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CP Clark LLC • Sussex County, NJ

Terms & Conditions

v2.2 • Effective upon publication • NJ HIC #13VH13800500 • Licensed & Insured

Quick Summary

  • Payment: Net 30 from the invoice date, or as stated on your invoice.
  • Cancellations: 48-hour notice required. Same-day or after-dispatch cancellations: $125 trip charge.
  • Deposits (projects): none under $500; 25% for $500–$2,000; 33% over $2,000; materials may be billed upfront.

Mowing Service Terms at a Glance

  • Frequency: set at signup (weekly or biweekly).
  • Skips/cancellations: 48-hour notice to skip or cancel a visit (Section 5).
  • Overgrowth: $25–$75 surcharge for skipped weeks or growth over 6″.
  • Pet waste: $25 if present at service.
  • Obstacle cleanup: $25–$50 if we have to clear the lawn.
  • Locked or inaccessible gate: $35 trip charge.
  • Weather: visits may shift a day or two, no charge.
  • Season: roughly April–November; new-season pricing is confirmed before the season starts.
  • Billing: Net 30 invoices (Section 4).

Full details: Section 8, Lawn Care & Maintenance.

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1. General Terms

  • By signing, approving an estimate, or authorizing work verbally or in writing, Client agrees to all terms herein.
  • These terms apply to all services including lawn maintenance, excavation, grading, drainage, land clearing, material delivery and placement, snow services, and any related work.
  • CP Clark LLC reserves the right to refuse or discontinue service at any time for safety, access, or conduct reasons.
  • All estimates expire 30 days from the date issued. After 30 days, pricing is subject to change.

2. Estimates, Scope & Change Orders

  • Estimates are based on site conditions observable at time of inspection. Conditions not visible (underground, concealed) are excluded.
  • Any work requested beyond the original scope must be agreed upon in writing or via text/email before additional work begins. Verbal additions are not binding on CP Clark LLC.
  • If Client requests additional work while crew is on-site (“while you’re here” requests), CP Clark LLC will provide a revised price before proceeding. Client may accept or decline without penalty.
  • CP Clark LLC reserves the right to adjust pricing if actual site conditions differ materially from what was represented at time of estimate.

3. Deposit Requirements (Projects)

  • Jobs under $500: No deposit required.
  • Jobs $500 – $2,000: 25% deposit required before scheduling.
  • Jobs over $2,000: 33% deposit required before mobilization.
  • Material-heavy jobs: Material costs may be billed upfront regardless of job size.
  • Remaining balances are due per the payment terms below.

4. Payment Terms

  • Payment is due Net 30 from the invoice date, or as stated on the invoice. Project deposits are due as outlined above or in the estimate.
  • Accepted methods: cash, check, Venmo, Zelle, or credit card via the online invoice link. See your invoice for details.
  • Future services will be suspended until any outstanding balance is paid in full.
  • CP Clark LLC reserves the right to pursue collections and/or file a mechanic’s lien under New Jersey law (N.J.S.A. 2A:44A) for unpaid balances on completed work.
  • Client is responsible for all reasonable collection costs and attorney fees incurred to recover unpaid balances.

5. Scheduling & Cancellations

  • Services are scheduled on established routes. Exact arrival times are estimates, not guarantees.
  • Cancellations require 48-hour advance notice by phone or text.
  • Same-day cancellations or cancellations after crew has dispatched will result in a $125 trip charge.
  • Deposits are non-refundable if Client cancels within 48 hours of a scheduled start date on jobs requiring equipment mobilization.
  • CP Clark LLC may reschedule due to weather, equipment issues, or conditions beyond our control. No trip charge applies in these cases.

6. Site Access & Client Responsibilities

  • Client must ensure clear, safe, and legal access for all equipment and vehicles. Minimum gate width of 48″ required for compact equipment.
  • Client warrants they are the property owner or have authority to authorize work, and that proposed work complies with all applicable local ordinances, permits, easements, and HOA rules. Obtaining required permits is the Client’s responsibility unless stated otherwise in the estimate.
  • Client is responsible for notifying all relevant parties (HOA, tenants, neighbors) of scheduled work.
  • Client is responsible for identifying and disclosing all property lines and boundaries. CP Clark LLC is not responsible for boundary disputes arising from lines not accurately identified by Client.
  • Delays caused by inaccessible work areas may result in rescheduling and a trip charge at CP Clark LLC’s discretion.
  • Vehicles and equipment must be cleared from work areas prior to arrival. Lawn obstacle and pet waste requirements for mowing are in Section 8 (Lawn Care & Maintenance).

