IPHCS Contract

This contract is approved as recurring, which will automatically renew every year. To cancel or change this service please provide a written notice by emailing Gerard@iphcs.com. If a written cancellation is not received, service and billing will continue.

This proposal is valid for 30 days from the date proposed on page 1. If the customer should sign the proposal after the 30 days, High Tech Landscapes, Inc. can adjust price due to changes in costs of materials, goods & services, A new proposal will be presented.

Entire Agreement: These General Terms & Conditions are attached to a written proposal from High Tech Landscapes, Inc. and/or Integrated Plant Health Care Systems, Inc. hereafter referred to as HTL, Inc. to a residential customer/commercial.

Plans & Permits: The customer is responsible for obtaining & paying for all required plans & permits. If architectural, engineering, or grading plans are involved in the project, the customer shall approve those plans & pay for all fees.

Change Orders: Customer shall be responsible to pay for any additional work requested outside of the scope of the proposal. HTL & the customer shall mutually agree upon the amount of such additional work at the time it is requested.

Price: The Client agrees that High Tech Landscapes, Inc. may also increase the rates or provide a reasonable surcharge for increases in costs due to changes material costs, labor rates and any local, state or federal rules and ordinances or regulations applicable to the services provided herein. The Client agrees to pay post-contract increases in taxes, fees or other governmental charges assessed against High Tech Landscapes, Inc. (excluding income and property taxes). Moreover in the event of significant delay or price increase of materials occurring during the performance of the contract through no fault of the Contractor, the contract sum, time of performance, and contract requirements shall be equitably adjusted to reflect such changes. A change in price of an item of material shall be considered significant when the price of an item increases over 5% percent between the date of this contract and the date of installation. Unavailability shall mean if the materials are not generally available within 30 days and/or require order terms that do not reflect industry standards.

Substitution of Materials: Materials & products specified may not always be available. HTL reserves the right to substitute any materials or products with other materials or products of the same kind & of a quality that will not be functionally, physically or aesthetically detrimental to the project.

Access to Site: The customer will provide HTL, with access to the site including access for its equipment & the materials necessary for the project.

Time for Completion: The proposal shall be completed in a timely manner based on the mutual expectations of HTL & the customer. HTL shall have no liability for delays in completion caused by factors outside its control, such as strikes, weather conditions, delays in obtaining materials, lack of access to the job site, or acts of god or terrorism.

Disclaimers: HTL shall not be responsible for damage to unmarked underground objects, such as low voltage lines, lighting, water & gas pipes, & pool equipment & plumbing. HTL shall not be responsible to repair any existing conditions at the site, including asbestos abatement, or mold & rot removal. Absent its own gross negligence or willful misconduct, HTL shall not be responsible for damage to driveways, walks, curbs, plants, trees, shrubs, lawns or walls. HTL reserves the right to take pictures of our work at your property to be used for marketing purposes.

Concealed or Unknown Physical Conditions: The proposal is made with the assumption that the existing utilities are adequately sized. If we discover a concealed or unknown physical condition at the site, the price & scope of the proposal shall be equitably adjusted. Such conditions may include, for example, problems with the soil or underground water conditions which we may require a change order to remediate the issue, or may require the customer to hire an appropriate contractor or vendor to remediate the issue, all at the customer’s expense.

Payment: Unless otherwise specified in the proposal, payment including all applicable sales tax is due in full upon completion of work. Any Prices/Taxes on invoice override prices on signed proposal. Any payment not received on time shall accrue interest at the rate of 10% per annum until paid. In the event it is necessary for us to pursue collection of unpaid amounts due, the customer shall be responsible for reimbursement of our collection costs, including reasonable attorney fees, collection agency fees, & court costs.

Warranties: HTL warrants that materials & equipment furnished will be new & of good quality unless otherwise required or permitted under the proposal. Irrigation: All equipment is warranted to be free of defects for (3) years as to parts, & (1) year as to labor. Unless otherwise stated on the proposal. Plants: HTL will provide a one-time only replacement of any tree, shrub, evergreen or herbaceous that has died within (1) year from the date of installation, provided the plant has been cared for as instructed, not misused, or been killed for reasons outside of HTL’s control such as deer browsing, rodents, insects, mechanical damage, neglect, or natural disasters. Transplanted & annual plant materials are not covered under this plant warranty. Hardscape: Hardscape construction (which includes the installation of patios, retaining or other walls, walkways, stairs etc.) shall have a limited (3) year warranty from the date of completion of the installation on all materials & labor. Limited warranty shall mean any warranty expressly granted herein. Additionally there are no warranties granted or issued with respect to any installation of items installed such as furniture, water features, fencing, pergolas, landscape lighting, appliances or any other item manufactured by another company & simply installed by HTL. No other warranties are provided & all implied warranties are expressly disclaimed. The foregoing warranties are not available unless full payment has been received in accordance with the payment terms.

