Terms and Conditions

Standard/Summer Terms & Conditions

LANDCARE
174 Perth Avenue, Toronto, Ontario, M6P 3X5 – Tel: 416-410-0320 – Fax: 416-538-8725 email: landcare@landcare.ca - www.landcare.ca

Residential Maintenance: for homeowners: contracts run from April to the end of November, approximately 8 months: 7 payments are required: Spring Clean Up period runs from the season commencement until the end of may: based on 26 visits over an eight month period: A week in mid summer and early fall are skipped due to slow growing periods. Please let us know if you require service during those times and it will be scheduled at the hourly rates.

Commercial Maintenance: for commercial properties, including; home offices, apartments, condominiums, rentals and businesses: contracts are for a 7 month period from April 15th to November 15th:: based on 24 visits over a 7 month period: 7 monthly payments are required.

Industrial contracts: for industrial properties: contracts are for a 7 month period from April 15^th to November 15^th:  based on 24 visits over a 7 month period: 7 monthly payments are required.

Maintenance Programs Available Hourly Rate: $45.00/ hr. + material costs + disposal costs.

Garden Maintenance: for properties where gardens are a priority and special care is required.  Pay per hour for garden maintenance services. Estimates can be provided but the service is billed on time, materials & disposal costs. This service is supervised by our Garden Designer who can offer advice on additional plantings and division and transplanting of plants. This service is also available to all our customers on a per needed basis.

Landscape Maintenance:  for property owners that want to work with a set price for lawn care, general garden care (edging and cultivating), shrub trimming and keeping the property free of debris. All garden waste disposal is included in the monthly price.

Grass Cutting Maintenance:  for those who prefer to do their own gardening but still require lawn care. Includes: grass cutting, keeping the property free of debris, blowing off the hard surfaces: Charged per cut or on a monthly basis. All garden waste disposal is included in the monthly price.

Maintenance Descriptions by Season

Spring Clean Up SCU (referred to as First Visit Clean Up for properties signed up later than May): 1 payment – April to late May

SCU is biweekly visits consisting of a thorough clean up of the lawn and garden area to prepare them for a healthy growing season. Visit one will focus on the clean up of debris and the lawn care, heavy rake lawn area where needed, edge sidewalks and walkways as needed, remove leaves and debris from entire property and dead head perennials.  Visit two, when soil is sufficiently warm and plants are visible, Landscape Maintenance & Garden Maintenance customers will have the garden cultivated to oxygenate the soil and encourage plant development and any remaining plants will be deadheaded: Grass Cutting Maintenance customers will continue to have the property cleaned of debris. Regular maintenance will then commence as soon as growing conditions warrant. Garden Maintenance customers will have plants divided and soil amendments added as required. All garden waste is to be removed.  All contracts require an initial clean up. If the contract is negotiated after the middle of May the clean up will be done over two weeks.

Garden Maintenance gardens will be kept weeded and edged, perennials are deadheaded and staked when needed and annuals pinched, bushes and hedges are trimmed in a professional manner. The property is kept free of debris. If required perennials can be planted to fill bare spots.

Landscape Maintenance includes lawn care, garden care and shrub trimming. Garden beds are kept weeded and edged.

Grass Cutting Maintenance natural lawn care methods are used when cutting and trimming the grass areas and the property is kept free of debris.

Fall Clean Up – FCU: mid/late October to mid/late November 1 payment

The lawn areas will be cut down to a height of 2” by winter dormancy. Leaves will be raked or blown on a bi weekly basis. Garden Maintenance will include a general clean up and dividing of necessary perennials and wrapping of tender plants. For Landscape maintenance contracts perennials will be cut back as necessary and garden beds will be deeply turned.  Leaves will be left in the garden beds where appropriate for mulching and insulation. Annuals will be removed and pots will be emptied that were planted by LANDCARE (additional charge for removing those not planted by LANDCARE.) All garden waste material will be disposed. Grass cutting maintenance will include the clean up of all of the leaves and debris based on an hourly rate plus disposal.

