FOXSCAPES TERMS AND CONDITIONS

 

This estimate is for the work listed only. Any additional request for work shall be put in writing on a “Separate Approved Quote.” Please note that requested additional work is subject to additional material and labor costs and will

be ADDED TO THE FINAL INVOICE.

 

• All projects scheduled within 3 months of anticipated start time require a minimum of 50 percent down to schedule a tentative start date and order materials. All projects scheduled 3 months out or longer from anticipated start time require a minimum of 25 percent down to schedule a tentative start date and order materials, 25 percent prior to starting and the remainder upon completion. Certain projects may require a customized payment schedule in which case your contractor will specify. Due to uncertainty of transportation, labor, and weather conditions, Foxscapes cannot be responsible for any delay and/or effects of delay in starting and finishing a project, however work will be completed in the order in which it is scheduled.

 

• Should a project come to a standstill due to a lack of supplies or poor working conditions due to weather or any other acts beyond our control, Foxscapes reserves the right to “fit in” additional work while waiting for conditions to improve or waiting for supplies to arrive.

 

• Customer is responsible for the health and watering of all plant material once it arrives on site.

 

• Plant and landscape material will be brought based on specifications in the landscape quote. Any changes to plant material post-arrival due to size, shape, color, etc. will result in additional fees situational to trucking and material reimbursement.

 

Existing Irrigation: Foxscapes is NOT responsible for any damage to

irrigation due to construction. Customer is responsible for accurately marking all above ground and underground irrigation components (these include lines, wires, heads, valves, boxes, controls, etc.) prior to Foxscapes commencing work. Foxscapes will make every effort to care for all underground irrigation, however

Since these items are not visible, Foxscapes assumes no responsibility for irrigation components that may incur damage during construction. Also, customers note that landscape construction could require adjustments to irrigation items following completion of work. Those adjustments are also the customer’s responsibility. Foxscapes will adjust sprinkler heads for an additional labor charge of $100/hr. Foxscapes will subcontract a service provider if needed during the project.

 

Tree & Shrub Guarantee: Foxscapes prides itself on using only quality plant nurseries for its plant material and takes great care in selecting, transporting, and installing said plant material. Where an automatic irrigation system exists, and is in proper working order, Foxscapes offers a (1) year full guarantee (from the date of planting) on all trees, shrubs, perennials, groundcovers and ornamental grasses installed by us. Should any tree or plant installed by Foxscapes fail to survive in its first year, we will gladly replace, one time, that plant material. Where there is not an automatic irrigation system (or one that is not in proper working order), Foxscapes does not offer any guarantee on any plant material installed by us. This plant guarantee will not apply to plants that die because of exposure to chemicals, animal damage, vandalism, fire, storms, hail, drought, insects, exceptional or untimely freeze, other acts of God, or by any other contingency beyond our control. Foxscapes will not be responsible for the plant survival if the plant is being transplanted on site or not from our nursery. 

 

Downspout Drainage Systems or Drainage Systems: Foxscapes provides a (3) year conditional guarantee on all downspout drain systems installed. This guarantee is void if the downspout drain system is not properly maintained and/or any alterations are performed by the customer without obtaining prior approval from Foxscapes. It is important to point out that this system does not eliminate all future flooding of any basement and/or crawlspace and water penetration of a structure’s foundation walls or floor in the future. Because we do not know what the soil structure is below grade and underground and cannot control water movement within and throughout the surrounding underlying soil surrounding the foundation and basement floor, there is no guarantee express of implied, by Foxscapes that the customer will not have water in their basement in the future after this drainage project has been completed. Although, a drainage system should help relieve a great deal of water pressure off the foundation of the structure during future storm events. 

 

• Drainage systems are not glued together so that the plastic pieces may move, flex, expand, and contract during the Winter and Spring freeze and thaw cycles. Because the drainage system is located within the “Frost Zone,” this helps prevent the system from breaking and cracking during Winter and Spring freeze/thaw cycles.

 

• Project includes a clean-outs/air vent to be installed at the beginning of each connection from downspout drop to drainage system for future use if ever needed (this also allows the air to escape in torrential downpours so the system can accommodate more water). The two residential sized downspout drops will be connected to a 4” drainage system, unless otherwise specified. Each residential downspout drop will have a clean-out/vent installed for easy access and future cleaning of pipes via router rooter and/or water jetting if needed. On long drain lines/runs, clean-outs/vents may be installed at a minimum every 35’ for future servicing.

 

• A 4” mini dry well wrapped with filter cloth to keep the dry well clean will be installed with stone in the bottom.

 

• Property owner is responsible for maintaining the drainage system. This includes keeping air/clean-out vents and dry well vents free of being covered by sod and free of debris inside the drainage system. It is also the responsibility of the property owner to maintain the eavestroughs and downspouts on their structures and keep them free of leaves and debris.

