Timothy Henkel Pondless Waterfall Feature


This agreement binds PondScape LLC Invoice number 7197 and the grand total of $38,898.98 (including any taxes) to this contract:

PondScape, LLC may be listed as PondScape for sake of this contract. 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.

Payment Schedule:
40% Deposit (Needed to order product and start the permitting process, if applicable) 
40% To be collected immediately on 1st work day prior to start of excavation and before any components are installed
20% due immediately upon the same day of completion. Completion is determined by the PondScape Supervisor on the job site.

No personal checks accepted for 2nd and 3rd payment. 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 the extended work is performed.   

•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.
•All checks / are to be made payable to: PondScape, LLC and mailed to 5005 Market Street Youngstown Ohio 44512.
•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. 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 for an additional charge. 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 without the written consent of PondScape. PondScape offers a one year 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. 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.
•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. 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 $75 for bagster/dumpster. The dumpster is approximately 4'x8' and can hold 3300lbs max. PondScape will leave the dumpster at curbside for the customer to dispose of or for the customer to make arrangements with the disposal company for payment of removal. PondScape will not cover disposal expenses of any sort. We will not utilize our equipment to relocate disposal materials excessive distances that would decrease time productivity on your job. 
•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. The customer must call Utilities Protection Services for locations of buried lines for residential projects only. Commercial projects are assumed to have been previously checked by general contractor. This action will not be performed by PondScape unless specifically listed on invoice and the customer takes full responsibility to call utility or similar agencies. 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.  
•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 may cancel this contract within 3 days of signing without penalty. If this contract is canceled after this period, any deposits and payments are not refundable. PondScape may agree to release components and hardgoods to the customer as listed on the invoice formerly proposed for the job not to exceed the MSRP value of products to equal the monies paid minus any labor, transportation or administrative fees incurred.
•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 the customer or any other person regarding this job contract for any reason what-so-ever. The customer waives his/her right to sue for these fees by signing this form even in the event of a ruling in the customer’s favor.
•The customer agrees to sign the “Installation Customer Approval Form” at the completion of the job. Refusal to sign the form is a violation and breach of this contract which will result in all warranties being void until the form is signed. The form, along with final balance payment, is indication that the customer is satisfied with the job and is considered complete. Any warranties begin once the form is signed. After this point, return visits will incur standard service call fees.

713.015 Mandatory provisions for direct contracts.—
(1) Any direct contract greater than $2,500 between an owner and a contractor, related to improvements to real property consisting of single or multiple family dwellings up to and including four units, must contain the following notice provision printed in no less than 12-point, capitalized, boldfaced type on the front page of the contract or on a separate page, signed by the owner and dated:

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

(2)(a) If the contract is written, the notice must be in the contract document. If the contract is oral or implied, the notice must be provided in a document referencing the contract.
(b) The failure to provide such written notice does not bar the enforcement of a lien against a person who has not been adversely affected.
(c) This section may not be construed to adversely affect the lien and bond rights of lienors who are not in privity with the owner. This section does not apply when the owner is a contractor licensed under chapter 489 or is a person who created parcels or offers parcels for sale or lease in the ordinary course of business.

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

All invoices over $2500 are to be paid by cash, certified check or direct bank draw. Credit card payments are welcome but will incur a 3% convenience fee.  

PAYMENT METHOD

CREDIT CARD CUSOMERS 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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Signed by PondScape Support
Signed On: February 1, 2023


Signature Certificate
Document name: Timothy Henkel Pondless Waterfall Feature
lock iconUnique Document ID: 78144bd84f635b8c1a83cadf7c60a4058e288808
TimestampAudit
December 13, 2022 4:16 pm ESTTimothy Henkel Pondless Waterfall Feature Uploaded by PondScape Support - support@pondscapeonline.com IP 24.239.226.74