JENKINS LANDSCAPE COMPANY – TERMS AND CONDITIONS

This agreement is between Jenkins Landscape Company (“Contractor”) and the Customer listed in the contract. By signing, you agree to the terms below. Jenkins Landscape Company is licensed by the Florida Department of Agriculture and Consumer Services (FDACS) for Lawn & Ornamental Pest Control, and by the Florida Department of Business and Professional Regulation (DBPR) as an Irrigation Contractor.

1. Plant Materials & Availability

All plants are subject to availability. If a specified plant is not available, we will substitute a comparable plant with your approval (or approval of your landscape architect).

2. Warranty

Plants: New plant material is guaranteed for 90 days (palms: 180 days). Sod, annuals, and transplanted plants carry no warranty. Warranty is void if there is no automatic irrigation system, if maintenance is not performed by a certified professional, if invoices are unpaid, not paid within 45 days of invoice date or if damage occurs due to neglect, vandalism, natural disasters, or other trades.

Irrigation: We guarantee your system will operate properly at installation. Manufacturer warranties apply to parts for one year. Labor for Year 1 repairs is included only with a service agreement. Misuse, power surges, third-party repairs, or modifications void the warranty.

Irrigation Technology: If an internet-based irrigation controller is installed, the controller and weather sensor become your property. We retain ownership of the cellular device, which will be removed if our contract ends. Manufacturer warranty applies; labor is billed separately.

3. Payments & Pricing

  • A deposit is required at signing. Deposits are considered non-refundable, non-interest bearing and deemed earned upon receipt. Deposits are held in escrow and are used to secure materials needed for the job. Deposits will be applied to invoices throughout the project.
  • Interim invoices are due when received. The final balance, including extras, is due at completion and is considered late after 30 days.
  • Late payments are subject to a 5% per month finance charge.
  • Contract prices are valid for 90 days. If you delay the start beyond that, prices may be adjusted.

4. Scheduling & Delays

Work is scheduled with consideration for permits, weather, safety, and material availability. We may adjust schedules as needed. If delays occur due to conditions outside our control (weather, supply chain, labor shortages, government action, etc.), you are responsible for maintaining any completed work and paying for work performed up to that point.

5. Extra Work, Changes & Saturday Work

Changes/Extras: All requests for extra work or changes must be in writing. Change Orders may increase cost and extend the schedule.

Saturday Work: If you request work to be performed on a Saturday, it will be billed at 15% higher than standard rates.

6. Utilities & Site Conditions

We are not responsible for damage to unmarked underground utilities. Proper marking is the responsibility of the Customer or General Contractor.

7. Chemical Sensitivity

If you or anyone on site may be sensitive to pesticides or related products, you must notify us in writing before work begins. If not, you assume all risks related to sensitivity.

LEGAL NOTICES & DISPUTE RESOLUTION

8. Florida Lien Law Notice

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL, HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED, YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL, TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER”. FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

9. Florida Recovery Fund

You may be eligible for payment from the Florida Homeowners’ Construction Recovery Fund if you lose money due to a violation of Florida law by a licensed contractor. For information, contact:

Construction Industry Licensing Board
2601 Blair Stone Road, Tallahassee, FL 32399-1039
Phone: (850) 487-1395

10. Cancellation

Either party may cancel this contract with 30 days written notice. If the contract is based on a 12-month billing cycle, an early cancellation fee may apply.

11. Legal Matters

  • This contract is governed by Florida law.
  • Venue for disputes is Martin County, Florida.
  • The prevailing party in any dispute is entitled to attorney’s fees and costs.
  • Both parties waive the right to a jury trial.

Jenkins Landscape Company is a family-owned and operated business, proudly serving our community since 1959. We are committed to safety, professionalism, and maintaining a drug-free workplace.