WISCONSIN CONSTRUCTION LIEN LAW TERMS AND AGREEMENT
The undersigned customer (“customer”) and Aaron’s Lawn Care Service LLC (DBA ALCS Lawn Care). ( “company/ ALCS”) hereby acknowledge and agree as follows:
1) customer is an owner of land who is acting personally as prime contractor in improving such land by entering into this contract.
2) company is a subcontractor within the meaning of chapter 779 of the Wisconsin statutes for the purposes of this contract.
3) the materials, labor and services set forth in this contract are to be provided by company to improve or for the improvement of customer’s property. “improve” or “improvement” for purposes of this paragraph has the meaning set forth in wis. Stat. §779.01(2)(a).
4) company is a “lien claimant” who is contracting directly with customer, as the owner of land, for the labor, services, materials, plans or specifications to be performed, furnished, or procured under this contract.
5) the labor, materials and services set forth in this contract are to be provided for a “private small project” within the meaning set forth in wis. Stat. §779.02(1)(c), to wit: wholly residential improvements in which four or fewer family living units are to be provided, added or improved.
6) the attached notice of lien rights incorporated by reference as if fully set forth herein.
ACCEPTANCE OF PROPOSAL:
This Agreement shall inure to the benefit of and be binding upon the Companies and their respective successors and assigns. The Companies will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of the Companies to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Companies would be required to perform it if no such succession had taken place. As used in this Agreement, “Companies” shall mean the Companies as herein before defined and any successor to their business and/or assets as aforesaid that assumes and agrees to perform this Agreement by operation of law, or otherwise.
This estimate once accepted will be enrolled in an auto renewing contract from season to season. You can cancel at any time for any reason. You will be invoiced for any work performed prior to cancelling. In late winter of the start of a new season we will send you a “prepay” notice with any prices increases for that year and the option to pay for the season in advance. Upon acceptance of a prepay letter (acceptance is assumed once service starts or any portion of payment is made) you consent to electronic communications, including but not limited to service reports and invoicing. You also understand that ALCS Lawn Care may send occasional text messages and/or emails for appointment reminders and promotions. If you decline electronic communications a $3.00 fee will be added per each visit.
This estimate is for completing the job as described in detail. It is based on our evaluation and does not include material price increases or additional labor and materials, which may be required, should unforeseen problems or adverse weather conditions arise after the work has started and or completed.
Additions, modifications and /or changes to the work described will be performed only upon completion of
written change orders. These alterations will be charged over and above the original estimate.
NO responsibility is assumed or implied for any private underground line, service, bury tile or pipe for downspouts, pop-up emitters or irrigation line not marked (Diggers Hotline does not mark private lines).
It is the owner’s responsibility to mark these private lines. Damage to unmarked lines will be repaired at the owner’s expense.
Unless noted previously – Clean-up of other contractors’ debris is not included.
Subsurface drainage, drain tile, or buried downspouts are not included unless noted previously. We will make every effort to move light lawn furniture and other debris in your turf to effectively apply product, within reason.
ALCS does not guarantee the germination of seed or growth of sod. We cannot
guarantee these due to the care each requires after installation by property owner. We cannot guarantee our
seeding against washouts or against other acts of nature – this includes damage to seeded areas by others.
ALCS has the right to subcontract one or more of your contracted services without
your expressed consent.
FUEL SURCHARGE Whenever fuel is over $4.00/gal a 4% fuel surcharge (per Invoice) can be added, not to exceed $150 per invoice or statement.
TERMS: A finance charge of 3% per month will be charged on all past due invoices with a minimum charge of $1.00. In the event that a finance charge is added, any monies paid will be applied to these charges first.
RETURNED CHECKS: A service charge of $30.00 will be added to any returned checks.
ADDITIONAL FEES: In the event a suit is filed to enforce payment, the owner/agent representative will
be responsible for any attorney fees and court costs as allowed by law.