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5819343 Manitoba Ltd, dba Weed Man Brandon/Winnipeg ("Weed Man") agrees to provide lawn care services ("Services") for the property/properties ("Property") owned or managed by you, the customer, according to the following terms: Term and Termination Your contract with Weed Man begins when you submit your order for Services. Orders may be placed electronically through our website or customer portal, or by telephone, email, or mail. After placing your order, you will receive an order confirmation by email or mail for your records. Prepayment or deposits are not required for confirmation or scheduling purposes. By ordering Services, you agree to the terms of this Agreement. Unless otherwise specified, either party may end this Agreement in the event the other party is in default of any of the terms of this Agreement, including but not limited to failure to pay for services under the provisions of Section 7, Payment. If the Agreement is ended, Weed Man will refund all monies paid for services not yet delivered. Delivery of Services Weed Man promises to work with you to ensure a healthy, beautiful lawn. Services will be delivered to maximize their effectiveness and take into consideration factors such as agronomics, growing conditions, weather, pest life cycles, and scheduling of Service delivery to your area. This promise is based on the understanding that lawns consist of living plants that take time to grow and improve. You acknowledge that the effectiveness of the Services depends on many factors, including your watering and mowing habits and weather conditions. Weed Man cannot specify an exact time of Service due to uncontrollable conditions such as weather and traffic. We reserve the right to change the scheduled date without notice. Limited Guarantee Weed Man guarantees that it will deliver the Services to you in a good and workmanlike manner. Weed Man also guarantees that you will be satisfied with the health and appearance of your lawn, provided that you follow all recommendations by Weed Man representatives and carry out proper lawn maintenance practices, such as mowing and watering. If you are not satisfied with your lawn or the Services that Weed Man has provided, we will respond to your concerns and attempt to resolve the issue within two business days of contacting our office. If Weed Man determines that it failed to deliver any application that forms part of the Services in a good and workmanlike manner, Weed Man will repeat the application at no charge. Subject to Section 4, Limitation of Liability, if Weed Man damages any part of the Property in providing the Services, Weed Man will repair the damage at no charge. Failure to notify Weed Man of any issues or damage in a timely manner or failure to give Weed Man the opportunity to reapply the Services or repair the damages voids this guarantee. If, in Weed Man's opinion, you have failed to follow its recommendations for treatments required for your lawn and/or proper maintenance practices, this guarantee is void. Weed Man will not be held liable for any bodily injury, indirect, consequential, or punitive damages to you or any other person caused by any act or omission of Weed Man or its employees, contractors, or agents. Limitation of Liability Cables, wires, and irrigation. Weed Man is not responsible for damage to unsecured cables, wires, irrigation pipes or heads, lines, etc., not installed deeper than three inches below ground level. Overseeding. Weed Man chooses only the best grass seed mixtures blended, especially for our climate, to provide you with the best results. It is specially selected to have the following: More vigorous growth characteristics Deeper, greener color Better drought resistance Denser growth Increased germination Weed Man uses a special machine called a slit seeder that slices shallow vertical rows into the soil. It drops the grass seed into these rows, ensuring excellent seed-to-soil contact and optimizing seed germination. Seed is applied at the proper rate to help thicken your lawn and fill bare spots. You are responsible for ensuring the seedbed receives adequate moisture and proper care per our instructions. Failure to follow these instructions will void the limited guarantee described in Section 3. Due to the nature of seed growth and the care required by you, we cannot guarantee the success of overseeding, but we are willing to provide the help and advice needed to ensure the best results. Overseeding is not a lawn repair service. However, Weed Man can help repair excessively thin and patchy lawns with its Lawn Renovation services. Pesticides. Weed Man employees are licensed and trained in pesticide use, handling, and application. We only use pesticide products federally approved by Health Canada for safe use and are permitted by provincial and municipal laws. We follow prescribed methods for mixing and use found on the label for all pesticides. Weed Man follows IPM, Integrated Pest Management, protocols, which involve following cultural and lawn care practices in partnership with the property owner that promote healthy turf to reduce or minimize pest populations. Pesticides