A non-refundable deposit of 50% of the total job cost is due at signing. The remaining 50% is due upon completion.
ACCEPTED: The prices, specifications and conditions are satisfactory and are hereby accepted. Tommy Pollina Landscape Company, Inc. is authorized to do the work specified. Customer has read and agrees to the Terms and Conditions. I agree that any additional labor and/or material above this written proposal is an extra charge. Tommy Pollina reserves the right to attain a permit. If permit work required, an administration processing fee plus the cost to attain the permit will be added to the final invoice. Credit card payment may be subject to processing fee.
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BRICK & STONE GUIDELINES
Preparation for all brick and stone work is as follows:
- Phase I: Excavate between 7-13″ below grade and dispose of excess soil. This provides a setting for the gravel base, which will protect your patio, walkway, or driveway from heaving and uneven settling.
- Phase II: Installation and compaction of base materials. Install CA-6 (Grade 9 crushed stone) and compact at 3″ lifts to ensure proper compaction. Base shall be sloped away from structures for drainage purposes at 1″ slope every 10′ (exact slope may vary due to site conditions).
- Phase III: Spread limestone screenings at 1/2″ depth directly on top of compacted base.
- Phase IV: Pavers are cut and laid on limestone screening. Small gaps in between the pavers are normal and provide space for the jointing sand installed between pavers.
- Phase V: Edge restraints are installed along outside edges to prevent pavers shifting. Edging is then secured with 12″ galvanized nails.
- Phase VI: Fine-grain or polymeric sand is swept between joints to lock pavers together and create a durable surface.
- Phase VII: Restore any damaged areas adjacent to new brick or stone installation. Replace damaged grass with seed.
LIMITED WARRANTY. TPLC WARRANTS TO THE CUSTOMER THAT THE GOODS SOLD HEREUNDER ARE FREE FROM WORKMANSHIP DEFECTS UNDER NORMAL USE. THIS WARRANTY SHALL BE IN EFFECT FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF COMPLETION OF THE INSTALLATION OF THE GOODS AND ON SETTLING OF 1/2 INCH OR MORE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION HEREOF. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED BY TPLC. WE ARE NOT RESPONSIBLE FOR ANY SETTLING DUE TO OVERDIGGING BY EXCAVATORS. WARRANTY IS NULL AND VOID IF FINAL INVOICE IS NOT PAID IN FULL WITHIN 30 DAYS OF ISSUANCE. BY SIGNING THIS CONTRACT YOU AGREE FOR PICTURES TO BE TAKEN AND BE USED BY OUR STAFF.
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DRAINAGE GUIDELINES
- Solid PVC is buried and then backfilled using soil from excavation
- Perforated PVC is covered with filter fabric, buried, surrounded by rock and
then backfilled using soil from excavation - If low spots exist in yard, only regrading of entire yard will minimize puddling
- All PVC used is SDR 35, SDR 26 will be an additional cost
- Any excess soil will be removed and disposed unless stated otherwise
- Any disturbed areas will be seeded
Area being excavated may compact with time. We CANNOT guarantee that the area will not settle
LIMITED WARRANTY. TPLC WARRANTS TO THE CUSTOMER THAT THE GOODS SOLD HEREUNDER ARE FREE FROM WORKMANSHIP DEFECTS UNDER NORMAL USE. THIS WARRANTY SHALL BE IN EFFECT FOR A PERIOD OF ONE (1) YEAR FOR DRAINAGE MATERIALS FROM THE DATE OF COMPLETION OF THE INSTALLATION OF THE GOODS. WARRANTY IS FOR ONE TIME REFUND OF AFFECTED MATERIAL COST ONLY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION HEREOF. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED BY TPLC. WARRANTY NULL AND VOID IF FINAL INVOICE IS NOT PAID IN FULL WITHIN 30 DAYS OF ISSUANCE. BY SIGNING THIS CONTRACT YOU AGREE FOR PICTURES TO BE TAKEN AND BE USED BY OUR STAFF.
