Terms + Conditions | Mulhall's

Terms + Conditions

 

These Terms and Conditions (“Terms”) shall apply to all commercial enhancement services (“Services”) and all products (“Products”) set forth on the attached proposal (the “Proposal,” and together with the Terms, the “Agreement”), that are provided by Mulhall’s Nursery, Inc. (“Mulhalls Landscape”) to the customer identified on the Proposal (“Owner/Customer”). The Terms are hereby incorporated into and made a part of the Proposal attached to these Terms.

  1. Proposal Pricing. The Proposal is valid for 30 days from Proposal date unless otherwise approved by Mulhalls Landscape.
  2. Plant Guarantee. All trees carry a two-year guarantee and all other nursery stock items carry a one-year guarantee, except for transplanted plants, annuals and flowers, plants in pots and planters, and all types of sod, which do not carry a guarantee, expressed or implied. Plant and tree guarantees will be voided in the case of loss or damage due to catastrophes and extreme acts such as fire, explosion, flooding, loss of power, major storm or structural damage, lighting, hail, vehicular damage; vandalism or theft; over- and under-watering or other well-meaning care by the Owner/Customer’s employees or contractors; accidental or malicious damage by the Owner/Customer’s employees, contractors, invitees, agents, or other personnel; damage resulting from animals; or Acts of God.
  3. Stump Grinding / Removal. For tree removal services, stumps from tree removal will be cut within approximately twelve inches of ground level. Stump grinding / removal is not included unless otherwise specified in the Proposal.
  4. Utility Locates. If applicable, Mulhalls Landscape will call in the utility locates before starting the Services. For your safety and ours, the Owner/Customer is responsible for locating all private facilities before Services begin. Private facilities include, but are not limited to, underground irrigation lines, wiring, pipes, utilities, invisible fencing, or lighting systems, propane lines, etc. Mulhalls Landscape is not responsible for damage to private facilities whose locations are not properly marked by Owner/Customer.
  5. Irrigation. If set forth in the Proposal, Mulhalls Landscape will check the existing automated irrigation system at new landscaping areas, adjust for proper coverage, and replace broken heads and nozzles as needed. Irrigation adjustments, repairs, and additions are billed on a time and materials basis with a standard labor rate of $75 per hour.
  6. Drainage. Any drainage installation is meant to improve conditions but does not carry any guarantee of remedy, expressed or implied. Standing water, puddling, saturated soils, and washouts may still occur. Additional work may be needed after initial Services is completed. As a general note, standing water for up to 48 hours after significant rainfall is typical in the Great Plains.
  7. Access to Jobsite. Owner/Customer will furnish access to all parts of jobsite where Mulhalls Landscape is to perform Services or provide the Product as required by the Proposal or other functions related thereto, during normal business hours and other reasonable periods of time. Mulhalls Landscape will perform the Services or provide the Product as reasonably practical after the Owner/Customer makes the site available for the performance of the Services or provision of the Product. Owner/Customer is to provide all utilities to perform the work. Owner/Customer shall be responsible to remove or protect any personal property located on the jobsite, and Mulhalls Landscape shall not be liable for damage to the same, unless caused by its negligence or willful misconduct.
  8. Invoicing. Owner/Customer will make payment to Mulhall’s Landscape within thirty (30) days upon receipt of invoice. If the completion of work requires more than thirty (30) days, a progress bill may be presented by month end and will be paid within thirty (30) days upon receipt of invoice. Any amount that becomes 30 days past due shall accrue interest at a rate of 1.5% per month (18% per annum), or the highest allowable legal rate, whichever is less, commencing on the date when such payment was due. Owner/Customer shall reimburse Mulhall’s Landscape for all collection costs, court costs, administration costs, investigation costs, attorneys’ fees and all other incidental costs, charges or expenses incurred in the collection of past due amounts or otherwise resulting or arising from any breach by Owner/Customer of any of its obligations to Mulhall’s Landscape.  
  9. Notification of Deficient Work. If Owner/Customer believes Mulhalls Landscape has provided deficient work, Owner/Customer agrees to notify Mulhalls Landscape of deficiencies, in writing, within 10 days of said occurrence. If written notice is not received by Mulhalls Landscape within 10 days of the time when Owner/Customer knew or should have known of the deficiencies, Owner/Customer is deemed to have waived any and all claims to recover past payments and/or rights to withhold present or future payments due under this Agreement. Upon a notification of deficient work, Mulhalls Landscape agrees to rectify such deficiencies within 14 days to the extent commercially reasonable. If Mulhalls Landscape corrects the deficiencies in accordance with the schedule, it shall not forfeit any amounts due under this Agreement.
  10. Governing Law. The Agreement shall be governed by and constructed in accordance with the laws of the State of Nebraska. The Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter herein, and supersedes all prior and contemporaneous written or oral negotiations, understandings, agreements, representations, and warranties, with respect to the subject matter herein. Any provision of the Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction
  11. Promotion. Owner/Customer hereby assigns to Mulhalls Landscape the irrevocable and unrestricted right to use and publish photographs of the Services performed or Products provided for editorial, trade, advertising, educational and any other purpose in any manner and medium, to alter the same without restriction, and to copyright the same without restriction. The Owner/Customer releases all claim to profits that may arise from use of images.
  12. Limitations of Liability; Warranty. The Proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means, at or about the time the Proposal was prepared. The price quoted in the Proposal for the Services and Products described is the result of that ground level visual inspection, and Mulhalls Landscape will not be liable for any additional costs or damages for additional work not described herein, or liable for any incidents/accidents resulting from conditions that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. Mulhalls Landscape cannot be held responsible for unknown or otherwise hidden defects or conditions. Any corrective work proposed herein cannot guarantee exact results. Professional engineering and/or certified landscape architectural design services are not included in the Proposal and are not provided by Mulhalls Landscape. Any design defects in the Proposal or any other documents or materials provided by Owner/Customer are the sole responsibility of the Owner/Customer. If the Owner/Customer must engage a licensed engineer, architect, and/or landscape design professional, any costs concerning these design services are to be paid by the Owner/Customer directly to the designer involved. IN NO EVENT SHALL MULHALLS LANDSCAPE BE LIABLE TO OWNER/CUSTOMER OR ANY THIRD PARTY FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE OR SPECULATIVE DAMAGES (INCLUDING IN RESPECT OF LOST PROFITS OR REVENUES), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF THE AGREEMENT, WHETHER OR NOT MULHALLS LANDSCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MULHALLS LANDSCAPE’S MAXIMUM CUMULATIVE LIABILITY TO THE OWNER/CUSTOMER FOR CLAIMS OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE PRODUCTS SHALL NOT EXCEED THE TOTAL FEES PAID TO MULHALLS LANDSCAPE BY OWNER/CUSTOMER UNDER THE PROPOSAL. EXCEPT AS PROVIDED HEREIN, THE SERVICES AND PRODUCTS ARE PROVIDED “AS-IS” AND MULHALLS LANDSCAPE MAKES NO WARRANTIES, WHETHER EXPRESSED, STATUTORY, OR IMPLIED, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONFORMANCE TO DESCRIPTION, OR WARRANTIES ARISING FROM COURSE OF DEALING, TRADE PRACTICE, OR OTHERWISE. MULHALLS LANDSCAPE SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, INJURIES, OR DAMAGES ARISING FROM OWNER/CUSTOMER’S OR ANY OTHER THIRD PARTY’S USE OF OR ACCESS TO OWNER/CUSTOMER’S PROPERTY AND/OR THE JOBSITE.