The following terms and conditions are a part of the confirmation of work to be performed by Timber Ridge Tree Service, and with the information on the front, constitute the entire agreement.
INHERENT HAZARDS AND RISKS
Trees inherently pose a certain degree of hazard and risk from breakage, failure, or other causes and conditions. Recommendations that are made by Timber Ridge Tree Service are intended to minimize or reduce hazardous conditions that may be associated with trees. However, there is and there can be no guarantee or certainty that efforts to correct unsafe conditions will prevent breakage or failure of a tree. Our recommendations should reduce the risk of tree failure, but they cannot eliminate such risk, especially in the event of a storm or any other act of God. Some hazardous conditions in landscapes are apparent, while others require detailed inspection and evaluation. While a detailed inspection and evaluation should and normally does result in the detection of potentially hazardous conditions, there can be no guarantee or certainty that all hazardous conditions will be detected.
PERFORMANCE BY TIMBER RIDGE TREE SERVICE
Work crews will arrive at the job site unannounced unless otherwise noted herein. Timber Ridge Tree Service shall attempt to meet all performance dates, but shall not be liable for damages due to delays for inclement weather or other causes beyond its control. The customer shall not be relieved of his responsibility because of delays.
WORKMANSHIP
All work will be performed in a professional manner by experienced personnel outfitted with the appropriate tools and equipment to complete the job properly. Unless otherwise indicted herein, Timber Ridge Tree Service will remove wood, brush, and debris incidental to the work.
INSURANCE
Timber Ridge Tree Service is insured for liability resulting from injury to persons or property, and all its employees are covered by Workers Compensation Insurance.
OWNERSHIP
The customer warrants that all trees, plant material, and property upon which work is to be performed are either owned by him, or that permission for the work has been obtained from the owner. Timber Ridge Tree Service is to be held harmless from all claims for damages resulting from the customer’s failure to obtain such permission.
TERMS OF PAYMENT
All accounts are net payable upon receipt of invoice. A service charge of 1 ½% per month, which is an annual percentage rate of 18%, will be added to accounts thirty days after invoice date. In the event of non-payment by the Owner, a “Mechanic’s Lien” will be placed on the property for the amount of the unpaid balance plus any applicable interest. If outside assistance is used to collect the account, the customer is responsible for all costs associated with the collection including, but not limited to, attorney fees and court costs.
CANCELLATION OF THE WORK
Either Contractor or the Owner may cancel the performance of the Work at any time before the Work begins, except that any cancellation on the part of the Owner must be submitted in writing to Contractor. Should the Owner cancel any Work, the Owner shall pay a cancellation fee of two hundred dollars ($200.00) or five percent (5.000%) of the total Contract Sum, whichever is greater.
PERMITS
Customer shall obtain and pay for all required permits.
PROPERTY LINES – RESTRICTIONS
Customer shall indicate to Timber Ridge Tree Service the corners of the property, and shall assume all responsibility for accuracy of markers. Customer shall give a copy to Timber Ridge Tree Service of any restrictions, easements, or rights of way prior to commencement.
CONCEALED UTILITY LINES & IRRIGATION SYSTEMS
Customer represents that he has no knowledge of any concealed utility lines other than those, if any, set forth on the face page of this Agreement as a special remark. Timber Ridge Tree Service shall not be held responsible for concealed irrigation and sprinkler systems.
ACCESS TO WORK
Customer shall provide free access to work areas for Timber Ridge Tree Service, employees, and vehicles. The customer agrees to keep driveways clear and available for movement and parking of required trucks and equipment during normal work hours. Timber Ridge Tree Service shall not be held responsible for damage to driveways and/or sidewalks due to excessive weight of equipment. Timber Ridge Tree Service employees shall not be expected to keep gates closed to animals or children.
CONCEALED CONTINGENCIES
Customer agrees to pay Timber Ridge Tree Service on a time and materials basis for any additional work required to complete the job occasioned by concrete, or other foreign matter, or stinging insect nests in the tree or trees or branches, rock, pipe, or electrical encountered in excavations and not described on the face of this Agreement, or any other condition not apparent in estimating the work specified.
SPRAY APPLICATIONS
Timber Ridge Tree Service will be responsible for the proper application of any spray formulation that is commonly used in the business to control a specified problem involving trees, shrubs, or plants; but will not be responsible for any unforeseen or abnormal reaction resulting from the use of such spray. The parties agree that in no instance may Customer seek damages in excess of the contract price.
STUMPS
Stumps will be cut to within approximately twelve (12) inches of ground level unless specified to the contrary on the face page of this Agreement. Stump removal is not included in the Agreement unless specifically provided for on the face page hereof. Stumps will be ground eight to twelve (8-12) inches below surface level. Debris may be hauled away at an additional expense.
