Terms & Conditions

These terms are extremely detailed in order to avoid “surprises”. We want everyone to know exactly what to expect! Agreement includes only the items listed on the agreement. If it is not listed, it is not included in the price. If you have questions, please ask them. We want this to be an awesome experience! Agreement does not include electric installation, which will be provided by the homeowner. Agreement does not include irrigation repairs or adjustments. Broken pipes will be clearly marked for your irrigation professionals. If we are working on an existing feature with problems, we only guarantee the work we are doing. We do not then become responsible for other people’s work. If we didn’t build it, and it’s not visible, there’s no way for us to know about it.

When we work on a project, we will potentially work every day if we have equipment rented. If we need to NOT be on your property on a certain day, we need to be informed before we start. If we are asked not to work for any reason after we start the project, you will be billed additionally for the machinery that is “sleeping” on the jobsite. Conditions beyond our control such as stumps, boulders, etc. will require separate labor charges when necessary. New Hope will not be responsible for any damage to unmarked underground lines, pipes, utilities, irrigation systems, etc. If we are to be digging, we will contact “Call Before You Dig” to have major utility lines marked. Everything else is to be marked by clients. We will, of course, do our utmost to avoid damaging anything, but we cannot be responsible for unknown obstacles. Any add-ons or changes to the initial scope of work will be covered by oral agreements and/or handwritten contract change order(s). New Hope honors all manufacturer warranties and guarantees workmanship for one full year after installation. Work will be scheduled as soon as down payment is received. Actual construction dates are approximate due to variable weather conditions affecting our work schedule.

New Hope accepts cash, credit cards, or checks. We require a 50% deposit when the contract is signed and a card on file for the balance, and then the work date will be scheduled, with the balance paid in full immediately upon completion. We are not set up to do financing and do not want to do so. If you are not able to be present at the end of the project, let us know, and we can charge the card on file. If New Hope Aquascapes is forced to take action to collect an unpaid debt, all costs incurred in the collection of that debt shall be paid by the defaulting party.

New Hope Aquascapes and Landscaping shall have lien on all goods and materials remaining on site until full payment of all monies has been made. The company shall have free access to enter the site to remove such goods and materials.

In the event that heavy equipment is used on your project, there is a possibility that lawn or driveway damage will result. We will do everything in our power to minimize the chances of this, but sometimes it is unavoidable. In the event such problems occur, these issues will have to be taken care of by lawn or concrete professionals, and the cost is not included in this agreement. Again, if you have questions or concerns, please ask. We want this experience to be a pleasant one!

Fish Waiver

While we do everything we can to ensure the health and happiness of your pets, things happen in life that are beyond our control. These unknown variables are why we cannot guarantee your fish health during or after our clean-out. Please talk with us about this if you have concerns; we want to address them.

Due to the organic nature of ecosystem ponds, our koi pond cleaning service professionals, who offer services to the greater Tri-Cities area, will preserve some of the established organic matter that exists within your pond. What this means is that our cleaning professionals will remove excessive sludge, muck, & debris from the bottom of your pond, clean all filtration devices (biofalls, skimmers, etc.) and remove excessive algae from the rock in your stream and in your pond. However, the cleanout process performed by us will NOT result in a “sparkling clean” pond. It will, however, leave you with a healthy pond that will be ready for an enjoyable low-maintenance year. Finally, it is likely that your pond water may appear “cloudy or murky” due to suspended solids floating in the water for up to 24 hours after the service is performed, but this is nothing to worry about. The system will clear and settle in over time.

Homeowner Responsibilities

Please remember that the following tasks need to be completed prior to your cleanout. Failure to abide could result in your service not being able to be performed on the scheduled date/time. Should we not be able to gain access, you may be charged an additional fee to compensate for lost time/travel costs.

