Standard Warranties Banyan
We will replace or credit all nursery stock supplied and installed by us that fail to survive for a period of one year 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 one year if seeded between the dates of March 2015 – June 2015 and/or September 2015 –November 2015.
The following are expressively excluded from coverage by this warranty: Annuals, other non- hardy plants, bare root plants, plants in containers above ground, client-supplied plants, and transplants. 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, carry a one-year warranty from the date on the invoice on materials and workmanship excluding neglected maintenance, misuse, animal damage, 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.
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and competed in a substantial workmanlike manner for the sum of as noted within the contract agreement with payments to be made as follows: Thirty Days Upon Completion.
It is the customer’s responsibility to locate, clearly identify, and notify Banyan Tree Landscape Construction llc. of all underground conduits, wiring, pipes, septic systems, etc. We will acquire a public utility locate before commencing projects, yet many utilities and underground lines are not included in this service. Any damage to such underground conduits, wiring pipes, septic systems, etc. shall not be the responsibility of Banyan Tree Landscape Construction llc. We have the right to substitute any plant under warranty. The landscape contractor shall not be held responsible for concealed conditions such as, but not limited to, rock, water, decomposed granite pan, asphalt or any other subsurface 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 Realty Landscaping 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 Banyan Tree Landscape Construction, LLC 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, and animal damage or disappearance.
Before, during, or after installation, excessive storm damage may cause erosion of mulching and planting areas, dry streambeds and groundcover areas. Banyan Tree Landscape Construction, LLC will not be held responsible for storm damage. We will restore the areas to their original condition after signing a work order to approve such restoration.
Banyan Tree Landscape Construction, LLC reserves the right to impose a fuel surcharge to customers.
Banyan Tree Landscape Construction, LLC 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 without permission, and the photographs shall not be used for any purpose other than for Realty Landscaping Corporation’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.
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.