Terms Conditions Irrigation

Terms and Conditions –

Irrigation Installation/Service/Repair

FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS’ REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225.

**Fertilizer & Lawn Terms & Conditions available at www.oakshade.com/terms-conditions-fertilizer.html

**Irrigation Terms & Conditions available at www.taureansprinkler.com/terms-conditions-irrigation.html

**Landscape & Property Maintenance Terms & Conditions available at www.oakshade.com/terms-conditions-landscape.html

** Product information for Fertilizers, Weed Control, and other products available at www.oakshade.com/fertilizer-notification.html

**Customer accepts that company has proper insurance required – viewable at www.oakshade.com/insurance.html

**Town Pride Irrigation & Lawn and Taurean Sprinklers are divisions of Oakshade Nursery, Inc.

1. It is understood between customer and company that work of the nature proposed is weather dependant and can be delayed or prolonged by such.

2. The parties hereto acknowledge that all terms and conditions of this agreement are contained herein and neither party enters into this agreement based upon any verbal/written assurances before the execution of this agreement that are not contained in this agreement. By signing this agreement, customer is indicating that they have read this agreement & subsequent links, acknowledge its terms, understand its conditions, and agree to fulfill its terms and conditions. This proposal shall not be binding until executed by customer and by company – either by representative or via email communication/emailed estimate.

3. Customer accepts that signature and acceptance of this contract by Oakshade is assumed by the electronic email & communication here-in contained. Customer also accepts that services may overlap between divisions and that all terms and conditions may be applicable OR that some will not apply depending on services/projects they accept.

4. 2% interest per month, compound interest, and $45.00 per month late fee will be assessed on any balances; unless agreed to otherwise in writing and executed by both parties as a part of this proposal. If customer defaults by not paying, then Oakshade Nursery may bring a lawsuit for the collection of the remaining balance. Customer agrees that in this event, they are to pay amount due and owing plus any collection charges, administrative costs, legal fees & court costs associated with bringing lawsuit; in addition to any and all necessary costs to collect the balance. This agreement may be recorded in County Clerk’s office and a lien placed on the property; all costs associated with lien are responsibility of homeowner as well.

Oakshade Nursery is a corporation of New Jersey. Its offices are located at 434 Oakshade Rd; Shamong, NJ 08088. The person to contact regarding this agreement is ___Steven Zimmer__________ and can be reached at 609-268-1502.

NOTICE TO CONSUMER

YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER –

1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR

2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:

OAKSHADE NURSERY

434 OAKSHADE ROAD

SHAMONG, NJ 08088

(609) 268-1502

IF YOU CANCEL THIS CONTRACT WITHIN THE THREE-DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY. REFUNDS MUST BE MADE WITHIN 30 DAYS OF THE CONTRACTOR’S RECEIPT OF THE CANCELLATION NOTICE.

IN THE EVENT THREE (3) WORKING DAYS ELAPSE WITHOUT NOTICE OF CANCELLATION ARRIVING AT COMPANY FROM CUSTOMER IN WRITING, COMPANY SHALL BE FREE TO ORDER SPECIALIZED GOODS RETURNABLE, AND NON-REFUNDABLE; INCUR LABOR ASSOCIATED WITH THE ASSEMBLING OF SUCH GOODS; AND ANY COSTS INCURRED BY OTHER CONTRACTORS AS PART OF THIS AGREEMENT – OF WHICH CUSTOMER IS RESPONSIBLE FOR SHOULD TERMINATION OF CONTRACT OCCUR AFTER 3 DAY GRACE PERIOD.

NJ HIC# – 13VH01725300

NJ PEST. LISC# – 54504B

NJ IRR. LISC# – 486873

By clicking “accept” and completing the digital signature below, I have read and accepted the estimate/contract and the above terms and conditions.

WEBSITE-DOCUMENT LANGUAGE

www.taureansprinkler.com/terms-conditions-irrigation.html

Terms and Conditions

Irrigation Installation/Service/Repair

Taurean Sprinklers & Town Pride are divisions of Oakshade Nursery, Inc.

Landscape Services – 609-268-1502

Fax – 609-268-3100

info@oakshade.com

www.oakshade.com

Windswept Stone Co.

609-654-4700

www.windsweptstone.com

Taurean Sprinklers

609-654-7441

www.taureansprinkler.com

Oakshade Nursery, Inc.

Main Office Address:

434 Oakshade Rd.

Shamong, NJ 08088

NJ HIC# – 13VH01725300

NJ PEST. LISC# – 54504B

NJ IRR. LISC# – 486873

Town Pride Irrigation & Lawn

609-953-0511

www.townpridelawnservice.com

 

**Fertilizer & Lawn Terms & Conditions available at www.oakshade.com/terms-conditions-fertilizer.html

**Irrigation Terms & Conditions available at www.taureansprinkler.com/terms-conditions-irrigation.html

**Landscape & Property Maintenance Terms & Conditions available at www.oakshade.com/terms-conditions-landscape.html

** Product information for Fertilizers, Weed Control, and other products available at www.oakshade.com/fertilizer-notification.html

**Customer accepts that company has proper insurance required – viewable at www.oakshade.com/insurance.html

1. FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS’ REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225.

2. It is understood between customer and company that work of the nature proposed is weather dependant and can be delayed or prolonged by such. Also, job timing and duration can be affected by material availability and availability of customer. In addition, the inability of other contractors or suppliers to supply materials to site which are necessary for the job proposed, but whose actions and circumstances are beyond control of company.

3. The parties hereto acknowledge that all terms and conditions of this agreement are contained herein and neither party enters into this agreement based upon any verbal/written assurances before the execution of this agreement that are not contained in this agreement. By signing this agreement, customer is indicating that they have read this agreement & subsequent links, acknowledge its terms, understand its conditions, and agree to fulfill its terms and conditions. This proposal shall not be binding until executed by customer and by company – either by representative or via email communication/emailed estimate.

4. The parties hereto acknowledge that the description of work to be completed is based on an evaluation of surface conditions and prices and scope of work is determined based on that. Underground and unforeseen additional repairs may be necessary in the course of work described; of which customer is responsible to pay additional for. Additions or changes to contract or project elements are to be made in writing and executed/confirmed by customer & company representative. On-site changes or ‘during construction’ changes can be made with expressed verbal or written consent of customer. In case where verbal consent is given; written confirmation of the changes, completion of the changes, or payment at ‘end of project’; is considered confirmation/approval of such changes. Changes/additions involving adjustments to estimated costs or extras added shall be invoiced to customer separately.

5. New irrigation system installation (no previous system) work is warranted for 1 year; parts and labor; by Taurean Sprinklers/TownPride. In all cases where product is supplied by company is warranted by a supplier or manufacturer such warranties shall be passed along to customer by company. External pumps and all parts necessary to; drawing from lake or above ground body of water are covered for 6 months parts and labor. In case of Revamps, addition of new zones to existing systems, or repairs; labor is not covered by warranty as underground conditions could cause unforeseen complications (i.e. dirt in pipes, unknown cracked pipes, faulty valves, broken wires, ect.)

6. Damage to work completed or plantings caused by nature/acts of god (i.e. heavy snow, fallen trees, structural damage, ect.), customer actions, or unforeseen situations to no fault by customer or Oakshade/Taurean/TownPride are not covered under warranty.

7. Customer is responsible for winterization (blow out of all underground pipes) completion and proper care of system; Failure to will void all irrigation related warranties.

8. Bulk Quantities listed on proposal are approximations because of the variability of natural materials and typical construction techniques. Leftover materials after project completion are considered ‘extra as necessary’ to complete project and are property of Oakshade Nursery.

9. All original plantings, installed by Oakshade Nursery, are guaranteed by Oakshade Nursery for 1 year provided proper care is given i.e. water, fertilizer, etc. Proper care includes defense against deer, rabbits, animals, ect. Annuals/Seasonal Plantings & Flower Bulbs do not carry a guarantee of any kind. Guarantee on sod for thirty (30) days only, assuming proper care is given i.e. water, fertilizer, etc. Customer acknowledges receipt of Landscape Care Instructions provided by Oakshade Nursery.

10. Seasons are defined as the following: Winter – December 16-Feb 28; Spring – March 1 – June 15; Summer – June 16 – August 30; Fall – Sept. 1 – December 15.

11. Proposed work dates to be within 60 days from acceptance of proposal, unless agreed to otherwise in writing.

12. 2% interest per month, compound interest, and $45.00 per month late fee will be assessed on any balances; unless agreed to otherwise in writing and executed by both parties as a part of this proposal. If customer defaults by not paying, then Oakshade Nursery may bring a lawsuit for the collection of the remaining balance. Customer agrees that in this event, they are to pay amount due and owing plus any collection charges, administrative costs, legal fees & court costs associated with bringing lawsuit; in addition to any and all necessary costs to collect the balance. This agreement may be recorded in County Clerk’s office and a lien placed on the property; all costs associated with lien are responsibility of homeowner as well.

13. Termination of the contract/proposal can only be made in writing. This contract may be cancelled by homeowner, with cause, upon written notice. Owner must notify Oakshade Nursery in writing of cancellation with detailed explanation and noting time, date, and reasons for termination. Oakshade will then be provided 1 week, or a reasonable amount of time if conditions are not favorable, to rectify problem and hope to continue with contract. Upon dissolution of contract terminated before end/completion of project, a final bill of services rendered will be submitted and due within 30 days; termination negates any discounts for combination of pieces of project as laid out (if applicable) and also forfeits any and all “no charge” items (as listed) – each of which carry a contractual value of $0.01. Any “no charge” items or services provided will be billed with the final bill of services rendered and will be submitted as per above. Termination of the contract also terminates Oakshade’s responsibility for any warranties, monetary liability for warranties as they carry no value, and additionally releases Oakshade from any and all liability to the property, homeowner, project, and any other situations predictable or unforseen. By signing this agreement, Homeowner acknowledges this.

