Agreement for Professional Services Yardworx Outdoor Services LLC & HRA downtown hanging baskets

Home Browse Search

Terms and Conditions: Yardworx outdoor Services ("Yardworx") shall furnish all the materials and perform all of the work as described in this quote. Materials: Until completion ofthe project, all materials are the property ofYardworx. Any remaining rnatertals following completion of the project remain the property of Yardworx or may be left on site with Clients approval, no refunds are given for excess materials. Pricing & Changes: Costs associated with this project are provided in this quote. Change orders will be pre approved by the Client and fully explained in detail before any work is done. Additional Client Responsibilities: Client is responsible for complying with and notifying Yardworx of all covenants and/or restrictions applicable to the property along with obtaining any necessary prior approval from private entities including but not limited to: homeowner's associations, management companies, dues, etc. If any permits are required these will be obtained by Yardworx. Any costs associated with these required permits wilt be billed to the Client. Unforeseen Conditions: Delays due to inclement weather or Acts of God, shall not be a basis for termination of this Agreement or a reduction in the amount owed by the Client, Terms of Payments: Invoices will be sent net 30 days. Acceptable form of payment includes ACH, check, or credit card (subject to 3.5% processing fee). Late payments will result In Interest being charged to the account at a rate of 1.5% per month, or the maximum allowable by law, whichever is greater. Yardworx reserves the right to stop work If payments are not made according to any applicable payment schedule and will assess the client remobilization costs due to any stoppage of work. The client agrees to pay any collection costs incurred by Yardworx in pursuing any outstanding balance, Including but not limited to reasonable attorney's fees, costs and court costs. Should default occur, Yardworx has the right to withdraw from the contract at its sole discretion. Subcontractors: Client grants Yardworx the right to subcontract portions of the work according to their needs. Subcontractors will carry commercial general liability insurance and workers compensation coverage as required by state law. Site Conditions: In cases where adverse site conditions might compromise safety, quality workmanship, or efficiency, Yardworx reserves the right to delay or suspend work. Examples include Inclement weather, muddy conditions, or the presence of other contractors. Yardworx will be the sole judge as to whether adverse site conditions are present. Promotional Use: Client grants Yardworx the right to take pictures, video and make written accounts of this project for promotional and award submission purposes. Insurance: Yardworx will carry Commercial General Liability, Auto, and Workers' Compensation Insurance, as applicable for all periods when work is performed on this project. Warranties: Materials and workmanship warranties are as follows: Choice of Law and Mandatory Arbitration: This agreement will be governed by the laws of Minnesota. The parties agree to make a good faith effort to resolve any disputes which arise from this agreement through direct contact, in an informal manner, If informal methods are unsuccessful, all disputes or conflicts arising out of the present contract shall be resolved through a mediator who is agreed to by both the Client and Yardworx. Mediation is a non -binding process. If a conflict cannot be resolved through a mediator, the conflict will be settled according to the rules of arbitration. The arbitrator will be agreed to by both parties and the arbitrator's decision will be binding. Limitation of Liability: Client acknowledges and agrees that Client's and any third -patty's maximum recourse against Yardworx, and Yardworx's maximum liability, for any Claims arising out of, or any way related to Yardworx's work, and/or this agreement, shall be strictly limited to the amount Yardworx billed to Client under this Contract. Waiver of consequential damages, Client waives the right to collect any indirect or consequential damages from Yardworx. Merger: This proposal and any attachments Indicated above constitute the entire agreement between the parties, all prior negotiations and commitments being merged herein. Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company Is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this Improvement directly and deduct this amount from our contract price or withhold the amounts due them from us until 120 days after completion of the Improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the Improvement and who gave you timely notice. Acceptance of Proposal: Yardworx hereby agrees to furnish materials and laborfor the installation according to the price laid out In the quote. By signing this document, the Client agrees that the above and attached specifications are satisfactory. Further, Client signifies that they have the authority to order the work to be performed at the property listed and authorizes that Yardworx may begin Installation for which Client will pay the agreed upon price. Page 37 of 46