This Agreement made and entered into between hereinafter referred to as
"Sandman", and “Customer”. For good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Sandman and the Customer hereby
agree as follows: The Customer hereby employs Sandman to furnish labor and
materials necessary for Topdressing and/or Aeration Services and/or INTELLIGENT
Fertilizer Program Application Services or other services on the lot of the
Customer.
Actual Square Footage of Area to receive the above selected service will be
determined at time of service.
Time is of the essence in this agreement. It is the Customer’s responsibility
to:
1. Provide accessibility to all areas to be serviced. No accessibility for
equipment shall void this agreement.
2. Clear yards of all objects, removing pets, mark pet fences, all sprinkler
heads and valve boxes.
3. Prepare turf areas for topdressing by scalping turf as close as possible to
ground (within ¼” to ¾” from the ground) and remove clippings as is possible.
4. For turf not ready to service, there shall be a $75.00 rescheduling fee.
Payment shall be made upon delivery of material/equipment and prior to services
to be performed. Sandman hereby agrees to furnish labor and materials to
complete the above, specified order for the amount specified in the Schedule of
Payment below in accordance with and subject to the terms and conditions as
outlined below, and which are hereby made a part of this Agreement. Fulfillment
of this Agreement is contingent upon strikes, fires or ability to obtain
material or other conditions beyond control of the Sandman. In no event shall
any claim, demand, or recovery by the Customer under this agreement, or any
provision thereof, or any actions for damages by Customer exceed the total
amount of the money actually paid by the Customer under this agreement less all
costs incurred by Sandman related to work under this agreement.
No Warranties have been made by Sandman in reference to this Contract unless
expressly included in this written agreement. Sandman does not guarantee or
warrant the performance, merchantability, or fitness for any particular purpose
of any products sold or installed hereunder.
Customer acknowledges and agrees that due to material deliveries or other
conditions not within the Sandman’s control, which Sandman cannot guarantee a
specific completion date and agrees that while Sandman will put forth its best
efforts to meet a completion date, no absolute completion date will be
guaranteed. Customer agrees that Sandman is not responsible for the failure of
the Customer to follow instructions as to watering and caring for treated areas.
In the event the Customer refuses to comply with the terms of this Agreement
before or after commencement of the work, the Customer shall be liable for
liquidated damages in the amount of twenty-five percent (25%) of the Service
Contract price, plus any and all costs incurred including attorneys fees or
other costs of collection, related to this Agreement. The liquidated damage
provision is in consideration of Sandman scheduling the job to be completed and
not scheduling other work available to the Sandman. Should work be completed by
Sandman, the Customer shall be liable for the agreed upon price plus all costs
of collections.
Sandman shall not be responsible for underground items such as water service,
sprinkler systems, cable and phone or electrical wire, etc. The customer
acknowledges receipt of a copy of the Agreement and certifies that he has read
the full contents thereof before signing the same, and that the terms and
conditions and the meaning thereof have been explained to him. This Agreement
constitutes the sole and entire agreement between the parties, No
representation, not included in this Agreement shall be binding upon any party
hereinafter.
This Agreement has been entered on this date. Customer shall receive a completed
agreement electronically (via e-mail) within 24 hours of Customer’s acceptance
and scheduling.