PLANT CONNECTION PLANT LEASING TERMS OF SERVICE
PARTIES
This contract (“Contract”) is by and between The Plant Connection, Inc. (“The Plant Connection”) and the Company or individual named
in order form (“Client”).
SERVICE AREA
Client is located within our area of service - Bellevue, Issaquah, Renton, Kirkland, Bellevue, Snoqualmie Ridge, Seattle, Kent, Lynwood
areas of Washington State, United States of America
TERMS AND PAYMENT
Client's initial payment shall include first and last month's lease fee and a $50 installation charge.
This contract shall extend for a period of twelve or twenty four months depending on the term selected, starting on the date of delivery..
The Plant Connection’s monthly fee for its services is equal to the amount indicated in the order or this amount times twelve for a yearly
amount. At the end of contract term, the Client will have the option to purchase the leased plants and containers for $500.00 (five
hundred and 00/100 dollars). The Contract shall automatically renew and increase at the annual inflation rate unless either party
notifies the other of its intent to terminate the Contract. Such notice shall be made in writing and delivered no less than thirty days prior
to the end of the Contract period.
The Plant Connection will invoice monthly. Client will have the option of paying by cash, check or credit card. Payment is due on the
fifteenth of each month for that month’s services. Payments received after the fifteenth of the month will be considered late and a late
charge of $10.00 will be added to the next month’s statement.
DUTIES
The Plant Connection’s fee covers maintenance as needed and lease of the plants listed in the lease order in the following manner:
A. Replacement will be made at the discretion of The Plant Connection as often as required with the same variety of plant or with a plant
of similar size and value. The size of the plant will be determined in reference to the attached Inventory/Proposal. The Plant Connection
reserves the right to select and substitute as necessary.
B. Maintenance services will include, as needed: watering, fertilizing, pruning, pest management, and cleaning of all plants listed in the
attached Inventory/Proposal.
The Plant Connection is not responsible for plants damaged or destroyed by:
1. Extremes of heat or cold, including but not limited to those caused by fire, power outage, loss of heat or air-conditioning.
2. Intentional or negligent damage by Client, Client’s employees, customers, visitors or guests.
3. Watering by Client, Client’s employees or other third parties.
4. Theft or disappearance of plants or containers.
5. Moving of plants to a different location than initially specified in Inventory, without prior approval of The Plant Connection.
6. The reduction of lighting levels below those which existed at the start of the Contract.
7. The use of any substance which introduces toxic liquids, solids or gases into the soil or plants.
The Client agrees to reimburse The Plant Connection for replacement of plants damaged due to any of the above circumstances.
Plants remain the property of The Plant Connection.
Plants are subject to availability. We will contact you if substitutions need to be made.
CONDITIONS
A. Unless otherwise agreed, in writing, The Plant Connection’s duties under this Contract are expressly conditioned on all construction
being complete, furniture installed, and all lighting, heating and air conditioning systems being operational prior to the installation of
plants. If this condition is not met initially or if additional construction, alteration or installation is undertaken, then: i. The Client will be
liable to The Plant Connection for increased costs during that period, including, but not limited to damage to leased plants and ii. The
Plant Connection will be relieved of the duty to replace plants both during the period and after the period in regard to plants damaged by
those undertakings.
B. The Plant Connection will have free access to the building, water supplies (within a reasonable distance) and freight elevators,
during normal business hours.
LIMITATION OF LIABILITY
The Plant Connection’s liability to Client in connection with this Contract and the duties to be performed by The Plant Connection will be
limited to actual damages arising from The Plant Connection’s gross negligence or willful misconduct in the performance of its duties
and responsibilities; provided however, that in no event will The Plant Connection be liable for any incidental or consequential damages.
Where Client has specified a container to be provided by The Plant Connection, The Plant Connection’s responsibility for the
construction, longevity or watertightness of such container is limited to the warranty provided by the container and shall, in any case, not
exceed the cost of the container itself.
TERMINATION
If this contract is terminated by client before the end of the contract period, there will be a penalty charge equal to three months’ fees.
PRIVACY
The Plant Connection agrees that we will not sell, lease or rent your personal information to any individual or organization other than our
own or our subsidiary or affiliated organizations or Law Enforcement/Government agencies whom rightfully request it.
GENERAL PROVISIONS
Disputes. The Plant Connection and Client agree to submit any dispute arising out of this Contract first to mediation and then, if
unresolved, to binding arbitration under the rules of the American Arbitration Association for Commercial Disputes unless the parties
agree otherwise. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the parties stipulate otherwise or
in such proportions as the arbitrator decides.
Governing Law. This Contract will be governed by, and construed under, the laws of the State of Washington. Jurisdiction and venue for
all purposes will be in King County, Washington.
Amendments. No amendment of this Contract will be binding unless it is in writing and signed by authorized representatives of both
The Plant Connection and Client.
Assignment. This Contract and the rights and obligations of the parties hereunder are not assignable by either party without prior
written consent of an authorized representative of the other party.
Entire Agreement. This Contract (including the exhibits, schedules and other documents referred therein) constitutes the entire
agreement between the parties with respect to The Plant Connection’s services. This Contract supersedes any and all prior
agreements, oral or written, between the parties with respect to the subject matter hereof.
PARTIES
This contract (“Contract”) is by and between The Plant Connection, Inc. (“The Plant Connection”) and the Company or individual named
in order form (“Client”).