General Terms & Conditions of the Summer Maintenance Contract

1.) In return for payment LANDCARE agrees to perform the work as per the descriptions given. Invoices are sent as soon as the work commences, not upon work completion, and due in 30 days. Not included in the maintenance contract unless specified: trimming of cedar hedges, rose care products, rhododendron care products, and heavy pruning of flowering trees and shrubs. 2.) It is the Clients’ responsibility to make LANDCARE aware of, in writing, any potentially difficult or hazardous areas being worked on. 3.) No work to be done on this property other than that specified in this contract without additional charges. 4.) LANDCARE reserves the right to cancel this proposal if not accepted within 10 days. 5.) Continuation of work under this agreement is contingent upon the absence of accidents or delays beyond our control. We cannot be held responsible for severe weather conditions, equipment breakdown/failure or any other such occurrence. 6.) If LANDCARE is delayed in the performance of any portion of the Work by the presence of any vehicles, structures or equipment on the premises which interfere with LANDCARE’S ability to perform the Work, or by an act of omission of the Client, or by the application of a Municipal By-Law, or by a stop work order (providing the order was not issued as a result of an act or omission of LANDCARE), or by labour disputes, lock outs, fire, or by any other circumstance reasonably beyond the contractor’s control, then the time for the performance of that portion of the Work shall be extended until such time as LANDCARE is no longer so delayed. LANDCARE shall not be responsible for any damages or losses caused by the failure of LANDCARE to perform that portion of the Work during the time that LANDCARE was so delayed. 7.) LANDCARE shall have total control of the Work and shall provide all the labour, equipment and services necessary for its performance in accordance with this Agreement and in a good and workmanlike manner. LANDCARE shall comply with-all laws, rules, regulations and building and fire codes, which relate to the Work and shall obtain any permits or licenses necessary for the performance of the Work as at the date hereof. 8.) LANDCARE will not start work at the Premises of  until LANDCARE has received a signed copy of this agreement either by fax or mail. It is the responsibility of  to confirm that LANDCARE has received a copy of the Agreement. 9.) LANDCARE carries adequate public liability and property damage insurance, $2,000,000.00, for the term of this Contract and for the duration of its obligations surviving termination or expiration of this Contract. Upon your request LANDCARE shall provide proof of such insurance coverage.  We will notify you at least thirty days prior to any reduction, cancellation, termination, or non-renewal of coverage.  The amounts of insurance coverage shall not be construed to create a limit of LANDCARE's liability with respect to its indemnification under this Contract. LANDCARE will provide the Client with a certificate of insurance as requested. 10.) LANDCARE's employees are all covered by W.S.I.B.  LANDCARE will provide the Company a certificate of good standing under the Workplace Safety and Insurance Act as requested.11.) If you are unhappy with the service you are receiving we require the following before cancellation of the contract; firstly, verbal request/warning of what you are dissatisfied with and a period of two business days to resolve the matter; second, if your dissatisfaction continues, a letter outlining your complaints and allowing three business days to resolve the matter; third, a letter canceling the contract and outlining the reasons. Service will then stop immediately. Payment is due up to the end of the period that LANDCARE is working within. You will only be responsible for paying for the visits not yet invoiced for at a rate of $45.00/hour/man, excluding the visit(s) which you were not satisfied with and advised us about, and any visit made by us to correct the problem.12.) The Client shall be liable for all costs of collection and other charges incurred as a result in default in payment. All accounts 30 days past due from the date of the invoice will be notified via fax and/or mail. All services will be suspended until account is up to date including payment of any finance charges. LANDCARE will not be held responsible or liable for properties whose accounts are suspended. LANDCARE will resume Work once the accounts are up to date. Interest of 2% per month will be charged on all over due accounts.13.) Should work site change ownership, the Client will be held responsible for payment up to the date LANDCARE receives notice of termination of work and services in writing via fax and/or mail.14). LANDCARE and its servants, agents, employees, invitees or representatives shall follow all rules and regulations applicable to employees of the Client regarding their behavior and conduct in connection with the business and affairs of the Client, insofar as the same shall be required by the Client.15.). The Parties hereto are independent contractors. Nothing contained herein shall be deemed or construed to create between the Parties hereto a partnership or joint venture or employment relationship. 16.) This Contract may not be amended except in writing and signed by both parties. 17.) No part of this Contract may be assigned, delegated or subcontracted by any Party to any other person or third party without the prior written approval of the other Party. This Agreement constitutes the whole of the agreement between the Parties and supersedes all prior negotiations, representations or agreements. No act or failure to act shall constitute a waiver of any right or duty under this Agreement nor constitute an approval of or acquiescence in any breach of this Agreement unless expressly agreed to in writing by the Parties. 18.) Waiver of any provision of this Contract shall not be binding on either party unless agreed to in writing by both parties nor shall it constitute a waiver of any other provision or a continuing waiver, unless otherwise provided. 19.) This Contract shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Ontario in force.  Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Ontario and all courts competent to hear appeals wherefrom. 20.) In an effort to focus on horticultural service and less on administrative tasks this contract will be a “Continual Service Agreement”: the contract will be automatically renewed unless written cancellation is provided 30 days before the contract commences: increases in rates will be limited to the rate of  inflation, as determined by statistics Canada: any rate changes greater then that will have to be agreed by both parties and a new contract will be provided: changes in services will be renegotiated.

