Dirt Cheap Landscaping Maintenance

Dirt Cheap Landscaping Maintenance (DCLM)

General Terms and Conditions,  WARRANTIES:

OFFICIAL BUSINESS NAME:

The DCLM Guarantee:

• Our staff will treat you with respect and integrity as we serve you

• We are committed to our clients and will stand behind the quality of our work

• Our staff will have proper training and equipment for the job you hire us to do

• We will have the staff necessary to complete your job in a timely manner

• We will periodically inspect the work that our staff does for you

• We exemplify professionalism and our presence will not detract from the look of your property or neighborhood

• You will be satisfied because we will correct any aspect of our work that you are not happy with.

PETS:

Please ensure that any PET waste is picked up the evening before we are scheduled to mow. We do not pick up PET waste as a part of our service and having our employees have to mow through, around or step in the waste makes for an unpleasant experience and breaks their concentration from trying to do the best job possible. Please ensure that dogs are put up on the days we are scheduled to mow and that ALL pet waste is picked up. DUE TO LIABILITY CONCERNS, WE CANNOT SERVICE AN AREA WHERE A PET IS FREE TO ROAM FOR A NUMBER OF OBVIOUS REASONS. IF, HOWEVER, WE HAVE A RELATIONSHIP WITH THAT ANIMAL, THE ON-SITE MANAGER , AT HIS SOLE DISCRETION, CAN APPROVE THE CREW TO RENDER SERVICES. PLEASE BE ADVISED THAT DIRT CHEAP LANDSCAPING MAINTENANCE SHALL NOT BE HELD LIABLE IN THE EVEN THE PET ESCAPES, INJURED (INCLUDING DEATH), OR HARMED BY DCLM EMPLOYEES OR AFFILIATES, EVEN BY NEGLIGENCE (does not include Gross Negligence). We will stop work if pet waste poses a burden onto the crew and no refunds shall be given.

Entry Into Jobsite While Services are Being Rendered

***VERY IMPORTANT - PLEASE READ! 

It is imperative that all residents and guests of the property stay indoors or offsite while our workers are performing their tasks. BECAUSE OF THE DANGERS OF FLYING DEBRIS OR OTHER INJURY DUE TO NO FAULT OF OUR OWN, NO ONE BUT DCLM EMPLOYEES OR DESIGNATED DCLM PERSONNEL ARE ALLOWED TO BE WITHIN 25FT OF ANY OPERATING EQUIPMENT OR DCLM PERSON DOING THEIR TASKS. DCLM shall not be held liable for any injury or claim as the result of any resident or guest not following this rule. You, the client, by hiring DCLM agree that you must inform all residents and guests about this policy and that all residents or guests agree to inform any of their guest(s) that they must abide by this rule. If you must get the attention of our crew while they are using power equipment, PLEASE do so by waiting until they are done, or by calling the site supervisor at 503-707-0866. Or, you can honk your car horn and flash headlights, wave through a window, wave a flag, sound an alarm, shine a spotlight, send a smoke signal, or any other creative safe means. Please do not attempt to approach anyone using power equipment!!! Make sure that the person has acknowledged you, powered off the equipment, and can hear and understand you before approaching them. ENTRY INTO THE JOBSITE IS DONE AT YOUR OWN RISK AND CLIENT INDEMNIFIES AND AGREES TO HOLD HARMLESS DCLM, IT'S EMPLOYEES AND DESIGNEES IN THE EVENT OF ANY INJURY RESULTING FROM ANYONE VIOLATING THESE TERMS.

DEPOSITS/PREPAYMENTS

All clients, unless as a part of a service agreement or contract with other terms, is required to pay a deposit of at least 50% of the total amount of the estimated service in order to be placed on the Service Crew Calendar. Please see the GENERAL CONDITIONS OF WARRANTY/GUARANTEE below.

