LandCare materials sales and delivery terms and conditions

LandCare Associates, Inc., its heirs and assigns (hereinafter "LCA") will furnish all materials and perform the labor necessary for the delivery of purchased materials subject to the conditions of the contract. Customer agrees to hire only LCA for such purposes.

All prices are subject to change without notice.

Returns Policy: Claims for shortages, damages and errors must be made within 24 hours of receipt of product. Returns are not accepted for any bulk materials, such as soils, mulches or aggregates once they have been loaded or delivered. An original sales receipt is required for non-bulk product returns within 15 days from the original date of purchase. Any materials that have been opened , broken, damaged or partially used cannot be returned. After 15 days from the date of purchase, lca will not accept any returned materials. A re-stocking fee of 20% will be issued to returns of materials brought back to LCA. Any requests for materials be picked-up at a home or job-site, will be assessed a fee to be collected prior to the pickup. Restocking fees will be assessed and collected prior to the pickup. Returned materials will be refunded within 45 days generally in the same manner as they were purchased. Cash refunds will not exceed $50.00 and the remaining balance may be transferred to a 'house credit'. Non-stocked, special-order items cannot be returned. Any items conveyed, intimated or inferred that are sold as 'clearance', also overstocks, final sales, closeouts or discontinued cannot be returned.

All products are sold 'as is'. All Soils, mulches, and aggregates are natural products that can vary with each delivery. LCA can assume no responsibility or liability for color, size, variation, texture, or moisture content of products. Customer may not withhold payment of any part of this contract due to these routine occurrences.

During warm weather, when installing any soils, mulches or aggregates, all products should be watered immediately after they are installed to reduce possible heat stress that may occur especially around lawns and plants.

Delivery Indemnification: The Customer, its heirs and assigns agrees to indemnify and LCA harmless against any and all loss or claim by any person or entity as a result of personal injury or property damage occasioned by the condition of the customer's property. Damages incurred during shipment is the responsibility of the carrier and must be claimed as such. Customer is responsible for identifying thru Digsafe ®and or others and notifying LCA in written form of any underground utilities including but not limited to septic systems, leach fields, cables, wires, utilities, boxes, drainage, pipe or other items that could suffer damage as a result of delivery or installation equipment. LCA will not be held responsible for any portion of this contract not completed as a result of weather, outside sources or acts of nature. Customer may not withhold payment of any part of this contract due to these routine occurrences.

LCA attempts to disturb as little as possible during delivery operations. However, black tire marks on roadways, driveways or walkway surfaces are unavoidable due to machinery or trucks. Additionally, minor scratches on driveway, roadway or walkway surfaces may occur due to machinery. Ruts, indentations, scuffs, or tire marks on lawn or property areas are assumed by the customer. LCA will not be responsible for this normal, unavoidable situation and such damage, if any, shall not be construed as damage caused by LCA. Customer may not withhold payment of any part of this contract due to these routine occurrences.

LCA requires, for the safety of the customer and LCA that the customer ensure that there are not people, cars, pets or other objects near LCA equipment or employees when LCA is engaged in delivery activities.

Delivery Rates. Delivery rates are based on mileage and travel time from our materials centers in Madbury and Nottingham, NH., our processors, producers and origins of product. LCA reserves the right to discount or charge additional fees at our discretion due to conditions that are out of our control. With fluctuating fuel costs LCA reserves the right to assess a fuel surcharge

Scheduling. LCA advises its customers to place orders up to 7 days before the desired delivery date, and allow up to 21 days for non-stocked items. Due to unforeseen conditions and those not within our control, LCA may offer but cannot guaranteed the option of an AM or PM delivery. During the process of ordering, you will be asked for specific delivery instructions, including directions, driving strategies, and dumping instructions. Having a clearly marked area for dumping insures customer satisfaction, and also voids the need for the customer to be home for the delivery. During wet weather, LCA advises that customers give ample time for areas to dry out to avoid damage and prepare an alternate dumping location.

Vehicle Ownership Indemnification.
Vehicles not belonging to LCA but loaded by LCA or its associated equipment in our yards or at other locations, are loaded at the owners or operators discretion. We can assume no liability for their condition, allowance or transport ability. The Customer, its heirs and assigns agrees to indemnify and hold LCA harmless against any and all loss or claim by any person or entity as a result of personal injury or property damage occasioned by the condition or loading of the customer's property.

