Groeteke's Nursery & Outdoor Construction

Certified Arborist ISA #MW-6077A

Saint Charles County, Missouri

Phone:  636-410-8155| GroetekesNursery.com


Effective Date:  October 5, 2024

Applies To:  All proposals, quotes, estimates, and contracts issued by Groeteke's Nursery & Outdoor Construction ("Contractor").


1. Acceptance of Proposal

This proposal constitutes an offer by Groeteke’s Nursery & Outdoor Construction (“Contractor”) to perform the work described in the attached scope. Acceptance by the client (“Owner” or “Customer”) may be made by signature, written authorization (including electronic), or payment of the required deposit. Upon acceptance, this document becomes a binding contract between the parties.


2. Payment Terms

To secure the project and scheduling, payment shall be made as follows:


1. Deposit: One-third (1/3) of the total contract price is due at acceptance of the proposal.

Work will not be scheduled until the deposit is received.


2. Progress Payment: One-third (1/3) of the total contract price is due upon Contractor’s arrival on site and after one full week of active work.


3. Final Payment: The remaining one-third (1/3) of the total contract price is due immediately upon completion of the project.


All payments shall be made by check, credit card, or other approved form to Groeteke’s Nursery & Outdoor Construction. 


A finance charge of 1.5% per month (18% annual rate) will apply to all unpaid balances after 15 days from the due date. The Customer agrees to pay all costs of collection, including reasonable attorney’s fees, if payment is not made as agreed.



Refund, Payment & Lien Policy (Missouri)


Payment Structure

Payment shall be made as follows:

  • ⅓ non-refundable deposit upon acceptance
  • ⅓ due upon commencement of on-site work
  • ⅓ due upon substantial completion

Failure to pay for any installment when due constitutes a breach of contract.


Deposits & Refunds

Deposits are earned upon receipt and represent liquidated damages. No refunds will be issued for labor, services, materials, or plant stock once delivered, installed, or performed.


Cancellations

Clients canceling after material ordering or work commencement are responsible for all costs incurred to date.


Non-Payment

Unpaid balances may result in suspension of work, late fees, collection costs, and attorney fees as permitted by Missouri law.


Mechanic’s Lien Rights

Groeteke’s Nursery & Outdoor Construction reserves all rights to file a mechanic’s lien pursuant to RSMo Chapter 429 for unpaid labor, materials, or services.


NOTICE TO OWNER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON YOUR PROPERTY, WHICH IS ENFORCEABLE AGAINST YOUR PROPERTY.
THIS CAN RESULT IN THE LOSS OF YOUR PROPERTY IF THE LIEN IS NOT PAID.
FOR YOUR PROTECTION, YOU SHOULD WITHHOLD PAYMENT FROM THIS CONTRACTOR UNTIL ALL SUPPLIERS AND SUBCONTRACTORS HAVE BEEN PAID.

(Missouri Revised Statutes §429.012)

☐ Owner acknowledges receipt of this Notice prior to commencement of work


3. Change Orders and Additional Work

Any alterations, deviations, or additions to the original scope of work involving extra costs will be executed only upon written or electronic authorization from the Owner. Change orders shall include a description of the work, materials, and adjusted cost. Verbal authorizations given on site will be binding once the Contractor has commenced the additional work at the Owner’s request.


4. Permits and Approvals

Unless otherwise stated in writing, the Owner is responsible for obtaining and paying for any required building permits, HOA approvals, or inspections. Contractor will perform work in accordance with applicable local codes and accepted industry standards but is not responsible for delays caused by third-party approvals or inspections.


5. Site Access and Utilities

The Owner shall provide the Contractor with reasonable access to the site, including driveways, staging areas, and water or electrical access as necessary. Contractor shall not be held responsible for damage to surfaces such as driveways, sidewalks, turf, or underground utilities resulting from the use of equipment reasonably necessary for the completion of the work.

Owner agrees to clearly mark and identify all private utilities, irrigation lines, invisible fences, landscape lighting, or other underground features prior to the start of work. Contractor will contact Missouri One Call for standard public utility marking, but assumes no responsibility for unmarked or inaccurately marked private utilities.


6. Concrete and Hardscape Disclaimer

Contractor is not responsible for cracking, settling, scaling, or surface imperfections that may occur due to factors beyond Contractor’s control, including but not limited to:

• Ground movement, freeze/thaw cycles, heavy loads, or salt damage;

• Premature use of concrete or pavers prior to curing;

• Acts of nature, flooding, or improper drainage beyond the defined project area.


Owner acknowledges that minor surface variations, color differences, and hairline cracks are normal characteristics of concrete and hardscape installations and do not constitute defects. 7. Delays and Force Majeure

Contractor shall not be liable for delays in performance caused by weather, acts of God, labor disputes, material shortages, equipment failure, permit delays, or other causes beyond its reasonable control. In the event of such delay, Contractor shall have a reasonable extension of time to complete the work without penalty.