Winter Terms & Conditions

LANDCARE

Required payment to LANDCARE by five postdated cheques: November 15^th, December 15^th, January 15^th, February 15^th, and March 15. Ice Melting Services will be billed monthly.

Terms & Conditions of the Winter Maintenance Contract

1.) LANDCARE shall have total control of the work and shall provide all the labour, equipment and services necessary for its performance in accordance with this agreement and in a good and workmanlike manner. LANDCARE shall comply with all laws, rules, regulations and building and fire codes, which relate to the work and shall obtain any permits or licenses necessary for the performance of the work as at the date hereof. LANDCARE will also be responsible for and shall restore at its expense all damage to the property of the  caused by LANDCARE in the performance of the work which damage was not reasonably foreseeable as a consequence of LANDCARE’s performance of this contract. This  acknowledges that some damage to the Client’s property is reasonably foreseeable as a consequence of LANDCARE’s performance of this contract. Such reasonably foreseeable damage includes, but is not limited to, damage to concrete, asphalt, natural stone work, wood, sod, grass and planting materials due to the application of ice melting products and surface damage to curbs and asphalt due to the clearing and chipping of snow and ice. 2.) If LANDCARE is delayed in the performance of any portion of the work by the presence of any vehicles, structures or equipment on the property which interfere with LANDCARE's ability to perform the work, or by an act or omission of , or by the application of a Municipal By-Law, or by a stop-work order (providing the order was not issued as a result of an act or omission of LANDCARE), or by labour disputes, lock outs, fire, or by any other circumstance reasonably beyond the LANDCARE’s control including heavy winter conditions or equipment breakdown/failure, then the time for the performance of that portion of the Work shall be extended until such time as LANDCARE is no longer so delayed. LANDCARE shall not be responsible for any damages or losses caused by the failure of LANDCARE to perform that portion of the work during the time that LANDCARE was so delayed. 3.) This contract constitutes the whole of the agreement between the parties and supersedes all prior negotiations, representations or agreements. No act or failure to act shall constitute a waiver of any right or duty under this contract nor constitute an approval of or acquiescence in any breach of this contract unless expressly agreed to in writing by the parties. 4.) LANDCARE carries adequate public liability and property damage insurance and all LANDCARE employees are covered by W.S.I.B. Insurance certificates can be provided upon request. 5.) LANDCARE shall indemnify and hold harmless , its agents and employees from and against any claim for damages arising from an occurrence of bodily injury or the destruction of tangible personal property provided that the damages are caused by the negligence or breach of this contract by LANDCARE, or by anyone for whom LANDCARE is responsible in law, in the performance of this contract and provided that LANDCARE is given notice of the claim by  within a reasonable time following the occurrence but in any event within 48 hours of  first acquiring knowledge of the circumstances of the claim.  The Client expressly waives the right to claim against for, or be indemnified by LANDCARE from and against, any other claims and further agrees to indemnify and hold harmless LANDCARE, its agents and employees from and against any claim for damages which are not caused by the negligence or breach of this contract by LANDCARE, or by anyone for whom LANDCARE is responsible in law. 2.) The Client expressly acknowledges that Client has physical possession of, and is responsible for and control over the conditions of the property. 7.) It is understood that the application of Ice Melting Products will not instantly and completely remove ice from the premises. LANDCARE provides no guarantee or warranty that the application of ice melting products will be effective in eliminating ice in any particular circumstance. 8.) LANDCARE will not be responsible to apply Ice Melting Products unless they are commercially and reasonably available to LANDCARE. 9.) Where pursuant to the contract Ice Melting Products are not to be applied to the property at the sole discretion of LANDCARE, the Client acknowledges that LANDCARE is not responsible for any damages or claims whatsoever relating to or caused in whole or in part by the failure to apply Ice Melting Products to the property in any particular circumstance and the Client further agrees to indemnify and save harmless LANDCARE and its agents and employees from and against any such claims and acknowledges that it has the sole responsibility to engage a reasonable and effective system to review and monitor the property in order to determine during the Term of the Contract whether of not Ice Melting Products should be applied to the property. 