Residential Plant Installation Agreement

Residential Plant Installation Agreement

Parties

Owner Name:

Installer / Contractor Name:

Recitals

This Residential Plant Installation Agreement (Agreement) is entered into by Owner and Installer as of the Effective Date stated below. Installer is engaged in the business of supplying, planting, and establishing landscape plant materials and related site work. Owner desires Installer to perform the work described in this Agreement on the Property identified below in accordance with the terms and conditions set forth herein.

Property Identification

Scope of Work

Installer shall supply all plant materials, soil amendments, mulch, staking, planting labor, and standard planting accessories necessary to complete the planting work described in the Plant Schedule below and within the Property boundaries. Scope includes preparation of planting holes, soil amendments as specified, final grading of planting areas where applicable, and initial irrigation adjustments required at time of installation.

Materials, Substitutions and Permits

All plant materials shall be nursery stock of quantity, quality and species set forth in the Plant Schedule. Substitutions of equal or greater size and quality may be made only with Owner's prior written approval, which may be provided by email or signed change order. Installer shall obtain all permits required by governing authorities for the performance of the work unless otherwise agreed in writing.

Payment Terms

Late payments shall incur interest at the rate of on unpaid amounts after days. Owner shall be responsible for sales or use taxes assessed on materials where applicable.

A retention (holdback) of of the balance may be retained for days following completion to ensure remedy of deficiencies, unless otherwise agreed in writing.

Schedule and Access

Anticipated Work Start Date: . Anticipated Completion Date: . Dates are estimates and subject to change for weather, material availability, and permitting.

Owner shall provide Installer with reasonable access to the Property during normal working hours and shall notify Installer of any restrictions. Installer shall take reasonable precautions to protect existing structures, utilities, and plantings.

Disclosures and Special Conditions

Has Owner disclosed known underground utilities or irrigation lines? Yes No

Will Installer apply pesticides, herbicides or fertilizer beyond standard nursery root dip? Yes No If yes, describe:

Are tree removals or stump grinding included? Yes No

Inspection, Acceptance & Maintenance

Upon substantial completion, Installer will notify Owner for inspection. Owner shall inspect within days and provide written acceptance or a written list of deficiencies. Acceptance is deemed if no written notice is provided within that period.

Installer shall provide for initial establishment care for a period of days following installation if included in the Plant Schedule. Ongoing maintenance obligations thereafter are the Owner's responsibility unless a separate maintenance agreement is executed.

Warranties and Remedies

Installer warrants plant materials against defects in species, size, and size conformity at delivery and warrants workmanship for a period of days from completion, except for loss or damage due to neglect, improper watering, vandalism, or acts of nature. Plant warranty is limited to replacement of plant materials of similar species and size; Installer's liability for warranty replacement is limited to reasonable plant and labor costs only.

Owner must notify Installer in writing of warranty claims within days of discovery. Installer will have reasonable access to inspect alleged defects prior to any removal or treatment.

Insurance, Liability, and Indemnity

Installer shall maintain commercial general liability insurance and workers' compensation coverage as required by law. Installer shall provide proof of insurance upon request. Installer is responsible for damage caused by its employees or subcontractors resulting from negligent performance. Owner shall indemnify and hold Installer harmless for claims arising from conditions on the Property that were not disclosed prior to performance of the work.

Change Orders

Any changes to the Scope of Work shall be made only by a written change order signed by both parties. Change orders may affect the Contract Price and the Project Schedule.

Default, Termination and Remedies

If Owner fails to make payments when due or otherwise materially breaches this Agreement, Installer may suspend performance and terminate after giving days' written notice and an opportunity to cure. If Installer defaults and fails to cure within days after written notice, Owner may pursue available remedies including replacement and damages.

Force Majeure

Neither party shall be liable for delays or failures to perform caused by events beyond its reasonable control, including but not limited to severe weather, strikes, shortages of plant material, or governmental actions. The time for performance shall be extended by the period of such force majeure event.

Governing Law; Dispute Resolution

This Agreement shall be governed by the laws of the state in which the Property is located. The parties shall first attempt in good faith to resolve disputes by mediation. If mediation does not resolve the dispute, the parties may pursue binding arbitration or litigation as agreed in writing.

Entire Agreement; Severability

This Agreement, including any attached Plant Schedule and Change Orders, constitutes the entire agreement between the parties and supersedes prior agreements or understandings. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Acknowledgment

By signing below, Owner and Installer acknowledge that they have read, understand, and agree to be bound by the terms of this Agreement.

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