7. Excavation, Grading, Clearing & Drainage

  • Public utility marking (NJ 811): CP Clark LLC will contact NJ 811 (1-800-272-1000) at least 3 business days prior to excavation as required by New Jersey law. Client is responsible for marking all private utilities not covered by 811, including irrigation systems, septic lines, invisible/electric fence, propane lines, drainage pipes, low-voltage lighting, well lines, and any other private underground infrastructure. Work will not begin until Client confirms all private utilities are marked.
  • 811 tolerance zone: Utility locate marks are approximate. New Jersey law defines a tolerance zone on each side of a marked line within which the exact location is not guaranteed. Contact with a properly located public utility within its lawful tolerance zone, despite reasonable care, does not constitute negligence by CP Clark LLC.
  • CP Clark LLC is not responsible for damage to any utility, line, or structure that was not properly marked prior to work commencement.
  • Unforeseen conditions: Rock, ledge, buried debris, groundwater, roots, or other subsurface conditions not identifiable from surface inspection may result in additional charges. Client will be notified and must approve before additional work proceeds.
  • Land clearing & debris: Tree, brush, stump, and vegetation removal carries inherent risk to surrounding turf, structures, and adjacent vegetation. Unless stated in the estimate, debris generated is removed at Client expense, and CP Clark LLC does not guarantee complete root or stump extraction.
  • Soil settling: Natural settling of disturbed soil is expected and normal after excavation or grading. CP Clark LLC does not warranty against settling unless a specific compaction standard is stated in the estimate.
  • Out-of-scope conditions: Work is limited strictly to the scope described in the signed estimate. Conditions discovered during work that were not visible or known at time of estimate — including buried debris, ledge rock, high groundwater, compacted hardpan, old pipe, failed drainage infrastructure, or soil contamination — are outside the original scope. CP Clark LLC will stop work, notify Client, and provide a revised price before proceeding. Client may accept, decline, or modify the additional scope without penalty to either party.
  • Adjacent and downstream properties: Grading alters natural water flow. CP Clark LLC is not responsible for water behavior on neighboring or downstream properties resulting from agreed-upon grade changes on Client’s property. Client is responsible for ensuring proposed grading complies with local ordinances and does not adversely affect adjacent properties.
  • Surface disturbance: Equipment operation will result in ruts, compaction, tire marks, and surface disturbance to turf, gravel, mulch, or unpaved areas. This is inherent to heavy equipment work and is not considered a defect. Restoration of disturbed surfaces beyond the direct work area is not included unless specifically stated in the estimate.

Important: No Guarantee on Water & Drainage Outcomes

Grading, excavation, and drainage installation are performed to industry-standard practices based on conditions known at time of work. CP Clark LLC does not and cannot guarantee that any grading or drainage work will permanently resolve water infiltration, standing water, basement moisture, or flooding conditions. Factors beyond our control — including extreme rainfall events, groundwater rise, neighboring property changes, and soil behavior — affect drainage outcomes. If a specific performance result is required, it must be stated explicitly in the written estimate and agreed upon by both parties before work begins. Water behavior is also affected by soil composition, bedrock, adjacent property grades, and existing infrastructure, many of which are outside our control or visibility. No warranty against water infiltration or drainage problems is made unless a specific, written performance outcome is included in the estimate.

