WCL Terms & Conditions – West County Landscaping

Terms & Conditions

Last updated 02/04/2025

AGREEMENT TO OUR LEGAL TERMS

Available at https://westcountylandscaping.com/terms

We are West County Landscaping LLC, DBA West County Landscaping and/or WCL Nursery Center, a company registered in Missouri.

You can contact us by email at sales@westcountylandscaping.com or by mail to 224 Benton Street, Valley Park, MO 63088.

These Legal Terms constitute a legally binding agreement between West County Landscaping and their agents (Contractor/We) and You, whether personally or on behalf on an entity, the property owner, and other responsible party as outlined in the service Proposal (Client/You/Your). You agree that by accepting our services You have read, understood, and agree to be bound by all of these Legal Terms. The Proposal is incorporated by reference into these Terms and Conditions and forms an integral part of this agreement

Supplemental terms and conditions or documents that may be posted from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert You about changes by updating the “Last updated” date of these Legal Terms, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes by Your continued use of our services.

The Proposal and Related Products and Services

The Contractor will provide a Proposal to You for work to be performed, except as noted below. Your acceptance of any Proposal indicates Your acceptance of our services as outlined within this agreement and Your commitment to pay for services as outlined in the Proposal and this document.
A Proposal may be accepted by any of the following methods: (a) verbal confirmation; (b) written confirmation (including email); (c) digital indication (such as clicking an “Accept” button); or (d) signing and returning a physical copy of the proposal.
Upon acceptance, the Proposal shall be incorporated by reference into these Terms and Conditions and shall form the complete agreement between the parties.
The Contractor’s proposal may include discounts for selection of multiple services. Selection of less than all quoted services may result in a rate increase for the selected services. You may elect to pre-pay for services, annually before March 1st of each year, to receive a 5% discount on all pre-paid services. See Prepayment Discount Terms and Conditions section below for details.

Hourly Services

Some services may be quoted at an hourly rate. These services are billed per person per hour and have a four hour minimum charge unless specified otherwise.
You may be responsible for fees in addition to the hourly rate. Disposal of materials including, but not limited to, leaves, sticks, shrub clippings, weeds, old mulch, and trash may be performed at the crew’s discretion or when required to perform the contracted work. Disposal of such debris may be billed in addition to the quoted rates.
When products are used to perform the quoted services these products will be billed to You in addition to the quoted hourly fee. Your acceptance of these services indicates Your acceptance of these additional fees under the conditions described herein.

Scope of Work & Additional Fees

Services listed on the proposal assume the property is in a well maintained condition. Most proposals are based on publicly available property measurements and no site visit is performed. We are unable to verify the condition of Your property when preparing our proposal.
Service required to restore the property to a well maintained condition is considered beyond the scope of the proposal and will be performed by the Contractor and billed to the Client.
For example, there may be additional charges for
- 1) mowing of grass taller than eight inches
- 2) controlling excessive weed growth as part of a fertilizer package
- 3) removing excessive mulch that is causing damage to plants or structures
- 4) removal of dead plant debris or fallen limbs
- 5) repairs to an irrigation system to restore proper operation
- 6) excessive dog waste
- These are intended as merely examples and are not an all inclusive list.
This proposal does not include any unforeseen complications, delays, or changes. The location of subsurface utilities is not known at this time.
Complications and delays related to the location of utilities and other subsurface improvements (unless specifically stated) are not included in this proposal and may result in additional charges.
Services performed are expressions of our best professional judgment but are not guarantees unless specifically stated.

Service Disruption Notice

If You need to reschedule a service please provide at least a 36 hour notice. That will help us ensure efficient scheduling by allowing us time to notify our team members and provide service to other clients.
We will take reasonable steps to perform the work as specified in the agreement. However, if we are unable to complete the service at the scheduled time, due to no fault of our own, You may be billed for the full service fee.
For example, You may be charged for the full service if 1) an appointment was scheduled but You are not available at the time of appointment, 2) a service is scheduled to be performed but in order to perform that work other repairs are needed prior to completing the scheduled service, 3) we are unable to reasonably access the worksite. These are examples of reasonable steps to perform the work that may result in fees but is not an all inclusive list. While we reserve the right to charge for specific scenarios, we do acknowledge extenuating circumstances that are beyond control such as sudden illness or emergencies.

Change Orders

If a Client requests to have work performed which is beyond the scope of the original agreement, the Contractor may elect to perform this work for the Client.
This work will be billed at up to $250 per person per hour plus products or disposal as outlined above, unless a written Change Order is accepted. In many cases the Contractor will elect to perform requested services without a written change order to reduce the Client’s costs associated with additional mobilization of resources.

