LANDSCAPE CONTRACT

This contract, entered into this ______day of ___________________, 2007,

between Greg Touliatos & Associates, Inc.  hereinafter referred to as “Touliatos”, and John Doe, “Client”.

   Touliatos agrees to furnish materials and labor improvements to client’s property know municipally as 1234 Maple Lane , in accordance with the specifications attached hereto for and client agrees to pay the sum of

_______________________________________________Dollars ($______________) for said work.

   All work is contingent on the weather.  It is anticipated that the project will take _____________days.  The estimated start is approximately _____________days following receipt of this signed and dated contract.  Weather, product availability and changes in ongoing projects may alter the projected start and completion date.  Touliatos will make every effort to communicate the changing schedule in advance to the Client.    This contract is contingent on material availability and may be withdrawn by Touliatos if not accepted within fourteen (14) days.

 Payment is to be made by Client as follows: “Net Five days upon Substantial Completion”.

   All materials are guaranteed to be as specified, though certain plant species do become unavailable or may only be available in substandard quality.  Touliatos, as Project Designer, will only use the highest quality    plants and materials available.  Therefore, Touliatos reserves the right to substitute materials of equal design and/or economic value based on availability.  Touliatos warrants that work will be completed in a workmanlike manner according to standard practices.

   Any additional work requested by Client, including alterations or deviations from the attached specifications, will become an extra charge over and above the estimate.  Additional work less than One Thousand Dollars ($1000.00) will be done by agreement between the parties and need not be in writing. However, major changes in excess of One Thousand Dollars ($1000.00) will be executed only upon a written addendum to this Contract setting forth the changes to be made and the cost thereof.

   It is of utmost importance to Greg Touliatos & Associates, Inc. for your garden to succeed.  All outdoor plants installed by Touliatos are warranted for one hundred twenty (120) days.  If any plants begin to deteriorate, Client is to inform Touliatos immediately to preserve their rights under this warranty.  Plants planted while dormant are guaranteed to leaf out the first spring and be healthy.  Any plant which dies during this guaranty period will be replaced at no charge for the material, but Client will be liable for the normal planting fee at the time of replacement.  There is no guarantee for plants which die from acts of God, negligence or willful acts of man or animals.  There is absolutely no guarantee on plants not purchased from Touliatos, nor is there any guarantee for transplanted plants.

  While Touliatos performs its work in good faith and in a proper workmanlike manner, and every effort is made to adhere to the plans and specifications as set forth herein, Greg Touliatos & Associates, Inc. assumes absolutely no liability for the failure of proposed improvements to resolve existing site problems, including but not limited to, construction, drainage, water gardens and lighting.

  Touliatos will attempt to prevent and/or minimize any damage to property during the work, but under no circumstances will accept any liability for damages to underground utilities or irrigation systems.  Touliatos utilizes One Call Centers for underground utility marking and it is the Client’s responsibility to verify that locations are correct and additional site utilities and irrigation systems are marked prior to commencement of work under this Contract.  Touliatos assumes no liability for damages as a result of marking errors or  omissions.  One Call Centers are convenient and available to mark utilities free of charge in Tennessee-1-800-351-1111; Arkansas-1-800-482-8998; Mississippi-1-800-227-6477.

  All agreements are contingent upon strikes, accidents, weather or delays beyond the control of Touliatos.  Client further agrees to pay all collection costs, including but not limited to attorney fees, court costs and any and all other costs necessary to collect the unpaid balance.  Client further agrees that all unpaid balances will draw interest at the rate of one and one-half percent (1-1/2%) per month (18% APR).

Proposal #’s: ____________________________________________________________.         

Plans and/or Landscape Drawings: ___________________________________________

_______________________________________________________________________.

Letters, faxes and/or other transmittals: ________________________________________

_______________________________________________________________________.

Changes to plans and/or Landscape Drawings: __________________________________

________________________________________________________________________

The above prices, conditions, and attached specifications are satisfactory and are hereby accepted.

Touliatos is authorized to perform the work specified and payment will be made as outlined above.

GREG TOULIATOS & ASSOCIATES, INC.

By:_______________________________     ________________________________

     Client                                                                John Doe

Date: _______________________________

Please provide your E-mail address or fax number for alerts regarding start week and other progress

 information:_________________________________________________________________.

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