Our Service Terms and Policies
Thank you for choosing North Shore Waterscapes for your water gardening needs. In order to schedule your service, we must receive a completed and signed Service Agreement for the current water gardening season. Upon signing our Service Agreement, please be advised you are agreeing to the following service terms and policies:
· PARTIES AND TERM OF SERVICE The Service Agreement shall be established between North Shore Waterscapes LLC. (“NORTH SHORE WATERSCAPES”) and the client (“CLIENT”) upon endorsement through the calendar season of issue.
· CLIENT PRE-VISIT RESPONISIBILITIES Prior to ALL services, the CLIENT is responsible for the following pre-visit responsibilities:
i. Access to the property and the water garden area (“WORKING AREA”) during normal business hours must be clear and unobstructed.
ii. Availability of at least one (1) active water faucet with an ample and reliable water supply within 50’ of the WORKING AREA.
iii. Availability of at least one (1) 15A working GFCI-protected outlet within 50’ of the WORKING AREA.
iv. Access to the WORKING AREA during the time of service is limited to NORTH SHORE WATERSCAPES technicians. Pets and small children must be restrained away from the WORKING AREA.
v. Safety obstructions within or surrounding the WORKING AREA including but not limited to pet waste, venomous insects and/or their nests, poison ivy, etc. must be addressed BEFORE arrival.
*** IF UPON ARRIVAL WE ARE UNABLE TO PROVIDE THE SERVICES AGREED UPON DUE TO ANY OF THESE RESPONSIBILITIES BEING UNFULFILLED, YOUR WATER GARDEN WILL NOT BE SERVICED. A $195.00 SERVICE CHARGE WILL BE APPLIED TO YOUR ACCOUNT, AND WE WILL RESCHEDULE THE SERVICE TO A LATER DATE FOLLOWING THE FULFILLMENT OF THESE RESPONSIBILITIES ***
· CANCELLATION POLICY This agreement shall be valid through the indicated term of service unless NORTH SHORE WATERSCAPES are notified of termination of service in writing. If custom service plans or service selection(s) are terminated by the CLIENT, notice must be provided in writing a minimum of 60 days in advance or a cancellation fee of $195.00 will be assessed to release the CLIENT from the agreement. This service agreement may be revoked and terminated by NORTH SHORE WATERSCAPES without notice if the terms and conditions herein are not met by the CLIENT.
· SERVICE ESTIMATES Estimated service dates and costs provided in the Service Agreement are based upon the average conditions of the CLIENT’S water garden and are subject to variance. Excessively adverse conditions including but not limited to excess algae and/or organic waste, overgrown aquatic plants, compromised rockwork which may require adjusting, or discolored water may affect final service cost.
· DEPOSITS AND PRE-PAYMENTS Deposits may be required to secure scheduling space for membership programs and services where indicated. All deposits are non-refundable unless cancellations are made in accordance with the CANCELLATION POLICIES or if NORTH SHORE WATERSCAPES are unable to fulfill the scope of work due to unforeseen factors beyond control.
· SCHEDULING Services are scheduled in order of service plan and geographic route to keep service costs as low as possible. A travel time charge of $95.00 per technician hour from NORTH SHORE WATERSCAPES’ Rowley, MA base will apply in addition to the service fee if CLIENT requires date or time-specific scheduling. NORTH SHORE WATERSCAPES will provide firm scheduling notice to the CLIENT up to one (1) week prior to all scheduled Spring Pond Cleaning, Fall Netting, or Water Garden Winterization services.
· AD-HOC SERVICES Any additional services or repairs in excess of agreement, which may be required (“AD-HOC SERVICES”), shall be provided at a rate of $95.00 per technician hour plus travel time from our Rowley, MA base, and any materials used. Any AD-HOC SERVICES required during a regularly scheduled service whose estimated cost is less than or equal to $95.00, may be performed without CLIENT’S explicit authorization. AD-HOC SERVICES estimated in excess of this minimum will require written authorization from the CLIENT prior to scheduling. A $175.00 minimum service charge will apply for all service visits specific to AD-HOC SERVICES unless otherwise indicated.
· REPLACEMENT PARTS AND MATERIAL SUPPLIES Any replacement parts or supplies requested or required as part of service entail a materials charge in addition to the service fee unless specifically excluded. Service vehicles are stocked with a comprehensive supply of common parts and supplies, however; this supply is not guaranteed to be exhaustive. If a replacement part or supplies are required and are stocked at the time of service, they will be provided/installed at no additional labor charge (unless AD-HOC SERVICES are required for their installation). Specialty parts, special-ordered items, or any other part/good not in stock on the service vehicle at the time of service will require an additional service fee to return and deliver/install.
