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LANDSCAPING SERVICES AGREEMENT (DELAWARE) - This document outlines the contract terms for our landscaping services, including warranty terms to ensure quality and satisfaction.
LANDSCAPING SERVICES AGREEMENT (DELAWARE)
This Landscaping Services Agreement ('Agreement') is entered into between Delaware Creative Hardscapes LLC ('Contractor') and the undersigned client ('Client') for landscaping services, hardscape, lighting, and/or drainage services to be performed at the property listed in the proposal ('Project').
1. SCOPE OF WORK
Contractor agrees to perform the services described in the approved proposal, estimate, or design plan ('Scope of Work'). Any work not expressly included is excluded unless agreed to in writing via a change order. The contract terms are designed to ensure clarity and mutual understanding of the expectations.
2. PAYMENT TERMS
A non-refundable deposit of ___% is due upon signing this Agreement to secure scheduling, labor, and materials. Progress payments may be required based on project milestones as outlined in the proposal. Final payment is due immediately upon substantial completion of the Project, regardless of punch-list or minor corrective items. Any balance not paid within 5 calendar days of invoice date will be considered delinquent. Delinquent balances shall accrue interest at 1.5% per month (18% annually) or the maximum allowed by Delaware law, whichever is less. Contractor may stop work, remove crews, withhold documentation, delay completion, and suspend warranties for non-payment without penalty. NO PAYMENT = NO WARRANTY. All warranty terms are void and unenforceable until Contractor has received full and final payment. Client agrees to pay all costs of collection, including attorney’s fees, court costs, arbitration fees, expert fees, lien filing fees, collection agency fees, and any related expenses.
3. SECURITY FOR PAYMENT & PERSONAL GUARANTEE
Client acknowledges Contractor’s right to file a mechanic’s lien or other security interest as permitted under Delaware law for any unpaid balance.
If Client is an entity (LLC, corporation, partnership, trust, or other), the undersigned individual unconditionally and personally guarantees payment of all sums due under this Agreement. This guarantee shall survive completion or termination of the Project. Client waives notice of default and agrees that Contractor may pursue collection against Client and/or Guarantor simultaneously.
4. CLIENT OBLIGATIONS
Client agrees to:
- Provide clear access to the work area
- Mark or disclose known underground utilities, irrigation, septic, or drainage systems
- Maintain pets and ensure safety during construction
- Make timely payments per this Agreement
Contractor is not responsible for damage to unmarked or unknown utilities.
5. PLANT WARRANTY
All newly installed plants are covered by a 15-month limited warranty, provided:
- Proper watering and maintenance are performed
- Temporary or permanent irrigation is operational
- Warranty covers one-time replacement only of plant material
- Warranty does not cover loss due to drought, flooding, pests, disease, freezing, vandalism, or neglect
- Labor for replacement may be billed unless otherwise stated
6. HARDSCAPE WARRANTY
Hardscape installations, including pavers, walls, stone, and edging, come with a 1-year workmanship warranty, as outlined in our contract terms. Please note that this warranty does not cover movement caused by soil conditions, drainage issues outside the Contractor’s scope, tree roots, acts of nature, or improper use. Manufacturer warranties for materials apply where applicable.
7. LANDSCAPE LIGHTING WARRANTY
Our landscape lighting fixtures are backed by a lifetime manufacturer warranty unless otherwise specified. Additionally, the Contractor offers a 1-year labor warranty on lighting installation as part of our landscaping services. This warranty excludes damage from power surges, tampering, changes to landscaping, or work performed by third parties. Bulbs and batteries are not included unless specified in the warranty terms.
8. DRAINAGE WORK WARRANTY
Drainage installations, such as downspouts, solid pipe, and sump connections, come with a 2-year workmanship warranty, applicable only to newly installed components. Please be aware that existing drainage systems are excluded from this warranty. The Contractor does not guarantee performance during extreme weather or unforeseen site conditions.
9. SITE CONDITIONS & RESTORATION
The Contractor will strive to make reasonable efforts to restore any disturbed areas. Some settling or variations in sod, mulch, or soil may occur and are considered normal. Please note that final grading does not guarantee the elimination of standing water unless explicitly stated in the contract terms.
10. CHANGE ORDERS
Any changes to the contract terms regarding scope, materials, or design must be approved in writing and may lead to additional costs and time adjustments.
11. TERMINATION
The Contractor may terminate this Agreement immediately for non-payment or material breach. The Client shall be responsible for payment for all landscaping services rendered, including completed work, materials ordered, restocking fees, and any lost scheduling time incurred prior to termination.
12. LIMITATION OF LIABILITY
The Contractor’s liability is limited to the value of the work performed. The Contractor is not liable for indirect, incidental, or consequential damages.
13. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of Delaware.
14. DISPUTE RESOLUTION – MEDIATION & ARBITRATION
Any dispute arising out of or relating to this Agreement shall first be submitted to good-faith mediation in the State of Delaware. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration administered in Delaware under the rules of the American Arbitration Association (AAA).
Attorney Fees & Costs: In any mediation, arbitration, lawsuit, or dispute arising from this Agreement, the prevailing party shall be entitled to recover all attorney’s fees, legal costs, arbitration fees, expert fees, and expenses from the opposing Client.
Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15. ENTIRE AGREEMENT
This Agreement, along with the approved proposal including warranty terms, constitutes the entire agreement between the parties and supersedes all prior discussions or agreements.
Copyright © 2026 Delaware Creative Hardscapes - All Rights Reserved.
AURA LLC
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