GREENTHUMBKNOWLEDGE

Business number 808-557-8356

Kailua-Kona ,HI United States 96740

©2017 by Greenthumbknowledge.  All photography, art depictions, and quotes displayed on this website were created by  Gore Green Growers LLC.  Gore Green Growers LLC holds exclusive rights to photography used on this page. Proudly created with Wix.com

TERMS AND CONDITIONS

Client-Contractor Agreement

  1. The contractor will carry out completed landscape work described in the estimate document in a good and workman like manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties.  If there shall be any discrepancy between any specification and any drawing, the description contained in specification shall prevail over the drawing. 

  2. The contract documents shall contain, the estimate, the specification plans, and any other document referred to in the estimate.  No qualification in any acceptance issued by the client shall form any part of the contract unless specifically agreed to in writing by the contractor. 

  3. Only the items on the estimate specification are included, but all works are due for payment. All other requested works are excluded.

  4. The client is responsible for obtaining any necessary planning permission for the works and fulfilling the statutory requirements.


Payments

  1. The client accepts that he/she will pay the contractor the full contract sum (all costs incurred) together with any tax properly chargeable upon the contract.

  2. A deposit of 1/3 down will be required prior to the start date.  Payment for the remainder will be due upon completion.  The client will pay any extra works, or costs due to unknown difficulties or changes, which are not within the estimate.

  3. Larger contracts may be broken into payments by draws.  Frequency and amount will be agreed upon by client and contractor. 

  4. Payments are immediately due on receipt of invoice.

  5. The contractor will only ask for the estimate price, unless there are any unforeseeable difficulties, or the work has been increased.  In either case, all work will be paid for.

  6.  For one time services, customer can pay via credit or debit card, check from a LOCAL bank, or cash.  If customer pays via credit or debit card, there will be a 5% surcharge for tax and processing fees. 

  7.  For maintenance agreements, services will be performed twice a month, and billed at the end of each service.  Customer has the option to pay once a month, and we can setup recurring payments by debit or credit card via phone.


Site

  1. The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains, and waste materials.  Where problems are found underground, the contractor shall be entitled to charge the additional work necessary and properly executed by the contractor to complete the work. 

  2. The contractor shall be free from any liabilities (including structural or accidental) when using machinery, accept for accidents caused by improper use.

  3. Any material, refuse, or debris required to be removed from the site to execute the contract, not in the estimate, may be billed for hauling and dumping.


Delay/Disruption

  1. The contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time o by a specific date if agreed. Under no circumstances shall the contractor incur any liability to the client for any untimely performance.

  2. The contractor shall not be held responsive for any delays caused by weather which make contract execution impossible. 


Materials on-site

  1. Materials delivered to site become the responsibility of the client.  The contractor accepts no responsibility for loss damage or expense after delivery of materials to the site for any reason.

  2. Any material brought to, or removed from the site, excess to the contractor’s requirements remains the possession of and removable by the contractor who shall have the right to enter the site for that purpose.

  3. Lawn Debris:  Removal of lawn debris is included as part of your routine maintenance service.  Lawn debris includes anything left behind by Mother Nature (sticks, leaves, misplaced ground cover, etc.).  PLEASE NOTE: We do not remove grass clippings.  Other items not included in our definition of lawn debris are man-made trash items — newspaper, packing peanuts, plastic bottles, paper cups, etc., as well as dog poop.  We are not a trash company.

  4. Larger amounts of lawn debris (e.g., tree limbs) caused by inclement weather, or brush piles collected by Client as a result of your own yard work efforts may require an extraneous charge for removal.  Removal requests must be made directly to the office, and the pile will need to viewed and priced before any removal can take place.  Please do not approach your crew and insist that they do this as a part of your regular maintenance routine — they do not have appropriate room on their trucks to accommodate these requests, nor are they to be held responsible for doing work outside the realm of regular routine maintenance.


Warranties

  1. The contractor accepts no liability for any negligent act, omission, or any default under this contract unless specifically agreed in writing.