· UNFORSEEN REPAIRS In the event that any damage or other issue is uncovered during a normally scheduled service and immediate repair or change of work scope is required to complete the service, the CLIENT will be required to accept a work change-order before the repair and normally scheduled service may commence. All repairs will be billed as an AD-HOC SERVICE unless estimated on a per-project basis.
· EQUIPMENT ACCESSIBILITY Any water garden-related equipment including but not limited to pumps, filters, aeration equipment, de-icers, or any other equipment stored by the CLIENT and required for installation at the time of service must be made easily accessible within the WORKING AREA.
· FISH AND AQUATIC LIFE The safety of the CLIENT’S fish and other aquatic life is paramount when servicing the water garden. NORTH SHORE WATERSCAPES has many years of experience caring for and handling aquatic life; however, makes no claim or guarantee on their health during or after a service. NORTH SHORE WATERSCAPES assumes no responsibility and shall not be held liable for loss or degradation of aquatic life.
· BARE LINER PONDS In order to preserve liner integrity and the established biofilm, all washing of unprotected (exposed) bare liner membrane ponds during Spring Pond Cleaning services is limited to light pressure cleaning unless otherwise requested. NORTH SHORE WATERSCAPES shall not assume liability for any issues resulting from NORTH SHORE WATERSCAPES power washing the liner membrane at the CLIENT’s direction.
· WATER GARDEN REFILLING Water gardens drained as part of a service (example: Spring Pond Cleaning) are refilled enough to safely re-introduce aquatic life. The CLIENT is responsible for completing the refilling process and starting their pump and filtration units unless prior arrangements have been made. NORTH SHORE WATERSCAPES estimates labor costs based upon this understanding to help keep service prices as low as possible. Any refilling services shall incur an additional service charge of $95.00 per technician hour including all time spent on-site and traveling from and returning to the site as necessary following completion of the normal service.
· WASTE DISPOSAL Spring Pond Cleanings and other various seasonal maintenance services generate solids waste (leaves, trimmings, sludge, etc.) which must be disposed of. Removal and disposal of one (1) 17”x19” basket of solids waste is included in the estimated service cost. Additional waste shall be hauled off-site and disposed of for an additional charge of $15.00 per basket unless an on-site disposal spot is designated in advance.
· RECURRING MAINTENANCE SERVICES Scheduling for recurring maintenance services is based upon location and route. Installments generally fall on the same day of the week through the calendar season; however, the actual date of service is subject to vary based on NORTH SHORE WATERSCAPES’ schedule. Due to the nature of recurring maintenance services, scheduling notice will not be provided to the CLIENT in advance of each regular installment. By enrolling in a recurring maintenance program, the CLIENT is consenting to receive and be billed for recurring service installments at the indicated frequency beginning in May and continuing through the end of October or the Water Garden Winterization (whichever occurs first). The CLIENT may request to forgo service installments included in their service plan; however, any installments forgone at the direction of the CLIENT will not result in NORTH SHORE WATERSCAPES waiving or reducing the service billing for the relative period.
· FALL NETTING SERVICES Fall Netting Services and Water Garden Winterization services cannot be performed concurrently and must be booked as separate services. All materials incorporated in the installation of Deluxe Netting Services are furnished on a rental basis and remain property of NORTH SHORE WATERSCAPES. All materials incorporated in the installation of Standard Netting Services are furnished on a purchase basis and will entail a materials charge in addition to the provided service estimate. NORTH SHORE WATERSCAPES reserves the right to pre-approve all CLIENT-furnished netting materials (new or used) to be incorporated in the installation of Standard Netting Services and the right to refuse installation of CLIENT-furnished netting materials which are not all-season grade or are in poor condition. In the event a netting support pole rental is necessary to effectively install a Standard Netting Service, the CLIENT will be required to switch enrollment to Deluxe Netting Services unless purchase of a support pole is selected.
· LEAKS NORTH SHORE WATERSCAPES are committed to practicing safe servicing habits that will not compromise the water garden liner. Spring Pond Cleanings and other services may potentially flush out existing sludge and waste-plugged seals, rips, holes, or other compromised areas of the liner that did not previously exhibit leakage. Due to this issue, particularly in older water gardens, NORTH SHORE WATERSCAPES absolutely cannot guarantee against or be held liable for any leakage issues that cannot directly be correlated to negligence on the part of the service.
