Cheng Jen Lin (Eric Lin)- Pond / Waterfall Agreement & Contract
This agreement binds PondScape LLC Invoice number 6823 and the grand total of $245,783.12 (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.
The customer agrees to pay 1/3 of the invoiced price before a work date will be scheduled. The second payment of 1/3 of the invoiced price is to be paid immediately upon start of excavation but before any components are installed. The balance remaining is due immediately upon the same day of completion . Completion is determined by the PondScape Supervisor on the job site. 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 out to: PondScape, LLC. The customer will be charged a $35.00 fee for returned checks.•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 up to the date and time of final payment received.•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 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.•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 $750 for each trailer/truck-load of biodegradable, disposable products. Minimum charge is $400. 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. PondScape WILL dispose of any rubish created by our crews or packaging material for any new products purchased through PondScape.•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 Ohio Utilities Protection Service (OUPS) for locations of buried lines for residential projects only (Ohio). 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 OUPS or similar agency. 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 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.
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All invoices over $2500 are to be paid by cash, certified check or bank draw. Credit card payments are welcome but will incur a 3% convenience fee.
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Document Name: Cheng Jen Lin (Eric Lin)- Pond / Waterfall Agreement & Contract
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