Please read below

  1. The contract documents shall contain, the estimate, the specification plans and any other document referred to in the estimate. No qualification in any acceptance issued by the client shall form part of the contract unless specifically agreed to in writing by the contractor.

  2. Only the items on the estimate specification are included, but all works are due for payment. All other requested works are excluded.

  3. The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.

  4. Access to Project Site

    1. The client shall provide access to site during, Kentucky Twist Creations & Services, LLC normal working hours and storage space for materials during the contract progress.

    2. The client undertakes at all times to give access to the property, to the contractor to carry out the contract. Interference or obstruction from other contractors employed by the client may cause delays and/or damage, for which we shall not take responsibility. Costs of any such delays will be for the clients account.  

  5. Plant Materials

    1. We are not able to accept responsibility for the well-being and maintenance of living plant material, including turf, following practical substantial completion unless a maintenance contract is in existence.

    2. If necessary we reserve the right to substitute any plant with another of equal value and growth/habitat/color in accordance with the specification.

    3. After practical substantial completion, we are not able to accept responsibility for any damage through the elements, including drought, winds, rain and frost to any material(s) including plants.

    4. Upon practical substantial completion the responsibility for the care and watering of all plants, lawns, etc., is handed over to the client and will require regular attention until established.

    5. Severe weather conditions, including drought, may cause the delay of the start date of the contract.

    6. Delays caused by other companies on site may cause work to be rescheduled and charges may be made in certain circumstances.

    7. All materials on site remain the property of Kentucky Twist Creations & Services, LLC until payment is received in full.

    8. Maintenance is not included in the contract unless specified.

    9. Mature Trees and plants: Kentucky Twist Creations & Services, LLC will quote on large trees ex ground (i.e. mature trees) if the client requires this. The client must be aware that there is a higher risk of these larger trees dying and the contract of purchase shall be directly between the supplier of the said large trees ex ground and the client with ‘Kentucky Twist Creations & Services, LLC’ facilitating. Any guarantees shall be provided between the client and the supplier. 

    10. Our plant materials are installed using the ‘Right Plant/Right Place’ Method; Warranties are available for additional costs for up to one year from the date of installation. Following these exceptions :

      1. We guarantee all trees and shrubs (woody ornamentals) (except annuals and perennials) installed by us for one year with proper watering and maintenance.  It is the responsibility of the customer to water newly planted trees and shrubs.  Failure to water invalidates any and all warranties and/or guarantees.  We shall reserve the right and the customer shall grant us access to their property to periodically inspect and maintain records of planted materials installed by us.

      2. We do not guarantee plant health, lawn renovation, sod installation, decline due to general neglect, acts of God, chemical damage, insect damage, fungus, rodent damage, overwatering, under watering, and/or any situation determined to be out of our control, etc.

      3. Although we take exceptional care in transplanting existing plant material, we cannot guarantee transplanted plant and/or tree material.

      4. We do not guarantee existing tree health if plant material is designated to be planted at or near tree roots per the customer’s request.

      5. We do not guarantee transplanted material.

    11. If water is available at the customer’s property, we will water all plant material immediately after installation and proper watering instructions will be provided to the customer following installation.

    12. We reserve the right to substitute plant materials.

    13. Because many things can cause a plant or shrub to die, there are no guarantees on plants or shrubs of any kind. If you’d prefer to purchase your own plants, and work with a desired retailer, we can provide the labor for installation.  Transplanted plants from the site have no guarantee, though every precaution will be made to assure their survival.

    14. The contractor accepts no liability for the health of existing plants to be moved during the contract.

    15. The contractor guarantees that grass seed supplied has been tested within current EC regulations. It should be understood that a sward cannot be made in one season and seed cannot be eradicated when the contractor undertakes to cultivate land. The contractor cannot therefore take responsibility for re-growth.

    16. The risk of loss or damage to plants and materials shall pass to the client from the time of delivery and the contractor shall not be responsible beyond this point. For example any damage to plants by hail, theft or other natural forces out of ‘Kentucky Twist Creations & Services, LLC’ control will be for the clients account. 

    17. Defects: In the case of plants or products being defective, the client shall within 30 days after completion, report this to the contractor in writing. Every Endeavour shall be made to replace the defective plants/products, with the same or similar. Such obligation on the contractor is subject to the client having carried out the correct care and maintenance. Any replacements of plants or products after the 30 day period will be for the clients account.

  6. Underground Risk: Kentucky Twist Creations & Services will call 811, to have all underground lines marked. The following are exceptions that Kentucky Twist Creations & Services, LLC are not held liable for:

    1. The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground the contractor shall be entitled to charge for additional work necessary and properly executed by the contractor to complete the work.

      Unless a site plan is given to the contractor stating clearly where all pipes, cables etc. are situated, no responsibility shall be held by the contractor.

