Contract Terms and Conditions
The provisions herein govern the transactions and dealings between Core Aeration LLC d/b/a Level Lawns (“Level Lawns”) and the Customer, whether now or hereinafter occurring, superseding all other communications and agreements between any representative of Level Lawns and Customer, and constitute the entire agreement between Level Lawns and Customer. Additional or different terms proposed by Customer and expressed in any form, whether before or after Customer’s receipt of this document, shall not be binding on Level Lawns.
Level Lawn’s silence shall not constitute consent to any additional or different terms. Any changes or additions to this Agreement must be agreed to in writing, signed and dated by authorized representatives of Level Lawns and Customer.
Payment is due to Level Lawns upon receipt of invoice. Customer shall notify Level Lawns in writing within 5 calendar days of date of each invoice of any and all objections. Failure of Customer to provide such written notice within the time specified shall result in such services, equipment and product being deemed in full accordance with this Agreement and free of defects and any objections to the invoice are deemed waived. Should Customer provide such written notice within the time specified, Level Lawns shall, at its sole option, have the right to either attempt to rectify and correct any claimed nonconformity and defect, or to cancel this Agreement without further obligation–at which time the Customer shall owe Level Lawns for the actual costs of materials and time on the project. Any invoice not paid within 30 days of its due date shall be subject to interest at the rate of 1.5% per month thereafter.
Level Lawns shall be entitled to recover from Customer a $500 service charge plus any and all costs and expenses, including, but not limited to, attorney’s fees at the rate of $350 per hour (which Customer agrees is reasonable), court costs, and litigation expenses actually incurred by Level Lawns in enforcing and/or defending its rights under this Agreement. This agreement is to pay the price stated and the price is not subject to reduction based on any error in the estimated area to be serviced.
Customer shall indemnify and hold Level Lawns harmless from and against any and all claims, demands, costs and expenses (including, without limitation, attorney’s fees and litigation expenses) arising or resulting from
- The breach of any representation, warranty, covenant or duty of Customer in this Agreement;
- Anything in connection with this Agreement;
- Damages sustained to any property owned by any person other than Customer;
- Any damage to Customer’s property or any part thereof;
- Any act or omission of Customer or its agents or invitees.
This indemnification obligation includes any such claims arising solely due to Level Lawn’s ordinary negligence. This indemnification obligation does not apply to claims arising solely because of Level Lawn’s gross negligence and/or willful misconduct. This indemnification agreement includes the duty of Customer to defend Level Lawn’s at its sole cost or reimburse Level Lawn’s its reasonable attorney’s fees and costs in defending any suit or claim.
Level Lawns is not a manufacturer of any product or goods, and any warranty, if any, on such is that offered by the manufacturer of such. Level Lawns assumes no liability or obligation with regard to any warranty of any product or material supplied. LEVEL LAWNS MAKES NO GUARANTY OR WARRANTY OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No person or entity is authorized to make any warranty or guaranty on behalf of Level Laws. Customer is responsible for feeding, watering, and maintaining treated area after Level Lawn services are applied.
If there are any defects in goods, products or services, Customer’s sole remedy is the replacement of the defective product. In no event shall Level Lawns be liable for any loss of income or profits, business interruption, any pecuniary loss arising from Level Lawn’s services and/or insufficient goods and equipment and/or under any incidental, indirect, special or consequential and/or punitive damages arising under contract, tort, warranty, negligence, strict liability or any other theory of liability.
Level Lawns is not responsible for acts of nature, including but not limited to weather, wind, rain, lack thereof, or drought. Customer is responsible for marking property lines, underground pipes, dog fences, sprinkler heads, utility lines, etc. and lines not marked by UPC. In no event shall Level Lawns be liable, whether monetarily or otherwise, to Customer for damages or the repair of , underground pipes, dog fences, sprinkler heads, utility lines, etc. and lines not marked by UPC.
Customer Representations, Warranties, Covenants
Customer represents warrants and covenants that:
- Customer has authority and power to perform its obligations hereunder;
- All information provided by the Customer on the reverse side hereof and in any other document(s) given by Customer to Level Lawns is true and correct.
Customer acknowledges that Level Lawns is relying upon the truth, accuracy and completeness of Customer’s representations and documents.
Each of the following constitutes a Customer default:
- Customer fails to pay any amounts to Level Lawns, as and when due;
- Customer breaches any warranty or other provision contained herein;
- Customer becomes insolvent, a receiver is appointed for Customer, or Customer ceases to do business as a going concern;
- A petition is filed by or against Customer under any bankruptcy or similar law. In the event of any Customer default, Level Lawns, at its option and in addition to, not in lieu of, any other remedies provided herein, by law or equity, may
- remove the property of Level Lawns;
- accelerate payment of and declare all amounts owing hereunder immediately due and payable;
- recover any amounts owing by Customer to Level Lawns; and
- pursue any and all other rights available to Level Lawns at law or in equity.
- Notices shall be in writing by certified mail to the persons and addresses provided on the reverse side;
- Level Lawns at all times shall be acting as an independent contractor and not be deemed to be an agent, employee, joint venturer or partner of Customer. Customer shall have no authority to contract for or otherwise bind Level Lawns;
- This Agreement remains binding on the Customer in the event of a change of management, sale, assignment or other transfer of the business and/or assets. Customer may not assign this Agreement or any of its rights or responsibilities hereunder unless Level Lawns agrees in writing;
- This Agreement and matters arising hereunder shall be governed by and construed in accordance with State of Georgia laws;
- Rights and remedies afforded Level Lawns hereunder are in addition to, not in lieu of, those available under law or equity. Each right/remedy shall be cumulative;
- No waiver of any terms shall be effective unless such is in writing and signed by an authorized Level Lawns representative;
- The Customer hereby relieves Level Lawns from any duty to mitigate damages if Customer defaults as provided in this Agreement;
- Any and all rights granted to Customer under any state or federal law or regulation are expressly waived except as delineated herein;
- Customer consents to the jurisdiction and venue of any court including the geographic boundaries of Cobb County Georgia in the event of a suit to enforce its obligations under this Agreement;
- In the event that any term or provision of this Agreement is found to be void for any reason, such shall not affect the validity of the remaining parts of this Agreement, which shall be read as if the void term or provision were not included in this agreement.