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Terms and Conditions for Services

Service Contract

1. Validity of Estimate

The estimate is valid for 30 days. After this period, prices may be adjusted based on market fluctuations, including materials and labor. Prices are based on the specified materials. If the client has not yet selected materials, the price may change depending on the final selections. Measurements are approximate and may vary depending on the topography and conditions of estimation. The final price will take into account the actual quantities, including waste cuts, which will be billed at full price. Any verbal agreement must be confirmed in writing in the provided estimate, otherwise, it will not be considered valid. Changes after signing will result in a price adjustment.

2. Payment Terms

Work totaling less than $5,000 only requires a deposit of $200.

Payment of the deposit constitutes acceptance of the quote and these terms and conditions.

An initial deposit of $500 is required to reserve a spot on the schedule. Then, 25% of the estimated amount is due on the first day of work, followed by 25% upon delivery of materials or after excavation. If no materials are delivered, the amount is payable upon completion of the work.

The balance, representing 50% adjusted according to changes and actual quantities, is due at the end of the work, including leveling, seeding, and polymer sand compaction, if applicable. The balance must be paid at the completion of the work.

An additional deposit may be required to cover the cost of a major change requiring extra materials or unforeseen mobilization.

In the event of an interruption exceeding 5 days, an interim payment equal to the value of completed work may be requested.

Failure to comply with the payment schedule will result in immediate stoppage of work until the situation is rectified. Installed materials remain the property of the contractor until full payment of the balance due.

We accept payments by check, Interac transfer, direct deposit or cash.

Interest of 3% per month will apply to any unpaid balance, as well as any collection fees such as court, legal mortgage, etc.

3. Termination and Suspension of Work

In the event of cancellation by the client before the completion of the project, the client agrees to pay for the value of the completed work, as well as a penalty of 20% of the total amount of the contract, up to the total contract value.

The deposit is non-refundable. In case of cancellation, the client is responsible for all costs incurred before the start of the project, including, but not limited to, staff wages, travel, purchase of preparatory materials and all costs related to the organization of the project.

4. Permits and Authorizations

The client is responsible for obtaining the necessary permits from the municipality unless they choose the accompanying service offered by the contractor. Public right-of-way permits (for trucks or machinery) will be obtained by Paysagiste Gagnon Leduc, but the costs will be borne by the client.

5. Demolition

The estimate includes standard demolition, corresponding to a thickness of 3 inches for asphalt and 4 to 6 inches for concrete, unless mentioned. Any excess thickness will require an adjusted estimate that must be approved before continuing work.

6. Excavation and Unforeseen Issues

  • Additional fees of 80 $ apply for each stone larger than 2 feet in diameter, and 160 $ for each stone larger than 3.5 feet.
  • Unforeseen debris (concrete, asphalt, deep clay, roots, construction waste, etc.) will require a revised estimate, which must be approved by the client.
  • The contractor is not responsible for damage caused to unidentified buried elements, such as water, irrigation, gas lines, or wiring, if they have not been previously indicated by the client/excavation info.
  • In the event of complex ground conditions while digging fence post holes (rocks, concrete, major roots, or excessively compacted soil), an additional fee of $80 per obstacle will apply. The client will be notified of any such conditions before these charges are incurred.

7. Site Access and Client Responsibilities

  • The client must ensure that the site is accessible and clear for machinery and workers. If the team needs to remove items not mentioned in the estimate to access the site, additional fees may apply.
  • It is also the client’s responsibility to clear access to fences, entrances, and work areas, and to inform adjacent neighbors due to the large and dusty nature of our equipment.
  • Any authorization for access to a neighboring property must be obtained by the client in writing.

8. Electricity and Water

The contractor will need access to a standard electrical outlet and an exterior water source. In the absence of an outlet, a generator will be used and charged at 50 $ per day.

9. Modifications During the Project

Any modifications to the initial project must be approved in writing. Additional work will be charged at a rate of 120 $ per hour per worker, plus the materials used.

10. Deadlines and Delays

The work will be carried out in a logical order, based on the availability of equipment, labor, weather conditions, material availability, project complexity, and any unforeseen circumstances. The scheduled start date is indicative and may be postponed due to circumstances beyond the contractor’s control, including unforeseen events. Delays may occur both at the start and during the completion of the work, and the contractor will not be held responsible for such delays.

11. Collateral Damage

Despite all precautions taken by our experienced operators, the contractor cannot guarantee the absence of damage to adjacent surfaces, plants, existing pavement, or structures near the work areas. The contractor is not responsible for cleaning or damage related to dust, dirt, splashes or deposits that may affect windows, walls, doors, coatings, vehicles or any other surface of the client, neighbors or surrounding properties.

12. Right to Image and Advertising

The client authorizes the contractor to take photos of the completed work for advertising purposes (website, portfolio, social media) and to temporarily install an advertising sign on the property.

13. Warranty

  • The work on interlocking pavers, retaining walls, and steps is guaranteed for three (3) years, provided that the gravel foundation was fully completed by our team.
  • Crack repairs performed from the interior are guaranteed for a period of ten (10) years. This warranty includes one (1) crack reinjection.
  • Crack repairs performed from the exterior are guaranteed for ten (10) years against water infiltration, and foundation drainage work is guaranteed for fifteen (15) years against water infiltration.
  • Foundation and crack waterproofing work performed with sprayed polyurea is guaranteed for a period of twenty (20) years against water infiltration.
  • No warranty is offered on cleaning, maintenance, damage caused by natural disasters or by the client.
  • Sod is not guaranteed against weeds, yellowing, or any other issues due to the multiple factors that can affect it (weather conditions, soil quality, watering, drainage, sun, shade, etc.). It is essential to rigorously follow the provided maintenance guide. Lawn maintenance may sometimes require the application of pesticide treatments and manual weed removal depending on the specific site conditions.
  • The appearance of efflorescence (white stains on concrete or pavers) is a natural phenomenon not covered by the warranty.
  • Any subsequent modification to the building or major work may void the warranty on cracks. Cracks are only guaranteed if a foundation drain is present, functional and compliant with standards.
  • The warranties are transferable between owners.

14. Force Majeure

Neither party will be held responsible for a delay or contractual failure caused by an event beyond its reasonable control, including natural disasters, pandemics, strikes, supply interruptions, or government decisions.

15. Dispute Resolution

In the event of a dispute, the parties agree to attempt an amicable resolution.

Signature and Acceptance

I, the undersigned, acknowledge that I have read, understood, and accepted the terms of this contract.

Client's Name: __________________________

Signature: __________________________

Date: __________________________

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