 

• It is important to note that installing this extensive drainage system and completing all drainage related work should help relieve a great deal of water pressure off the foundation of the house during any future storm events. Foxscapes does not guarantee that there will not be water related issues with the property due to power outages. If the sump pump does not have electrical power, then water cannot be evacuated from the property.

 

General Maintenance: Unless otherwise noted, general landscape maintenance is billed out at $85.00 per man per hour. General maintenance includes weeding, pruning, trimming, cutting back of plant material, edging, plant selection, material selection, debris removal, and spraying services.

 

Debris Removal: Unless otherwise noted, biodegradable debris removal (biodegradable debris is considered sod, brush, etc.) and disposal is billed at $25.00 per cubic yard (or at $45.00 per cubic yard for construction material). Construction material is considered concrete, wood, pallets or anything that must be disposed of at a licensed landfill. Construction material is considered to be material that cannot be burned or biodegraded.

 

Seeding: Hydro-seeding, slit-seeding, and drop-seeding are NOT guaranteed. Foxscapes does guarantee workmanship in preparing the site to be seeded. Foxscapes seed their projects very heavily, back rakes the seed into the soil, and spread the necessary E-Z Straw with Tackifier. Due to conditions beyond our control after we leave the site, Foxscapes does not guarantee germination rate, seed saturation or quality or quantity of seed growth.

 

Outdoor Landscape Lighting: Foxscapes provides a one year conditional guarantee on all outdoor low-voltage lighting installed by Foxscapes. This outdoor lighting guarantee is void if the system is not properly maintained and/or any alterations are performed by the customer without obtaining prior approval from Foxscapes. The outdoor lighting guarantee does not include light bulbs, light casings, or light covers.

 

Hardscape Installation Warranty: Foxscapes hardscape installation warranty

is as follows. Foxscapes warranties its workmanship for a period of (5) years from the finish date of project installation.

 

Foxscapes does not guarantee, express or implied, any movement in garden and/or retaining walls, steps, landings, seat walls, pillars, brick paver patios, concrete, or driveways due to the growth of tree roots near a project. Any

damage done to the previously listed materials will be repaired at a time and materials cost and appropriately billed to the homeowner. From the completion date of installation, Foxscapes guarantees their installation from settlement of pavers and wall, and from separation of retaining wall units for a (5) year period, under normal wear for which the product was intended, (i.e.: if you drive or run heavy equipment over the patio that was intended as a pedestrian patio, Foxscapes will not be held accountable.) This warranty is strictly limited to contract work performed only by Foxscapes.

 

The guarantee covers only new entire interlocking paver systems, except projects that experience any of the following during the (5) year warranty period.

 

• The warranty is void if alterations or changes are made to the paver system by anyone else other than Foxscapes.

 

• Foxscapes warranty does not cover naturally occurring efflorescence of pavers, stains (natural or man-made), or any damage due to uncontrollable circumstances.

 

• The warranty does not include dusting, neglected maintenance, pitting, staining, efflorescence, or weed growth.

 

• Foxscapes warranty is void if high-pressure water is used to clean the surface or joint lines of the pavers. Consult a Foxscapes representative before power washing.

 

• Warranty is void if new excavation, digging, or soil removal occurs within 4 feet of the finished paver system, as well as erosion that happens that is beyond our control from an act of God.

 

• Warranty is void if excavation and/or backfill done by another entity aside from Foxscapes occurred within the previous 4 years within 4 feet of new hardscape systems (Ex. pool backfill, septic tank, etc.)

 

• Tree roots from existing trees can damage or heave the interlocking paver system. We do not offer a warranty to protect the paver system or garden/retaining wall from damage or heaving caused by tree roots. Any damage done to garden/retaining walls, patios, porches, walkways, landings, seat walls, pillars, etc. will be repaired at a time and materials cost and appropriately billed to the property owner.

 

• Natural occurrences and acts of God are not covered by the warranty.

 

• Shifted or sunken pavers due to improper use such as vehicles, lawn mowers, tractors, or heavy equipment driving on or off the edges are not covered under the warranty.

 

• Late Payment: All final payments are due upon completion of the work. Late payments for paver or garden/retaining wall projects will result in the termination of the warranty.

 

• If a warranty claim is made, it must be submitted within the Foxscapes (5) year warranty period. Requested repairs are made by Foxscapes or one of our approved sub-contractors, and the cost of the repairs are covered by Foxscapes. If you wish to have another company make the repair(s), Foxscapes will not compensate you for the repair, and the warranty is null and void. All repairs by Foxscapes will be completed in a reasonable timeframe. Material color will be matched as close as possible if a repair is made but some variation in color may occur.

 

• All hardscape materials are warrantied as specified. All work is to be completed in a workmanlike manner according to standard industry practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written and signed orders and will become an extra charge over and above the original estimate. Any extra charges will be paid in full before work commences and any warranties are honored.

 

• Occasionally, Foxscapes installs drainage under a driveway, patio, or garden/retaining wall. Any warranty for drainage related work will fall under the drainage system warranty.