Terms & Conditions | Newell’s Evergreen Nursery

Included: Detailed list of services (e.g., spray/fertilizer application, irrigation start-up/winterization, maintenance, installation, pest management & miscellaneous services).
Exclusions: What’s not covered (e.g., specialized work, damage from vandalism, storm rehabilitation, or various items not in original scope of work).

Access: Ensure clear, unobstructed access to vehicles and equipment; keep gates unlocked.
Site Prep: Clear pet waste, define property lines, and notify neighbors if access on their property is needed to complete requested service.
Water: Provide adequate water for new plants/trees unless otherwise specified.
Underground Hazards: Inform Newell’s Evergreen Nursery of any buried pipes, cables, stumps, or drains; client warrants site is clear.

Costs: Total project cost/hourly rate + materials. This can be time-and-material or may also be quoted.
Deposit: No deposit required upfront unless otherwise specified.
Invoicing: After service is completed, invoice is to be paid-in-full within 30 days of receipt. If payment deadline is not met, a minimum of $5 late fee will be assessed or 5% of total outstanding invoice which will accrue month-over-month in perpetuity.
Late Fees: 5% late fee for payments past the due date (with a minimum charge of $5 late fee.)

Weather: Newell’s Evergreen Nursery is not liable for delays due to rain, extreme heat/cold, unsuitable soil conditions or other Acts of God.
Unforeseen Issues: Client agrees to pay for extra work not noted in the initial scope of estimate (e.g., removing rocks, unexpected obstacles, etc.)

Workmanship: Newell’s Evergreen Nursery assumes no responsibility for irrigation system issues inside or outside of the house/structure once a system has been started-up and system is evaluated as operating without issue. Newell’s Evergreen Nursery assumes no responsibility for irrigation systems that have been winterized and then tampered with post-winterization service. Newell’s Evergreen Nursery does not have a listed warranty program for any hardscape or lawn/irrigation installation project.
Plants: Newell’s Evergreen Nursery is not liable for vegetation loss caused from lack of water, pests, severe weather or Acts of God upon receipt of vegetation.
Materials: Client responsible for housing hardscaping materials used for landscaping projects.
Chemical Notification: Customer agrees to being electronically notified of chemical application upon enrollment in the spray/fertilizer, pest management or other services requiring regulated product application. Customer may request chemical records at any time.

Either party can terminate for breach (e.g., non-payment, non-performance, etc.) with written or verbal notice.

Client grants Newell’s Evergreen Nursery permission to photograph completed work for promotional use.