Project Terms and Conditions

Our goal is to completely satisfy our clients and provide top quality services. It is important that our clients fully understand the terms and conditions before construction starts with FS Landscaping Contractors, Inc.. Please carefully read the following terms and conditions of this Contract/Agreement for Services.  Your signature on the project specifications page (original contract) will be considered agreement to all terms and conditions listed herein.

1.       Limited Warranty.   We stand behind our work and will return to correct workmanship issues as indicated below unless a different warranty is specifically agreed to in the scope of services.  Only work in writing on the specifications page will be included under this section.  All warranties are from the date the work is completed and are limited to actual work performed by FS Landscaping Contractors, Inc (FSLC). All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from specifications involving extra costs will be executed upon written orders or verbally onsite with a project manager, and will become an extra charge over and above the contracted price. All agreements contingent upon strikes, accidents or delays beyond our control. FSLC is not responsible for delays caused by others. Owner to carry fire, tornado and other necessary insurances. FSLC is licensed in Pennsylvania and New Jersey.  FSLC is fully insured by Erie Insurance. Liability Policy Number Q41-1551214. All FSLC workers are fully covered by Workers Compensation Insurance. Erie Insurance Policy Number Q89-1501012
Hardscaping: FSLC guarantees the hardscape installation for a 2 year period under normal wear for which the products are intended. FSLC warranties hardscaping and concrete from sinking for a 2 year period. FSLC does not warranty any discoloration, cracking, efflorescence, staining, bleeding of iron or any natural reactions in concrete, pavers or natural stone or any products used by FSLC. FSLC does not warranty the germination of moss or weeds on or around hardscaping. FSLC does not warranty damage caused by extreme weather conditions and damage caused by surrounding environment. Extreme freeze and thaw during the winter months that causes damage is not covered under this warranty. FSLC is not responsible for damage caused by others. Polymeric sand installed by FSLC is warranted for the duration of the calendar year the products were installed. This warranty is strictly limited to work performed by FSLC. Replacement and/or repairs furnished under this warranty shall not carry a new warranty, but shall carry only the unexpired portion of the original warranty provided.  Plant Material: FSLC will warrant that all plants are specific to common name and will be planted using proper soil amendments, fertilizer and mulched to complete. FSCL will warranty to the original purchaser, the survival of trees and shrubs that we install for one (1) full year at 100% of the retail price of that plant; listed at Froehlich’s Farm & Garden located at 3143 York Rd. in Furlong, PA 18925; provided that proper watering & fertilizing aftercare is followed according to industry standards. This warranty is limited to a one time only replacement of the tree or shrub or a store credit from Froehlich’s Farm for plant material of the original purchase price. Costs of labor and delivery are not covered under this warranty and will be an additional charge. These warranties do not cover the following: – Annuals, perennials, vegetables, herbs, ornamental grasses, crape myrtles, Laurels, azaleas, hanging baskets, fruit trees, roses, grass seed, sod or vines. – Plants and trees not recommended or listed to plant in zone 6 are not warrantied. Damage due to abnormal weather, sub degree temperatures, insects, deer damage, disease, negligence or abuse, branch dieback or breakage on your property, failure to blossom, winter damage or other acts of nature will not be warrantied.  Plants which die during summer due to lack of water caused by water bans or other watering practices are not covered under our warranty. FSLC has the right to replace plant material with an equal value. We do not warranty transplanted plant material.  We do not warranty trees or shrubs sold at a discounted sale price.

Pools/Spas & Equipment: FSLC guarantees the pool/spa installation and workmanship for 3 years under normal environmental conditions. All fiberglass pool/spa shells and pool equipment installed by FSLC are covered under the manufacturer’s warranty. A list of manufactures will be provided upon request. Shotcrete & Gunite shells are covered for 25 years under normal environmental conditions. Wet Edge plaster finishes are covered under the Wet Edge limited warranty by the certified installers with a minimum of 10 years. FSLC does not warranty any product imperfections or variations in tile, coping or plaster. FSLC does not warranty any damage caused by any pool chemicals such as salt, saline, chlorine, and bromine. This warranty is strictly limited to work performed by FSLC. FSLC will provide a detailed construction specification upon request.

