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PondScape, LLC (Florida) Customer Contract

This agreement binds the below listed invoice number and amount entered by the customer to this contract:

PondScape, LLC may be listed as PondScape for sake of this contract. PondScape, LLC located at 5005 Market Street in Youngstown , Ohio 44512 as main operating address. PondScape, LLC mailing address at 1314 E. Las Olas Blvd #1558 Fort Lauderdale, FL 33301. PondScape Florida Certified General Contractor License #CGC1527068, Florida Specialty Marine Contractor License#SCC131152127. The customer listed and signed may be listed as “the customer” for sake of this contract. The invoice number listed above shall remain part of this contract in its entirety.

Payments: Payments are non-refundable if the job is cancelled by the customer*. Job completion shall be defined as all products and materials listed on the associated invoice have been received and/or installed as specifically described on the invoice with water filled. The system may be connected to temporary electric and considered complete. If no electric is available, the job is still considered complete. (* )in the instance of a job or contract cancellation, the payments are not refundable. Any products purchased by PondScape for the job will immediately become property of the customer based on the products' retail MAP (minimum advertised price [policy]) published by the manufacturer of the product. If any amounts paid by the customer exceed the retail MAP price of products, these amounts will be forfeited by the customer unless specifically agreed upon, in writing and signed by PondScape, LLC and "The Customer". CHANGE ORDERS: Any difference of 5% or more from the contracted price will be presented to the customer in form of a change order requiring authorization in form of a signature before any extended work that is not listed on the invoice is performed.

Pond Installations under $25,000: The customer agrees to pay 1.5% or $5000.00, whichever is greater, of the invoiced price for any installation of a water feature up to $25,000 before a work date will be scheduled. The second payment equaling 1/2 of the invoiced price is to be paid immediately upon arrival of PondScape at the job site. The balance remaining is due immediately upon the same day of completion .
Pond Installations over $25,000; The customer agrees to pay 1.5% or $5000.00, whichever is greater, at time of contract signing in order to secure an installation start-date. The first 1/3 of the total contracted price is due to order pond components. The 2nd 1/3 payment is due immediately after excavation of pond area and before liner installation to cover cost of rocks and gravel, etc. The final balance is due upon job completion.

•Job time varies based on water feature sizes and accessories. PondScape has the right to cancel and reschedule work dates/times for any reason what-so-ever including, but not limited to weather events, equipment failures, employee illness and delays in material suppliers.
•PondScape will not be held responsible for damages caused to neighboring properties due to the negligence of the customer to inform PondScape of proper boundaries and property lines.
• We try to utilize manual labor rather than heavy machinery whenever possible but we will most definitely cause turf damage. Unless otherwise specifically listed on your invoice, PondScape will not repair turf damage caused by our equipment. (i.e.; wheel barrows, machinery, hand tools, etc.).
•PondScape will not be responsible for any injury whatsoever or death caused by or in any water features. Any insurance or legalities are sole responsibilities of the property owner. Electrical injuries, traumatic injuries, and all other types of injuries will be settled by the property owner only and will not affect PondScape or any of its affiliates. PondScape will only be responsible for injuries to its employees during the construction process as covered by PondScape’s commercial insurance and Workman’s Compensation.
•The customer takes full responsibility for any legalities or codes of law that must be followed with his water feature (i.e.; fences, licenses and permits). It is not the duty of PondScape to research these codes.
•PondScape will have no responsibility of the appearance, water level, or any other responsibility what-so-ever in the instance of a previously excavated pond or installation assistance by other persons not employed by PondScape.
•In the result of a fine by a city ordinance or similar, the customer will pay the full amount and will be deemed the responsible party for the violation.
•The customer supplies the water to fill and maintain the water feature. Water is available to be hauled in for delivery. This cost shall be specifically listed on the invoice if needed. Otherwise, we will utilize an outdoor spigot to fill the pond.
•All warranties are void if another company performs work in or around pond area for any reason what-so-ever. PondScape offers a same-season workmanship warranty for any fully constructed water feature. This warranty will cover any service calls and fees resulting from a result of poor workmanship or incorrectly installed components based on manufacturer specifications. Same-season is known as the ending of the pond season and shall be defined as the first day of winter in the same calendar year. Same-season warranty is for workmanship only. All manufacturer product warranties will remain as listed by each manufacturer. PondScape honors most manufacturer warranties in-house but service calls will apply to cover time, labor and travel.
•The customer must supply temporary electric (cords) for the water feature to operate. PondScape recommends the customer has a qualified electrician install permanant electric AFTER installion is complete. PondScape DOES NOT install electric source.
•Most of our landscaping materials are dumped via truck on your property. We are not responsible for driveway damages caused by rocks or other materials when the customer chooses to have materials dumped on driveway. We will gladly dump materials in a grass area of your yard or the street, but the customer takes full responsibility for this action. We always order more materials than needed. Any excess boulders are property of PondScape and will NOT be left at the customers property. Extra topsoil or gravel may be left for customer’s use. Please initial here agreeing to this and noting you will have a designated conspicuously marked staging area for materials to be dumped, unloaded or stored
•PondScape will not haul away materials free of charge. PondScape charges $750 for each trailer/truck-load of trash, biodegradable, or disposable products. Minimum charge is $750. Customer may request this service during or immediately after construction. Otherwise, our crews will leave such materials on property for customer disposal. We will not utilize our equipment to relocate disposal materials excessive distances that would decrease time productivity on your job. We do not haul away old concrete or rocks of any sort unless specifically listed on the invoice.
•The customer is responsible for locating and advising PondScape of any construction hazards (i.e.; buried pipes, electrical lines, etc.). PondScape will not be held responsible for damage to these items. Any injuries as a result of the negligence of not informing PondScape of these items will be sole responsibility of the the customer. Any obstacle uncovered while excavating your pond will result in stop of work until the customer hires a professional to remove/relocate the obstacle at the customer’s expense. PondScape will make every effort to repair or remove such obstacles with the customers approval if so qualified to perform such repair.
•IMPORTANT Although our crews are extremely cautious while handling your fish and livestock, PondScape, its employees and any affiliates will not be held responsible for the death of any fish or wildlife, disease, parasites or infestations within your pond or fish as well as any damage to the surrounding landscape. We will take every precaution possible to insure the safety of the wildlife in you water feature.
•The customer agrees to pay all legal fees and fines including, but not limited to attorney fees and court costs in the event of a lawsuit by any person regarding this job contract for any reason what-so-ever.
•The customer agrees to sign the “Installation Customer Approval Form” at the completion of the job. The form along with final balance payment is indication that the owner is satisfied with the job. Any warranties begin once the form is signed. After this point, return visits will incur standard service call fees.

OPTIONAL Fill in your billing address here if different from jobsite address:

Checks and certified checks are to be made payable to PONDSCAPE LLC and mailed to our Ohio address. Credit card payments are welcome but will incur a 4% convenience fee.

PAYMENT METHOD

Cash, Certified Check

Credit Card

PondScape Financing

Credit Card Customers ONLY, fill out credit card information here. VISA, MC, Discover will need the 3 digit cvv code on the back of the card. American Express uses the 4 digit code on the front. This form is secured on a third-party encrypted server.

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March 2, 2021 8:50 am EDT

PondScape, LLC (Florida) Customer Contract Uploaded by PondScape Support - support@pondscapeonline.com IP 72.23.89.192