Disputes: In the event of any dispute, if informal resolution does not occur, then customer agrees that in lieu of a judicial trial any & all claims shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association applying New Jersey law at a location within New Jersey near Branchburg.

Contract Termination: If this agreement is terminated by either party for any reason, customer shall be liable to HTL for payment for all costs advanced & services provided, including overhead & profit, through the date of termination. Except as otherwise provided in Section 16 “Notice to Consumer”, termination of this agreement must be provided in writing through electronic or USPS mail service.

Limitation of Liability: In the event of a breach or default by HTL in it’s performance under this agreement, maximum potential liability of HTL to customer shall be to return any payments & deposits received from customer, less out of pocket costs for any materials or supplies delivered to customer.

Insurance: HTL carries at least the minimum amount of insurance mandated by New Jersey law & will provide, upon request, a Certificate of Liability Insurance (which includes a telephone number for the insurance company issuing the certificate). Customer shall provide property insurance to cover the value of the customer’s property, including the value of the work performed by HTL under this agreement. The customer & HTL waive all rights against each other & any of their subcontractors, suppliers, agents & employees, each of the other, for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the work performed by HTL.

New Jersey Mandated Disclosures: HTL is a New Jersey corporation, registered with the New Jersey Division of Consumer Affairs under the Contractor Registration Act, License No. 13VH01305600. Any questions regarding this agreement or HTL may be directed to the New Jersey Division of Consumer Affairs, 124 Halsey Street, New Jersey 07101, Telephone number: 1-800-242-5846.

Notice to Consumer: You may cancel this contract at any time before midnight of the 3rd business day after receiving a copy of this contract. If you wish to cancel this contract, you must either: 1. Send a signed & dated written notice of cancellation by registered or certified mail, return receipt requested; or 2. Personally deliver a signed & dated written notice of cancellation to: HTL and/or IPHCS, Inc., 10 Culnen Drive, Branchburg, New Jersey 08876, Telephone number 732-356-4975. If you cancel this contract within the (3) day period, you are entitled to a full refund of your money. Refunds must be made within (30) days of HTL’s receipt of the cancellation notice. If you have executed any credit or loan agreement through HTL to pay all or part of this contract, the agreement or note shall be cancelled without penalty to you & written notice of that cancellation shall be mailed to you within (30) days of receipt of the notice of cancellation.

Excusable Delay: All services, labor, materials and equipment to be performed and furnished by the High Tech Landscapes, Inc. within the contract shall be performed and furnished in accordance with the schedule set forth within the contract. However, High Tech Landscapes, Inc. shall not be responsible for reasonable delays in performance of any such services due to inclement weather, Hurricanes, floods, windstorms, unavoidable casualties, acts of God, strikes, shortages of materials and/or an epidemic/pandemic. The terms and conditions of this clause shall control in the event of a conflict with the terms and conditions of the standard schedule set forth within this contract.

Fuel Surcharge: Fuel costs represent a significant percentage of operating expenses associated with this contract. Because of the potential fluctuations in fuel prices throughout the contract year, the Client agrees to the following terms in regards to High Tech Landscapes, Inc.’s implementation of fuel surcharges: Fuel surcharges will not be imposed when The New Jersey average of regular fuel is at $3.49 and below per gallon, as indicated by the AAA Daily Fuel Gauge Report. The New Jersey average of regular fuel, as indicated by the AAA Daily Fuel Gauge Report, will be checked on the 25th of each preceding billing month. If the New Jersey fuel average is reported on that date to be $3.50 and greater, the following fuel surcharge scale will be utilized: $3.50-$3.99 = 3.0%, $4.00-$4.49 = 4.0%, $4.50-$4.99 = 4.5% and $5.00 and above = 5.0%. Fuel surcharge percentages will be accessed on the total non-taxed contract price. The fuel surcharge is taxable, as the product or service sold is taxable. Because landscaping services are taxable, High Tech Landscapes, Inc. must charge tax on the fuel surcharge that is being assessed. High Tech Landscapes, Inc. agrees to cease its fuel surcharge percentage at 5.0%, regardless of fuel prices reaching beyond $5.00 per gallon. No reduction in pricing will occur for fuel prices that drop below $3.50 per gallon.