Terms and Conditions | Bieber Lawn, Lake an

Bieber Lawn, Lake & Forestry Services LLC

Terms and Conditions of Sales and Service

(Version: August 16, 2023)

Definitions:
1. “Agreement” means the Services Agreement entered into by and between Bieber and Landowner.
2. “Bieber” means Bieber Lawn, Lake & Forestry Services LLC, an Indiana limited liability company.
3. “Landowner” means Bieber’s customer identified in the Agreement.
4. “Products” shall mean any goods sold by Bieber to Landowner pursuant to or connected with an Agreement.
5. “Services” means the services to be provided by Bieber to Landowner pursuant to the Agreement.
6. “Terms” means these Terms and Conditions of Sales and Service.
Acceptance of Terms and Controlling Conditions: The Agreement, which these Terms are incorporated into and made a part of, constitutes the complete and final agreement of Bieber and Landowner unless otherwise provided in a writing signed by an authorized representative of Bieber, and no terms or conditions in any way modifying the provisions herein shall be binding on Bieber. The Agreement is made only upon the express condition that these Terms govern. Bieber’s failure to object to provisions contained in any communication from Landowner is not a waiver or modification of these Terms. If Landowner objects to any of provision of these Terms, any proposals to delete, modify, or replace said provision(s) must be communicated in writing to Bieber and accepted in writing by Bieber prior to commencement of performance by Bieber.
Payment Terms: Unless provided otherwise in writing by Bieber, payment shall be net thirty (30) days from date of invoice, subject to such change as Bieber in its sole judgment, may impose because of Landowner's financial or credit conditions existing at or after the time Services are performed by Bieber or that Bieber delivers the Products.
Latent or Differing Conditions: The cost for the Services is based upon Landowner’s representations regarding the conditions and properties of the land upon which the Services will be rendered by Bieber. In the event that Bieber discovers, after the execution of the Agreement, a latent condition or that such conditions/properties differ from that represented by Landowner, Bieber shall communicate to Landowner any increases in Bieber’s cost for the Services that results from the discovery of said latent or other differing conditions. In the event that Landowner and Bieber are unable to agree to said increased costs, Bieber shall be entitled to terminate the Agreement without penalty, and in such event, Landowner shall be responsible for paying Bieber for all Products and Services provided to Landowner by Bieber at of the date of termination.
Termination by Landowner: The Agreement, or any Services to be provided thereunder, may be cancelled by Landowner only with prior notice received by Bieber at least twenty-four (24) hours in advance, and only upon the acknowledgement of Bieber. In the event of such cancellation, Landowner shall be responsible for all costs and expenses specifically incurred by Bieber in anticipation of, reliance on, and preparation to perform the Agreement.
Termination by Bieber: If Landowner fails to make payments in accordance with the Agreement, or fails to comply with any other provision of the Agreement, or if circumstances beyond Bieber’s reasonable control dictate that Bieber will not be able to perform the Agreement as anticipated, Bieber may cancel the Agreement, in which event Landowner will remain responsible for all costs and expenses specifically incurred by Bieber in anticipation of, reliance on, and preparation to perform the Agreement.
Service Dates. All dates provided by Bieber shall be construed as estimates, and time is not of the essence of the Agreement.
Limited Warranty: Regarding Products, Bieber agrees to pass through to Landowner any warranties offered by the manufacturer of said Products. Regarding Services, Bieber warrants that the Services will be provided in a good and workmanlike manner. Landowner agrees to notify Bieber within seven (7) days of the discovery of any defective Service and to allow Bieber seven (7) days to respond. Landowner agrees to allow Bieber access to the property to evaluate these items before any corrective action is taken. Landowner agrees and understands that any repairs or corrective action taken without consultation with Bieber relieves Bieber of any all liability.

EXCLUSION OF OTHER WARRANTIES:

THE WARRANTIES DESCRIBED HEREIN SHALL BE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SHALL BE IN LIEU OF ALL OTHER OBLIGATIONS AND LIABILITIES, INCLUDING NEGLIGENCE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF SERVICES, OR THE SALE OR FURNISHING OF PRODUCTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION AND OPERATION.

Limitation of Remedies: Landowner's sole and exclusive remedy against Bieber for non-conforming Services shall be for corrective work by Bieber or for the refund of payments made by Landowner to Bieber pursuant to the Agreement. The sole purpose of this stipulated exclusive remedy provision shall be to provide the Landowner with free corrective work and/or for refund of payments as provided for in the preceding sentence. This exclusive remedy shall not fail for its essential purpose so long as Bieber is willing and able to perform corrective work or refund payments as provided in this Section. Landowner agrees that no other remedy, including, but not limited to, the right to reject or revoke acceptance of the Products and Services, incidental or consequential damages for lost profits, lost sales, loss of production, injury to person, damage to property, or any other incidental or consequential loss shall be available to it and Bieber shall not be liable for such incidental or consequential damages. Landowner’s sole and exclusive remedy for defective or nonconforming Products shall be the remedy(ies), if any, offered by the manufacturer of said Product, and Bieber shall have no liability therefore.
Governing Law: These Terms and Conditions are governed by the law of Indiana. All actions hereunder must be brought in the state courts situated in Warrick County, Indiana.
Attorneys Fees: Landowner agrees to pay Bieber’s reasonable attorney fees, costs and expenses for any legal action undertaken by Bieber to enforce the Agreement or these Terms.
Severability: If any part of these Terms and Conditions are held to be invalid or unenforceable, all other of Terms and Conditions shall nevertheless continue in full force and effect.
Errors: Any and all typographical or other clerical errors made by Bieber herein are subject to correction by Bieber.