This contract is to be used for SERVICE CALLS over $2500 and for PARTIAL Installations. A simpler Service Call Request Form shall be used for Service Calls under $2500. A full installation contract shall be used for any pond, stream or waterfall considered to be a COMPLETE INSTALLTION of ALL components, all rocks and gravel etc. 

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. 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:

Service Call Work under $5000: The customer agrees to pay in full 100% of the invoiced price for any service work under $5000 before a work date will be scheduled. 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.
Service Call Work $5000-$25,000: The customer agrees to pay 50% of the invoiced price for any service work of a water feature $5000-$25,000 before a work date will be scheduled. 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.
Service Call Work $25,001-$150,000: The customer agrees to pay 1/3 of the invoiced price for any service work $25,001-$150,000 before a work date will be scheduled. The second payment of 1/3 of the invoiced price is to be paid immediately upon final 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.
Service Call Work over $150,000 require a customized contract and payment draws.

Service Pricing: Pricing is specified as listed on your invoice referenced by the invoice number above. Should any work be agreed upon above and beyond the work stated on the referenced invoice, the customer will be charged $150 per man hour plus the initial service call charge as shown based on locations. The locations map can be viewed here:
 Ohio Location  Florida Location

•The customer must stay out of the work zone. For safety and efficiency, the customer agrees to stay a safe cleared distance from our work zone at all times.  We appreciate your passion- but you can not help us and our insurance policy requires your initials here agreeing to this
•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 and mailed to 5005 Market Street, Youngstown OH 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. 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.
•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.
•For tear-out, removal or demolition work, your invoiced amount is NOT final or flat rate. Should the time allowed and specified on your invoice be exceeded for this type of work, PondScape charges $150 per man hour with a minimum charge of $1000 per half work ay for excess work caused by unforeseen circumstances and the customer agrees to this charge. PondScape shall notify the customer immediately if this occurs and the customer must approve the continuance at this rate.  
•PondScape will not haul away materials free of charge. PondScape charges $750 for each small 7x10 trailer load of biodegradable, disposable products. Customer may only request this service prior to job start date. 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.  
•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 the appropriate Utilities Protection Service for locations of buried lines for residential projects. 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 such 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. This form along with final balance payment is indication that the owner 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.

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 bank draw. Credit card payments are welcome but will incur a 3% convenience fee.  

PAYMENT METHOD

Credit Card Customers, 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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Document name: PondScape, LLC Service Call Contract

Unique Document ID: 92594a5ba4352bdbf6d6414b2ef44632edca0671

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February 20, 2021 12:46 pm EDT	PondScape, LLC Service Call Contract Uploaded by PondScape Support - support@pondscapeonline.com IP 24.239.226.74

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