Terms of Sale
Spade Landscape Services, Inc
Spade Gardens & Landscaping
Effective April 1, 2016
Spade Gardens & Landscaping appreciates the opportunity to be your provider and your servicer for everything related to your landscaping and gardening needs. Below are our Terms of Sale. In some cases specific terms apply to one area and not another.
This document is effective April 1, 2016. It is effective for any invoices or monies due to Spade Landscape Services, Inc. (the Company), or its predecessors. The Company was formed on January 16, 2015, in the State of California., It assumed responsibility for all operations of the predecessor companies including assuming its name, logo, debt, and assets.
This document supersedes any prior Terms of Sale issued by the Company or its predecessors. In most cases, there are no retroactive differences. This document is subject to change at the discretion of the Company. The Company will do so with as much notice as possible. The company will also notify all current and former customers in as timely a manner as possible.
SALES ON ALL PRODUCTS ARE FINAL. NO REFUNDS ARE ALLOWED OR GIVEN. CREDIT CARD / PAYMENT CARD CHARGEBACKS ARE NOT PERMITTED, AND STOP PAYMENTS ARE NOT ALLOWED ON CHECKS. Payment for Services, before, during, or after work is performed, implies agreement and acceptance of this policy by the company's Client and/or Customer and by the person(s) and/or organization(s) making the payment.
Title to all materials used passes from Spade Landscape Services, Inc. to the Client once all work is complete per contract or other specifications and upon complete payment for all services.
Spade Landscape Services, Inc | Spade Gardens & Landscaping currently accepts the following for payment:
ACH Wire Transfer
Payments may be made by clicking the “PayNow” button (or similar) on your emailed invoice, by providing one of our Managers a credit card in person or by mail or phone. Contact the following for mail or phone payments:
Spade Gardens & Landscaping
584 Castro Street, Suite 276
San Francisco, CA 94114-2512
Phone: +1 (415) 770-1006
Payments are generally credited within 1 or 2 business days after the latter of receipt of payment and deposit into our banking accounts.
CONTRACT MAINTENANCE CLIENT
Clients with Maintenance Contracts are defined as those Clients who have a signed agreement with the Company for fixed price maintenance in duration of at least 6 months and up to 12 months. Maintenance Contract Clients are not invoiced for the stated services; a credit card should be provided for monthly billing.
Maintenance Contracts are payable in advance and are due on 1st (first) day of the Month. Maintenance Contracts are late on the fifth (5th) business day of the month.
Late payments on Maintenance Contracts may be subject to the following fees &/or actions:
A one-time late fee for the month of up to 10.0% may be assessed after the fifth (5th) day of the month.
Maintenance Service may be suspended at the discretion of the Company.
If an invoice needs to be generated and sent, a $25.00 fee per invoice will be applied.
NON-CONTRACT MAINTENANCE CLIENT
Clients not on a Maintenance Contract but who receive regular maintenance services will be billed at the current rates for each type of service. Invoices for Non-Contract Maintenance are due Net 10 from the date they are issued.
Custom jobs are defined as ‘specific, non-routine activities landscaping activities.” These jobs vary significantly from one client or one property to another. The scope of the work may entail planting a tree or mulching a property to doing a full landscape renovation with design, installation of plants, irrigation, lighting, & or hard-scape. Custom jobs may also be done during a Maintenance Contract visit but billed separately as it’s not part of the overall maintenance.
Custom jobs may be quoted as a fixed price or a price range for the entire job or different parts of it. Custom jobs generally entail the ordering of materials from several weeks to several months out and have greater overall requirements leading up to the work.
Custom jobs may be charged a retainer based on the amount of work that needs to be done. The retainer will be outlined on the initial scope of work or preliminary cost report, and it will be due before other work proceeds. Custom jobs require at least 50% of the quote when the proposal is accepted and signed. Work will not commence until the funds have cleared bank accounts.
Up to 80.0% of the quoted price is required before any materials are delivered to the Client’s property.
The final 20.0% is due on the last day of work or earlier.
If significant challenges arise during the project, Change Order(s) may be issued to seek approval for the change in expense. Any expense arising from a Change Order is due payable immediately.
If a contract is signed with less than ten (10) calendar days before the start of work, the entire quote is immediately payable via guaranteed funds (Cashier’s Check or Wire Transfer).
Failure to follow the terms outlined above will be considered a material breach of the entire contract. The contract may be terminated without any notice. The Client remains responsible for the payment for all quoted items.
Late Fees apply to all invoices if they are not paid in a timely manner. If an invoice or agreed to payment (i.e. for Custom work) has not been paid within 30 days from the date of the invoice (or generally 15 days after the due date), a late fee will be assessed on the outstanding balance. The late fee is 1.5% per month or 18.0% per annum for materials, supplies, goods, services, or any other item that may be invoiced. The late fee will be effective back to the original purchase or installation date when it is applied. The late fee will continue to be assessed at the same rate monthly until the balance is paid. Specific service areas may carry additional fees - please see above for further details.