BILLING AND PAYMENTS

We do our billing and accept payments through the following secured third party companies:

     * PayPal    *Square    *Bank of America Merchant Services  *Pay Anywhere 

 We accept all major credit cards, personal or business check*, wire transfer, US Postal Money Order, Cashier's Check, or PayPal. WE DO NOT ACCEPT CASH! (*SUBJECT TO FUNDS AVAILABILITY CHECK)

***ALL PAYMENTS ARE DUE AT THE TIME SERVICES ARE RENDERED. 

Payments for Routine Service Agreements
An account on file is required to activate a routine service agreement. One months deposit will be charged to your account to activate service. After the first month, your account will be charged at the end of each month following completion of services.

Payment of Routine Services by Check
We are a "paperless" company and email invoices during the last week of each month and your payment is due by the 10th day of the following month. If payment is not received by the 10th day, then the balance will be charged to your account on file with an additional $10.00 LATE FEE. You must request paper statements.



Cancellation of Services

You may cancel at anytime by notifying us AT LEAST 3 DAYS IN ADVANCE, and that cancellation must be in the form of a call to the office and to talk with a staff member or by leaving a message on our voice mail system. Cancellations by EMAIL MUST BE DONE 24 HOURS in advance by messaging: jmebenton@dirtcheappdx.com or jmebenton@gmail.com. ***A CANCELLATION FEE MAY APPLY; check your contract.



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Winter Service

We have found that monthly winter service is the most efficient way to keep on top of your leaves and keep your property looking good throughout the winter. Leaves are mulched or bagged as necessary and removed from all lawn areas, front curb, front porch, driveway, rear patio, and the alley once per month during the winter. Leaves can be very time consuming to clean, but our program maximizes efficiency while keeping a grip on the price. For most homes, this program is well adapted. However if you have excessive leaves or don’t wish to wait until the next monthly visit, you may request an extra visit for an additional charge. Cleaning leaves from the beds, gutters and downspouts is also available for an additional cost.



Breakage of Personal Property

Any property that you feel was broken/damaged by our crew must be reported immediately to our office. Dirt Cheap Landscaping Maintenance will not be responsible for any repairs or replacement of property that is done without our knowledge/consent. PLEASE BE ADVISED THAT DCLM WILL NOT UNDER ANY CIRCUMSTANCES REIMBURSE CLIENTS FOR PLANT MATERIAL THAT IS DAMAGED, DESTROYED, AND/OR REMOVED FROM THE CLIENTS PROPERTY BY DCLM EMPLOYEES OR AGENTS; BUT, INSTEAD, WILL REPLACE THE PLANT MATERIAL WITH THE SAME PLANT (OR SIMILAR IF NOT AVAILABLE THRU OUR NURSERIES) AND MAKES NO GUARANTEE TO THE MATURITY OF THE REPLACED PLANT. DCLM DOES NOT WARRANTY PLANT MATERIAL. DCLM WILL NOT REIMBURSE NOR GIVE ACCOUNT CREDIT FOR ANY REPLACEMENT PLANT MATERIAL THAT WAS PURCHASED BY THE CLIENT WITHOUT THE PRIOR WRITTEN KNOWLEDGE AND CONSENT BY DCLM OWNER JD BENTON. We will not be liable for damage to any property/obstruction that may be hidden within the landscape that we are unaware of (i.e. object under tall grass, buried wire, etc.). Further, If any of these hidden condition(s) pose(s) a significant threat to the safety of any DCLM staff member or DCLM property, we reserve the right to stop work and will notify the client. It is the client's responsibility to remove all objects or obstructions from the job site PRIOR to our service date and to inform DCLM of any dangerous situation that is present. There will be no refunds if this occurs.



No Service/Poor Service

​If you feel we have missed your property one week or we have done a poor job, you must notify our office within 48 hrs of your scheduled job. We will examine the lawn and recut or take the necessary steps to fix the problem. After the 48-hour period has expired, all work will be deemed to have been completed in a satisfactory manner and no credits or redo’s will be issued.