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PLANT MATERIAL
LIMITED WARRANTY. TPLC WARRANTS TO THE CUSTOMER THAT THE GOODS SOLD HEREUNDER ARE FREE FROM WORKMANSHIP DEFECTS UNDER NORMAL USE. THIS WARRANTY SHALL BE IN EFFECT FOR A PERIOD OF ONE (1) YEAR FOR PLANT MATERIAL FROM THE DATE OF COMPLETION OF THE INSTALLATION OF THE GOODS. WARRANTY IS FOR ONE TIME REFUND OF AFFECTED MATERIAL COST ONLY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION HEREOF. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED BY TPLC. WARRANTY NULL AND VOID IF FINAL INVOICE IS NOT PAID IN FULL WITHIN 30 DAYS OF ISSUANCE. BY SIGNING THIS CONTRACT YOU AGREE FOR PICTURES TO BE TAKEN AND BE USED BY OUR STAFF.
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Terms and Conditions
In these Terms and Conditions, the “Seller” means Tommy Pollina Landscape Company, Inc., or any of its subsidiaries or divisions by which the services are provided and/or goods are sold and/or installed. The “Buyer” means the Customer identified on the front of this Agreement. These Terms and Conditions shall apply to each and every transaction between Seller and Buyer and shall govern the relationship between the parties for any and all orders placed by Buyer. It is a basic assumption of this Agreement that the services and goods involved are those delivered to Seller under its existing contracts with its suppliers.
BUYER REQUIREMENTS. Buyer’s failure to adequately describe the location of the installation area, or improperly marked subsurface lines including, but not limited to, invisible dog fences, security lines, irrigation or lighting systems, gas barbecue lines, pool equipment lines, and fiber optic lines. Buyer agrees to protect, defend, hold harmless and indemnify Seller, its officers, directors, and employees from and against any and all claims, actions, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal costs, punitive damages, consequential damages and/or penalties, arising out of any actual or alleged damage to any property or injury to person, resulting or claimed to result, in whole or in part, from any actual or alleged location of the installation of the goods. Buyer shall pay all fees and expenses in connection with obtaining permits or permissions which may be required by the municipality, local governmental authority or utility companies in which the work is being completed. Buyer represents and warrants that Buyer is the owner of the property, or has received authority from the owner of the property, and has the authority to enter into this Agreement.
DATES. All dates scheduled for installation may be changed by Seller at Seller’s sole discretion.
WARRANTY CLAIMS. In the event of any warranty claim Seller shall respond to such claim in a commercially reasonable time period as determined by Seller. No claim for defective goods will be honored unless Seller has been afforded the opportunity to inspect the allegedly defective goods and has verified said defect. Upon verification, the defective goods will be repaired or replaced, at the sole option of Seller, without charge to the Buyer. The limited warranty contained on the front side of this Agreement is void and will not apply in the event Buyer in any way abuses, misuses or fails to properly care for the goods, the goods are damaged by flooding, storm, wind, fire or cold irrigation, damage due to restrictions imposed by state or local governmental authorities, or damage due to vandalism.
LIMITATIONS ON BUYER’S REMEDIES. In as much as the value of the goods sold hereunder may be substantially disproportionate to the value of Buyer’s property, and for the express purpose of limiting the liability of Seller and the remedies available to Buyer to an extent which is reasonably proportionate to the commercial value of this transaction, Buyer and Seller agree that in keeping with the course of performance and dealing, usage of the trade, and the accepted practice of Seller, Seller’s liability to Buyer or to any party claiming through or on behalf of Buyer, with respect to any claim or loss arising out of this transaction or alleged to have resulted from an act or omission of Seller’s negligence or otherwise, including failure to deliver, delay in delivery, or breach of warranty, shall be limited to an amount equal to the purchase price of the services and/or goods paid by the Buyer to the Seller less the fair market value of the goods in Buyer’s possession with respect to which such liability is claimed or, where appropriate and at the option of Seller, to replacement of the goods or replacement and pickup of the goods. In no event shall Seller be liable for consequential or incidental damages, losses, or expenses arising out of this transaction. No action, regardless of form, arising out of the transactions under this Agreement may be brought by Buyer more than one year after cause of action has accrued.
PRICE. (a) The price is payable in U.S. currency and payable pursuant to the schedule of payments set forth on the front side of this Agreement. The price to be paid shall not be subject to any discount or reduction, except as agreed in writing by an authorized officer of the Seller. (b) Payment shall be made at the time specified on the face hereof. If timely payment is not made, the Seller in addition to its other legal rights, may charge to the Buyer: a 7.5% per month late charge (minimum $25.00) on all past due invoices. You also acknowledge that you are responsible for all costs of collection, including reasonable attorney fees and court costs. We reserve the right to discontinue services based upon unpaid invoices. We will notify you that we have taken such action to allow you to bring your account current.
