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CUSTOMER agrees that LORAX & CO, LLC may provide services on the date of its choosing, so long as said date is within 60 days of the Acceptance Date.
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The customer's job is usually scheduled immediately, but it may be scheduled for a date which is 45-60 days from today. A customer cannot decide that "today just isn't good for me" after we've traveled 45 minutes with 2 gigantic gas-hogging trucks to get to their house.
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CUSTOMER agrees that credit will not be extended and payment is due when WORK is completed in a way that would satisfy a reasonable person. If payment is not received at that time, CUSTOMER agrees to pay monthly late fees totaling 10% of the delinquent principal amount.
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If this were an installment loan or finance agreement, then the statutory limitation on financing interest would be 18% APR, or 1.5% per month. However, as this is expressly not a financed debt, we can charge
late fees of whatever is agreed to in the contract, with no limitations. I called the State Attorney General's office to verify this.
Also, "satisfy a reasonably person" is a commonly-accepted principle. Substantially justified, for instance, has been defined by legal statute and precedent as "justified to a degree that would satisfy a reasonable person."
-Plum Creek Timber Co. v. Wash. State Forest Practices Appeals Bd., 99 Wn. App. 579, 595, 993 P.2d 287 (2000) Quote:
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CUSTOMER agrees that in addition to binding to the terms and conditions of this AGREEMENT that he/she also provides a PERSONAL GUARANTEE to the terms of this AGREEMENT (including payment of principal, interest, and collections fees) which shall in addition be binding to any corporate, partnership, and or trade name entity stated herein.
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Therrin is right, generally parties incorporate to eliminate personal liability. However, if they willingly and knowingly accept personal liability, then they are legally bound just as the corporation is. I have
never had anyone dispute this clause. This is mostly put in place for the landscapers who do not feel that paying us is as important as paying the bar tab, and customers who hire us through their companies to do work on their personal property.
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CUSTOMER agrees that no employee or agent of LORAX & CO, LLC is authorized to mitigate disputes between neighbors.
Therrin: In that case, make sure that you and your employees don't find yourself in the situation of mitigating, and then turn around and say "that isn't official, I never said that" later on, just to cover yourself.
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I assure you that this simply does not happen.
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CUSTOMER agrees that CUSTOMER is responsible for designating property boundaries and underground installations (such as pipes, cables, wires, irrigation systems and septic systems), and is responsible for any costs that arise from errors or omissions in such designation.
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We actually do all of this ourselves (or call Miss-Dig), and the work order contains a map illustrating everything we can locate. The customer signs the work order verifying the accuracy of our findings. This clause only places the final responsibility on the homeowner instead of ourselves.
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CUSTOMER understands that during the course of the WORK lawn, soil, earth, plants and/or other property fixtures may be damaged, and unless otherwise mutually agreed in writing, no compensation, replacement, or guarantee will be provided for such damaged items.
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We have had several incidents in the past. All were relatively minor, and we took care of all of them to the client's satisfaction. Furthermore, we made so certain that the customer was completely satisfied that we could ask for a testamonial afterward. Although we haven't used it, we also have stellar insurance coverage.
This clause does not say that we
will not repair any damages if they happen, but that we have the ability to make the call. We have had people accuse us of damage which was undoubtedly there months before we were. I bend over backwards to serve each and every client, but I will not let the less ethically bound of them take advantage of us.
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CUSTOMER understands that Additional costs may be incurred if metal or concrete are found which result in damage to stump grinders, chain saws, or chain saw bars or chains.
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Again, we are talking about the ability to charge, not the necessity. If you don't see the reason behind this, then maybe you haven't yet found a tree which has been filled with 500# of concrete... Lucky you.
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CUSTOMER agrees that except as otherwise mutually agreed in writing, this document is the COMPLETE AGREEMENT of the parties and supersedes all other agreement(s) or understandings, written, oral, or otherwise.
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This clause states that only written agreements will be honored. Further, this agreement supersedes all others to date; however, a future agreement can amend this one, and past written agreements are still valid in any part where they do not conflict with this one.