AG Online Pay

Taxes:

You agree to be responsible for all applicable taxes on the services and/or materials used or provided in connection with the services to be provided under this Agreement.

Payment Terms:

You agree to promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, we may stop all work under this Agreement without notice and/or cancel this Agreement. If this happens, the entire Agreement Cash Price (less prior payments) for all work performed under this Agreement will become due and payable immediately upon demand. A late charge of 1 ½% per month will be charged on all amounts that become thirty (30) days or more delinquent, provided, however, that in no event shall the late charge exceed 5% of the annual Agreement Cash Price if the Agreement Cash Price exceeds $200, or $10 if the Agreement Cash Price is $200 or less.

In the event we must commence third party collection or arbitration in order to recover any amount payable under this Agreement, you agree to reimburse us for all costs and attorneys’ fees when incurred by us.

Payment Terms:

You agree to promptly pay invoices within ten (10) days of receipt. Should a payment become thirty (30) days or more delinquent, we may stop all work under this Agreement without notice and/or cancel this Agreement. If this happens, the entire Agreement Cash Price (less prior payments) for all work performed under this Agreement will become due and payable immediately upon demand. A late charge of 1 ½% per month will be charged on all amounts that become thirty (30) days or more delinquent, provided, however, that in no event shall the late charge exceed 5% of the annual Agreement Cash Price if the Agreement Cash Price exceeds $200, or $10 if the Agreement Cash Price is $200 or less.

In the event we must commence third party collection or arbitration in order to recover any amount payable under this Agreement, you agree to reimburse us for all costs and attorneys’ fees when incurred by us.

Limited Warranty:

We warrant that our workmanship on all installations and repairs shall be performed in a good and workmanlike manner. For a period of one (1) year from installation we will replace any plant materials that may die during this period, provided that such plants have received proper care, as we determine, in our sole discretion, or have been maintained by us under a separate Landscape Management Agreement. This warranty shall not apply if the plant material fails to survive due to accident, alteration, abuse, misuse, or acts of nature including, but not limited to, flood, drought, insects, or prolonged freeze. This warranty does not include damage or plant death due to: vandalism, Acts of God, deer damage, improper watering by any party other than us, or irrigation system management by any party other than us. There is no warranty on transplanted plant material, herbaceous perennials, or ground covers (e.g. pachysandra, ivy or vinca).

You acknowledge that we are NOT the manufacturer of the installed materials and equipment and that we make no representations or warranties as to the installed materials and equipment or their specifications, fitness for a particular purpose, performance or merchantability other than as set forth in the preceding paragraph. You agree to look solely to said manufacturer to remedy any alleged deficiency in the installed materials and equipment and damages related directly or indirectly thereto. We warrant that any parts repaired or replaced by us will be free from defects in workmanship and material for one (1) year. WE DISCLAIM ALL OTHER WARRANTIES ON THE MATERIALS FURNISHED UNDER THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CANCELLATION/RETURN POLICY:

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice to American Gardens, LLC, at 904 S Riverside Drive, Elmhurst, IL 60126 not later than midnight three days after contract signature.

I hereby cancel this transaction.

Early Termination:

You may terminate this Agreement at any time by giving thirty (30) days notice to us in writing. Such notice will be deemed to have been given on the date of receipt at our address shown on the first page of this Agreement.

In the event that you terminate this Agreement before its intended expiration date you understand that the cost of the actual work performed between the most recent anniversary date and the termination date may exceed the total amount of the scheduled payments for the services performed under this Agreement during that period. If so, you agree to reimburse us, at then current rates, (i) for all costs for the work performed in connection with this Agreement during such period up to and including the date of termination, and (ii) all costs of any materials ordered by us in connection with this Agreement. We will submit a final invoice to you for the total amount of all applicable costs less the amount of your payments made prior to termination.