Terms and Conditions

These Terms and Conditions shall be incorporated into any Estimate, Proposal or Quote (the “Agreement”) and govern the contractual agreement between N.E.W. Landscape & Lawn Care LLC, a Wisconsin limited liability company (“N.E.W.”), and its client (“Client”) (together, the “Parties”).  

In consideration of the Parties’ mutual covenants and promises, the Parties covenant and agree as follows:

1. The Property.  N.E.W. shall perform landscaping, lawncare, or snow removal services (“Services”) at such address provided by the Client (the “Property”).  Client warrants and represents that he or she has authority to engage N.E.W. to complete Services at the Property.
   
2. The Services.  In the event Client changes the scope of the Services after executing this Agreement, the changes shall be recorded in writing and the cost of the services and/or materials may increase.  Services shall be completed in a substantial and workmanlike manner.  Any drawings and/or details are to serve as a guide and shall be followed as closely as is practical, but minor on-site adjustments may be made at N.E.W.’s sole discretion.
   
3. Concealed Physical Conditions.  If subsurface or otherwise concealed physical conditions at the Property differ materially from those indicated by Client or from those ordinarily found to exist in the vicinity of the Property, including subsurface utilities, boulders, tree stumps, or construction debris, then the Estimate will be adjusted to account for any changes required to complete the Services, or any change in materials or method of work required to complete the Services.
   
4. Timing. N.E.W. will take all reasonable measures to complete the Services based on the timeline provided; however, N.E.W. will not be held liable for work delays, regardless of reason. 
   
5. Payment.  Upon execution of the Agreement, Client shall pay N.E.W. 60% of the amount listed on the Estimate, Proposal or Quote and the remaining 40%, plus any change orders or additional charges, within fifteen (15) days upon completion of the Services or date on final invoice.  For Services provided to Client on a monthly basis, N.E.W. will send Client a monthly invoice for the balance due. Client shall pay N.E.W. the balance on any invoice within thirty (30) days of the invoice date for the Services rendered. Client shall pay a three and one-half percent (3.5%) transaction fee for any payment made with a credit card.  Any payment not received within thirty (30) days of the completion of quoted service, including payment for changes to the Work, or date of the invoice for monthly services will incur interest at a rate of one and one half percent (1.5%) per month, or eighteen percent (18%) per annum.
   
6. Client Obligations.  The Client shall be responsible for accurately apprising N.E.W. as to any personal underground lines on the Property, including but not limited to, pet fences, irrigation lines, and landscape lighting, prior to commencement of work to ensure the Services are sufficiently preformed. N.E.W. may rely on the accuracy and completeness of all such information and shall not be liable for damages or costs resulting from any errors or omission in that regard.
   
7. N.E.W. Obligations.  In performing the Services, N.E.W. shall be responsible for:
   • a. Locating and marking any public utility lines, such as electrical, telephone, gas, and water lines;
   • b. Obtaining any permits required to perform the Services;
   • c. Procurement, at Client’s expense, of the materials to be purchased to perform the Services;
   • d. Cleaning of the Property and removal of all debris resulting from installation of landscaping or hardscaping; and
   • e. Carrying liability insurance in a minimum amount of $1,000,000.00 per occurrence for bodily injury, death and property damage.
     
8. Changes to the Services.  Changes to the Services must be requested by Client in writing.  The price for a change must also be agreed upon by both Parties in writing. Payment for changes in the Services will be made in accordance with Section 5 above.
   
9. Termination and Suspension.  For any Services provided by N.E.W. not under any other payment plan, N.E.W. may suspend or terminate performance of any Services upon Client’s failure to pay any invoice when due.
   
10. Warranties.
    • a. N.E.W. warrants the Services against defects in workmanship and materials for a period of three (3) years for all Hardscape installations. N.E.W. warrants all perennials, trees, and shrubbery installed for a period of one (1) year; this warranty is limited to a one-time replacement per item within the warranty period. Client shall pay the cost of labor for replacing any warrantied item at N.E.W.’s current Time & Material rate determined at the time of the replacement. These warranties take effect from the date N.E.W. receives the final payment from Client, provided Client has paid in full for all Services performed under this Agreement. These warranties do not apply if (i) final payment is not received by N.E.W. within fifteen (15) days of providing Client with the final invoice (ii) if Client is in default of this Agreement; (iii) to the effects of normal corrosion, erosion, settling, wear and tear, or other acts of nature or against damage or deficiencies caused by the faulty operations or maintenance of Client, including but not limited to Client’s failure to protect the landscaping (e.g., covering roses, wrapping evergreens) or Client applying salt or calcium chloride on or near the landscaping; or (iv) if the Property is sold or ownership of the Property is otherwise transferred during the warranty period.  NO WARRANTY IS PROVIDED BY N.E.W. FOR ANY LANDSCAPING OR PLANTED MATERIALS EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH
      
    • b. Upon Client providing N.E.W. with written notice of a proper warranty claim under this Agreement, N.E.W. will have 30 days to respond to the warranty, or such other reasonable period of time as is required in the circumstances. Notwithstanding the foregoing, N.E.W. shall not be liable to Client or anyone claiming by, through or under Client for any error of judgment or mistake of law or for any loss, except a loss resulting from willful malfeasance, bad faith or gross negligence on the part of N.E.W.
      
