Terms and Conditions

 This is a general template of terms and conditions and it is subject to change. Warranty periods will be adjusted based on the services provided.

1. Agreement:

• This agreement is made between Nordic Outdoor Living (hereinafter referred to as "the Company") and the client (hereinafter referred to as "the Client") for the provision of landscaping, hardscaping, and other services as described in the attached proposal or estimate (hereinafter referred to as "the Proposal").
• By accepting the Proposal or engaging the Company's services, the Client agrees to be bound by these Terms and Conditions.

2. Scope of Work:

• The scope of work to be performed by the Company is detailed in the Proposal. Any changes or additions to the scope of work must be agreed upon in writing by both the Company and the Client and may be subject to additional charges.
• The Company reserves the right to make minor adjustments to the design or materials as necessary, provided that the overall quality and intent of the project are maintained.

3. Pricing and Payment:

• The total cost for the services is outlined in the Proposal.
• Payment terms are as follows: [Terms will vary for payment schedule, e.g., deposit upon acceptance, progress payments, final payment upon completion].
• Invoices are due within 7 days of the invoice date.
• Late payments may be subject to a late payment fee of 1.5% per week.
• The Company reserves the right to suspend services if payments are not received according to the agreed-upon schedule.
• The quoted price does not include permits or fees required by local authorities unless explicitly stated in the Proposal. The Client is responsible for obtaining and paying for any necessary permits.
• Prices are valid for 30 days from the date of the Proposal.

4. Scheduling and Delays:

• The estimated start and completion dates for the project are outlined in the Proposal. These dates are estimates and may be subject to change due to factors beyond the Company's control, including but not limited to weather conditions, material availability, and unforeseen site conditions. 
• The Company will make reasonable efforts to notify the Client of any significant delays.
• The Client agrees to provide the Company with reasonable access to the property during the agreed-upon work hours.
• Delays caused by the Client's failure to provide access or prepare the site may result in additional charges.

5. Site Conditions:

• The Client is responsible for providing accurate information regarding property lines, underground utilities, and any other relevant site conditions.
• The Company is not responsible for damage to unmarked underground utilities. The Client is advised to locate and mark all underground utilities prior to the commencement of work.
• The Company is not responsible for pre-existing conditions on the property that may affect the project, such as poor soil quality, drainage issues, or the presence of pests or diseases, unless specifically addressed in the Proposal.
• Additional charges may apply if unforeseen site conditions require additional work or materials.

6. Materials:

• Unless otherwise specified in the Proposal, the Company will select and provide the necessary materials for the project.
• The Company warrants that the materials used will be of good quality and suitable for the intended purpose.
• The Company is not responsible for variations in color, texture, or size of natural materials such as stone or wood.

7. Warranty:

• "The Company warrants its workmanship for a period of [Number] [Months/Years] from the date of completion, under normal use and conditions."
• "Plant materials are warranted for [Number] [Days/Months] from the date of planting, provided proper watering and care are maintained by the Client. This warranty does not cover damage due to neglect, pests, diseases, or extreme weather conditions."
• "Hardscaping materials are subject to the manufacturer's warranty."
• This warranty does not cover damage caused by acts of God, vandalism, neglect, improper maintenance, or alterations made by the Client or third parties.
• To make a warranty claim, the Client must notify the Company in writing within the warranty period. The Company will inspect the issue and, at its discretion, repair or replace the defective workmanship or materials.
• This warranty is in lieu of all other warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. 

8. Limitation of Liability:

• To the maximum extent permitted by law, the Company's liability for any claim arising out of or in connection with this agreement shall be limited to the total amount paid by the Client to the Company for the services. 
• The Company shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, loss of use, or damage to property not directly caused by the Company's negligence. 

9. Termination:

• Either party may terminate this agreement with written notice if the other party breaches a material term of this agreement and fails to cure the breach within [Number] days of receiving written notice of the breach. 
• The Company may terminate this agreement immediately if the Client fails to make payments according to the agreed-upon schedule.
• The Client may terminate this agreement with written notice, but may be responsible for payment for services performed and materials purchased up to the date of termination, as well as any reasonable cancellation fees.

10. Insurance:

• The Company maintains general liability insurance and workers' compensation insurance as required by law.

11. Indemnification:

• The Client agrees to indemnify and hold harmless the Company, its officers, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to the Client's negligence, breach of this agreement, or use of the completed landscaping work. 

12. Governing Law and Dispute Resolution:

• This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 
• Any disputes arising out of or relating to this agreement shall be resolved through mediation in Mounds View, Minnesota.

13. Entire Agreement:

• This agreement, including the Proposal, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. 

14. Severability:

• If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 

15. Amendments:

• This agreement may be amended only by a written instrument signed by both the Company and the Client.

16. Force Majeure:

• Neither party shall be liable for delays or failure to perform its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, or government regulations. 

17. Client Responsibilities:

• The Client is responsible for providing access to water and electricity if required for the project.
• The Client is responsible for removing any personal belongings, vehicles, or other obstructions from the work area prior to the commencement of work.

Nordic Outdoor Living

Date: April 2, 2025