• Site Access: Please make sure that our service personnel have access to the pond. This includes any necessary gate codes/locks, etc.
• Pets: Please ensure that all pets are put up prior to the scheduled cleanout date/time. Also, pet waste causes an unsanitary working environment for our service personnel. Please ensure that any pet waste is cleaned up around the pond area.
• Pond Refill: Upon finishing your clean-out, we will refill the pond with enough water to re-introduce your fish (at least 1’ of water). For larger ponds, YOU WILL BE RESPONSIBLE FOR FINISHING THE FILLING PROCESS AND PLUGGING IN THE WATERFALL PUMP. (We have estimated your labor costs based on this assumption to keep your cleaning costs to a minimum).

Excessive Debris Removal

If your pond has not been regularly cleaned and/or has been neglected for some time, it could require the removal of excessive sludge/leaves/debris. The base cleanout charge covers normal debris removal up to one 25-lb. container of debris. New Hope Aquascapes and Landscaping reserves the right to charge $50 for each additional container of debris that is removed from the pond in excess of 25 lbs.

Excessive Thinning of Plants

Our normal cleaning process includes the thinning of plants that may be getting too large. However, if your plants have been neglected for several seasons, it is likely they can overtake areas of your pond. The base cleanout charge covers normal plant thinning up to one 25-lb. bag of plant material. New Hope Aquascapes and Landscaping reserves the right to charge $100 for each additional container of plant material that is removed from the pond in excess of 25 lbs.

Disclaimer

Spring cleanings can be stressful on your pond ecosystem, fish, and pond surroundings. We go to great lengths to take every precautionary measure possible. However, some issues are beyond our control. If there are underlying issues with the system that we are not made aware of, we do not become responsible for inoperable or otherwise poor-performing systems. New Hope Aquascapes and Landscaping assumes absolutely no responsibility for any issues/problems that cannot be directly related to negligence on the part of our service employees. This includes but is not limited to leaks, pump failure, poor filtration, electrical issues, etc.

Fish/Ecosystem

A full cleanout will require that your fish be removed from your pond and carefully placed into an aerated tank during the cleanout process, after which your fish will be slowly acclimated back into the freshly de-chlorinated pond water. In some extreme circumstances (VERY poor water quality of existing pond for example), this process can be stressful and has the potential to cause health issues and/or death with your fish. The New Hope Aquascapes and Landscaping personnel will take every possible precaution to ensure no issues occur. However, New Hope Aquascapes and Landscaping shall not be responsible for any fish/pond health issues or death resulting from our cleanout services.

Pond Surroundings

Our cleanout personnel take great care to minimize the damage to any pond plants, pond accents, or surrounding landscape. However, reasonable access to the pond itself is required. Therefore, the possibility of some damage to existing pond plants, pond accents, and general landscaping exists. Please inform New Hope Aquascapes and Landscaping if any areas that need to be protected upon or prior to arrival so that these areas can be avoided. New Hope Aquascapes and Landscaping assumes no responsibility for any damages that may occur to your pond plants, accents, or surrounding landscape during the cleanout process.

Payment Terms

All contracts will be required to place a valid credit card on file. In the event that you wish to pay with cash or a check, we will expect that payment at the completion of the agreed-upon work. If no payment is provided to our technicians, then your contract signature authorizes New Hope Aquascapes to process a payment in the agreed-upon amount. If for any reason an invoice should go beyond 30 days past due, New Hope Aquascapes will be authorized to charge the full amount due plus late charges of 3% of the total amount due or $5, whichever is higher, to the card on file. Should that card be declined, you will be charged an administrative fee of $25.00 and other collection attempts will begin.

Scheduling

Once your service date is scheduled, we will contact you informing you of the tentative date (usually 2 weeks in advance). As your scheduled date approaches, we will provide a clearer expectation for your services. If you have an exact date/time when you would like your cleanout performed, you must submit this with your deposit payment. We will make every effort to accommodate your wishes. However, we cannot guarantee any scheduling requests will be accommodated.

Acceptance

Please be sure you have read and understand all aspects of our project. Your deposit payment signifies acceptance of all terms and conditions referenced in this document. Please read the terms of this spring maintenance agreement and ensure that you fully understand all of our pricing and policies.