PAYMENTS. The Buyer shall not be entitled to withhold payment of any amount payable under this Agreement to the Seller because of any disputed claim of the Buyer nor shall the Buyer be entitled to set off against any amount payable under this Agreement to the Seller any monies which are not presently payable by the Seller or for which the Seller disputes liability.
MEDIA RELEASE. Client hereby grants Tommy Pollina Landscape Company, Inc. (“Contractor”) the irrevocable, royalty-free right to photograph, film, and otherwise capture images of the work performed on Client’s property (“Project Photos”) and to use, reproduce, publish, and display such Project Photos in Contractor’s marketing and promotional materials, including but not limited to website galleries, social media channels, and advertising, without further notice to or compensation for Client, in perpetuity. Client acknowledges that all rights in the Project Photos belong solely to Contractor.
INCIDENTALS. Tommy Pollina Landscape Company, Inc. (“Contractor”) shall not be held liable for incidental damage to client property (e.g., irrigation systems, underground utilities, property, landscaping features, hardscapes, or personal items) that occurs during the normal course of service. “Normal course of service” includes, but is not limited to: site preparation, installation, removal, cleanup, disposal, equipment use, and other standard operational or maintenance activities. Exceptions to this clause apply only in cases of gross negligence or willful misconduct by Contractor.
IRRIGATION. Irrigation System Waiver of Liability: By engaging Tommy Pollina Landscape Company, Inc. (“Contractor”) to perform any landscaping, installation, maintenance, hardscaping, or related services, the undersigned client (“Client”) acknowledges and agrees that Contractor shall not be held responsible for any damage to underground irrigation systems, including but not limited to sprinkler heads, irrigation lines, valves, controllers, or associated components. Due to the nature of landscaping and construction work—which may involve excavation, the use of heavy equipment, andthe disturbance of surface and subsurface materials—the potential for incidental contact with irrigation infrastructure exists. While Contractor will make reasonable efforts to minimize any such occurrences, the Client understands and accepts that damage may occur as a byproduct of standard operations. The Client affirms that they have either disclosed the precise location of all irrigation components or understand that failure to do so further limits Contractor’s ability to avoid them. In all cases, the Client waives any and all claims for damages related to irrigation systems, and assumes responsibility for any repairs or costs associated with such damage. This clause applies to all services rendered by Contractor unless otherwise agreed to in writing by both parties prior to the commencement of work.
INSPECTION. Buyer shall inspect the goods at the place of delivery to the buyer. If the Buyer alleges that the goods or any part thereof are not in accordance with this Agreement and Buyer shall give written notice stating all defects on which Buyer proposes to rely to the Seller within seven (7) days after the arrival of the goods at the place of delivery, whichever event first occurs, and afford the Seller or its agent to inspect the goods, then Seller will accept Buyer’s rejection of such goods and Buyer shall set aside such defective goods for Seller and Seller may, at its sole option, cure the non-conformity by pick-up and replacing such goods within a reasonable time at the place of delivery as stated in this Agreement or pick-up such goods and credit Buyer with the invoice price thereof. Any and all inspections by Buyer shall at the Buyer’s sole cost and expense. The Buyer shall not return any of the goods to Seller nor shall Buyer withhold payment or deduct the cost of the alleged defective goods or any part thereof without Seller’s express written consent. The remedies afforded Buyer in this paragraph are in lieu of any other legal or equitable remedies including those set forth in paragraph 4 above. Buyer’s failure to inspect and/or notify Seller as provided above shall be deemed to be a waiver of any and all rights and remedies that Buyer may have with regard to any defect or nonconformity regarding the goods except for any latent defect which would not have been discoverable upon reasonable inspection.
