Terms of Service

Terms of Service



McClary's Lawnscapes Landscaping Services

Effective Date: 06/01/2023



1. Services Provided

McClary's Lawnscapes provides landscaping services including but not limited to lawn maintenance, garden design, irrigation repairs and activation/winterization, hardscaping, and seasonal cleanup. Specific services will be detailed in individual service agreements or estimates.



2. Estimates and Pricing

  • All estimates are valid for 30 days from the date issued
  • Prices are subject to change based on material costs and project scope modifications
  • Additional work beyond the original scope requires written approval and may incur additional charges
  • Payment terms are net 30 days unless otherwise specified in the service agreement

3. Scheduling and Access

  • Client must provide reasonable access to the property during scheduled service times
  • We will make reasonable efforts to notify clients of schedule changes due to weather or other circumstances
  • Recurring services may be rescheduled due to inclement weather conditions

4. Client Responsibilities

  • Ensure clear access to work areas and remove any obstacles
  • Mark or identify any underground utilities, sprinkler systems, or buried cables
  • Secure pets during service visit
  • Provide accurate property boundaries and any relevant restrictions
  • Notify us of any changes to property conditions or special requirements

5. Materials and Plants

  • We source quality materials and plants but cannot guarantee survival of plantings due to factors beyond our control (weather, soil conditions, maintenance)
  • Plant warranties, if any, will be specified in writing and typically cover replacement only, not labor
  • Clients are responsible for proper watering and maintenance as instructed

6. Liability and Insurance

  • McClary carries general liability insurance
  • We are not responsible for damage to unmarked underground utilities or irrigation systems
  • Client property damage will be repaired or compensated at our discretion up to policy limits
  • We are not liable for indirect or consequential damages

7. Weather and Delays

  • Services may be postponed due to weather conditions that make work unsafe or ineffective
  • No penalty will be assessed for weather-related delays
  • Force majeure events may result in service delays without penalty

8. Cancellation Policy

  • Recurring services require 7 days written notice for cancellation
  • One-time projects may be cancelled up to 24 hours before scheduled start without penalty
  • Cancellations with less notice may incur a service charge

9. Payment Terms

  • Payment is due within 30 days of invoice date unless otherwise agreed
  • Late payments may incur a 1.5% monthly service charge
  • Digital payment links and card payments may be subject to 3.5% service fee
  • Returned checks subject to $35 fee plus any bank charges
  • Unpaid accounts may be subject to collection procedures

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    10. Dispute Resolution

    

    • Any disputes will first be addressed through good faith negotiation
    • If resolution cannot be reached, disputes will be resolved through binding arbitration in Thurston County, WA through the BBB
    • Client is responsible for attorney fees and costs if collection action is required

    11. Limitation of Warranty

    • We warrant our workmanship for 30 days from completion
    • No other warranties are provided, express or implied
    • Any warranty claims must be reported within the warranty period

    12. Modification of Terms

    • These terms may be modified only by written agreement signed by both parties
    • Continued use of services after term modifications constitutes acceptance

    13. Governing Law

    • These terms are governed by the laws of Wachington State. Any legal proceedings will be conducted in Thurston County, WA

    Contact Information: McClary's Lawnscapes Yelm WA. 253-307-0995

    info@mcclaryslandscapes.com

    

    Client Acknowledgment:

    By signing below or accepting services, client acknowledges reading and agreeing to these terms.

    Client Signature: _________________________ Date: _________

    Print Name: _________________________

    McClary's Lawnscapes Representative: _________________________ Date: _________