Terms & Conditions

CUSTOMER’S DUTIES AND LIABILITIES
The Customer is solely responsible for providing a safe and appropriate delivery/unloading site. Tri-Town Landscape Materials, its employees, subcontractors, and agents are not liable for claims, injuries, damages, or economic losses resulting from inadequate delivery conditions. The Customer is financially responsible for all expenses or damages due to site inadequacy, including to delivery vehicles. On delivery day, the Contractor’s vehicle must have clear access. If blocked, the Customer will be notified and one additional delivery attempt will be made. Any further attempts will be billed as “extra delivery.” Tri-Town Landscape Materials is not liable for damage to lawns, driveways, curbs, trees, utilities, septic systems, irrigation systems, or other structures. The Customer releases Tri-Town Landscape Materials from all claims related to material delivery. All equipment provided remains the property of the Contractor and must be returned in good, clean condition. The customer is responsible for loss or damage beyond normal wear.

SUSPENSION AND TERMINATION FOR CAUSE
If, during the term of this Agreement, either party is in breach or default of any provision of this Agreement, the other party may suspend or terminate its performance hereunder until such delinquency or default has been corrected. However, no termination shall be effective unless the complaining party gives written notice of default to the other party, and such default is not cured within ten (10) days thereafter. If the default remains uncured for ten (10) days, the complaining party may terminate this Agreement by providing written notice, effective upon receipt.

TERM
This Agreement is a legally binding contract and shall extend for an initial term of three (3) years from the effective date, automatically renewing for successive three-year terms unless either party gives written notice of termination (via Certified Mail) at least sixty (60) days prior to the expiration of the initial or any renewal term. If the Customer discontinues this Agreement otherwise, the Customer shall pay liquidated damages equal to six months’ charges, based on the average of the latest six invoices or, if less than six months, the most recent monthly charge multiplied by six. This agreement includes all recyclable materials, non-scheduled, or on-call services with exclusive rights to the Contractor. If the Customer ceases operations or relocates beyond the Contractor’s service area, they may terminate this agreement with sixty (60) days’ written notice (Certified Mail), provided all outstanding balances are paid in full.

DEFINITION OF EQUIPMENT
“Equipment” refers to all containers, delivery vehicles, tanks, and other on-site devices used for storing or transporting materials as specified in this agreement.

INDEMNITY
This section survives the expiration or termination of this Agreement. The customer agrees to indemnify, defend, and hold harmless Tri-Town Landscape Materials against all claims, lawsuits, damages, and liabilities arising from the use of equipment or breach of any warranty.

RATE ADJUSTMENT
Due to fluctuations in delivery and fuel costs, Tri-Town Landscape Materials may adjust rates proportionately. The customer agrees to rate increases to reflect higher weights, fuel surcharges, or new taxes/fees. Other rate increases require Customer’s consent, which may be verbal, written, or demonstrated through actions.

CHARGES AND PAYMENTS
Customers must pay all material and delivery charges, including equipment maintenance, within ten (10) days of invoicing. Late payments may result in Agreement termination and equipment recovery. Late fees may apply. All bulk materials are non-returnable and non-refundable. Refused deliveries will incur haul rate charges, current fuel surcharges, and applicable fees.

CHANGES
Changes to delivery schedule, materials, dates, location, or equipment may be made orally or in writing and are valid through actions or practices of both parties.

NO RETURNS ON BULK MATERIALS ONCE DELIVERED
Natural stone products may vary in size and color and may contain fines or sand. No returns are accepted once materials are delivered.

CANCELLATION
Orders canceled within forty-eight (48) hours of delivery are non-refundable. Orders placed earlier may be canceled via email to info@tritownlandscape.com at least 48 hours before delivery. Orders requiring a deposit over $1,000 are non-refundable unless canceled at least 120 hours in advance. Same-day cancellations will not be charged. All other cancellations are subject to a $125 fee.

DRIVEWAYS AND PARKING AREAS
The customer affirms that any access provided for delivery vehicles is sufficient to support their weight. Tri-Town Landscape Materials is not responsible for damage to private roads, driveways, or subsurfaces.

INVALIDITY
If any provision is found invalid or unenforceable, it shall not affect the validity of the remaining provisions.

CHOICE OF LAW AND VENUE
This Agreement shall be governed exclusively by the laws of the Commonwealth of Massachusetts. All disputes will be adjudicated exclusively in Norfolk County, MA.

ATTORNEY’S FEES AND COSTS
If legal action is required to enforce this Agreement, the prevailing party is entitled to actual attorney’s fees and legal costs.

ASSIGNMENT AND BENEFIT
This Agreement may not be assigned by the Customer without written consent from Tri-Town Landscape Materials.

MISCELLANEOUS
If any terms conflict, handwritten or typed provisions take precedence over printed ones.

ENTIRE AGREEMENT
This document represents the entire agreement between the parties and supersedes all prior representations. Amendments must be in writing and signed by both parties.

NOTICES
All notices must be made in writing and delivered personally or sent via Certified Mail or national courier to:
Tri-Town Landscape Materials
139 E Main St
Avon, MA 02322
📞 (508) 586-8524

john@mulchandloam.com