· LEAK DIAGNOSIS The comprehensive diagnosis of a suspected leak can be a very involved and time-consuming process which is not covered under any services or plans within this agreement. All leak-related services require a leak diagnosis appointment. A $250.00 minimum service charge will apply for all leak detection service visits provided.
· ISSUES SURROUNDING SERVICE Any issues surrounding services provided must be reported by the CLIENT within 72 hours of service. Following this period, a service charge will apply to return and correct the issue.
· GENERAL LIABILITY NORTH SHORE WATERSCAPES do not assume responsibility for any damage which may occur to the CLIENT’S property during the visit or any issues or problems that cannot directly be correlated to negligence on the part of the service.
· MODIFICATION OF TERMS AND POLICIES NORTH SHORE WATERSCAPES reserves the right to modify the terms and policies of the Service Agreement at any time, with or without notice, effective upon publication of an undated version on the ‘Service Terms and Policies” Section of northshorewaterscapes.com. The CLIENT assumes responsibility for regularly checking the last updated date posted at the footer of the ‘Service Terms and Policies’ section to ensure they are familiar with the most updated terms and policies. Continued use of the Service Agreement after any such changes shall constitute the CLIENT’S consent of the modified terms and policies.
Payment Policies
· PAYMENT METHODS Payment methods accepted include cash and check remitted to our office, or ACH (bank transfer) payments through electronic invoicing.
· PAYMENT WITHIN TERM Receipt of payment is due by the due date indicated on the respective invoice. All overdue balances are subject to incur a 1.5/18% APR interest charge assessed monthly.
· HOLD OF SERVICE FOR DELINQUENT ACCOUNTS A hold of services shall be applied to accounts with balances thirty (30) days or more past due until the account balance is brought current. Any additional work required to restore a water garden back to standard following a hold of services shall entail an additional service charge.
· JURISTICTION VENUE Upon default, at ninety (90) days past-due, balance is subject to collections. The account holder (CLIENT) is further subject to court process in the Newburyport District Court and all court costs, attorney’s fees, and any additional associated recovery costs.
· ACCOUNTS CARRYING PAST-DUE BALANCES Payments made on accounts carrying past due balances will be applied to past due obligations before being applied to open balances.
· RETURNED PAYMENTS Any payment returned by the financial institution it was drawn from is subject to an NSF fee of $25.00.
· RETURN POLICY Returns on materials purchased within the past thirty (30) days will be granted only if the return is made in the same unopened/sealed condition it was purchased in and is accompanied by a sales receipt. A 20% restocking fee will apply for all special-order product returns. Faulty products will be covered under the manufacturer’s warranty; visits to exchange failed products will result in a service call charge. Refunds will be made in the form of account credit. All sales of UV goods and custom-cut products (liners, underlay, tubing, etc.) are final and ineligible for return under any circumstance.
Estimate Policy
Estimates of service dates and costs for maintenance services are based upon average conditions of your water garden and are subject to variance. Adverse conditions including but not limited to excess algae and/or organic waste, overgrown aquatic plants or discolored water may affect service cost.
An written estimate must be processed and approved for all installation projects we complete. Construction, renovation, repair, and other installation services and projects are ineligible for an electronic estimate.
Electronic estimates are cost and obligation free, however do not include a physical visit to your property as part of the estimate process. In lieu, you submit pictures and/or supporting information electronically to us. Electronic estimates are considered ‘general’ cost representations; the actual service cost is subject to variance if the submitted supporting information is not consistent with or is not an accurate representation of the scope of work. Additional variances in the cost may exist if additional time or resources are required.
Written estimates include an in-house consultation where we will collect measurements, specifications, personal preferences and input, as well as any other necessary information pertaining to your project. Using this information, a detailed estimate is developed to outline the project’s required resources and estimated costs. While the estimated cost from a written estimate is considered to be more accurate representation than an electronic estimate, the actual service cost is still subject to variance based upon any additional time or resources required in addition to any additional issues uncovered during the service or project which require addressing. The cost of a written estimate begins at $195.00, however, this fee is credited towards your construction or repair service or project should you elect to employ our services.
Estimates are only valid for a period of thirty (30) days after issue. All estimates not acted on after this time are automatically withdrawn and will require re-evaluation for future use. We reserve the right to withdraw from any estimate at any time based upon factors beyond our control such as changes in the market, the needs of and availability in our schedule, etc.
Terms and Policies Last Updated: 02/20/2024