LEGAL NOTICE: These terms govern all commercial service proposals and active maintenance contracts unless superseded by a specifically signed Master Service Agreement. By accepting a quote or allowing work to commence, Client agrees to these terms.

1. SCOPE OF SERVICES

Keller Commercial & Home Services ("Contractor") agrees to furnish all labor, materials, and equipment necessary to perform the landscape maintenance services described in the Proposal/Quote accepted by the Client. All work shall be performed in a professional, workmanlike manner in accordance with standard industry practices.

2. TERM AND TERMINATION

Rights to Cure: In the event Client believes Contractor has failed to perform under this Agreement, Client must provide written notice specifically identifying the deficiency. Contractor shall have thirty (30) days from receipt of such notice to cure the deficiency. Client may not terminate this Agreement for cause unless Contractor fails to cure the deficiency within this 30-day period.

Either party may terminate a month-to-month agreement with thirty (30) days prior written notice.

3. PAYMENT TERMS

Invoices are due upon receipt unless otherwise specified. Past due amounts shall accrue interest at the lesser of 1.5% per month or the maximum rate allowed by Texas law. Contractor reserves the right to suspend services for accounts more than 30 days past due. Client agrees to pay all collection costs, including reasonable attorney's fees, incurred by Contractor in collecting past due amounts.

4. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, CLIENT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CONTRACTOR, ITS OWNERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CLIENT, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL CONTRACTOR BE LIABLE TO CLIENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE OR LOSS OF PROFITS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. CONTRACTOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO CONTRACTOR FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

6. FORCE MAJEURE

Contractor shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to: acts of God, extreme weather conditions (drought, flood, freeze), war, acts of terrorism, riot, embargoes, acts of civil or military authorities, fire, Material shortages, or labor strikes.

7. WARRANTIES

Contractor warrants that all plant material supplied by Contractor will be sound, healthy, and vigorous at the time of planting.

Plant Warranty: Trees and shrubs planted by Contractor are warranted for ninety (90) days, provided proper irrigation and care are maintained by Client.
Exclusions:This warranty does not cover loss due to "Acts of God," extreme weather (freeze/drought), theft, vandalism, or lack of water supply not caused by Contractor.

8. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the State of Texas. Any dispute arising under this Agreement shall be resolved through binding arbitration in Tarrant County, Texas, in accordance with the rules of the American Arbitration Association.

CLIENT WAIVES ANY RIGHTS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT (DTPA), SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS.

Commercial Service Agreement