Fence: Client represents and warrants that he/she has legal right and permits from municipality to allow fence work as described within, and assumes full responsibility for said work. Client is responsible for color and style choices. All property lines are to be found by purchaser. Company takes no responsibility for location of any property lines, or damage caused because of incorrect locations. Client is responsible to all fence/gate locations. Client is responsible for finding location of any underground utility lines, septic systems, pool plumbing, dog fences, sprinkler lines, etc. that might be on or near construction and if any line is broken, shall hold company harmless and indemnity company against any loss, claims, fees and/or costs resulting from such broken lines. Client is responsible for complying with any ordinances and obtaining any permits pertaining to the erection of construction. FSLC will assist client in the permit process. All materials remain the property of the company until such time that payment is made in full. If full payment is not received, the company reserves the right to remove materials from project. Price is to dig in normal soil conditions. Any rocks, concrete, stumps, debris, etc. that will cause for a difficult dig will be a charge over and above the original contracted price. Company will make every reasonable effort to meet erection schedules, however, company cannot be held responsible for delays beyond its control. It is understood if purchaser should cancel the contract, the company would be entitled to collect for all materials, and work purchased and performed on or for the job.
Lighting: FSLC offers a 30 day installation warranty on all lighting jobs. FSLC does not warranty any light fixtures installed as they are warranted by the manufacturer. FSLC does not warranty oxidization and corrosion of fixtures, wire or connections. After 30 days FSLC will require a paid service visit to fix or repair any damaged lights or lighting equipment.
Maintenance: Proper maintenance is important to all the work performed by FSLC. We recommend that all installations be seasonally maintained. All work performed by FSLC that is not maintained properly will void all warranties. Ask us about our “LIFETIME WARRANTY” maintenance programs.

2.      Plans.  FSLC will make available to client a presentation of a proposed design in 2DAutoCAD and/or 3D Structure Studios design software. All designs shall remain the property of FSLC unless paid for by the client. All plans are for presentation purposes and are not to be used in reference to or as construction drawings unless specified. FSLC will make onsite changes to plans as necessary and/or in reference to specifications. In the event that FSLC provides homeowner a design without a deposit or payment fee, homeowner agrees not to share the design or put design out to bid with other contractors without the permission or consent of FSLC. 

3.      Payment.  FSLC will require a scheduling deposit on all projects. All scheduling deposits are non-refundable in the event that a design is received by customer or the equal amount of 10% of the project.  There will also be progression payments throughout the project that are due per the payment schedule. The final balances on all projects are due on the last day of the project and/or upon completion. This will be coordinated with our project managers.  A small & reasonable amount (up to 5%) may be withheld if a portion of the job cannot be completed with the rest of the project or if there is a disagreement. Any remaining balance will be due immediately upon completion. Please have payment available on the last day to avoid the late fees. If a credit card was provided and another form of payment is not available on completion, we will assume your intent is to pay the balance on the credit card. All credit card transactions will have a 3% transaction charge. All scheduled payments past 15 days of payment due date will have a 2% monthly interest charge every 30 days the payment is not made. Customer shall pay all costs associated with collections, including without limitation, all attorney fees and court costs associated with collecting the debt owed to FS Landscaping Contractors.

4.       Permits.  FSLC is not responsible for permits and surveys for the contracted work however we will assist in the process. There will be a charge $75 per hour above the contracted amount for assisting with specified documentation, blueprints, surveys, as-built and engineering plans necessary to obtaining a permit to get the contracted project approved with the Township, Municipality, Conservation Districts and Home Owner Associations. FSLC is not responsible for any cost if the township or municipality requires a sealed engineer drawing to obtain permits.

5.       Customers Responsibility. Customer is responsible for making ALL material choices. FSLC takes no responsibility in the color, style and type of material that is chosen. All material choices (such as colors) must be made at least two weeks before the project start date. FSLC will provide client a list of (up to 3) display yards to help Client choose their materials. There will be a charge of $50/hour for FSLC to assist in choosing materials and colors and/or to deliver or supply samples of materials. Any materials the client is providing must be at the property before the start date such as appliances, planters, statuary, etc.. Client understands that the construction area is dangerous and that all children and pets are to stay out of the construction area during and after work hours. Client is responsible to provide access to construction area. FSLC is not responsible for any damage to underground utilities, septic systems, dog fences, downspouts pipes, irrigation lines, pool plumbing, driveways, walkways, curbs, existing landscaping in and around construction area and construction access. Client also understands that the construction may cause dust/debris and should keep all their windows and doors shut during the construction. Any damage caused by the dust/debris is not the responsibility of FSLC. Client is responsible to approve final conceptual plan before construction. If plan is not approved FSLC will install the latest plan to date. Customer is responsible to provide access for electric and water to the construction area. Customer is responsible for watering all plant material upon the completion of installation. Customer is responsible for following the payment schedule set forth.

