This Landscaping Services Agreement ("Agreement") is entered into between Delaware Creative Hardscapes LLC ("Contractor") and the undersigned client ("Client") for landscaping, hardscape, lighting, and/or drainage services to be performed at the property listed in the proposal ("Project").

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.

• 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 warranties 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.

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.

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.

• 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

• Hardscape installations (pavers, walls, stone, edging, etc.) include a 1-year workmanship warranty
• Warranty does not cover movement due to soil conditions, drainage issues outside Contractor’s scope, tree roots, acts of nature, or misuse
• Manufacturer warranties apply to materials where applicable

• Lighting fixtures carry a lifetime manufacturer warranty unless otherwise stated
• Contractor provides a 1-year labor warranty on lighting installation
• Warranty excludes damage caused by power surges, tampering, landscaping changes, or third-party work
• Bulbs and batteries are not covered unless specified

• Drainage installations (downspouts, solid pipe, sump connections, etc.) include a 2-year workmanship warranty on newly installed components only
• Existing drainage systems are excluded
• Contractor does not guarantee performance during extreme weather or unforeseen site conditions

Contractor will make reasonable efforts to restore disturbed areas. Some settlement or variation in sod, mulch, or soil may occur and is considered normal. Final grading does not guarantee standing water elimination unless explicitly stated.