This contract between Kelly Lawn and Landscaping, LLC (hereinafter “Contractor”) and
(hereinafter “Customer”) is valid from October 1st, 2009 through April 30th, 2010. This contract for winter services will be billed on the 1st of every month or after every two snowfalls, whichever occurs first, for the length of the contract. Payments shall be due 10 days from the billing date. Payments may be made by check, credit card or cash. The contract may be terminated for any reason by either party by providing 7 days advance written notice to the other party. Upon such termination, services shall still be provided until the end of the 7 day period.
A late payment fee of 5% shall be added to each bill if not paid within said 10 days. The Customer agrees and understands that they shall be obligated to pay interest at the rate of 1 1/2 percent per month on any balances remaining due and payable to Contractor for a period of thirty days from the date of the invoice. The Customer agrees and understands that they will be responsible for all costs of collection, including reasonable attorney fees, should Contractor refer the Customer's account to a collection company or attorney for collection. The Customer shall be responsible for a $45.00 returned check fee, or the highest amount authorized by law, for any checks returned unpaid for any reason.
This Agreement, including any attachments or exhibits hereto, and applicable license agreements, embody the complete and exclusive agreement of the parties and supersede all other communications, oral or written, between the parties relating to the Agreement’s subject matter. Any change to this Agreement must be in writing and signed by both parties. Neither the failure nor any delay to exercise a right, remedy or privilege under this Agreement shall be operated as this Agreement is invalid, illegal or unenforceable shall not affect the enforceability of any other provision.
The services hereunder shall be completed in an industry standard schedule. Contractor shall not be responsible for lost work time on account of weather, strikes, terrorism, accidents, acts of god, or other events not in the control of Contractor. Contractor is not responsible for damages to landscaping, pavement, and grass on the Customer’s property. The work herein may cause damage to the Customer’s property.
Contractor shall carry all required workers compensation insurance on its workman.
If the Customer requests any work above and beyond the work specified herein, the Customer shall be responsible for those costs on a time and material basis, plus a reasonable mark up for profit and overhead.
The Customer agrees and understands that no sales taxes are included in the contract price. In the event any governmental authority passes any legislation charging sales tax, such sales tax shall be added to the total cost billed the Customer.