are used sparingly and only when necessary to control pests. Complete elimination of pests is not guaranteed or desirable to promote a healthy lawn and ecosystem. Pesticide applications are not preventative, do not repair injured grass, and are subject to proper and timely care. Client Responsibility You are not required to be at home while Services are performed, but all treatment areas of the Property must be accessible for visits. All gates must be unlocked and all pets secured to ensure the safety of themselves and Weed Man representatives. Please ensure gates are unlocked so Weed Man representatives can access the backyard when included in the Property. Our representatives always do their best to close all backyard gates after work is performed. But it is your responsibility to check if all gates are appropriately closed before letting pets return to the yard. Weed Man will not be responsible if pets escape the yard after servicing the Property. Pricing Prices are in Canadian dollars and include GST. Programs are priced based on the total turfgrass area. Weed Man is only liable to treat the lawn area corresponding to the price. Weed Man reserves the right to change the pricing of Services. Invoicing Invoices are forwarded electronically by email following the completion of each application to help minimize our impact on the environment. Paper copies are available upon request and may be subject to a $3.00 administrative fee per invoice. If you notice a discrepancy in your billing, please notify us within five business days of the receipt of your invoice. Payment If you prepay for Services, payment is due by the date specified in writing by Weed Man or within seven days of ordering the Services if not specified. Weed Man reserves the right to cancel any prepayment discounts offered by Weed Man if you fail to pay by such date. If you do not prepay your Services, payment is due upon completion of each application. Weed Man may cancel the Agreement to provide Services if any invoice is not paid within 30 days. Weed Man reserves the right to charge back any applied discounts against the final Service ordered by you. Payment Options Prepay. Pay before the start of Services and take advantage of discount offers. Discounts are valid for pre-season payments, and prepayments will not be refunded. Credit will remain on your customer account. Monthly. Billed in equal monthly installments and applied to your credit card on file from April through September. Auto-pay. Payment is applied to your credit card on file as services are complete. Payment Methods Credit card. Visa, MasterCard, or American Express by telephone or through the Weed Man customer portal. Telephone or internet banking. Submit payment through your bank or credit union to Weed Man (Brandon/Winnipeg) using your customer account number. eTransfer. Send payment to brandon@weedmancanada.com or winnipeg@weedmancanada.com. Cheque. Payable to Weed Man at the following addresses Box 20155, Brandon, MB R7A 6Y8 Box 1711, Winnipeg, MB R3C 2Z6 Past due accounts Late fees accrue 2% per month (24% per annum) on any charges outstanding for more than 30 days. Services may be suspended on your Property when any of the following occur You have three or more unpaid services Your unpaid account balance is $500.00 or greater Your account is more than 75 days overdue If you need to make payments, please contact us as soon as possible. We may, at our discretion, accept partial payments or installments. Continuous Service Program Weed Man Services continue from one year to the next to ensure proper maintenance of your valuable landscape. We will send an order confirmation for the upcoming season based on the Services completed in the current year for you to review. If you need to make changes, contact our office by telephone or in writing, and we will update your Services accordingly. Preferred customer prepayment discounts are available as long as you remain a customer. You enjoy our convenient Service that builds on each year's progress and success to continue improving your lawn's health. Services are scheduled to start at the proper time each spring. You will receive prepayment reminder offers; however, we will proceed with treatments to ensure services are not interrupted, regardless of your billing preference. You can opt out anytime by speaking with a Weed Man representative before receiving Services. If you decide to cancel Services, you will only need to pay for the services you received up to the day Weed Man receives the request Change or Cancel Services Requests to change or cancel Services may be made anytime without penalty, verbally or in writing. Upon receipt of your request by Weed Man, your Services will end immediately. Your obligation is limited to the cost of Services performed until the time Weed Man receives your cancellation. Any outstanding invoice balances are due and payable at the time of cancellation. If your account is paid in full, a refund for all incomplete Services will be processed within five business days to the original payment method. Weed Man reserves the right to charge an administrative fee of $25.00 upon cancellation of Services.
