AGREEMENT by and between SHINE ON DESIGN,  located at 2415 Main Street, Bridgehampton, New York, 11932 hereinafter referred to as "Contractor", and "Owner", as referenced on page 1 of this Agreement.

WHEREAS, Contractor is in the business of providing landscape design and other like services, and

WHEREAS, Owner wishes to engage the services of Contractor to provide certain work, labor, services and materials as described herein, and

WHEREAS, Contractor wishes to perform and provide the work, labor, services and materials with regard thereto,

NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties hereto hereby covenant and agree as follows:

 

I. SCOPE AND DESCRIPTION OF WORK

Contractor agrees to perform for Owner the work set forth on Page 1 of this Agreement in accordance with the specifications set forth therein.

 

II. CONTRACT PRICE

Contractor agrees to perform the work specified and furnish all materials and labor (if required) for the sum set forth on Page 1 of this Agreement. Payments shall be made according to the schedule set forth on Page 1 of this Agreement. If no schedule is set forth on Page 1, one hundred percent (100%) of the estimated price shall be paid upon the execution of this agreement. Any additional work agreed to between the parties shall be put in writing, by hard copy or digital exchange, and agreed to by the parties and added to this Agreement. The cost for said alterations or change in costs shall be added to the contract price. Payment for such alteration(s) or modification(s) shall be made at the time of the completion of the work unless otherwise agreed to in writing between the parties.

 

III. TIME OF PERFORMANCE

Any delay which is caused by acts of God, Owner interference, inclement weather, labor trouble acts of public bodies and/or failure of Owner to make payments shall not be the responsibility of Contractor. Contractor shall not be liable for any delay or nonperformance caused by an act of God, strikes, unavailability of materials, Owner changes, or any other contingency beyond its control.

 

IV. PERMITS AND APPROVALS

Owner shall be responsible for determining which permits are necessary and for obtaining said permits. Owner shall also be responsible for paying for all state and local permits necessary for performing the specific work. Owner shall be responsible for obtaining approval from the local homeowner's association, if required.

 

V. WARRANTY AND DISCLAIMER

Contractor guarantees all in-ground plantings for a period of one year. The foregoing warranty is in lieu of all other warranties or guaranties, express, implied, or statutory. This warranty applies only when Owner has complied in full with the terms of this Agreement including all payments due. All claims must be made to Contractor in writing within the warranty period. Contractor shall not, however, be liable for any damages or for delays resulting from storm, floods, earthquakes, swelling of the ground, or other acts of the elements, or from strikes, fires, acts of other contractors, governmental controls, or acts of God, or from any other accidental or natural causes beyond its control. Further, Contractor shall not be liable for damages as a consequence of neglect or misuse by Owner or Owner's agents or invitees.

 

VI.  CONTRACTOR'S  DUTIES AND STATUS

Contractor bears the relationship of an independent contractor with Owner, and has no fiduciary duty or other relationship of trust with the Owner.  Owner agrees to cooperate with Contractor, upon timely request, as to any and all inquiries and explanations regarding the requirements

 

on the project. Contractor shall perform all work independent of the Owner's supervision, being responsible only for satisfactory completion of the work.  Contractor may use subcontractors. While Contractor shall be responsible for supervising subcontractors’ work, Client shall be fully responsible for all payments due to subcontractors as a result of any work performed by them. Client agrees to indemnify, defend and hold harmless Contractor for Client’s failure or refusal to make payment(s) to any subcontractor(s).

 

VII.  INSURANCE AND DAMAGE TO WORK

Contractor warrants that it carries and maintains satisfactory workers' compensation and public liability insurance to cover the liability of Contractor and any subcontractor for personal injury, death, and property damage, and that said insurance covers the work contemplated herein.  Owner shall insure all materials and improvements that are brought to or placed on Owner's property by Contractor and that are designed to become an integral part of the improvements contemplated herein, including related equipment and materials, and shall pay Contractor their reasonable value in the event of theft, wrongful removal, or damage caused by acts of God or the acts of persons other than Contractor, its agents or employees.  

 

VIII.  RIGHT TO STOP WORK

Contractor shall have the right to stop work if (i) any payment under this Agreement shall not be timely made to Contractor under this Agreement; (ii) Contractor and Owner have a disagreement regarding the project, which the Contractor in good faith believes to be irreconcilable; or (iii) Owner substantially interferes with Contractor's good faith and proper performance of work on the project. 

 

IX. NOTICE

Any notice required or permitted under this Contract, shall be given in person or by ordinary mail at the addresses contained in this Agreement; but such addresses may be changed by written notice given by one party to the other, from time to time. After a notice is deposited in the mail, postage prepaid, it shall be deemed received within five (5) days of mailing.

 

X. DEFAULT

If either party shall default in the performance of any of the provisions of this Agreement, and if the other party shall prevail in legal proceedings to enforce the performance of such provisions by the defaulting party, then the defaulting party shall pay to the non-defaulting party the necessary and reasonable costs, damages and expenses incurred by the non-defaulting party (including reasonable attorney's fees) in connection with such proceedings.  The County of Suffolk shall have jurisdiction over all such disputes.

 

XI. RIGHT TO CURE

Owner hereby guarantees Contractor a right to examine the subject matter and area of any claim and offer a resolution and/or repair prior to Owner's performance of any remedial measures. This shall constitute a condition precedent to Owner's claim.

 

XII. SEVERABILITY

If any term, covenant or condition of this Agreement or the application thereof to any person or circumstances shall to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be invalid and be enforced to the fullest extent permitted by law.

 

XIII. ENTIRE AGREEMENT

This Agreement shall constitute the entire agreement between the parties. Any changes or alterations in this Agreement shall be valid and effective only if agreed upon in writing between the parties.