Standard Conditions for Excavation Subcontracts

Unless specifically stated in the quotation or statement of work, all dirt, trees, and brush removed during excavation will remain on the jobsite. Dirt removal and landscape repair must be a separate line item.

Buyer/Prime Contractor is responsible for clearly marking all utilities and other pipes and cables prior to excavation. New Hope is not responsible for any broken or damaged lines and will hold the consumer responsible for damage to equipment resulting from unmarked or unidentified obstacles. We charge separately for areas that need to be dug by hand, and change orders may be required if any hand-dug areas are identified after the contract is accepted.

Buyer/Prime Contractor is responsible for water damage that occurs to existing house wall/foundation prior to completion of excavation and footer/foundation construction on job site.

Objects or soil conditions unearthed during excavation that exceed the capability of the equipment used for the job will be subject to separate negotiations.

If the contract is terminated for any reason, Buyer/Prime Contractor is responsible to pay for all costs incurred up to time of termination, including mobilization and reorganization time.

Tasks added to the scope of work must be agreed to in writing and priced prior to beginning of work on the added task.

All changes in scope must be separately priced and accepted by both parties prior to incorporation into the contract.

Buyer/Prime Contractor must provide approved access to the jobsite for the equipment needed for the performance of the contract.

Buyer/Prime Contractor accepts that some disturbance of ground near excavation will occur as a result of normal operation of equipment. Landscaping and concrete repairs are not included unless separately priced as a part of the excavation contract. We will do everything in our power to minimize the chances of this, but sometimes it is unavoidable. In the event such problems occur, these issues will have to be taken care by lawn or concrete professionals, and the cost is not included in this agreement. Again, if you have question or concerns, please ask. We want this experience to be a pleasant one!

If fill dirt is required and included in the price, New Hope Aquascapes and Landscaping will perform compaction at time of installation, but is not responsible for settlement that may take place over time.

All Contracts must be confirmed in writing before work commences. Email confirmation is acceptable, but there should be reference to date, quote number/ref, and a statement of acceptance of the terms and conditions herein, in order that the Contract is legally binding.

No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing. 

A charge will be made for any additional works carried out, on instruction from the client, and not specified in the contract. Additional labor will be charged by the hour. Additional materials shall be quoted for and agreed to before these added works are undertaken.

We ask that the client ensures there is adequate access to the site, e.g. that all vehicles and other obstacles are removed; that gates, doorways and passageways are clear of obstruction and unlocked; and that neighbors are notified where access is required to carry out the work. We also request that all dog mess be cleared from the site. If the works cannot be carried out, the team will leave the site and you may still be charged.

The client should inform New Hope Aquascapes and Landscaping regarding any springs, flooding, rock, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations and sub-structures of former buildings or other hazards or obstructions except those that are reasonably apparent by inspection of the site prior to the date of the contract. A full site survey can be carried out by New Hope Aquascapes and Landscaping before commencing works, and this should be requested in writing. Upon completion of which, New Hope Aquascapes and Landscaping cannot accept any liability for any sub-surface issues should they arise unless revealed in the survey. 

Should additional work arise due to unknown or undisclosed structures such as those outlined in the clause above, then New Hope Aquascapes and Landscaping may be required to add additional labor to the project or extend the project timelines. This will impact the costs associated with the project, which will be reviewed and agreed with the client before proceeding further.

The client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regard to the works unless request has been made to New Hope Aquascapes and Landscaping to carry this out on your/the client’s behalf. You/the client shall indemnify New Hope Aquascapes and Landscaping against any claim/proceedings/loss or expense resulting from you/the client failing to gain permissions/give notices/pay fees required in whole or in part. New Hope Aquascapes and Landscaping will agree with the client, where appropriate, permissions that they will seek on behalf of the client.

