will be trimmed as deemed necessary by LLC.
b. Vertical or horizontal only (no scaling)
c. Sidewalks edged as deemed necessary by LLC.
8. A weekly checklist of services performed will be sent to client and shall include.
22. Publicity:
LLC reserves the right to use Client name and Logo in advertising and marketing materials.
23. Force Majeure:
Neither party shall be under any liability for loss or for any failure to perform any obligation hereunder due to causes beyond its control including without limitation industrial disputes of whatever nature, power loss, telecommunications failure, acts of God, or any other cause beyond its reasonable control.
24. Entire Agreement:
This Agreement constitutes the entire agreement between the parties on the subject hereof and supersedes all other prior or contemporaneous agreements, pre-printed terms and conditions on Client’s purchase order, negotiations, representations and proposals, written or oral. LLC and Client have not relied upon and agree they will have no remedy arising from any statement, representation, warranty or understanding (whether negligently or innocently made) of any person other than as expressly set out in the Agreement. The terms of this Agreement will prevail over any conflicting terms of any purchase order or any other instrument of Client, it being understood that any purchase order issued by Client will be for Client’s convenience only and any terms and conditions therein are of no force or effect hereunder. This Agreement may not be modified except in a writing signed by authorized representatives of LLC and Client.
25. Notices:
Notices relating to this Agreement will be in writing and sent to the party’s address as specified in the applicable Order Form, Purchase Order or SOW. A party may change its address for receipt of notice by delivery of written notice to the other party.
26. Severability:
If any provision of the Agreement is deemed to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect and the parties will promptly amend the Agreement or the Agreement will be deemed to be amended to give effect to the stricken provision to the maximum extent possible.
27. Applicable Law:
This Agreement shall be governed by the laws of the State of Connecticut, without regard to the conflicts of law principles thereof, and any legal proceedings brought to enforce this Agreement shall be brought in Hartford County.
28. Assignment:
This Agreement may not be assigned by either party without the prior written consent of the other party, except that LLC may assign this Agreement without Client’s consent (a) to an affiliate of LLC, (b) to a successor in interest by way of merger or by acquisition of all or substantially all of LLC’s assets to which this Agreement relates. This Agreement shall be binding upon and inure to the benefit of the permitted heirs, successors and assigns of the parties hereto.
29. Breach & Termination:
For Convenience: either party request to cancel this contract for any reason or no reason with 30-day written notice. After written notice is provided, the contract will be pro-rated and the Client will be charged for completed services only and made payable to the date of termination of this contract.
For Cause: Either party has the right to terminate this Agreement for cause at any time upon ten (10) business days written notice for a breach or suspected breach that remains uncured 10 business days after receipt of such notice. Upon termination of this Agreement, Client destroy all copies of LLC Confidential Information, and certify the removal and destruction in writing to LLC. No refund or credit will be given as a result of termination. Termination of this Agreement will not relieve Client’s obligation to pay fees owed or adhere to other survivable sections this Agreement.