Terms and Conditions
Terms and Conditions
This agreement (the “Agreement”), by and between Action Tree Service (“Action Tree Service” or “Company”) and the authorizing party or its agent (“Customer”) is effective as of the date of last signature below (the “Effective Date”).
1.Services
(a)Scheduling/ Cancellation: The scope of the Services will be defined in a written proposal,either attached hereto or provided to Customer separately (each, a “Proposal”). To the best ofits ability Action Tree Service will arrive on the scheduled performance date set forth in theProposal. Schedules are contingent upon, but not limited to, weather, accidents, and otherdelays beyond the Company’s control. Action Tree Service shall not be liable for damages,losses, or injuries caused by any such delays. Customer shall provide at least 72 hours’ noticefor cancellation. In the event that Customer fails to provide 72 hours’ cancellation notice toCompany, Company shall be entitled, at its discretion, to charge a $150 late cancellation noticefee.
- (b)Debris Removal: All debris from tree trimming and tree removal operations as part of theServices shall be cleaned up each day before the work crew leaves the site, unless otherwisecoordinated by the Customer and Company. All Customer lawn areas shall be raked, streetsand sidewalks in the worksite area shall be cleaned, and all brush, branches, and logs that werea direct result of the Services shall be removed from the site unless stated otherwise on thewritten contract or quote.
- (c)Stump Grinding: “Stump Grinding” is the process of utilizing a commercial stump grinder toremove stump to a depth of two to six inches (2”-6”) below ground, unless otherwise stated inthe Proposal. Stump grinding is not included in the price quoted for tree removal, unlessexplicitly stated in the Proposal. Surface and subsurface roots beyond the stump are notremoved unless specified in this Agreement or applicable Proposal. Any additional workrequired that is a direct result of foreign materials in the trunk, underground, or any othercondition not apparent during the estimating/quoting process will be billed at Company’snormal rate.
- (d)Additional Work: Any additional work or equipment required to complete the Services whichis caused by Customer’s failure to make known, or caused by previously unknown, foreignmaterial in the tree trunk, the branches, underground, or any other condition not apparent inestimating the cost of the Services, shall be paid for by the Customer at the Company’s normalrate.
2.Fees and Payments
(a)Estimates/Quotes: All eProposals provided by Action Tree Service are valid for 90 days andmust be accepted in writing by the Customer.
Action Tree Service Terms and Conditions
- (b)Terms of Payment: Unless otherwise noted in the corresponding Proposal, the Customeragrees to pay in full upon completion of the work. Failure to remit full payment within 30days will result in a finance charge of 5% of the total amount due. Failure to remit full paymentwithin 90 days will result in a $100 late fee and Action Tree Service reserves the right to turnthe account over to collections. All costs of such collection efforts by Company, includingreasonable attorneys’ fees, shall be the responsibility of Customer.
- (c)Types of Payment: Action Tree Service accepts payment via check, money order, cashier’scheck, as well as most major credit cards.
- (d)Returned Check Fee: If a check is returned for insufficient funds, Customer will be assesseda $35 fee.
3.Action Tree Service Warrants to Customer
(a)Workmanship/Performance: All Action Tree Service work will be performed professionally,with the appropriate tools and equipment.
- (b)Safety: All Action Tree Service operations will follow the latest industry safety standards.
- (c)Lawn & Surfaces Damage/Repair: Action Tree Service will attempt to minimize alldisturbances to the Customer’s lawn and surfaces. However, in many cases Action TreeService must utilize large vehicles & equipment designed to perform the Services. Action TreeService shall not be liable for damages to driveways, landscaping, sod, and/or plant materialin the execution of its work or causes beyond its control (i.e.: ruts left in yard from heavyequipment, limbs falling on flowerbeds, cracking of paved or concrete surfaces and/orsidewalk due to weight of trucks/equipment etc.).
- (d)Pedestrian/Vehicular Safety: Action Tree Service is solely responsible for pedestrian andvehicular safety control within the worksite while performing the Services. Action TreeService shall provide reasonable warning devices, barricades, and ground personnel requiredto promote the safety, protection, and warning of pedestrian and vehicular traffic within thearea. Notwithstanding the foregoing, Action Tree Services shall not be responsible for anylosses or damages related to bodily injury, including death, or damage to property which occursas a result of Customer’s negligence or willful misconduct with regard to worksite access.
- (e)Licenses/Permits: Action Tree Service is responsible for the costs of insurance, licenses,and/or bonds required to perform the Services under this Agreement to comply with allapplicable local, state, and federal codes, rules, and regulations.
- (f)Insurance: Action Tree Service warrants that it is insured for liability resulting from injury toperson(s) or property and that all employees are covered by workers’ compensation as requiredby law. Certificates of coverage are available upon request.