    2. Any damage arising shall therefore be for the clients account. However we shall Endeavour to avoid this situation from occurring. Should underlying rock or building rubble be found after quotation, the contractor will re-evaluate the situation and calculate the cost of implications. This shall be for the clients account, over and above the original quote. 

    3. Kentucky Twist Creations & Services, LLC is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.

  7. Materials on-site

    1. Materials delivered to site become the responsibility of the client. The contractor accepts no responsibility for loss damage or expense after delivery of materials to site for any reason.

    2. Any material brought to, or removed from the site, excess to the contractor's requirements remains the possession of and removable by the contractor who shall have the right to enter the site for that purpose.

  8. Maintenance after completion: The contractor undertakes to execute the scope of this contract. The proper maintenance of the site however passes to the client upon practical completion, unless otherwise agreed in writing. Practical completion is deemed to take place as specified by the contractor.

  9. Acting agents: The contractor has no responsibility, or liability for structural considerations, appearance of finish features, or overall management of works where an outside party has provided advice, drawings, or supervision, unless agreed in writing prior to start of contract. It is the responsibility of the agent to bring these terms of business to the attention of the client.

  10. Warranties: The contractor guarantees plants and trees supplied will be inherently healthy when planted. Responsibility cannot be accepted for loss after practical completion since subsequent site conditions are beyond the contractor’s control.

  11. The contractor shall be free from any liabilities (including structural or accidental) when using machinery, except for accidents caused by its improper use.

  12. The contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall the contractor incur any liability to the client for any untimely performance.

  13. The contractor accepts no liability for any negligent act, omission, or any default under this contract, unless specifically agreed in writing.

  14. Any structural or appearance of finished features is at the discretion of the contractor, unless agreed in writing by the client or agent prior to the start of works. Where a written specification for the appearance of a feature is provided to the contractor, it is the responsibility of the client or agent to request a small sample of this finished works prior to the start of that specific feature. The contractor is not liable for any works necessary as a consequence of such an omission. This applies to both client and agent.

  15. Irrigation: On all irrigation systems the owner is responsible for the water source. If the water pressure is determined to be inadequate and a booster pump is required, an additional cost will be incurred. The electrical source will be the owner’s responsibility. Top Choice will guarantee work under normal conditions. The company or its representative will adjust heads, set control box, and review system with owner one time. If requested to make a second separate trip to review the irrigation system, the owner will incur additional charges. If another party installs under pavement sleeves for the lines, said contractor or the owner will be responsible for locating the sleeves before Top Choice proceeds. If Top Choice is required to locate sleeves or provide new sleeves, an additional labor and equipment charge will be incurred.

  16. Water Features: The pumps, liners, and accessories are supplied subject to the manufactures guarantee. 

  17. Structural Construction: Any structural construction by ‘Kentucky Twist Creations & Services, LLC’, for example retaining walls, paving, ponds and fencing will have a manufactures warranty. This will cover any defects but will not cover any third party damage, accidental damage or act of God.

  18. Drainage: All drainage products are covered under manufactures warranty; furthermore, any additional work required during the course of the project for drainage purposes will be for the clients account. 

  19. Electrical Work: Light fittings are supplied with their associated manufacturers guarantee. If a light fitting becomes faulty within this period a replacement light (of the same value) will be re-installed free of charge. However, a labor charge will apply for re-fitting any light where there has been no installation error and is simply a result of a manufacturing issue. A 12 month guarantee is supplied on all electrical installation work carried out in conjunction with the landscaping project to ensure a full year’s weather cycle has passed for all connections. Any replacements or repairs thereafter will be for the client’s accounts. This includes the replacement of bulbs and consumables. 

  20. The property owner is responsible for the electrical source for the holiday lighting system. Damage to the property or holiday lights caused by faulty GFCIs, bad breakers, or other unforeseen problem in the existing electrical system are the sole responsibility of the property owner.

  21. Materials: Kentucky Twist Creations & Services, LLC will provide pictures or samples to the client for paving to be used. The client’s agreement to the use of these products will be required before we install. Costs relating to any changes thereafter will be for the clients account. The ownership of the goods shall remain vested in the contractor until the goods have been paid for in full where upon ownership and liability will be passed over to the client. 

  22. New Housing developments /Building Sites: It is the responsibility of the developer to clear the sites prior to project installation. However, should the client wish to have 'Kentucky Twist Creations & Services, LLC’ clear the site this will be quoted for. Any costs incurred by ‘Kentucky Twist Creations & Services, LLC’ as a result of the developer will be for the clients account. This includes but is not limited to: rubble removal, delays, damage to plants or products, and any other additional cost incurred by ‘Kentucky Twist Creations & Services, LLC’. We generally recommend that the project commences when the builders have completed and are off site.


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