The loading of materials into vehicles not belonging to LCA but loaded by LCA or its associated equipment in our yards or at other locations, are subject to the use of industry accepted standards and techniques. It is common that materials may spill out of loader apparatus and onto vehicles stationed for loading. LCA recommends that for the safety of its customers and those associated with vehicles stationed for loading that all windows and doors remain closed while loading is occurring. Furthermore, it is common that materials will strike the vehicle during the course of loading and that the owners of vehicles take precautions to protect the vehicle from this routine occurrence.

Approximate Weights of Materials
One yard of aggregate weighs approximately 3000 lbs.
One yard of loam weighs approximately 2500 lbs
One yard of mulch weighs approximately 1000 lbs.
One yard of soil, mulch or aggregate covers an area of approximately 10'x10', (100sf) x 3" deep.
Delivery Vehicle Information:
LCA trucks and delivery equipment need a minimum area of 10 feet wide, 30 feet long and 15 feet in height clearance. Our trucks and delivery equipment are heavy and most weigh over 30,000 pounds. LCA cannot move materials once they are delivered if the area is not well marked and visible to our delivery operators. Even if the area is well marked, there are times when LCA cannot access the marked area due to conditions that are out of our control. If, after every reasonable attempt to contact the material recipient has failed, LCA delivery operators, at their discretion, will put the material in the most reasonable area nearest to where it was intended or requested to go.

Please check the area where product is to be delivered to make sure there are no overhead power lines, low tree limbs, septic tanks, leach fields, soft ground, or other impediments that will render it difficult to place your materials.

To ensure your satisfaction and for the proper setting of delivered materials, if, due to incorrect grades, compaction, inability of access or other impediments to the progress of the materials delivery and set, we will detail the date and the work accomplished, and it will be added to your invoice at the rate of $65.00 per man hour from the time equipment has left the materials yard until it returns. LCA will only invoice for work performed.

Product choices are subject to availability. Substitutions may be made at contractor's discretion. In the event that this property is sold and/or ownership changes, LCA requires written notification regarding the effective date of this change. If LCA is not notified and services are performed according to the contract, the customer will be responsible for the payment of those services.

Payment Terms. Payment is expected at the time of order placement. All materials remain the property of LCA until fully paid. If other arrangements are agreed, LCA expects payment in full within 10 days of invoice. A finance charge of 1.5% per month (18% APR) will be added to balances over 30 days. If, at the request of the customer, material needs to be moved or removed, customer will bear the costs of such removal at a cost of $65.00/hour per person. If heavy equipment is required, that equipment will be charged at a cost of $85.00/hour. If specialized equipment is required, that cost will be determined and customer will be bear such costs. All required equipment may be available at inconvenient times but lca will make every attempt to secure equipment at times which poses the least.

Estimations on materials needed. At the request of the customer, LCA will make approximate estimations on materials required for projects. LCA will give estimations and make recommendations on materials and best practices based on prevailing site conditions and 'site unseen' explanations from the customer. These are estimates only and LCA will not be held responsible for any portion of materials construed as either too little or too much. Customer is responsible for the final approval of all recommended materials and may not withhold payment of any part of this contract due to these routine occurrences.

Any modifications or change orders to above contract, must be made and fully remitted via a sales ticket transaction.

Inability to control mixture of products. Although LCA takes every precaution to avoid these occurrences, through the delivery and movement of materials by LCA and others, it is unavoidable that from time to time materials of one type may become mixed with another. Customer may not withhold payment of any part of this contract due to these routine occurrences.

LCA cannot guarantee the integrity of any natural stone. LCA is not responsible for any present or future defects in any natural stone. Stone is a natural product, not manufactured. It holds no manufacturer's warrantee or specification of content, color, consistency or durability.

Marketing Allowance. Customer agrees to allow LCA to photograph their project and use images of project in future display, marketing or portfolio formats.

LCA may, from time to time, install signs that advertise its products and or services on the property of sites where it conducts its work. LCA will usually install such signage for a period of time from when its work commences until up to two (2) weeks after work has been completed. Contract Acceptance.

Contract Acceptance
This contract will become binding when the customer or its agent has agreed to and or remitted payment for materials and or delivery services. This contract contains the entire understanding of the parties. Customer agrees to pay all collection costs and attorney's fees. With request and or remittance, customer agrees to all work, prices, & payment terms.

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