1. FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS' REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225.
2. It is understood between customer and company that work of the nature proposed is weather dependant and can be delayed or prolonged by such. Also, job timing and duration can be affected by material availability and availability of customer. In addition, the inability of other contractors or suppliers to supply materials to site which are necessary for the job proposed, but whose actions and circumstances are beyond control of company.
3. The parties hereto acknowledge that all terms and conditions of this agreement are contained herein and neither party enters into this agreement based upon any verbal/written assurances before the execution of this agreement that are not contained in this agreement. By signing this agreement, customer is indicating that they have read this agreement & subsequent links, acknowledge its terms, understand its conditions, and agree to fulfill its terms and conditions. This proposal shall not be binding until executed by customer and by company – either by representative or via email communication/emailed estimate.
4. Additions or changes to contract or project elements are to be made in writing and executed/confirmed by customer & company representative. On-site changes or ‘during construction’ changes can be made with expressed verbal or written consent of customer. In case where verbal consent is given; written confirmation of the changes, completion of the changes, or payment at ‘end of project’; is considered confirmation/approval of such changes. Changes/additions involving adjustments to estimated costs or extras added shall be invoiced to customer separately.
5. This contract may be cancelled by homeowner, with cause, upon written notice. You will receive a confirmation by email. You may not cancel work that has already been performed. Owner must notify Oakshade Nursery in writing of cancellation with detailed explanation and noting time, date, and reasons for termination. Oakshade will then be provided a reasonable amount of time to rectify problem and hope to continue with contract, at their discretion. Upon dissolution of contract terminated before end/completion of such, no further applications will be made. If there are any outstanding balances or credits, a final bill of services rendered/owed will be submitted and due within 30 days; termination negates any discounts on services provided within the calender year. Termination of the contract also terminates Oakshade’s responsibility for any warranties, monetary liability for warranties as they carry no value, and additionally releases Oakshade from any and all liability to the property, homeowner, project, and any other situations predictable or unforseen. By accepting this agreement, Homeowner acknowledges this.
6. Prices and terms are subject to change after initial calendar year.
7. Core Aeration, Thatching & Slit Seeding - Customer understands that sprinkler heads and shallow objects need to be marked out ahead of time and that it is the responsibility of homeowner/customer to be sure it is completed (or ordered from company) before we complete aeration. Company will mark heads/obstructions that we can see, but company accepts no responsibility for damages to wires, pipes, hidden dog fence or any other items not buried at least 5 inches deep. NO EXCEPTIONS. If you have damage to underground objects from this process, we will not aerate your lawn in the future in order to avoid further damage, unless requested to by homeowner/customer. If we have accidentally damaged a sprinkler head with the aerator and not repaired it automatically, it is the responsibility of the customer to call us immediately to have the subsequent repair completed. Repair requests for broken heads beyond 72 hours will be billed at normal rates.
8. 100% Guarantee does not apply for insect, fungus/disease control and/or prevention, moss control applications, irrigation design defects, or improper watering. Seeding does not carry a guarantee because of the variations in sun/shade, soil, germination time-periods, weather, etc that are beyond the control of Oakshade/Taurean/TownPride. Any problems/concerns with seeding & germination should be reported within 2 weeks of application.
9. Customer understands that Oakshade’s work is inherently dependant on the weather and conditions that may develop from such weather. This may result in possible delays and will be informed of such by Oakshade via onsite, phone, fax, text, email, or other reasonable means. It is soley in Oakshade’s discretion the conditions in which aspects of the project/services can be completed or when conditions are or not favorable and in which ways Oakshade chooses to complete the project/services. Customer also understands that any and all work; warranty or otherwise; will not be performed unless customer’s account is brought up to date prior to any work being completed whether that is billable or warranty work. It is soley within Oakshade’s discretion to perform work; warranty or otherwise; because of a non-payment, late payment, or ‘holding of money’.
10. 2% interest per month, compound interest, and $45.00 per month late fee will be assessed on any balances; unless agreed to otherwise in writing and executed by both parties as a part of this proposal. If customer defaults by not paying, then Oakshade Nursery may bring a lawsuit for the collection of the remaining balance. Customer agrees that in this event, they are to pay amount due and owing plus any collection charges, administrative costs, legal fees & court costs associated with bringing lawsuit; in addition to any and all necessary costs to collect the balance. This agreement may be recorded in County Clerk’s office and a lien placed on the property; all costs associated with lien are responsibility of homeowner as well.