SELLERS REMEDIES. (a) In the event that Buyer breaches this agreement prior to Seller commencing installation, or within a reasonable period of time thereafter, and because the actual damages that Seller would sustain if Buyer breached their obligation under this Agreement are uncertain and would be impossible or very difficult to ascertain accurately, the parties agree in good faith, that the money deposited by the Buyer with the seller would be reasonable and just compensation for the harm caused by such breach. Therefore, Buyer and Seller agree that Seller may retain said sum as liquidated damages, and not as a penalty. (b) After said time, in the event that the Buyer fails to perform any of its obligations, the Seller shall be entitled to all legal and equitable remedies including those specified herein and under the Uniform Commercial Code. The seller shall have the right to withhold delivery and installation of any portion of the goods covered by this Agreement in the event the Buyer fails to make payment when due. Such action on the part of the Seller shall not release the Buyer from its obligation to accept and pay for such remaining portion of the goods if and when shipped by the Seller. (c) In the event the Seller should elect to pursue its remedies under Section 2-708 of the Uniform Commercial Code, damages shall be, at the Seller’s option, either equal to the difference between the market price at the time and place for tender and the unpaid contract price or equal to the profit that the Seller would have realized under this Agreement. In addition, the Seller may recover incidental damages which shall include but not be limited to cancellation fees or penalties imposed by its suppliers. Seller shall be entitled to recover all of its costs, fees (including reasonable attorneys’ fees) and expenses in pursuing any and all of its remedies against the Buyer.
FORCE MAJEURE. The Seller shall not be liable for any delay in delivery due to fires, strikes, disputes with workmen, war, civil commotion, epidemics, floods, accidents, delays in transportation, shortage of vehicles, shortage of fuel or other material, shortage of labor, acts, demands or requirements of the Government of the United States, or of any other State or Government, or to any other causes beyond reasonable control of the Seller or of the Seller’s supplier, notwithstanding that such causes of delay are operative at the time of making this Agreement, and the existence of such causes of delay shall extend the time of performance on the part of the Seller to such extent as may be necessary to enable it to make delivery in the exercise of reasonable diligence after the causes of delay have been removed. If the delivery of the goods is still prevented or hindered at the end of a reasonable period, the Seller may terminate any deliveries not made by giving notice to the Buyer and the Seller shall have no liability whatsoever to the Buyer in connection with any such deliveries not made.
TERMINATION. Seller may terminate this Agreement at any time: (a) without notice to Buyer, in the event Buyer shall breach any of the terms and conditions of this Agreement; (b) without notice to Buyer, if Buyer makes any assignment of assets, or if a trustee or receiver is appointed to administer or conduct Buyer’s business or affairs, or if a petition is filed regarding Buyer for the approval of a plan of reorganization or voluntary or involuntary bankruptcy, or if Buyer is unable to pay it’s debts as they become due. Such termination shall be without prejudice to any right vested in Seller at the date of such termination, and Seller’s existing rights and obligations under the provisions of this Agreement shall not be affected by such termination; or (c) at its convenience, either in whole or in part, by written, telegraphic or facsimile notice at any time. If this Agreement is terminated for convenience, any claim of Buyer shall be settled on the basis of reasonable costs it has incurred in the performance of this Agreement. Buyer may terminate this Agreement only after Buyer provides Seller written notice of its desire to terminate this Agreement and receives the Seller’s written agreement to such termination signed by an officer of Seller. In the event Seller agrees to allow Buyer to terminate this Agreement, Buyer shall pay a restocking fee to the Seller in the amount of 10% of the total purchase price and labor services provided by Seller to the date of termination.
CHOICE OF LAW. Each of the parties agree that all suits, actions or other judicial proceedings arising out of or relating to this Agreement shall be heard and determined in accordance with the laws of the state of Illinois, without regard to the conflicts of laws thereof. Whenever a term defined by the Uniform Commercial Code as adopted in the State of Illinois is used in this Agreement, the definition in said Uniform Commercial Code shall control. Each of the parties hereby: (i) irrevocably submits to the jurisdiction of the State of Illinois in the Circuit Court of Cook County for the purposes of any action or proceeding arising out of or relating to this Agreement or the subject matter hereof and brought by the other party; (ii) waives and agrees not to assert, by way of motion, as a defense or otherwise, in any such action or proceeding, any claim that (1) it is not personally subject to the jurisdiction of such courts, (2) the action or proceeding is brought in an inconvenient forum or (3) the venue of the action or proceeding is improper; and (iii) agrees that, notwithstanding any right or privilege it may possess at any time, such party and its property are and shall be generally subject to suit on account of the obligations assumed by it hereunder.