8. Lawn Care & Maintenance

  • CP Clark LLC is not responsible for lawn health issues resulting from drought, disease, pests, soil conditions, or weather.
  • Lawns not serviced within the agreed schedule or with growth exceeding 6 inches may incur an overgrowth surcharge of $25–$75 at CP Clark LLC’s discretion based on additional time required.
  • Pet waste: All pet waste must be removed from the entire lawn area prior to service. If pet waste is present at time of service, a pet waste surcharge of $25 will be added to the invoice and service may be limited to areas free of waste. Repeated occurrences may result in service termination without refund of any scheduled service fees.
  • Lawn obstacles and debris: Client is responsible for removing ALL obstacles from the lawn prior to service — including toys, sports equipment, hoses, lawn furniture, garden tools, tarps, decorations, sprinkler heads, and any personal property. If obstacles require removal by CP Clark LLC to complete service, a cleanup fee of $25–$50 will be added to the invoice based on time required.
  • Edging, trimming, and blowing are included with mowing unless otherwise noted. Landscaping beds, fenced areas, and obstacles requiring extensive manual trimming may be excluded or billed separately.
  • Client accepts that mowing equipment may disperse small stones, sticks, debris, or other objects present in the lawn. CP Clark LLC is not liable for incidental damage resulting from debris in the mow area. Clearing the lawn of such objects prior to service is the Client’s responsibility.
  • Gates must be unlocked and accessible at time of service. If crew cannot access the property, a $35 trip charge applies and the visit will be rescheduled.

9. Materials, Topsoil, Fill & Spoils

  • Material pricing (stone, mulch, topsoil, pipe, etc.) is based on supplier costs at time of estimate. Significant price changes prior to delivery may result in a pricing adjustment with Client notification.
  • Topsoil & fill disclaimer: Topsoil and fill are natural products that may contain stones, roots, organic matter, clods, and weed seed, and will vary in color, texture, and screening. CP Clark LLC does not guarantee plant growth, germination, or that placed soil is free of all debris. Placement is performed to a reasonable visual grade, not a surveyed tolerance, unless a specific tolerance is stated in the estimate.
  • Spoils & haul-off: Excavation and grading generate spoil material. Unless the estimate states otherwise, excess spoil remains the Client’s property and is left on-site spread to a reasonable grade. Off-site haul-away, disposal fees, and import of replacement fill are billed separately and are not included in any excavation price unless specifically listed.
  • Fuel surcharges may apply for jobs requiring extended travel or multiple equipment mobilizations.
  • Unused materials ordered specifically for a job are the Client’s responsibility unless CP Clark LLC can return them to supplier.
  • CP Clark LLC marks up materials to cover handling, delivery coordination, and warranty of material quality.

10. Documentation & Photography

  • Jobsites will be photographed before, during, and after all services for quality control, documentation, and dispute resolution.
  • Pre-existing conditions: Client acknowledges that pre-existing damage, wear, settling, drainage issues, or surface conditions may exist on the property prior to CP Clark LLC’s work. Before-work photographs document site condition at time of arrival and are the controlling record for distinguishing pre-existing conditions from work performed. It is the Client’s responsibility to identify and disclose known pre-existing conditions before work begins.
  • Photos may be used for CP Clark LLC business purposes including website and social media, excluding recognizable address or identifying Client information, unless Client requests otherwise in writing.

11. Snow Plowing & Winter Services

  • CP Clark LLC is not responsible for damage to items hidden beneath snow including curbs, landscaping, drainage features, or personal property.
  • Driveways must be clear of all vehicles, obstacles, and personal property at time of service.
  • Minor turf damage, gravel displacement, and surface contact are inherent to snow removal and are not considered defects.
  • Ice management (salting, sanding) is a separate service and is not included in plowing unless specifically stated in the agreement.
  • Snow service may be delayed or rescheduled based on storm timing, road conditions, and route priority.

12. Heavy Equipment, Liability & Warranty

  • Acknowledgment of heavy equipment operation: Client understands and accepts that CP Clark LLC operates heavy machinery including excavators, track loaders, skid steers, tractors, and dozers. Normal operation of this equipment carries inherent and unavoidable risk of incidental surface and property contact within and adjacent to the work area, including but not limited to turf, lawns, driveways, curbs, walkways, gravel, landscaping, and irrigation components. Such incidental contact is an accepted consequence of the work, is not considered damage or a defect, and is not the liability of CP Clark LLC when arising from the reasonable and necessary operation of equipment to perform the agreed scope. Restoration of incidental surface disturbance is not included unless explicitly stated and priced in the written estimate.
  • CP Clark LLC is not responsible for damage caused by pre-existing conditions, hidden defects, or underground infrastructure not disclosed by Client.
  • Workmanship warranty: CP Clark LLC warrants that installed drainage components and hardscape/structural work will be free from defects in workmanship for 30 days from completion. This warranty covers correction of defective workmanship only. It does not cover settling, water-behavior outcomes, damage from misuse, third-party alteration, weather events, acts of others, or normal wear. Lawn maintenance and grading outcomes carry no warranty unless specifically stated in the estimate. This is the sole warranty provided; any broader warranty must be expressly written in the estimate.
  • CP Clark LLC carries general liability insurance. Certificate of insurance available upon request.
  • Client must report any concerns in writing within 7 days of service completion. Concerns reported after this period may not be covered.
  • CP Clark LLC’s total liability for any claim shall not exceed the amount paid by Client for the specific service in dispute.
  • CP Clark LLC is not liable for indirect, consequential, or incidental damages including lost use, lost income, or property damage beyond the direct work area.

