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Below is our Standard Contract
GUARANTEED LEASE MAINTAINANCE SERVICES
TERMS
AND CONDITIONS
1. TOUCH OF GREEN
agrees to deliver and install the interior plants and containers described in
EXHIBIT “A” and incorporated into this agreement by this reference on or about
the above delivery date.
2. TOUCH OF GREEN agrees
to water, prune, clean, fertilize, maintain planter, and control insects and
plant disease on the described foliage on a timely basis.
3. TOUCH OF GREEN agrees
to replace unhealthy and unsightly plants within a reasonable period of time
without charge except if foliage is damaged or lost due to any of the following
conditions:
a. Watering or other well-meaning care
by other than TOUCH OF GREEN’s personnel.
b. Adverse
environmental conditions at location (below 50° or above 90°.)
c. Movement
of foliage resulting in insufficient or excessive light.
d.
Use of any cleaning liquids, chemicals or gaseous producing agents,
such as ammonia, for cleaning, stripping, or painting, that introduces toxic gases into the surrounding
air in sufficient quantities to be harmful to the foliage or root system.
e. Vandalism, fire, theft, force
majeure or acts of God.
f. Conditions
or circumstances brought about by persons or forces beyond the control of TOUCH
OF GREEN.
4. Lessee agrees to pay TOUCH OF GREEN
$_______________ dollars for its services and payment is to be made in
twenty-four equal and consecutive monthly payments of $______________,
beginning on ______________, 20____ and ending on __________________,
20_____. The installation charge of
$______________ and first month’s payment is due upon delivery. Subsequent payments are due no later than the
15th day of each month.
5. The length of this
agreement is for two years (dates are described in paragraph 4 above) and shall
be automatically renewed for subsequent twelve month periods thereafter unless
terminated by a thirty day written notice by either party, at the end of any
contract period.
6. The foliage and
containers, which are the subject of this agreement, are the property of TOUCH
OF GREEN and Lessee is entitled to use and temporary possession only. Plants and containers are not subject to any
lien or pledge involving the Lessee.
TOUCH OF GREEN has the right to enter and remove all its property should
this agreement become delinquent (past due 30 days).
7. TOUCH OF GREEN
carries full liability insurance and workmen’s compensation and will provide a
certificate of insurance when required.
8. Lessee agrees to pay
TOUCH OF GREEN all reasonable attorney’s fees, for the enforcement of any
portion of this agreement, or the collection of monies due or owed by Lessee to
TOUCH OF GREEN, caused by Lessee’s breach of this agreement, whether suit is
filed or not.
9. If any provision of
this contract is held invalid, illegal, or unenforceable, the remaining
provisions will in no way be affected or impaired, and if possible any invalid,
illegal, or unenforceable provision will be limited to or interpreted to the
minimum extent necessary to cure its defect.
10. Lessee agrees not to employ the services of any employee of TOUCH
OF GREEN for the purpose of plant purchasing, leasing, rentals, or maintenance
for one year following date of employee termination or cancellation of
agreement.
TOUCH OF GREEN
6751 Signat Drive
Houston, TX 77041
email: touchofgreen@email.com
713-861-6918 Fax: 713-466-7335
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