Action Tree Service Terms and Conditions
4.Customer Warrants to Action Tree Service
(a)Ownership: The Customer warrants that all trees listed are located on the Customer’s propertyand if not, Customer has received full written permission from the property owner to allowAction Tree Service to perform the Services. Should any tree be mistakenly identified as toownership, the Customer agrees to indemnify Action Tree Service for any damages or costsincurred from the result thereof.
- (b)Customer Safety: The Customer agrees to not enter the work area during the Services unlessauthorized by the onsite crew leader/supervisor.
- (c)Personal Property: The Customer is responsible for removing all personal property from theworksite area in advance of the scheduled arrival date. If the Customer fails to remove allitems in advance or requires assistance in moving items Action Tree Service will make areasonable effort to relocate these items or protect them to the best of its ability but will not beheld liable for any damage.
- (d)Concealed contingencies/foreign materials: The Customer will clearly and conspicuouslymark anything such as septic fields, underground septic tanks, buried structures/tanks of anykind, abandoned cisterns, shelters, basements, etc. that requires special consideration whenaccessing the job site area, and will inform Company as to any potential hazards of whichCustomer is aware. The Customer will be liable for damages due to a failure to report anyunderground hazards, structures, or personal property that Action Tree Service has not beenmade aware of in advance, during the estimate/quote process. Any additional work requiredas a direct result of the considerations discussed above, or caused by foreign materials in thetrunk, branches, underground, or any other condition not apparent during theestimating/quoting process will be billed at the Company’s normal rate.
- (e)Unmarked Utilities: Action Tree Service is not responsible for damages to undergroundsprinklers, drain lines, invisible fences, or underground cables/utilities unless the systems areadequately and accurately mapped by the Customer and a copy is presented before, or at thetime, the Services are performed. It is the responsibility of the Customer to call #811 andrequest a location of all utilities at the jobsite at least 48 hours before any stump grindingproject begins.
- (f)Customer’s Licenses/Permits: The Customer/property owner shall be responsible forobtaining and paying for necessary permits and approvals from local HOA and other governingentities (cities and towns). In many instances local towns and cities require a permit to performwork that requires parking on the street while performing work for a local resident.
5.Disclaimers
(a)Insurance/Indemnity: Action Tree Service is insured for liability resulting from injury topersons or property, and all its employees are covered by workers’ compensation insurance.The parties herein agree that in no instance may the Customer seek damages more than ActionTree Service’s policy liability. Once Action Tree Service completes its obligations under thisAgreement, Customer agrees to indemnify and hold harmless Action Tree Service and its
Action Tree Service Terms and Conditions
- agents for any injury, loss, or expense associated with work performed or in any way related to Services performed with this Agreement.
- (b)Completion of Contract: Action Tree Service agrees to do its best to meet any agreed uponperformance dates but shall not be liable in damages or otherwise for delays due to inclementweather, labor, or any other cause beyond Company’s control; nor shall the Customer berelieved of its obligation to remit full payment to Company in the event completion of theServices is reasonably delayed due to circumstances outside the reasonable control ofCompany.
- (c)Governing Laws: The terms and conditions of this Agreement shall be interpreted andgoverned according to the laws of the state where the Services are performed. Customer agreesto pay all costs, mediation fees, arbitration fees, and expenses, and all of Customer’s own feescosts and expenses. Customer agrees to limit the damages that may be recovered in any legalproceeding to an amount equal to the amount of this Agreement. Customer hereby waivesright to jury trial as to any claim asserted by or against Action Tree Service.
- (d)Media Release: Action Tree Service may take video, audio, and/or pictures of the progress ofthe project to be used for promotional purposes. By accepting this agreement, the Customergrants Action Tree Service, the right to use, publish, and reproduce for any purpose, in anyformat, and on any medium. Additionally, the Customer waives all rights to receive anycompensation for the use of this media.
- (e)Alternative Dispute Resolution: Except as herein provided the Customer agrees not to bring,file, initiate, commence, continue, or pursue any lawsuit, claim, counterclaim, crossclaim, orset off or any other judicial administrative, or other legal proceeding against Action TreeService more than one year after any incident giving rise to the claim occurred, regardless ofthe discovery date. If Customer wishes to file lawsuit against Action Tree Service, Customermust first provide Action Tree Service with (30) days written notice of the intention to do soand the same opportunities to cure.
- (f)Agreement and Authority: Upon acceptance the Customer represents that he/she has fullauthority to sign this Agreement for Services at the agreed upon address where the Servicesare to be completed. This is the entire agreement between the parties, and all prior discussions,negotiations, and representations are merged into and superseded by this Agreement, andCustomer cannot rely on such matters that predate this Agreement or any verbal agreementsprior to, during or after the date of the Agreement.
- (g)Entire Contract: This Agreement, along with any applicable Proposal, shall apply as the binding and entire Agreement between the Company and the Customer and are to be read inconjunction with the particulars of any estimation documentation.