Terms of Service
Standard Terms and Conditions
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, within 15 days from the invoice date or as otherwise set forth in the proposal payable to Benson Enterprises. Customer agrees that it shall be responsible to Benson Enterprises of New York, Inc. for an interest penalty of 1.5% a month (18% a year) on any payments that are not made as agreed upon. The minimum monthly finance charge is $3.00. Any failure to pay the agreed upon price constitutes a default in payment. 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
A. 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.
B. 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 prepaid or to Scott@BensonEnterprises.com. 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
A. 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, efflorescence (a natural occurring process) and variable run color for any manufactured concrete products, maintenance, mowing, pruning, trimming, mulching, weeding, Fall and Spring clean-ups, edging, or the application of herbicides:
B. 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.
C. 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.
(2) 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.
(3) This limited warranty may not be assigned.Standard Terms and Conditions Continued
(4) 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.
(5) This limited warranty applies only to defects that shall arise within two (2) years of the completion of all work contemplated in this contract.
(6) 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
A. Walks, Patios, and Steps
Benson Enterprises of New York, Inc. guarantees your walk, patio or steps 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.
B. 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 except for 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.
C. 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.
D. Lawn Seeding
We guarantee germination for New Installations and Lawn Renovations with proper watering, as described below, within (60) days and will be happy to provide a one-time warranty seeding, if needed, as long as your account is current. Please note that overseeding is NOT guaranteed. Watering your new lawn areas with a sprinkler while the seed is germinating and during the hot and dry times will ensure a healthy lawn. Your newly seeded lawn will need to be lightly watered 2-3 times during the day to ensure quick germination and then 3-4 times per week for one to two weeks after your new seed begins to sprout. Then follow a regular watering schedule during the growing season based on the weather and the needs of your lawn. During the germination of your new seed, you want to water only enough to soak the area but try to avoid over watering that may wash the seed away. After the lawn has established, water 1/8”-1/4” per time and move your sprinkler around to cover all areas; be sure to get total coverage and not to leave small patches of dry area.
Sod is only guaranteed with an irrigation system and/or a temporary irrigation system loaned to the customer by Benson Enterprises. Benson Enterprises will provide the watering criteria and the customer is responsible for setting it up and continuing to monitor it. Sod is only guaranteed for (60) days.
Section VII. 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 VIII. 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 IX. 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 X. 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. 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 $200-$250 and will be the customer’s responsibility to pay for above and beyond the contract price.
Section XII. Installation Standard
Walks, Patios and Steps
All walks, patios and steps will be constructed and set at reasonable industry standards. Benson Enterprises uses their judgment and discretion to set depths, heights, grades and installation conditions.
All walls, either natural or modular, will be constructed and set at reasonable industry standards. Benson Enterprises uses their judgment and discretion to set depths, heights and installation conditions.
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 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.
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.
Benson Enterprises strongly recommends hand rail installation on all step applications. Customer agrees to adhere to Section X Required Permits, in which customer will obtain and comply with any local or state requirements for handrail installation. This likely requires customer to install handrails when steps are installed at certain, minimal heights or number of steps. Customer understands it is their responsibility to do this and that not complying could additionally be a violation of their property/liability insurance which could lead to a claim denial, should someone, including a third party suffer an injury for a lack of handrail installation.
Why Homeowners Should Always Demand Workers’ Comp and Liability Coverage! Hiring anyone to work on your property without workers’ compensation and liability coverage is a recipe for financial disaster.