Terms and Conditions
Kemp Brothers Landscaping
Effective Date: February 1, 2026
These Terms and Conditions (“Terms”) govern all services provided by Kemp Brothers Landscaping (“Company,” “we,” “us,” or “our”) to any client (“Client,” “you”). By approving an estimate, signing a contract, requesting services, or allowing work to commence, Client agrees to these Terms in full.
1. Scope of Work
Services are limited strictly to those described in the written estimate, proposal, or service agreement approved by Client. Any additional work requested by Client that is not included in the original scope must be approved in writing and may result in additional charges.
2. Estimates & Approval
All estimates are valid for a limited time and subject to change due to site conditions, material costs, weather, or unforeseen circumstances. Approval may be provided electronically, verbally, or in writing and constitutes a binding agreement.
3. Deposits & Payment Terms
A deposit may be required before scheduling or commencing work.
Payment is due upon completion unless otherwise stated in writing.
Invoices not paid by the due date may incur late fees, interest, and collection costs as permitted by law.
Client agrees to pay all court costs, attorney fees, filing fees, and collection expenses incurred due to non-payment.
4. Non-Payment & Right to Suspend Services
Failure to make timely payment constitutes a material breach of this agreement. Kemp Brothers Landscaping reserves the right to:
Suspend or terminate services
Withhold future scheduling
Pursue all legal remedies, including civil action and lien rights where applicable
5. Mechanic’s & Contractor’s Lien Rights
Client acknowledges that Kemp Brothers Landscaping reserves all rights afforded under Pennsylvania law, including the right to file a mechanic’s lien or similar claim for unpaid labor, materials, or services.
6. Snow & Ice Management Disclaimer
Snow and ice services are performed based on agreed triggers and schedules.
Client understands that snow and ice conditions are inherently unpredictable.
No guarantee is made that all surfaces will be free from snow or ice at all times.
Kemp Brothers Landscaping is not responsible for slip-and-fall incidents or damages occurring after service completion due to ongoing or subsequent weather conditions.
7. Weather, Site Conditions & Delays
Work schedules may be affected by weather, soil conditions, equipment availability, or other factors beyond our control. The Company is not responsible for delays caused by such conditions.
8. Property Conditions & Damage
Client is responsible for:
Identifying underground utilities, irrigation lines, invisible fencing, and private wiring
Removing personal property from work areas
The Company is not responsible for damage to items not disclosed or clearly marked prior to service.
9. Landscaping & Natural Material Disclaimer
Client acknowledges that landscaping involves natural materials and conditions beyond human control. The Company does not guarantee plant survival, color consistency, drainage results, or long-term soil conditions, unless expressly stated in writing.
10. Access & Right of Entry
Client grants Kemp Brothers Landscaping permission to access the property as necessary to perform contracted services. Client represents that they have authority to grant such access.
11. Warranty Limitation
Unless otherwise stated in writing:
All services are provided “as is”
No implied warranties of merchantability or fitness for a particular purpose apply
12. Limitation of Liability
To the fullest extent permitted by law, Kemp Brothers Landscaping’s total liability for any claim shall not exceed the amount paid for the specific service giving rise to the claim. The Company shall not be liable for indirect, incidental, or consequential damages.
13. Indemnification
Client agrees to indemnify and hold harmless Kemp Brothers Landscaping from any claims, damages, or losses arising out of:
Client’s failure to disclose site conditions
Third-party actions
Client’s misuse or alteration of completed work
14. Cancellation Policy
Cancellations made after scheduling may be subject to fees for labor, materials, mobilization, or lost scheduling opportunities.
15. Governing Law & Venue
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania. Venue for any dispute shall lie in Allegheny County, Pennsylvania, unless otherwise required by law.
16. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with any approved estimate or written agreement, constitute the entire agreement between the parties and supersede all prior discussions or representations.
18. Acceptance
Client’s approval of an estimate, payment of a deposit, or authorization to begin work constitutes acceptance of these Terms and Conditions.