  1. Any structural or appearance of finished features is at the discretion of the contractor, unless agreed in writing by the client or agent prior to the start of works.  Where a written specification for the appearance of a feature is provided to the contractor, is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature.  The contractor is not liable for any works necessary as a consequence of such an omission.  This applies to both client and agent.


  1. We are very careful when we service your lawn, but if a covered incident does happen, we will repair the damage.  Contact us immediately, no later than 24 hours after the service where damage occurred.  Damages that occur during the performance of our services shall be the sole responsibility of GreenthumbKnowledge.  All approved repairs will be made by us or by an approved contractor; repairs made by others without our consent will not be our financial responsibility.


  1. Damage we will not cover include, but are not limited to: air conditioning wiring, bird baths, bird houses, benches, chairs, play sets, concrete, dog beds, downspouts, drainage, shade structures, fences, fence posts, fence stain, flower boxes, holiday décor, improperly installed irrigation components, irrigation valve covers, metal edging, path lighting, pottery, outdoor curtains, retaining walls, stone edging, (brick and/or stone), stone pathways, toys, unprotected trees, trampolines, plastic pools or other swimming pools, windows. Exposed cables/wires, invisible fence dog lines, or sprinkler components/lines normally found below the surface of the lawn, disease or damage to lawns, any item hidden in the landscape and not clearly marked.


  1. We are not responsible for items left on the lawn. We do our best to avoid running over hoses, toys, paper, dog bones, etc.  However, these items are sometimes difficult to see, so please take a moment and collect all objects on the lawn before the service team arrives.

  2. Window disclaimer: We are not responsible for any type of window and/or glass breakage while providing maintenance on your property from rocks, objects left in the yard, flying debris, etc. Note: Window damage and expenses shall be the sole responsibility of the customer.  You accept our service with these terms.



Rain Delay

  1. Sometimes it rains on and off and we continue to work.  Sometimes your day is rained out and we just come the next day.  Due to weather and conditions beyond our control from time to time, your mowing service may be off schedule.  In the event of record rain fall that keeps our crews from safely and effectively visiting properties, service days may be missed entirely with no chance of a visit before the next scheduled service day.  There will be no credits or refunds offered as a result of rained out days — our crews will resume regular visits when the weather allows, and we will do all that is necessary to get your property back up to excellent condition.



Inaccessible yards

  1. Once the service team arrives we begin our systematic approach to servicing your lawn.  In order to provide timely, efficient, and dependable service WE DO NOT CALL OR KNOCK on the door if a yard is inaccessible.  We do not offer credits or makeup visits for missed areas due to inaccessible yards.  Inaccessible Yards include, but are not limited to: locked gates, broken gates, ongoing projects, moving vans, too many parked cars, pets outside, outdoor parties, irrigation running, construction material, or workmen in a yard.


Changes, Complaints, and Communications:

  1.   Please make all communications, changes to service, or complaints to the office and not the service team.  There is a possibility that your team leader may forget, be off the next day, or misunderstand the information.  Contacting the office directly allows us to be certain that your changes or needs are noted correctly in your customer file and are placed on work orders, and it is the only approved way to request a change to service or additional services.

Please Note: The team is authorized to perform only the work listed on their work order for the day.  We schedule all seasonal yard tasks according to proven best practices timelines — trust us, we know our stuff.  Assuming that you know when a certain task is to be performed and interrupting the team to demand that task be done immediately is not effective, nor is it the way we run our business.  All additional work requires authorization and approval of the office before proceeding.  You accept our service with these terms.


Cancellation Policy:

  1.   This contract may be terminated for any reason by either party upon receipt of a written thirty (30) day notice of intent to cancel (non-payment of two consecutive months of service fees constitutes notice).  If notice of less than thirty (30) days is given by customer, then Greenthumbknowledge reserves the right to either bill for services in lieu of notice, or agree to termination based upon justifiable cause.  Any seasonal cancellations may be subject to price increases.