Access to Property

We recommend that the property owners furnish us with a COMBINATION lock to any gated areas. The combination cannot be lost and allows us to enter the property and complete our tasks when you are not home. We will lock the property upon completion. If you choose to unlock the gates for us each week, please be advised that there will be no credit to your account should you forget to unlock it prior to service, even if we are running one or more days behind due to rain. We will not be responsible for damage to gates that are sagging, missing bolts or hardware, or have rotted or termite damaged wood. DCLM IS NOT RESPONSIBLE FOR THE LOSS OR DAMAGE OF ANY PROPERTY OR LIFE AS THE RESULT OF THE GATE OR ENTRANCE BEING LEFT UNSECURED (ie. In the unlikely event we forget to lock or close your gate/entranceway, we are not responsible if your Dog runs away, or theft from premises). 



Sprinkler Systems

For best results, please do not water the night before or morning of the day we are scheduled to service your lawn.



Breakage to Sprinkler Heads

We will gladly repair a sprinkler head that we break with our mowers. We carry spare heads and usually replace heads when they are broken. Sometimes we will unknowingly break a head, especially when the riser sticks in the ‘up’ position and the grass is thick. Please notify us as soon as you notice a broken head, flag it, and we will send somebody out promptly to repair it. We will not be responsible for third party repairs to sprinkler systems without our consent.



Excess Weed Eating

​We do not offer weed eating around individual sprinkler heads as part of our lawn program. If your heads aren’t spraying correctly because they seem too low, try replacing them with new 4” pop up heads, or inserting a riser underneath them. The crown of a correctly installed sprinkler head should barely break the surface of the ground allowing a lawnmower to pass safely overhead, even on its lowest setting. New heads can be purchased for a couple of dollars at The Home Depot or Lowes.



Third Party Fertilizing Companies

If you use a third party fertilizing company, we ask that you request they do not come on the day of our service and that they switch to a timed-release fertilizer if they are not already using one. Besides keeping your lawn greener in-between applications, the timed-release fertilizer does not have the ‘super surge’ in growth 7-10 days following application that the cheaper fertilizers give. This surge can be hard to manage, even on a 7-day cutting basis, resulting in a poorer cut.

GENERAL CONDITIONS OF WARRANTY/GUARANTEE

We do not guarantee project or service dates that are delayed up to 60 Days due to weather, material availability, mechanical failure, emergency, accident and/or illness, or any other matter that is beyond our control. If a deposit has been paid for services that have not been started and is delayed for more than 60 Days, we will refund the customer 100% of the deposit and cancel the scheduled service. A new form, estimate, bid, proposal, quote, contract or agreement must be constructed to schedule again. If the customer cancels the service prior to the start date or prior to 60 days following a scheduled service that has been delayed, a 20% administration fee will be applied against the deposit and the remainder refunded to the client. ANY MATERIAL THAT HAS BEEN ORDERED AND DELIVERED TO THE CLIENT OR DELIVERED TO THE JOB-SITE PRIOR TO OR DURING THE SCHEDULED WORK WILL NOT BE REFUNDED IF THE SERVICE IS CANCELLED. We do not provide credits or refunds for leftover material. ALL material is subject to the warranties of the manufacturer or vendor. In the event work is stopped by the client for any reason other than DCLM's breach of contract, customer shall be liable for any prior work performed and shall forfeit any remaining deposit monies. In the event that the deposit monies do not cover the work performed, the customer shall immediately pay any balances accrued according the the form, estimate, bid, proposal, quote, contract or agreement, PLUS a 20% cancellation fee. All matters involving the breach of a form, estimate, bid, proposal, quote, contract or agreement shall be governed by the laws of the State of Oregon or State of Washington, depending on the property location.

We will replace or credit all nursery stock supplied and installed by us that fail to survive for a period of 30 DAYS from the date of invoice. Plants will only be replaced one time at no charge for materials and labor. Replacement plants are not warranted. Liability not to exceed plant value. Seeded turf is under a warranty for 30 DAYS if seeded between the dates of 3/15-6/15 and/or 9/15-10/15.

Conditions relating to forms, estimates, bids, proposals, quotes, contracts or agreements

All material is guaranteed to be as specified, and the agreed upon work to be performed in accordance with the drawings and specifications submitted to the customer and completed in a substantial workmanlike manner for the sum noted with payments to be made as indicated. Any Warranty provisions listed shall be an addendum to these terms and act as the governing terms.

The following are expressively excluded from coverage by this warranty:

Perennials, Groundcover, other non-hardy plants, bare root plants, plants in containers above ground, client-supplied plants, transplants, grass seed and sod. Transplanting, in most circumstances, is successful. However, to insure success we must prune each plant moderately to severely as we see fit before its relocation is started. Bare root groundcovers under 4” pot size are not warranted.

All construction shall, unless otherwise specified herein OR on another form, estimate, bid, proposal, quote, contract or agreement, carry a one-year warranty from the date on the invoice on materials and workmanship excluding neglected maintenance, misuse, vandalism, or damage from acts of God. Where applicable, manufacturers’ warranty shall apply. Warranties will be voided in cases of physical and or chemical damage, neglect in watering or pest control, or in accounts over 60 days past due from date of invoice. All material is warranted to be as specified. All work is to be completed in a workmanlike manner according to standard practices.

We assume no responsibility for the occurrence of or development of any type of fungus or mold and are not liable for its development or clean up. It is the customer’s responsibility to locate, clearly identify, and notify DCLM of all underground conduits, wiring, pipes, septic systems, etc. Any damage to such underground conduits, wiring pipes, septic systems, etc. shall not be the responsibility of DCLM. We have the right to substitute any plant under warranty. DCLM shall not be held responsible for concealed conditions such as, but not limited to, rock, water, clay pan, asphalt or any other obstacles encountered which are not apparent at the time of estimating.

Once material is delivered and installed, the responsibility for disappearance, theft, or vandalism shall be the customer’s. It will be the customer’s responsibility to clear the area to be landscaped of all debris, building materials and any other obstructions, unless DCLM is contracted to do so. Substitutions of plant material may be necessary due to the availability of certain materials, with the client approval.

All materials installed by DCLM will be true to name, and up to or beyond industry standards. Plants will be free from disease, insects, and in healthy condition when planted. Proper watering, fertilizing, and pest control are necessary to maintain healthy plant growth. Warranties will be voided in cases of physical and/or chemical damage, neglect in watering or pest control, or in accounts over 60 days past due from the date of invoice. Once installed, we are not responsible for damage from acts of God or extreme weather conditions, theft, vandalism, or disappearance.

Before, during, or after installation, excessive storm damage may cause erosion of mulching and planting areas, dry streambeds and groundcover areas. DCLM will not be held responsible for damages caused by nature. We will restore the areas to their original condition after signing a work order to approve such restoration.

DCLM reserves the right to impose a fuel surcharge to customers.

DCLM and it’s advertising/marketing representatives retain the right to photograph the landscape work they have performed for the purpose of their website and/or company marketing materials, without remuneration or reimbursement to the client. No mention of name, address or otherwise personal information will be used in any publication of these photographs, and the photographs shall not be used for any purpose other than for DCLM’s personal advertising materials.

A Service Charge of 1.5% per month (18% per annum) will be added to all accounts 30 days or more past due. All plant material and construction warranties will be void after 60 days from date of invoice on past due accounts.

All agreements are contingent upon strikes, accidents or delays beyond our control.

Indemnification

To the fullest extent permitted by law, Contractor, for itself and all parties acting under or through Contractor, shall indemnify and hold harmless Customer from and against all claims, damages, suits, losses and expenses of property, or bodily injury resulting from a negligent act on Contractor’s part. Similarly, Customer shall indemnify and hold Contractor harmless from and against all claims, damages, suits, losses and expenses of property damage or bodily injury resulting from a negligent act or omission not caused by Contractor or Contractor’s agents and/or employees.

Limitations to Warranty

This warranty is given to the original client of DCLM and is not transferrable.This limited warranty takes place of all other warranties, expressed or implied, in fact or at law, including implied warranties of merchantability and fitness for a particular purpose. DCLM or its designated representative must perform all warranty service. No agent, dealer, distributer, Service Company or other party is authorized to change, modify, or extend the terms of this limited warranty in any manner whatsoever.  It is the responsibility of the homeowner to provide consistent and proper maintenance to ensure the health and longevity of your landscape. Improper maintenance may void this warranty. To ensure successful maintenance, consider hiring DCLM to help you maintain your beautiful landscape!