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Interiorscaping
& Plant Leasing – Houston, TX
Our clients also enjoy the extra benefits of visiting our
Greenhouse and purchasing plants and containers at wholesale prices.
Interior Foliage Purchase and
Guaranteed Maintenance Agreement
Interior Plant Leasing and
Maintenance Agreement
INTERIOR FOLIAGE PURCHASE AND GUARANTEED MAINTENANCE AGREEMENT
Thank you for choosing our services. We recommend our program as the most practical and economical way to obtain and maintain beautiful indoor plants. The following services are performed under our purchase and guaranteed maintenance program.
1. ___________________________
hereinafter called CLIENT, will pay to TOUCH OF GREEN $__________ plus tax of
$__________ for a total of $______________ for the purchase of plants and
containers as per attached inventory sheet.
This agreement will include a $____________ * per month charge for
GUARANTEED weekly maintenance of interior foliage plants.
*The length
of this agreement is to be for one year and shall be automatically renewed for
subsequent twelve month periods thereafter unless terminated by a thirty day
written notice be either party, at the end of any contract period.
2. The
CLIENT will pay to TOUCH OF GREEN $____________ for a one-time charge for
design, preparation and installation.
3. TOUCH
OF GREEN agrees to water, prune, clean, fertilize, maintain planter, and
control insects and plant disease on the described foliage on a weekly basis.
4. 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:
i.
Watering or other well-meaning care by other than TOUCH
OF GREEN’s personnel.
ii.
Adverse environmental conditions at location (below 50°
or above 90°.)
iii.
Movement of foliage resulting in insufficient or
excessive light.
iv.
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.
v.
Vandalism, fire, theft, force majuere or acts of God.
vi.
Conditions or circumstances brought about by persons or
forces beyond the control of TOUCH OF GREEN.
5. TOUCH
OF GREEN carries full liability insurance and workmen’s compensation and will
provide a certificate of insurance when required.
6. TOUCH
OF GREEN reserves the right to renegotiate annually our maintenance charges to
reflect recognized and significant changes, if any, in operating costs. If payment for the installation of plants
and containers is delayed more than thirty (30) days, and in our judgment
payment will not be forthcoming, the CLIENT agrees to that we have the right to
enter his premises to recover all the plants and containers.
7. Payments
for maintenance services are billed monthly or quarterly in advance. Payment for purchased plants, delivery and
installation is due upon installation.
The CLIENT agrees to pay TOUCH OF GREEN the amount that is due and owing
under the terms of this contract within fifteen (15) days of the billing
date. A payment not postmarked by the
next billing due date will incur service and finance charges at the rate
allowed by law.
8. If
it is necessary for TOUCH OF GREEN to place with an attorney for the purpose of
collecting any amount of principal and interest past due and owing under the
contract, the CLIENT promises to pay an additional sum representing damages,
costs, and attorney fees.
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.
INTERIOR PLANT LEASING AND MAINTENANCE AGREEMENT
TOUCH OF GREEN and the
undersigned, hereinafter called Lessee, hereby agree to the following terms and
conditions for the leasing and maintenance of the attached described foliage
plants and containers.
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 weekly 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:
i. Watering
or other well-meaning care by other than TOUCH OF GREEN’s personnel.
ii. Adverse environmental conditions at
location (below 50° or above 90°.)
iii. Movement of foliage resulting in
insufficient or excessive light.
iv.
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.
v.
Vandalism, fire, theft, force majuere or acts of God.
vi.
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 it’s services and
payment is to be made on twelve equal and consecutive monthly payment of
$______________, beginning on _______________, 20____ and ending on ___________________, 20_____. The installation charge of $______________
and last month’s payment is due upon delivery.
Subsequent payments are due no later than the 15th day of
each month. A payment not postmarked
by the next billing due date will incur service and finance charges at the rate
allowed by law.
5. The
length of this agreement is to for one year (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 be either party, at
the end of any contract period.
6. The
foliage and containers which are the subject of this agreement is 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.
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TOUCH OF GREEN
6747 Signat
Drive
Houston, TX 77041
713-861-6918 Fax: 713-466-7335