Standards of Care

The Contractor will schedule completion of contracted work according to industry standards. Weather and other factors will result in changes to the work schedule. The Contractor accepts no liability for damages or inconvenience resulting from service delays.

Claims of Loss

The Contractor accepts no liability for damages, errors, or omissions greater than the value paid for the contracted service in which the loss occurred, when reasonable precautions are used per industry standards.
All claims of loss must be made within 15 calendar days of such loss.
If the Contractor determines the claim is substantiated, financial compensation, repairs, or replacement may be offered at the sole discretion of the Contractor. Any offer of compensation for such loss will be paid calculated on actual cash value less depreciation.

Invoices

We will send an invoice to Client on a regular basis, normally each month.
Payment is typically due within 15 days of the invoice date and will be indicated accordingly on the invoice.
If payment is not received by the due date services may be interrupted.
There is no late payment penalty, however, a late payment fee, up to the legal maximum, may be charged to cover the costs of managing and collecting past due accounts.
The Contractor will typically apply payments to oldest open invoices first, however, may apply payments to any open invoice at their discretion.

Prepayment Discount

West County Landscaping offers a 5% discount on qualifying recurring maintenance services when prepaid annually by check before March 1st.
To receive the discount, Client must prepay 95% of the estimated annual cost of services. The remaining 5% will be applied as a credit to Your account.
This discount is only available for payments made by check. We do not accept cash, credit card, or other forms of payment for this discount.
Any outstanding balance on Your account will be paid first from Your prepayment. The remaining amount will be considered Your prepayment for the discounted services.
The 5% discount is calculated as follows: (Estimated Annual Cost) * 0.95 = (Prepayment Amount). The 5% discount will be calculated by multiplying the Estimated Annual Cost by 0.05. Both Your prepayment and the 5% discount will be applied to Your account as a credit balance.
As services are performed, invoices will be issued, and the credit balance will be applied to these invoices.
The estimated annual cost is based on the anticipated services outlined in Your Proposal.
While we strive for accuracy, this is an estimate, and the actual cost of services may vary.
Any changes to Your service agreement during the year may result in a remaining credit or a balance due.
You will be notified of Your account balance on each invoice.
The prepayment discount applies only to services covered by the initial prepayment. No discount is offered for services added during the service season or for any amounts exceeding the initial credit balance.
At the end of the service season, any remaining credit balance will be automatically applied to future services.
You may request a refund of the *prepaid portion* (i.e., 95% of the remaining credit) by check within 30 business days after all services for the season have been invoiced. The discounted 5% portion of any remaining credit is non-refundable. Your prepayment constitutes acceptance of these terms.

Auto Pay

The Client may elect to enroll in automatic monthly payments for services rendered.
By enrolling in Auto Pay, the Client authorizes West County Landscaping to automatically charge the designated payment method on file each month for the balance due as shown on the monthly invoice.
A paid invoice will be sent to the Client following each successful charge.
To enroll in Auto Pay, please allow up to five (5) business days for West County Landscaping to process the request.
The Client is responsible for providing and maintaining current, accurate payment information.
Failure to provide updated payment information may result in a disruption of services.
West County Landscaping reserves the right to charge any past due amounts to the payment method on file, in accordance with the “Payment Terms” section of this Agreement. This charge for past due amounts is in addition to the regular automatic monthly payments.
The Client may cancel Auto Pay enrollment by providing written notice to West County Landscaping at least five (5) business days prior to the next scheduled invoice date.

Payment Terms

You agree to provide current, complete, and accurate payment information.
You further agree to promptly update account and payment information so that we can complete Your transactions and contact You as needed.
You agree to pay all charges at the prices then in effect for Your services and any applicable fees.
A credit card is required on file in order to schedule services to serve as a payment guarantee.
Expiration of credit card on file may result in interruption of services. Interrupted services may automatically resume once a new credit card is added to an account and payment is received, unless otherwise specified.
You authorize us to charge Your payment provider for any such amounts.
We reserve the right to correct any errors or mistakes in billing, even if we have already requested or received payment.
You expressly authorize us to charge any balance more than 14 days past due to any payment method on file. If a payment becomes 15 days past due, we will assess a 5% processing fee to cover our expenses of collecting the account.