6.      Prices.  The prices quoted for the products and services listed are fixed and will be honored if scheduled within 30 days unless specifications are changed. Prices on materials are good for 90 days. In the event of price increases out of FSLC’s control, customer will be responsible to pay the difference in material cost. Additional or unforeseen work that is deemed necessary or added by the client will be approved in writing or verbally onsite with project management. Changes by the Client to materials after they have been ordered or to the job after it has begun will result in an additional charge. Any materials installed that Client wants moved or changed after installation will result in an additional charge. Client is responsible for the amount quoted—no additional discounts will be given.  Any residual materials are the property of FSLC.

7.      Cancellation Fees and Trip Charges.  Jobs are scheduled for all our clients and cancellation results in a disruption of our service and lost revenue to FSLC.  You agree that the cancellation fee is a reasonable amount of FSLC’s damages.  Client will be responsible for a cancellation fee in the amount of 10% of the total cost of the contracted cost or the value of the design + 10% (whichever is greater – to a maximum of $3,000) if cancelled, changed or postponed with less than 10 days’ notice prior to the scheduled services (including if full payment was not available to FSLC at or by the time of arrival to the property).  Client remains responsible for all material costs in addition. These charges will be deducted from Client’s deposit.  FSLC reserves the right to cancel services at any time prior to the start of the project. Client will be responsible for a $100 trip charge if: (1) FSLC is called out for a non-warrantied item,  (2) FSLC was not given access to the property at arrival, or (3) FSLC is called back to the property to correct a dissatisfaction known to Client at the time services were rendered.

8.      Cost of Collection or Late Payments.  All payments are due the day of completion of specifications. All late payments will incur a $50 fee if final payment is not made within 15 days of completion plus client is liable to FSLC for late charges of 2% of the outstanding balance per month  (30 days) and every month thereafter until payment is made in full.  Client is responsible for all collection and litigation costs and fees incurred by FSLC’s representatives and/or agents including, but not limited to, time spent by FSLC’s administration and officers foregoing in pursuing collections at a rate of $75 per hour. We will charge a $50 fee for cancelled or insufficient fund checks.

9.      Other.  FSLC reserves the right to use photographs of the property for marketing purposes. FSLC will have 15 days to address any dissatisfaction to the project upon the completion and only if payment is made in full or 5% retainer is being held. If payment is not made in full, FSLC has the right to pursue legal action even with Client’s dissatisfaction. FSLC does not warranty the labor to replace defected materials. Our mailing address is 4950 Moyer Rd. Doylestown, PA 18902

10.  Governing Law and Divisibility.  This Contract/Agreement is governed by the laws of the State of Pennsylvania.  If a provision of this contract is deemed unenforceable, all other provisions remain in effect.

11.  Indemnity.  Client agrees to indemnify and hold FSLC, its officers, agents, and employees harmless from any claim, loss, costs, damage or liabilities, including attorneys’ fees and costs, that result from acts or omissions by Client or Client’s breach of this agreement.  Client also agrees to indemnify and hold FSLC, its officers, agents, and employees harmless from any claim, loss, costs, damage or liabilities, including attorneys’ fees and costs, that result from a condition on the property existing before, during, and /or after services are completed by FSLC, whether or not caused or created by FSLC.

12.  Limitations on Liability.  FSLC’S LIABILITY SHALL BE LIMITED SOLELY TO THE COST OF REPAIR OR REPLACEMENT OF PRODUCT OR SERVICE PROVIDED OR ACTUAL PROPERTY DAMAGE DIRECTLY CAUSED BY FSLC OR ITS AGENTS. FSLC SHALL NOT BE RESPONSIBLE FOR DAMAGES UNRELATED TO FSLC’S WORKMANSHIP INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM CLIENT MISUSE OR NEGLIGENCE OR ACTS OF GOD AND ANY REPAIR WORK THEREFORE WILL BE CHARGEABLE TO CLIENT.IN NO EVENT SHALL FSLC BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF FSLC HAS BEEN ADVISED OF OR KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES.