Landscaping Mulch Order Form

LANDSCAPING MULCH ORDER FORM AND SERVICE AGREEMENT

Parties

Customer Name:

Contractor Name:

Recitals

WHEREAS, Customer desires to purchase landscaping mulch and related delivery and placement services at the address identified above; and

WHEREAS, Contractor is duly qualified, licensed, and equipped to supply, deliver, and, if selected, place mulch in accordance with the terms and conditions set forth in this Order Form and Service Agreement; and

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows.

Order Details

Brown Shredded — Quantity (cubic yards):   Unit Price: $

Black Dyed — Quantity (cubic yards):   Unit Price: $

Cypress — Quantity (cubic yards):   Unit Price: $

Other:   Quantity:   Unit Price: $

Scope of Work

The Contractor shall supply, deliver, and, if selected below, spread mulch at the Delivery Address in accordance with the quantities and mulch types set forth above. Work includes unloading, placement within reasonable reach of the delivery vehicle, and minor cleanup of debris directly resulting from delivery and placement. The Contractor is not responsible for placement beyond access constraints or for grading or soil preparation unless specifically agreed in writing.

Payment Terms

Subtotal: $   Tax (if applicable): $

Total Due: $

Payment Schedule:

Payment Methods Accepted:

Late Payment: Any amount not paid when due shall bear interest at the rate of or the maximum rate permitted by law, together with costs of collection, including reasonable attorneys' fees.

Term and Termination

Agreement Term Commences on: and shall terminate on: unless earlier terminated in accordance with this section.

Either party may terminate for material breach if the breaching party fails to cure within days after receipt of written notice. Contractor may also terminate if access is obstructed or hazards prevent safe delivery, with Customer responsible for all costs incurred through termination.

Confidentiality

Each party shall maintain in confidence all nonpublic business information and pricing disclosed by the other party in connection with this Agreement. Confidential information does not include information that is or becomes public through no breach by the receiving party, already in the receiving party's possession prior to disclosure, or independently developed.

Liability and Warranties

Contractor warrants that mulch delivered will conform to the type selected and will be free from contaminants that materially impair its intended landscaping use. EXCEPT AS EXPRESSLY PROVIDED, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. CUSTOMER AGREES THAT CONTRACTOR'S LIABILITY FOR DAMAGE OR LOSS SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE TOTAL AMOUNT PAID UNDER THIS ORDER; CONTRACTOR SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles. This document, together with any accepted attachments and change orders signed by both parties, constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements relating to the same subject matter. Any amendments must be in writing and signed by both parties.

Acceptance and Order Confirmation

Customer's signature below constitutes acceptance of this Order Form and Service Agreement and authorizes Contractor to proceed in accordance with the terms herein. If Customer provided a deposit, Contractor will schedule delivery upon receipt of deposit unless otherwise agreed in writing.

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