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Dated __ of, ___ ____ 2016_BETWEEN
, (the “Customer” or the “Owner”)
– AND –
Greenbloom Landscape Design Inc.
(the “Service Provider” or “Contractor”)
The Quote, Drawings and Specifications are attached as Schedule “B”, form part of this Agreement and also include any site map prepared by the Contractor and approved, before or after execution of this Agreement, by the Owner (the “Site Map”).
The Maintenance Areas are described in either the quote provided or the Drawings and Specifications and are those areas upon which Maintenance is to occur.
Grass Cutting Areas are those who require grass cutting only, by mower, line trimmer or other appropriate equipment.
Garden Areas and Garden Beds are those who require gardening services and tending to plants, shrubs and/or flowers.
Grass cutting areas and Garden areas are to be defined by the Contractor and/or Customer at the first site visit.
Gardening involves turning soil, trimming leafs and small branches, edging beds, and clearing debris to maintain the health of plants and esthetic appearance of plants.
Blowing involves the use of mechanical leaf-blowers to clear debris and plant material
2.1 The Contractor will attend to the Premises at the specified frequency and preform either grass cutting, gardening, both grass cutting and gardening, or additional work if such is required by the estimate provided.
2.2 The Contractor will keep and maintain records to document its attendances on site, and will make those records available to the Owner upon reasonable request if the Owner pays the reasonable photocopying charges associated with the request.
3.1 It is not intended that the Contractor should perform any work or services not described in or properly inferable from this Agreement. The Owner may request that the Contractor perform extra work or services (“Extra Work”) by contacting the Contractor and by confirming the request to the Contractor by email. The Contractor will not unreasonably withhold its agreement to perform Extra Work. If the Contractor agrees to perform Extra Work, the Contractor will do so with in a reasonable period of time having regard to the timing of the request and the volume of work the Contractor is otherwise committed to. The Contractor will be paid for Extra Work an amount as agreed ̧ based on a quote from the Contractor.
4.1 In consideration of the performance of the Fixed Price Work the Owner will pay the Contractor the price of XXXX Canadian dollars ($_____), plus applicable taxes, by way of _8_ monthly payments of $ XXXX + H.S.T. payable from ___ ______ ,2016 _ to _, 2017_. The Contractor will also invoice the Owner for items of Additional Work and Extra Work, if any, monthly. All invoices are due and owing within thirty (30) days of the date thereon and unpaid invoices will attract interest at a rate of 2% per month, 24% per annum.
4.2 Should the Owner default in any payment of a monthly installment of the Fixed Price Work or invoice for Extra Work as aforesaid, the Contractor may give Notice of said default to the Owner and should said default remain uncorrected for a period of (5) five days thereafter, the Contractor without further notice to the Owner may stop work under this Agreement such that all of the Contractor’s obligations hereunder will be suspended without limitation, the Owner will have the sole responsibility to engage a reasonable and effective system to monitor and manage the condition of the Premises, the Contractor will not be responsible for any damages or claims whatsoever relating to or caused in whole or in part by the failure to perform services to the Premises and the Owner will indemnify and safe harmless the Contractor and its agents and employees from and against any such claims.
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