- Obstructions: If there are any obstructions such as garbage bins, cars etc., in the area of proposed work, they should
be removed before the work begins. Additional costs of $950.00 per hour.
- Landscaping: All landscaping foliage such as trees, shrubs, ground cover, etc., that may overhang any curbs, header
boards or work areas must be trimmed by OWNER before the commence of work.
NYS ENTERPRISES, INC. is not responsible for any damage incurred to landscaping during
- Irrigation: If there are any automatic sprinklers for your landscaped areas, they should be turned off at least 24 hours
prior to, and remain off for 24 hours after this work. NYS ENTERPRISES, INC. is not responsible for
damages incurred due to irrigation during project as outlined above.
- Tracking Material: NYS ENTERPRISES, INC. is not responsible for the cleaning or cost of cleaning any carpet,
concrete, etc., stained as a result of people walking or driving through the new construction area.
- Organic Material: If weed kill or moss kill is included NYS ENTERPRISES, INC. will not be responsible for any
subsequent growths of horsetail weed, morning glory, deep rooted ferns, or perennials which have
not reached maturity prior to application. Also, due to local environmental conditions
NYS ENTERPRISES, INC. will not be responsible if moss re-appears after application.
Additional Costs: If additional trips are required to complete the contract as a result of any items listed in 1-5 there will be an extra
trip charge of a minimum of $950.00 for each required trip.
Insurance: Public Liability and Labor and Industries Insurance on contracted work is to be taken out by NYS ENTERPRISES, INC.
A Certificate of Insurance will be provided prior to the start of the project, any modifications beyond the standard
certificate, such as additional insured endorsements, will be billed to you at our cost. The OWNER is to carry fire,
tornado and other necessary insurance.
Damages: NYS ENTERPRISES, INC. will only be held liable for damage or disrepair to the said property when it is directly
attributed to negligence by an employee of NYS ENTERPRISES, INC. The OWNER will assume all other risk of loss
or damage to property and construction work in progress and indemnifies NYS ENTERPRISES, INC. No such loss
or damage relieves the OWNER from any obligation under this contract.
Legal Action: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the
provisions of the Agreement, the prevailing party should be entitled to reasonable attorney’s fees which may be
set by the Court in the same action, or in a separate action brought for that purpose, in addition to any other relief to
which the prevailing party be entitled.
Guarantee: All materials and workmanship are guaranteed for one year from date of completion.
Exclusions: Unless otherwise stated in this Agreement, NYS ENTERPRISES, INC. is not responsible for the following:
Permits, fees, engineering, testing, staking, over excavation, off haul or treatment of unsuitable sub-grade or base
rock, and/or off haul of contaminated material, cracks caused by ground movement, work performed by others, acts
uncontrolled by man, or any other work not specifically stated in this agreement.
Payment is due upon completion. Unless other arrangements have been made 1.5% per month finance charge will be assessed
after 30 days.
Note: Proposal is valid for (30) days