13.) Ice Melting Services include the following: LANDCARE shall at its sole discretion apply Salt or Landscaper's Choice (the "Ice Melting Products") to the property in accordance with the Snow Clearing Areas as stated in the contract. 14.) If LANDCARE is not contracted for the “Ice Melting Services” LANDCARE will plow any snow after an accumulation of 5 cm. No work to be done on this property other than that specified in this contract without additional charges.  will be in charge of applying any Ice Melting Products. 10.) Where the Client and LANDCARE cannot agree as to whether a snowfall has occurred in any particular circumstance, the records of Environment Canada for the location nearest the property will be utilized to determine same. 11.) Service will be automatic and without call for all snow falls of 5 cm or more. The contract price for snow clearing and ice melting products includes all snowfalls during the season up to a maximum seasonal accumulation of 160 cm of fallen snow. The current 30-year average for Toronto is 110 cm as recorded by Environment Canada. Once the maximum has been reached, as recorded by Environment Canada statistics, the Client will be billed on a time and materials basis. 12.) For the purposes of this contract, a Snowfall commences when 5cm or more of snow has accumulated upon the property, continues while the snow continues to accumulate upon the property and ends when the continuous accumulation upon the property has concluded for a period of 10 hours. Snow plowing will take place after every snowfall. Areas to be cleared are as stated in the contract. LANDCARE agrees to plow the snow within 10 hours of the conclusion of the snowfall. If a further accumulation of 15 cm or more of snow occurs during the snowfall, LANDCARE will return to perform the work in accordance with the contract specifications with 24 hours following the end of that snowfall. 15.) LANDCARE shall act reasonably, shall monitor the weather as in the vicinity of the property, Environment Canada reports, and shall apply the standards of the custom of the snow and ice maintenance industry. 16.) It is the Clients’ responsibility to make LANDCARE aware of, in writing, any potentially difficult or hazardous areas being cleared. 17.) Notices under this contract must be in writing and must be delivered in person or sent by facsimile transfer to the Client or LANDCARE at the address on the contract. A notice will be considered to have been given or made on the day that it is delivered or faxed. Both parties may give notice to the other of a change in the address or fax number set out in the contract and if such notice is given the address or fax number in that notice will then apply for the purposes of giving notices under this contract. 18.) The Client shall be liable for all costs of collection and other charges incurred as a result of in default payments. Interest of 2% per month will be charged on all overdue accounts. Services will automatically be stopped on properties where payment is 45 days past due on last invoice. 19.) LANDCARE reserves the right to cancel this proposal if not accepted within ten days. 20.) In an effort to focus on service and less on administrative tasks this contract is a “Continuous Service Agreement”. The contract will be automatically renewed unless written cancellation is provided thirty days before the contract commences. Increases in rates will be limited to the rate of inflation, as determined by Statistics Canada. Any rate changes greater than the stated inflationary increase will have to be agreed by both parties; a new contract will be provided and services will be renegotiated. 21.) Ice Melting Products are billed on a monthly basis, and cover the previous month’s activities. Definitions:  Specifications are written of the contract. Snow Clearing areas are described in the specifications section of contract and are those areas upon which snow clearing is to occur. Clearing involves moving snow from the snow clearing areas to the perimeter of those areas. Snow clearing will be done through plowing, pushing or shoveling as specified in the specifications. Clear has a corresponding meaning. Relocation involves relocating snow from the perimeter of the snow clearing areas to another location on the premises. Relocate had a corresponding meaning. Removal involves relocating snow from Premises to a location outside the Premises. Remove has a corresponding meaning.