11. Oakshade will be paid in accordance with the terms of this Agreement. Any exceptions are to be approved customer and Oakshade in writing.
12. This Agreement shall be governed by the laws of the State of New Jersey.
13. Customer accepts that signature and acceptance of this contract by Oakshade is assumed by the electronic email & communication here-in contained. Customer also accepts that services may overlap between divisions and that all terms and conditions may be applicable OR that some will not apply depending on services/projects they accept.
14. It is the responsibility of the customer to report any problems, concerns, or potential warranty claims to company in a timely fashion so that they may be rectified as per above. It is NOT the responsibility of Oakshade/Taurean/TownPride to continually monitor customer’s property for problems and issues. If customer terminates agreements for problems, concerns, and/or warranty claims that are unreported until the time of termination or not reported in a timely fashion, then no credits or discounts will be due to customer for such issues.
15. YOU MAY CANCEL THIS TRANSACTION WITHOUT ANY PENALTY OR OBLIGATIONS BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECIEVEING A COPY OF THIS CONTRACT, DATE NOTED BELOW (THREE (3) WORKING DAYS) IN THE EVENT THREE (3) WORKING DAYS ELAPSE WITHOUT NOTICE OF CANCELLATION ARRIVING AT COMPANY FROM CUSTOMER IN WRITING, COMPANY SHALL BE FREE TO ORDER SPECIALIZED GOODS RETURNABLE, AND NON-REFUNDABLE; INCUR LABOR ASSOCIATED WITH THE ASSEMBLING OF SUCH GOODS; AND ANY COSTS INCURRED BY OTHER CONTRACTORS AS PART OF THIS AGREEMENT - OF WHICH CUSTOMER IS RESPONSIBLE FOR SHOULD TERMINATION OF CONTRACT OCCUR AFTER 3 DAY GRACE PERIOD. NOTICE CAN BE RECEIVED BY COMPANY VIA FAX, CERTIFIED LETTER, EMAIL OR BY PERSONALLY DELIEVERED NOTICE TO COMPANY. PHONE CALL OR TEXT MESSAGE CANCELLATIONS DO NOT APPLY REFUND TO CUSTOMER TO BE PAID WITHIN 30 DAYS OF CONTRACTORS RECIPET OF CANCELLATION NOTICE.
16. Severability - If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement including, without limitation, remain legal and enforceable, the remainder of this agreement shall remain operative and binding on Client and Oakshade.
17. Seasons are defined as the following: Winter - December 16-Feb 28; Spring - March 1 - June 15; Summer - June 16 - August 30; Fall - Sept. 1 - December 15.
Oakshade Nursery is a corporation of New Jersey. Its offices are located at 434 Oakshade Rd; Shamong, NJ 08088. The person to contact regarding this agreement is ___Steven Zimmer__________ and can be reached at 609-268-1502.
Consumer Affairs Notification:
FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS' REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225.
NOTICE TO CONSUMER
YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER –
1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:
434 OAKSHADE ROAD
SHAMONG, NJ 08088
IF YOU CANCEL THIS CONTRACT WITHIN THE THREE-DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY. REFUNDS MUST BE MADE WITHIN 30 DAYS OF THE CONTRACTOR'S RECEIPT OF THE CANCELLATION NOTICE.
IN THE EVENT THREE (3) WORKING DAYS ELAPSE WITHOUT NOTICE OF CANCELLATION ARRIVING AT COMPANY FROM CUSTOMER IN WRITING, COMPANY SHALL BE FREE TO ORDER SPECIALIZED GOODS RETURNABLE, AND NON-REFUNDABLE; INCUR LABOR ASSOCIATED WITH THE ASSEMBLING OF SUCH GOODS; AND ANY COSTS INCURRED BY OTHER CONTRACTORS AS PART OF THIS AGREEMENT - OF WHICH CUSTOMER IS RESPONSIBLE FOR SHOULD TERMINATION OF CONTRACT OCCUR AFTER 3 DAY GRACE PERIOD.