13. Subcontracted & Builder Work

  • Where CP Clark LLC performs work as a subcontractor or for a builder/general contractor, the contracting party is responsible for site conditions, grade stakes, layout, surveys, and coordination of other trades. CP Clark LLC works to the grades, stakes, and information provided and is not responsible for errors in stakes, plans, or layout supplied by others.
  • CP Clark LLC is not responsible for pre-existing site conditions, prior grading performed by others, or deficiencies created by other trades. Such conditions are documented by before-work photographs and are not the responsibility of CP Clark LLC.
  • Payment to CP Clark LLC is not contingent on the contracting party receiving payment from any third party or property owner.

14. Force Majeure

CP Clark LLC is not liable for delay or failure to perform due to causes beyond its reasonable control, including weather, flooding, ground saturation, fire, equipment failure, supply shortages, labor disruption, acts of government, or other events of force majeure. Affected work will be rescheduled within a reasonable time without penalty to either party.

15. SMS/Text Messaging Communications

By providing your phone number to CP Clark LLC, you consent to receive text messages (SMS) from us related to:

  • Appointment confirmations and reminders
  • Scheduling updates
  • Estimates and invoices
  • Project updates
  • Customer support communications

Message frequency varies depending on services requested and active projects. Message and data rates may apply. You may opt out at any time by replying STOP to any message. For assistance, reply HELP or contact us at 862-266-8828 or aclark@cp-clark.com. Consent to receive text messages is not a condition of purchase. CP Clark LLC is not responsible for delayed or undelivered text messages due to carrier issues, network problems, or technical interruptions.

16. SMS Opt-In Methods

Customers may opt in to receive SMS messages by:

  • Submitting their phone number through our website contact form
  • Requesting a quote or service
  • Calling or texting our business number
  • Providing their phone number during service scheduling

By submitting your phone number through these methods, you agree to receive service-related communications from CP Clark LLC.

17. Privacy

Your personal information is handled in accordance with our Privacy Policy. We do not sell, rent, or share personal information with third parties for marketing or promotional purposes.

18. Disputes, Governing Law & General Provisions

  • These terms are governed by the laws of the State of New Jersey.
  • Parties agree to attempt good-faith resolution before pursuing legal action.
  • Any legal action shall be filed in Sussex County, New Jersey.
  • Client waives the right to class action and agrees to individual dispute resolution only.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
  • Entire agreement: These Terms & Conditions, together with the signed estimate, constitute the entire agreement between the parties and supersede all prior verbal or written representations. No modification is binding unless in writing.
  • We may update these Terms & Conditions from time to time. Updates will be posted on this page with a revised version and effective date.

19. Client Agreement & Electronic Acceptance

These Terms & Conditions are incorporated by reference into every estimate issued by CP Clark LLC. By electronically approving your estimate, you confirm that you have read, understood, and agree to all Terms & Conditions contained in this document. Electronic approval via the estimate link constitutes a legally binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act). A copy of your approved estimate and these Terms & Conditions will be retained on file by CP Clark LLC.

CP Clark LLC • Newton, NJ 07860 • 862-266-8828 • aclark@cp-clark.com • NJ HIC #13VH13800500

Terms & Conditions v2.2 • Effective upon publication • All rights reserved.

This document is provided for business use and is not legal advice. CP Clark LLC recommends review by a licensed New Jersey attorney before reliance in a dispute.

Call (862) 266-8828