    • c. N.E.W. MAKES NO ADDITIONAL WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER.  ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE GOODS OR SERVICES ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
      
    • d. Client’s sole and exclusive remedy for breach of any warranty hereunder shall be the repair or replacement of any defective goods or services.  N.E.W. shall have no liability under any warranty unless Client, at its expense, has provided N.E.W. a clear written statement describing the alleged defect within the warranty period.
      
11. Promotion. The Client hereby authorizes N.E.W. to take photographs of the Property for the use of promoting N.E.W. and its services at N.E.W.’s discretion and grants N.E.W. the sole right and title to any such photographs.
    
12. Copyright.  All right, title and interest in the drawings and specifications for the Services shall belong to N.E.W. Client may retain copies of the drawings and specifications for information and reference provided N.E.W. has been paid in full for services rendered under this Agreement. Any design fee paid in advance by Client shall be credited towards the amount owed for the Services. Client shall pay N.E.W. a fee of One Thousand Five Hundred Dollars 00/100 ($1,500.00) if Client causes the design using N.E.W.’s drawing or specification to be installed by anyone other than N.E.W. If Client causes any design to be installed that matches seventy percent (70%) of the design provided by N.E.W., Client shall pay N.E.W. One Thousand Five Hundred Dollars 00/100 ($1,500.00).
    
13. Limitation of Liability.  IN NO EVENT SHALL N.E.W.’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS AND SERVICES SOLD HEREUNDER, WHICHEVER IS LESS. NOTWITHSTANDING ANY OTHER PROVISION, N.E.W. SHALL NOT BE LIABLE TO CLIENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. 
    
14. Indemnification.  Client agrees to indemnify, defend, and protect N.E.W. from and against all lawsuits and costs of every kind pertaining to the Services, any false or misleading information delivered by the Client pertaining to the Property, or Client’s failure to deliver relevant information to N.E.W. Client hereby grants N.E.W. permission to use client’s driveway for access and material storage, and client shall hold N.E.W. harmless from any damage caused as a result.
    
15. No Modification Unless In Writing.  No modification of this Agreement shall be valid unless in writing and agreed upon by the Parties.
    
16. Force Majeure.  N.E.W. shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any Services when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of N.E.W. including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. Time is not of the essence with respect to N.E.W. performance of Services hereunder.
    
17. Applicable Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin and shall be subject to the exclusive jurisdiction and venue of the courts of Brown County, Wisconsin.
    
18. Waiver.  The failure of either party to insist on strict performance of this Agreement by the other, according to the terms and understanding herein, shall not be construed as a waiver of the right to insist on such performance and no waiver by either party of any breach by the other of any provisions shall be deemed a waiver of any other prior or subsequent breach.
    
19. Severability.  Each provision of this Agreement shall be considered severable, and if for any reason any provision or provisions of this Agreement are determined to be invalid and contrary to any existing or future law, the invalidity shall not affect or impair the operation of those portions of this Agreement that are valid, or the application of such provisions in situations in which they are not invalid.
    
20. Entire Agreement; Binding Effect.  This Agreement is the entire agreement between the parties with respect to the transaction contemplated herein and supersedes all previous written or oral negotiations, commitments and writings. No promises, agreements, representations or warranties with respect to said transaction have been made by any of the parties except as set forth herein. This Agreement shall bind and benefit the parties and their respective personal and legal representatives, heirs, successors and permitted assigns.
    
21. Lien Notice and Acknowledgment.  AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, N.E.W., LLC. HEREBY NOTIFIES CLIENT THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR CONSTRUCTION ON CLIENT’S LAND MAY HAVE LIEN RIGHTS ON CLIENT’S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO N.E.W., LLC., ARE THOSE WHO CONTRACT DIRECTLY WITH CLIENT OR THOSE WHO GIVE CLIENT NOTICE WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR CONSTRUCTION. N.E.W., LLC. AGREES TO COOPERATE WITH CLIENT TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.