Terms of Service

Terms of Service

 

Standard Terms & Conditions for Services

Standard of Work
The customer agrees to pay Benson Enterprises of New York, Inc. for the work authorized by the customer.  Customer shall make payment for such services upon completion.

Payment Terms

The customer agrees to pay pursuant to the agreed upon price.  Payment is due 15 days from the invoice date or as otherwise set forth in the proposal, and payment should be made by cash or check payable to “Benson Enterprises of New York, Inc.”   An interest penalty of 1.5% a month (18% a year) will be charged for past due accounts. The minimum monthly finance charge is $3.00.   Any failure to pay the agreed upon price constitutes a default in payment.  The customer is liable for all costs, disbursements and attorneys fees necessary to enforce this agreement.   

Terms of Employment

Contractor is an independent contractor and is in no way authorized to bind the customer in any manner.

Notices to Homeowner

Notice of Lien: Benson Enterprises of New York, Inc. or any unpaid subcontractor who performs pursuant to this contract may have a claim against the customer that may be enforced against the property in accordance with the applicable Lien Laws.

Insurance

Benson Enterprises of New York, Inc. agrees to pay for and keep in force during the entire period of service and/or construction on the project such liability insurance as will protect it from claims, under workers' compensation and other employee benefit laws, for bodily injury and death, and for property damage, that may arise out of work under this contract, whether directly or indirectly by Benson Enterprises of New York, Inc., or directly or indirectly by a subcontractor.

Change in Scope of Work Before Performance

Benson Enterprises of New York reserves the right to change or modify the contract documents to reflect the actual scope of work that exists as of the date that performance begins.  In such a case, Benson Enterprises of New York will issue a new, updated proposal to the homeowner to be reviewed and signed by both parties to reflect the change in the scope of the job.

Miscellaneous   

This Agreement contains the entire agreement of the parties regarding the subject matter hereof and, except as provided herein, supersedes all prior understandings, whether written or oral, with respect to subject matter hereof. This agreement shall be construed according to the laws of the State of New York.

 


 

Installation Terms & Conditions for Services

Section I. Standard of Work    

All work shall be completed in a workmanlike manner. All measurements, specifications and dimensions contained in this agreement or any attached schedule are approximate, and the actual work completed may vary from the stated measurements, specifications and dimensions.

Section II. Terms of Employment

Contractor is an independent contractor and is in no way authorized to bind the customer in any manner.

Section III. Contract Sum or Agreed Payment to Benson Enterprises of New York, Inc.

The customer agrees to pay Benson Enterprises of New York, Inc. for the work authorized by Customer. Payment of the Contract Sum is subject to additions or deductions that might be agreed upon. The Customer shall make payment for services received upon completion of the work. Customer agrees that it shall be responsible to Benson Enterprises of New York, Inc. for eighteen percent (18%) annual interest on any payments that are not made within 15 days of the due date. The Customer further agrees that it shall be responsible for all costs associated with Benson Enterprises of New York, Inc.'s attempt to collect any amounts owed by the Customer on this contract, including but not limited to, costs, disbursements and reasonable attorneys’ fees.

Section IV. Notices to Customer

  1. Notice of Lien: Benson Enterprises of New York, Inc. or any subcontractor who performs on this contract and is not paid may have a claim against the Customer, which may be enforced against the property in accordance with the applicable Lien Laws.
  1.  Three Day Right of Rescission: The Customer has an unconditional right to cancel the contract, without penalty or obligation, until midnight of the third business day after he/she signs the contract. Cancellation must be done by giving Benson Enterprises of New York, Inc. a written notice indicating the Customer's intention not to be bound. Notice of the cancellation shall be deemed given when deposited in a mailbox, properly addressed and postage pre-paid. Upon cancellation, any property traded in, any payments made under this contract, and any negotiable instrument executed by the Customer will be returned within ten (10) business days following receipt by the Benson Enterprises of New York, Inc. of a cancellation notice. Any security interest arising out of this transaction will be cancelled. See enclosed separate Notice of Cancellation for further details concerning this right.

