Fine Gardening Terms & Conditions
This is an agreement between “Customer”, defined on 2023 Fine Gardening Service Contact, and Moscarillo’s of West Hartford. (“Moscarillo’s”), 2600 Albany Ave, West Hartford, CT 06117. Under the terms set forth below, Customer agrees to purchase Fine Gardening services of Moscarillo’s as set forth on the 2023 Fine Gardening Service Contact Description on page two (2), and Moscarillo’s agrees to render such services. As consideration, Customer agrees to pay Moscarillo’s the amount shown as “Total” in the Contract Price in exchange for performing the services described in the Contract Description. The parties further agree as follows:
PAYMENTS: The invoice shall be paid by Customer within 15 days of the invoice date. If the total balance is not received by Moscarillo’s by the end of the 15-day period, interest will be paid on that balance by Customer at a rate of 1.5% per month. Failure by Customer to pay the remaining balance within 105 days will constitute breach of this agreement. Upon breach of this agreement, Customer agrees to pay all costs of collecting any remaining balances, including attorney’s fees. No warranties will be issued until full payment is received. No warranties will be issued until full payment is received.
PLANTS & LAWNS: Fine Gardening Services are provided weekly, bi-weekly, or monthly. Moscarillo’s routinely inspects the overall health of your perennials, shrubs, and trees under 15’ tall. Our Fine Gardening Crews will look for any abnormal appearances and or changes that might signal insect infestations, weak, or damaged areas. If plant problems are observed, the Customer will be notified and provided a quote to remedy the issue. Moscarillo’s has not been hired 24/7 to monitor your property and therefor is not responsible for plants killed by animals, rodents, insects, mechanical damage, neglect, natural disasters, or other reasons over which Moscarillo’s has no control.
CHANGES: Moscarillo’s will make reasonable efforts to adhere to the Contract as outlined. Circumstances may arise beyond the control of Moscarillo’s that may prevent executing the Contract exactly as planned. Moscarillo’s will make reasonable efforts to minimize this impact on the maintenance plan. Customer acknowledges this possibility and accepts the action Moscarillo’s will take to minimize the potential change. If the Customer wishes to change any part of the plan after this agreement is signed, costs will be added to the remaining balance of the Contract and billed as part of the original Contract. Any changes in the Contract, whether the changes result in additional time, cost, or neither, must be made in writing and signed by both parties, using a Change Order Form. Each change made by Customer during installation will result in a $100 charge, in addition to any additional charges for materials or labor that are incurred by Moscarillo’s as a result of the change.
PERMITS & UTILITY MARKING: Customer is responsible for securing all necessary permits. Unless specified in writing, Moscarillo’s is not responsible for code violation made at Customer request. Moscarillo’s will not be held responsible for any other utilities that may have been installed by the homeowner or their contractors not disclosed to us prior to work beginning. Additional charges may be incurred to accommodate these utilities. Customer is responsible for all property boundary markings.
SERVICES START AND COMPLETION: There may be delays in the beginning date and completion date due to poor weather or other circumstances beyond the control of Moscarillo’s. Those delays will not alter or invalidate any part of this Contract, nor will they entitle Customer to additional rights under the Contract.
TERMINATION: This agreement may be cancelled by mailing (written or digital) notice to Moscarillo’s one month prior to service start date. If after that time Customer wishes to terminate this Contract, Customer must give Moscarillo’s thirty (30) days advance written notice. Moscarillo’s will retain any monies paid by Customer up to the effective date of termination and is entitled to any expenses for materials or other expenses incurred by Moscarillo’s.
ESTIMATES: Moscarillo’s will make reasonable effort to accurately estimate the materials needed to complete the Contract. However, Customer acknowledges that there may be differences between the estimate and the final price. If the actual price is less than the estimated Contract Price, that amount will be discounted on the final payment due Moscarillo’s. If the actual price is more than the estimated Contract Price, that additional amount will be added to the final payment due Moscarillo’s. Customer will pay Moscarillo’s that additional amount.
NOTICE OF LIEN RIGHTS: AS REQUIRED BY THE CONNECTICUT MECHANICS LIEN LAW, BUILDER HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER’S LAND MAY HAVE LIEN RIGHTS ON OWNER’S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED BUILDER, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 90 DAYS AFTER THEY LAST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
The failure of Moscarillo’s to enforce any right accruing under this agreement shall not be construed as a waiver of a subsequent right of Moscarillo’s to enforce the same or any other right, term or condition. This agreement shall be interpreted and enforced in accordance with the laws of the State of Connecticut.