Returned/NSF Checks or Credit Card Charge Backs

If a Client payment is returned, disputed, or charged back (returned) for any reason, the Client will pay a per instance minimum charge of $35.00 (to cover our costs of investigating and processing the matter) up to actual costs.
If a payment is returned, then, for the purposes of calculating late charges or events of default, it will be as if returned payment had never been made.
The $35 fee is in addition to the original amount owed.
We will reprocess payment for the amount due as per the terms of this agreement.
Additionally, finance charges up to legal maximum may accrue on the account. Attorney fees, collection fees, and other reasonable costs may continue to accrue until payment is received.
Payment can be made by check or online bill payment to West County Landscaping and mailed to 224 Benton St. Valley Park, MO 63088, or by credit card.
For the safety of our staff, we are unable to accept cash payment.
A service fee up to 3.5% may be assessed on any credit card transaction, at the sole discretion of the Contractor.
Any credit card information provided to the Contractor will be securely stored by a third party processor. The Contractor meets the Payment Card Industry Data Security Standard and assumes no liability for breaches in security.

Renewals & Rate Adjustments

For Your convenience Your Agreement will automatically renew annually on February 1st unless either party provides notice to the other of its intent to terminate as outlined in the Termination section.
All rates may be subject to an automatic annual rate increase of up to the greater of 5%, or the annual inflation rate for the prior calendar year, effective February 1st of each year, without notice. Prices are subject to additional changes with notice.

Warranty

Landscape plants larger than 1 gallon pot size, acquired and installed by the Contractor, have a 1 year single replacement warranty when property is subscribed to our Landscape Stewardship program. This warranty guarantees the plants will be alive one year from the date of install. Ultimately, it is the responsibility of the Client to perform all maintenance including but not limited to pruning, watering, weeding, and pest management.
Turf grass sod has a 12 hour warranty. Sod is guaranteed to be alive at the time of installation and for 12 hours following. It is the responsibility of the property owner to provide proper irrigation and pest management.
Hardscape features have a 5 year warranty covering the repair costs for any excessive bowing or settling that compromises the stability of the structure resulting in errors or omissions in the construction process.
Except as expressly stated in these Terms and Conditions, West County Landscaping makes no other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.

Termination

Either party may terminate this agreement, by written notice to the other, with at least 30 calendar days notice.
If Client terminates the agreement the Contractor reserves the right to recover from the Client costs for services provided and costs incurred for services not yet provided prior to the termination date.
Termination of the agreement shall not affect the obligation of Client to pay Contractor all amounts owing or to become owing as a result of services delivered, in part or in full, on or before the date of such termination.
West County Landscaping LLC reserves the right to refuse any contract received.

Privacy Policy

We do not share Your information except as necessary to provide, improve, and administer our services, and to comply with the law.
We use cookies and other systems to monitor how You interact with our online services in order to provide You with relevant marketing and well as to improve Your online experience.

Dispute Resolution

West County Landscaping values its relationship with its Clients and is committed to resolving any concerns or disputes amicably.
If the Client is dissatisfied with the fees charged or the services performed, they are encouraged to contact West County Landscaping immediately.
Specifically, any disagreements regarding the amount of fees or services billed should be brought to West County Landscaping’s attention within thirty (30) days of the invoice date.
The parties agree to attempt to resolve any disputes arising under or in connection with this Agreement through good-faith negotiation. If a dispute arises, the parties shall first attempt to resolve it promptly through direct discussions between their designated representatives.
If the dispute cannot be resolved through such discussions within thirty (30) days of written notice of the dispute, either party may then pursue other available legal remedies.

Entire Agreement

These Terms and Conditions, together with the accepted proposal (the “Proposal”), constitute the entire agreement between West County Landscaping LLC (the “Contractor”) and the Client identified in the Proposal (the “Client”) concerning the services described in the Proposal (the “Services”). These Terms and Conditions supersede all prior or contemporaneous communications, whether written or oral, relating to the subject matter hereof. In the event of any conflict between these Terms and Conditions and the Proposal, the terms of the Proposal shall govern.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its principles of conflicts of law. The parties agree that any legal action or proceeding arising under or in connection with this Agreement shall be brought exclusively in the state or federal courts located in St. Louis County, Missouri, and the parties hereby consent to the personal jurisdiction of such courts.

Severability

This agreement is severable. If any provisions of this agreement are found to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement

Notice in compliance with 429.012 RSMo.

NOTICE TO OWNER

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.

Archived versions:

WCL Terms and Conditions Last Updated 05.07.2024

WCL Terms and Conditions Last Updated 02.15.2024

https://westcountylandscaping.com/wcl-terms-conditions-effective-3-16-2023

https://westcountylandscaping.com/terms-effective-01-15-23