Sandman Application Service Terms of Agreement

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.