Our Terms of Trading

• Landscaping: A deposit of 50% of the agreed contract sum is requested on agreement and acceptance of the contract with the balance payable on fulfilment of the contract. Invoicing and payment for any additional costs agreed will take place at an appropriate stage of the works – to be agreed between you/the client and New Hope Aquascapes and Landscaping.
• Maintenance: For jobs over a certain amount (decided at New Hope Aquascapes and Landscaping’s discretion), where New Hope Aquascapes and Landscaping is required to purchase materials in advance, we request a deposit payment of 50% of the contract sum, with final payment immediately due on completion. For larger projects, payment terms/schedule are determined by our landscaping department. Accounts are payable within 7 days of the invoice date. Separate agreements are made with our regular contracted maintenance clients, and these payment terms are set out as per their individual contracts.
• Garden design and planting plans: Garden design costs are charged per the individual project, and the agreed design fee is to be paid in full before commencement of work. Separate terms and conditions are provided specific to our design service.

New Hope Aquascapes and Landscaping shall have lien on all goods and materials remaining on site until full payment of all monies has been made. The company shall have free access to enter the site to remove such goods and materials.

New Hope Aquascapes and Landscaping hereby excludes liability to the client for any loss, cost or damage of any kind arising out of or as a consequence of its failure to perform or complete the works by reason of matters beyond New Hope Aquascapes and Landscaping’s control and which it could not have reasonably foreseen at the date of the contract.

Any concerns or complaints after the works have been finished should be given to New Hope Aquascapes and Landscaping within 7 days of completion of works.

New Hope Aquascapes and Landscaping cannot accept liability for any defects to the works caused by summer drought, landslip, tree root damage, water deprivation and severe weather conditions. 

New Hope Aquascapes and Landscaping cannot accept responsibility for damage to local statutory services, i.e. gas, electrical cables, water and drainage, as notice should have been given on their locations prior to work commencing.

Planting and turfing: It is the responsibility of the client to carry out proper watering accordingly, and no responsibility for plants and turf will be taken by New Hope Aquascapes and Landscaping once the works have been completed. The plants we use have no specific guarantee from our suppliers once they leave their nurseries.

New Hope Aquascapes and Landscaping will agree to appropriate material and installation guarantees for specific works at yours/the client’s request. However, we do not have a standard set of terms of guarantee due to the nature our work.

Quotes are valid for 30 days from date of issue only.

Late payment of invoices for completed works, beyond our 14-day payment terms, will be subject to a 5% monthly interest charge (on all outstanding amounts). In addition, a $50.00 administration charge will be added to each subsequent invoice, limited to one per month. New Hope Aquascapes and Landscaping, once written/email agreement (as per point 2) has been received, we/New Hope Aquascapes and Landscaping reserves the right to enforce late payment charges in accordance with our terms and conditions.

Lawn Maintenance and Mowing

Weekly Lawn Maintenance

Included with weekly lawn maintenance are mowing, trimming, and air sweeping in our standard package. Edging of all concrete areas will be completed every other week. An additional charge may apply if your edges have not been maintained prior to our first service. Please make sure your lawn is picked up before our crews show up for service. We cannot be responsible for children’s toys, dog toys, garden tools, garden hoses, faulty or improperly installed irrigation heads, or any other obstacles that mowers may run over in your lawn. Please take care of dog waste prior to mowing each week. If we are unable to access your property due to locked gates, construction or debris, we reserve the right to invoice for the service. Any damage to equipment or property caused by failure to remove such debris will be billed to the customer. We are not responsible for gates left open. Please verify they are closed/latched after service. We are fully licensed and insured. In the event on an accident, we will repair the damage at our expense if we are at fault. We have a preferred provider for services outside of our industry, and we will use them for any repairs necessary. The monthly bill is based on a full season commitment.

Cancellation

Either party may cancel the contract at any time. However, you must submit a written notification of the cancellation to our office 15 days prior to the cancellation of services. Due to scheduling complications, you may not cancel your service on the same day your property is scheduled for service.

Payment Terms

An invoice will be sent the first of each month. Payment in full is due within 15 days of the invoice date. If payment is not received within 30 days, finance charges will be assessed in the amount of 1.5% of the late amount (18% per annum), or a minimum of $5.00, whichever is greater. If payment is delinquent by 30 days or more, the service will be suspended until the balance is paid in full. Returned checks will be subject to a $30.00 fee. The customer must pay all collection costs, including attorney fees.