SERVICE AREA
Client is located within our area of service - Bellevue, Issaquah, Renton, Kirkland, Bellevue, Snoqualmie Ridge, Seattle, Kent, Lynwood
areas of Washington State, United States of America
TERMS AND PAYMENT
Client's initial payment shall include first and last month's lease fee and a $50 installation charge.
This contract shall extend for a period of twelve or twenty four months depending on the term selected, starting on the date of delivery..
The Plant Connection’s monthly fee for its services is equal to the amount indicated in the order or this amount times twelve for a yearly
amount. At the end of contract term, the Client will have the option to purchase the leased plants and containers for $500.00 (five
hundred and 00/100 dollars). The Contract shall automatically renew and increase at the annual inflation rate unless either party
notifies the other of its intent to terminate the Contract. Such notice shall be made in writing and delivered no less than thirty days prior
to the end of the Contract period.
The Plant Connection will invoice monthly. Client will have the option of paying by cash, check or credit card. Payment is due on the
fifteenth of each month for that month’s services. Payments received after the fifteenth of the month will be considered late and a late
charge of $10.00 will be added to the next month’s statement.
DUTIES
The Plant Connection’s fee covers maintenance as needed and lease of the plants listed in the lease order in the following manner:
A. Replacement will be made at the discretion of The Plant Connection as often as required with the same variety of plant or with a plant
of similar size and value. The size of the plant will be determined in reference to the attached Inventory/Proposal. The Plant Connection
reserves the right to select and substitute as necessary.
B. Maintenance services will include, as needed: watering, fertilizing, pruning, pest management, and cleaning of all plants listed in the
attached Inventory/Proposal.
The Plant Connection is not responsible for plants damaged or destroyed by:
1. Extremes of heat or cold, including but not limited to those caused by fire, power outage, loss of heat or air-conditioning.
2. Intentional or negligent damage by Client, Client’s employees, customers, visitors or guests.
3. Watering by Client, Client’s employees or other third parties.
4. Theft or disappearance of plants or containers.
5. Moving of plants to a different location than initially specified in Inventory, without prior approval of The Plant Connection.
6. The reduction of lighting levels below those which existed at the start of the Contract.
7. The use of any substance which introduces toxic liquids, solids or gases into the soil or plants.
The Client agrees to reimburse The Plant Connection for replacement of plants damaged due to any of the above circumstances.
Plants remain the property of The Plant Connection.
Plants are subject to availability. We will contact you if substitutions need to be made.
CONDITIONS
A. Unless otherwise agreed, in writing, The Plant Connection’s duties under this Contract are expressly conditioned on all construction
being complete, furniture installed, and all lighting, heating and air conditioning systems being operational prior to the installation of
plants. If this condition is not met initially or if additional construction, alteration or installation is undertaken, then: i. The Client will be
liable to The Plant Connection for increased costs during that period, including, but not limited to damage to leased plants and ii. The
Plant Connection will be relieved of the duty to replace plants both during the period and after the period in regard to plants damaged by
those undertakings.
B. The Plant Connection will have free access to the building, water supplies (within a reasonable distance) and freight elevators,
during normal business hours.
LIMITATION OF LIABILITY
The Plant Connection’s liability to Client in connection with this Contract and the duties to be performed by The Plant Connection will be
limited to actual damages arising from The Plant Connection’s gross negligence or willful misconduct in the performance of its duties
and responsibilities; provided however, that in no event will The Plant Connection be liable for any incidental or consequential damages.
Where Client has specified a container to be provided by The Plant Connection, The Plant Connection’s responsibility for the
construction, longevity or watertightness of such container is limited to the warranty provided by the container and shall, in any case, not
exceed the cost of the container itself.
TERMINATION
If this contract is terminated by client before the end of the contract period, there will be a penalty charge equal to three months’ fees.
PRIVACY
The Plant Connection agrees that we will not sell, lease or rent your personal information to any individual or organization other than our
own or our subsidiary or affiliated organizations or Law Enforcement/Government agencies whom rightfully request it.
GENERAL PROVISIONS
Disputes. The Plant Connection and Client agree to submit any dispute arising out of this Contract first to mediation and then, if
unresolved, to binding arbitration under the rules of the American Arbitration Association for Commercial Disputes unless the parties
agree otherwise. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the parties stipulate otherwise or
in such proportions as the arbitrator decides.
Governing Law. This Contract will be governed by, and construed under, the laws of the State of Washington. Jurisdiction and venue for
all purposes will be in King County, Washington.
Amendments. No amendment of this Contract will be binding unless it is in writing and signed by authorized representatives of both
The Plant Connection and Client.
Assignment. This Contract and the rights and obligations of the parties hereunder are not assignable by either party without prior
written consent of an authorized representative of the other party.
Entire Agreement. This Contract (including the exhibits, schedules and other documents referred therein) constitutes the entire
agreement between the parties with respect to The Plant Connection’s services. This Contract supersedes any and all prior
agreements, oral or written, between the parties with respect to the subject matter hereof.
Putting the peace, beauty and inspiration of nature to
work for your company
work for your company
THE PLANT CONNECTION
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| phone/fax 206.938.3884 www.theplant-connection.com PO box 16248 Seattle, WA 98116 1534 1st Ave. S |