Section V. Limited Warranty 

  1. The following limited warranty applies only to new plantings and installation of Hardscapes (installation of retaining walls, patios, pavers, stone walkways etc.) and does not apply to the following, including but not limited to, maintenance, mowing, pruning, trimming, mulching, weeding, Fall and Spring clean-ups, edging, or the application of herbicides:
  1. Benson Enterprises of New York, Inc. warrants that the finished project and materials used in the finished project, shall be free from material defects for a period of two (2) years from the date of the completion of the project. Benson Enterprises of New York, Inc. shall, at its own cost, repair any material defect in the finished project that the Customer notified Benson Enterprises of New York, Inc. of within two years of the date of the completion of the project.
  1. This Limited Warranty is expressly subject to the following limitations:
  1. In all cases, the Customer's sole remedy for product failure under this limited warranty is the repair of the finished project.
  1. Any damages actually incurred by the work of Benson Enterprises of New York, Inc. shall be limited to no more than the purchase price paid for the project by the Customer. Under no circumstance shall Benson Enterprises of New York, Inc. be responsible for any incidental or consequential damages, including lost profits, or any other damages not contemplated by the parties herein. In all cases, the Customer's sole remedy for a product failure is limited to the repair of the work, which shall not exceed the purchase price paid.
  1. This limited warranty may not be assigned.
  1. This limited warranty covers normal use. The limited warranty does not cover damage resulting from: usage not in accordance with product instructions; failure to perform required preventive maintenance; accident; abuse, misuse; neglect; acts of nature; normal wear and tear; problems with gas and electrical power such as power outages and surges; problems with water service, such as outages and surges; and problems caused by use of parts, components or services not supplied by Contractor.
  1. This limited warranty applies only to defects that shall arise within two (2) years of the completion of all work contemplated in this contract.
  1. DISCLAIMER OF ADDITIONAL WARRANTIES: Except and to the extent expressly set forth above, there are no warranties, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, and Contractor expressly disclaims all warranties not stated herein.

 

Section VI. Job Specific Guarantees 

  1. Walks and Patios

Benson Enterprises of New York, Inc. guarantees your patio or walk will not settle or shift for two years from the date of installation with the exception of settling or shifting that is the result of existing improper grading performed by another contractor or other consequence unrelated to Benson Enterprises of New York’s installation. 

  1. Retaining Walls

Benson Enterprises of New York, Inc. guarantees your retaining wall will not settle or shift for two years from the date of installation with the exception of settling or shifting that is the result of existing improper grading performed by another contractor or other consequence unrelated to Benson Enterprises of New York’s installation. 

  1. Bed Preparation and Plantings

Benson Enterprises of New York, Inc. guarantees all new plant material for two years.  Benson Enterprises of New York, Inc. will replace a defective plant one time with one that is of equal value, to the extent available, with the exception of animal damage, vandalism, acts of nature, lack of care. 

 

Section VII. Insurance

Benson Enterprises of New York, Inc. agrees to pay for and keep in force during the entire period of construction on the project such liability insurance as will protect it from claims, under workers' compensation and other employee benefit laws, for bodily injury and death, and for property damage, that may arise out of work under this contract, whether directly or indirectly by Benson Enterprises of New York, Inc., or directly or indirectly by a subcontractor. The minimum liability limits of such insurance shall not be less than the limits specified by law for that type of damage claim.

If a customer wishes to be listed as an Additional Insured on our Liability Insurance, an additional fee of $43.00 will be billed to the customer.

 

Section VIII. Change in Scope of Work Before Performance

Benson Enterprises of New York reserves the right to change or modify the contract documents to reflect the actual scope of work that exists as of the date that performance begins.  In such a case, Benson Enterprises of New York will issue a new, updated proposal to the homeowner to be reviewed and signed by both parties to reflect the change in the scope of the job.

 

Section IX. Miscellaneous          

This Agreement contains the entire agreement of the parties regarding the subject matter hereof and, except as provided herein, supersedes all prior understandings, whether written or oral, with respect to subject matter hereof. This agreement shall be construed according to the laws of the State of New York.

 

Section X. Insufficient Grading beyond Contractor’s Control

If the agreed upon project requires Benson Enterprises of New York, Inc. to perform work over an existing grade that was performed by another contractor or if the project possesses pre-existing drainage problems, Benson Enterprises of New York, Inc. will not warrant that the project will be free from puddling, pooling water, shifting, settling or other drainage problems.  Such work is not warranted in any respect and the Limited Warranty provision provided in Section V does not apply herein.   The Customer further agrees to hold the Benson Enterprises of New York, Inc. harmless for all losses and damages whatsoever that may arise for any insufficient grading beyond the Benson Enterprises of New York’s control.      

 

Section XI.  Required Permits

The Customer represents that they will secure all required permits, certifications, variances, as necessary unless otherwise agreed upon prior to commencement of work.

 

Section XI.  Section XII. Unmarked Lines

The Customer is responsible for private, unmarked or buried lines, such as but not limited to, irrigation systems, private utilities, leach lines, septic tanks or invisible fences and must identify and mark them and disclose them to Benson Enterprises of New York, Inc.

Electrical service from the utility box (transformer) to the house is considered a private utility. In some cases a private stakeout must be performed. A typical cost of this service is $175-$250 and will be the customer’s responsibility to pay for above and beyond the contract price.

 

Section XII.  Installation Standard

Walks and Patios

All walks and patios will be excavated to a depth of 8-12” below final grade. The width of the walk or patio will be over-dug by 6” on each side. A base of crushed stone will be installed to a depth of 5-9” and compacted with a tamper in 3” lifts in order to reduce settling. A thin layer of stone dust will be laid in order to achieve the proper pitch and will also serve as a bedding layer for the walk material. The material of your choice is then laid in the pattern you have selected. A border course is then cut into the walk. Restraint edging is then spiked into place. This will help your walk to stay true to form. Polymeric sand is then swept into the joints. The poly sand acts as a grout which holds the pavers firmly in place and reduces weed growth. A tamper is then run over the surface that will set the material firmly in place. Finally your new walk is hosed down to reveal the final product. This method is used on all concrete paver products. Clay or natural materials will vary.

 

Retaining Wall

All walls, either natural or modular, will be constructed on a minimum 6″ crushed stone base. The first course, or toe of the wall, will be set 1-12” below grade depending on the final height of the wall. After the first course is laid, the wall stone is stacked in accordance with the manufacturer’s specifications. All retaining walls will be backfilled with washed stone. Based on site conditions, wall height and product selection a 4″ perforated pipe will be installed behind the wall(s) along with geo grid. Cap stones for the wall are then installed. If the wall is curvilinear, the caps will be cut for a snug fit. The caps are adhered to the top of the wall with outdoor specific adhesive. The final grade will then be brought up to the back of the wall.

 

Bed Preparation and Planting

All necessary planting beds will be laid out ahead of time for the customer’s final approval. An application of Round-Up will be sprayed in the planting beds to kill unwanted grass and weeds. All planting holes are dug a minimum of one and a half times as wide as the root ball. The planting hole is then backfilled using on-site soil along with a mix of compost and fertilizer. The soil amendments are site and plant specific in order to gain maximum plant vigor. If roto-tilling is desired, bed areas will be tilled to a depth of 4-6”. During roto-tilling, compost and fertilizer are applied and worked into the soil. All new plantings are watered-in to assure good plant survival. Benson Enterprises guarantees all new plant material for two years and will replace a defective plant one time with one of equal value. The guarantee does not cover animal damage, vandalism, acts of nature, lack of care and transplanted material.

Our quoted price reflects the above standards. Some methods will vary depending on material and site conditions.

 

Liability

Benson Enterprises assumes no liabilities or responsibilities for any cracking, breaking, puncturing, depressing, or any other damage to any driveway, patio, or other paved, bricked, stoned, concrete, or asphalted surface which may result from trucks and equipment being used to access the job site.

 

Handrail Recommendation

Benson Enterprises strongly recommends hand rail installation on all step applications.

 



30+ Years In Service

Providing design, installation, and full service landscape maintenance.

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For peace of mind we are covered to service all properties - commercial and residential.

100% Guarantee

No job is complete until it is done to your satisfaction AND ours. We guarantee it!


Address

1986 Bennett Road
Victor,  NY   14564  

Phone Number

(585) 248-0452

Fax

(585) 657-6123