14. Customer understands that Oakshade’s work is inherently dependant on the weather and conditions that may develop from such weather. This may result in possible delays and will be informed of such by Oakshade via onsite, phone, fax, text, email, or other reasonable means. It is soley in Oakshade’s discretion the conditions in which aspects of the project can be completed or when conditions are or not favorable and in which ways Oakshade chooses to complete the project. Customer also understands that any and all work; warranty or otherwise; will not be performed unless customer’s account is brought up to date prior to any work being completed whether that is billable or warranty work. It is soley within Oakshade’s discretion to perform work; warranty or otherwise; because of a non-payment, late payment, or ‘holding of money’.

15. Oakshade will be paid in accordance with the terms of this Agreement. Any exceptions are to be approved customer and Oakshade in writing.

16. This Agreement shall be governed by the laws of the State of New Jersey.

17. Customer accepts that signature and acceptance of this contract by Oakshade is assumed by the electronic email & communication here-in contained. Customer also accepts that services may overlap between divisions and that all terms and conditions may be applicable OR that some will not apply depending on services/projects they accept.

18. It is the responsibility of the customer to report any problems, concerns, or potential warranty claims to company in a timely fashion so that they may be rectified as per above. It is NOT the responsibility of Oakshade/Taurean/TownPride to continually monitor customer’s property for problems and issues. If customer terminates agreements for problems, concerns, and/or warranty claims that are unreported until the time of termination or not reported in a timely fashion, then no credits or discounts will be due to customer for such issues.

19. YOU MAY CANCEL THIS TRANSACTION WITHOUT ANY PENALTY OR OBLIGATIONS BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECIEVEING A COPY OF THIS CONTRACT, DATE NOTED BELOW (THREE (3) WORKING DAYS) IN THE EVENT THREE (3) WORKING DAYS ELAPSE WITHOUT NOTICE OF CANCELLATION ARRIVING AT COMPANY FROM CUSTOMER IN WRITING, COMPANY SHALL BE FREE TO ORDER SPECIALIZED GOODS RETURNABLE, AND NON-REFUNDABLE; INCUR LABOR ASSOCIATED WITH THE ASSEMBLING OF SUCH GOODS; AND ANY COSTS INCURRED BY OTHER CONTRACTORS AS PART OF THIS AGREEMENT – OF WHICH CUSTOMER IS RESPONSIBLE FOR SHOULD TERMINATION OF CONTRACT OCCUR AFTER 3 DAY GRACE PERIOD. NOTICE CAN BE RECEIVED BY COMPANY VIA FAX, CERTIFIED LETTER, EMAIL OR BY PERSONALLY DELIEVERED NOTICE TO COMPANY. PHONE CALL OR TEXT MESSAGE CANCELLATIONS DO NOT APPLY REFUND TO CUSTOMER TO BE PAID WITHIN 30 DAYS OF CONTRACTORS RECIPET OF CANCELLATION NOTICE.

20. Severability – If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement including, without limitation, remain legal and enforceable, the remainder of this agreement shall remain operative and binding on Client and Oakshade.

Oakshade Nursery is a corporation of New Jersey. Its offices are located at 434 Oakshade Rd; Shamong, NJ 08088. The person to contact regarding this agreement is ___Steven Zimmer__________ and can be reached at 609-268-1502.

Consumer Affairs Notification:

FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS’ REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225.

NOTICE TO CONSUMER

YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER –

1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR

2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:

OAKSHADE NURSERY

434 OAKSHADE ROAD

SHAMONG, NJ 08088

(609) 268-1502

IF YOU CANCEL THIS CONTRACT WITHIN THE THREE-DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY. REFUNDS MUST BE MADE WITHIN 30 DAYS OF THE CONTRACTOR’S RECEIPT OF THE CANCELLATION NOTICE.

IN THE EVENT THREE (3) WORKING DAYS ELAPSE WITHOUT NOTICE OF CANCELLATION ARRIVING AT COMPANY FROM CUSTOMER IN WRITING, COMPANY SHALL BE FREE TO ORDER SPECIALIZED GOODS RETURNABLE, AND NON-REFUNDABLE; INCUR LABOR ASSOCIATED WITH THE ASSEMBLING OF SUCH GOODS; AND ANY COSTS INCURRED BY OTHER CONTRACTORS AS PART OF THIS AGREEMENT – OF WHICH CUSTOMER IS RESPONSIBLE FOR SHOULD TERMINATION OF CONTRACT OCCUR AFTER 3 DAY GRACE PERIOD.