8. Property Conditions and Damage

Contractor shall take reasonable precautions to protect the Owner’s property during construction. However, Owner acknowledges that damage to lawns, irrigation, existing plantings, driveways, or other surfaces may occur due to equipment operation and material delivery, and such restoration is not included unless specified in writing.


9. Warranty

Contractor warrants that all work shall be performed in a workmanlike manner consistent with industry standards.

• Hardscape installations (retaining walls, patios, walkways) are warranted for one (1) year against structural failure due to defective workmanship.

• Plant materials are warranted for 30 days from installation, provided proper watering and care are maintained by the Owner.

• Drainage systems are warranted for 90 days against installation defects only.

Warranty does not cover damage caused by improper maintenance, vandalism, severe weather, settlement, or misuse.


10. Safety and Insurance

Groeteke’s Nursery & Outdoor Construction maintains full liability and workers’ compensation insurance. All employees and subcontractors are trained to follow OSHA and industry safety standards. Owner agrees not to enter or interfere with active work zones for safety reasons.


11. Cleanup and Restoration

Contractor will remove construction debris and leave the site in a neat and orderly condition upon completion. Final grading, topsoil, and seeding or sodding (if included in the scope) will be performed as weather and ground conditions allow.


12. Termination

Either party may terminate this agreement upon written notice if the other party materially breaches its obligations and fails to cure within seven (7) days. If the Owner terminates the contract without cause, Owner shall pay for all work completed to date, materials purchased, and a reasonable demobilization fee.


13. Indemnification

Owner agrees to indemnify, defend, and hold harmless Groeteke’s Nursery & Outdoor Construction, its employees, and subcontractors from any claims, damages, or expenses arising out of Owner’s negligence, property conditions, or failure to disclose underground hazards or site limitations.


14. Dispute Resolution

In the event of a dispute arising under or relating to this Agreement, both parties agree to resolve the matter through binding arbitration in accordance with the rules of the American Arbitration Association, held in St. Charles County, Missouri. Each party shall bear its own attorney’s fees unless otherwise awarded by the arbitrator.


Privacy Policy


Information We Collect


We may collect personal information that you voluntarily provide to us, including but not limited to:

  • Name
  • Mailing address
  • Email address
  • Phone number
  • Property address
  • Project details, photos, and site information
  • Billing and payment information
  • Communications sent via forms, email, phone, or text


We may also automatically collect limited technical information when you visit our website, such as:

  • IP address
  • Browser type
  • Device information
  • Pages visited and time spent on the site


How We Use Your Information


We use the information we collect to:

  • Provide estimates, contracts, and services
  • Schedule and perform work
  • Communicate regarding projects, invoices, and customer service
  • Process payments and accounting
  • Improve our website and services
  • Comply with legal and regulatory obligations


We do not sell, rent, or trade your personal information.


Sharing of Information


We may share your information only when reasonably necessary to operate our business, including with:

  • Employees and contractors involved in your project
  • Vendors, suppliers, and subcontractors as required to perform services
  • Payment processors, accounting software, and service providers
  • Legal or governmental authorities, when required by law


All such parties are expected to use the information solely for legitimate business purposes.


Text Messages, Emails & Communications


By providing your contact information, you consent to receive communications related to your project, including scheduling, service updates, invoices, and customer support.

  • We do not send unsolicited marketing text messages.
  • You may opt out of non-essential communications at any time by contacting us directly.


Data Security

We take reasonable administrative, technical, and physical measures to protect personal information from unauthorized access, disclosure, alteration, or destruction. However, no system can be guaranteed 100% secure, and we cannot guarantee the absolute security of information transmitted electronically.



Cookies & Website Analytics


Our website may use cookies or similar technologies to improve functionality and analyze traffic. Cookies do not collect personally identifiable information unless you voluntarily provide it.

You may adjust your browser settings to disable cookies if you prefer.


Retention of Information


We retain personal information only for as long as necessary to:

  • Fulfill business purposes
  • Comply with legal, accounting, and tax requirements
  • Enforce contracts and resolve disputes


Third-Party Websites


Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those sites. Please review their policies separately.


Children’s Privacy


Our services are not directed to individuals under the age of 18, and we do not knowingly collect personal information from children.


Changes to This Privacy Policy


We reserve the right to update this Privacy Policy at any time. Updates will be posted on our website with the revised effective date. Continued use of our services constitutes acceptance of any changes.


15. Entire Agreement

This Agreement, together with any approved change orders or written addenda, constitutes the entire understanding between the parties and supersedes any prior discussions, representations, or agreements, whether oral or written. No modification of this Agreement shall be valid unless made in writing and signed by both parties.



16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri.