Terms and Conditions – Effective 06/22/2022
1. Contract Documents: The Contract includes these Terms and Conditions, together with the Proposal, any Change Order(s), and the Invoices (collectively as the "Contract").
2. Customer: Unless otherwise agreed to, the Customer is the person to whom the proposal is addressed, along with his/her employer or principal. Customer warrants that he/she is fully authorized to contract and bind his employer/principal to this Contract.
3. Change Orders. Upon request of the Customer, or as determined by Tall Timbers Tree and Shrub Service as necessary to the safe and timely completion of the work, additional work may be added to or subtracted from the scope of work in the Proposal (or any other Change Order) by written Change Order, and the Customer shall be responsible for payment of all such additional work as provided in the Change Order or as provided herein. Pricing is good for 60 days from estimate date.
4. Insurance: Tall Timbers Tree and Shrub Service is fully insured with general liability and all employees are covered by workmen's compensation. Proof of insurance can be verified by requesting a Certificate of Insurance.
5. Minimum Visit Charge: Tall Timbers Tree and Shrub Service charges a minimum of $250 to do tree work. While lower amounts may appear itemized in the proposal, they cannot be selected individually. Tall Timbers Tree and Shrub Service follows ISA standards for pruning. Any requests above/beyond those standards are subject to a time/materials (T&M) fee. Time/Materials fee includes: drivetime, fuel charge, and dump fees.
6. Tree Ownership: Customer warrants that all trees/stumps listed or referred to in the Proposal, in any communication by Customer, and any Change Order are either: (1) located on the Customer's property; and/or (2) Customer has received full permission from the owner to enter into this Contract. Should any tree/stump be mistakenly identified as to ownership, the Customer agrees to indemnify Tall Timbers Tree and Shrub Service for any damages or costs incurred as a result thereof pursuant to the indemnity provision herein.
7. Work Zone: The Work Zone shall include all areas used and to be used by Tall Timbers Tree and Shrub Service in the performance of the work, including all areas needed for mobilization, access, hauling, boom swing, ingress, and egress. Customer warrants that the Work Zone is either: (1) located on the Customer's property; and/or (2) located on another's property and the Customer has received full permission from the other property owner to enter into this Contract and to conduct work on that property.
8. Stump and Root Grinding/Removal: Stumps will be ground to a depth of between 6-8″ unless another specification is provided in the Proposal or Change Order. Unless otherwise agreed to in the Proposal or a Change Order, the following are not part of the Contract unless an amount or a rate is specifically listed:
a. Stump removal;
b. Removal of stump grindings; and
c. Surface roots
9. Post Work Zone Condition: Upon completion of the work, Tall Timbers Tree and Shrub Service shall remove all brush and debris from work zone, and rake to clean work site. Excess sawdust that cannot be raked will not be removed. Unless other agreements have been made.
10. Utility Locates: Tall Timbers Tree and Shrub Service will call Locates (811) to mark public utilities before work is done. Customer is responsible for marking private lines including but not limited to irrigation lines, drip lines, electric fencing, lighting wires, etc. Tall Timbers Tree and Shrub Service is not responsible for any unmarked lines.
11. Customer's Work Zone Responsibilities:
a. Work Zone Entry: Customer agrees not to enter the Work Zone during the performance of the work unless authorized by the crew leader on-site. Customer further agrees to keep the Work Zone free and clear from all employees, family members, children, and pets. Tall Timbers Tree and Shrub Service is not responsible for pets getting out of any enclosure.
b. Work Zone Clearing: Customer shall remove all toys, furniture, decorations, swing sets, ornaments, potted plants, birdhouses, lighting, wind chimes, flags, hammocks, tree swings, and any other items of value from the Work Zone prior to commencement of the work. If you cannot move some of these items in advance, require our help or simply do not complete this process then you automatically waive the right to hold us accountable for damage to them.
12. Delays/Costs Due to Customer Failure, Unforeseen Conditions, or Conditions Outside Tall Timbers Tree and Shrub Service's Control: Any additional work, work time, or equipment needs required to complete the Contract, caused by any reason, including the Customer's failure complete its responsibilities herein, or caused by unforeseen conditions or conditions outside or beyond Tall Timbers Tree and Shrub Service's control, will be the responsibility of Customer and shall be paid for by the Customer on a time and material basis at Tall Timbers Tree and Shrub Service's customary rates or as required by any subcontractor of Tall Timbers Tree and Shrub Service. These conditions may include, but are not limited to: insects, animals, harmful plants/fungi/organisms, Work Zone access issues, additional work needed to access the Work Zone or within the Work Zone due to changes, foreign material in trees and stumps, and changed conditions within the Work Zone (chicken coops, goat farms or landscape changes) after the date of the Proposal or Change Orders.
13. Lawn and Surfaces Damage/Repair: Tall Timbers Tree and Shrub Service will attempt to minimize all disturbances to the customer's lawn and surfaces. However, Tall Timbers Tree and Shrub Service must utilize vehicles and equipment to perform tree care services. Tall Timbers Tree and Shrub Service shall not be liable for damages to landscaping, sod, plant material in the execution of its work or causes beyond their control (Examples: Ruts in yard due to wet conditions, limbs falling on flowerbeds, cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment etc.)
14. Working with Nature
Trees and plants are natural, living organisms affected by factors beyond human control. No guarantee on trees, plants or general landscape safety, health or condition is expressed or implied.
15. Treatments, Fertilization and Plant Health Care: Tall Timbers Tree and Shrub Service provides no warranties or guarantees as to the effectiveness or success of any tree or plant treatments. If we recommend treatment, it is because we think that the tree is a worthy candidate for treatment at that time. Plant Health Care automatically renews annually in January and must be cancelled if services are no longer wanted. A prepay proposal is mailed at the end of the year (for the following treatment year) to the address on file and expires annually on March 1.
16. Payment: Payment is due immediately upon completion of the work. In the event there are no extra charges or Change Orders, Customer shall pay the Contract price listed in the Proposal within seven (7) days of completion of the work or within (7) days of the invoice, whichever is first. If additional work is needed (by Change Order or as provided herein), Customer shall pay for such work within seven (7) days of receipt of the invoice. Failure to remit full payment within 90 days from due date shall result in a $50 late fee, plus interest at the rate of 1.8% per month. Tall Timbers Tree and Shrub Service is entitled to its costs and reasonable attorney fees and appellate attorney fees for collection. Any partial payments will be first credited to penalties, interest, costs, and attorney fees before credit to principal. There is a $30 return check fee. Payments made with a credit or debit card that are over $100 will incur a fee of 2.9%.
17. Customer Cancellation: Tall Timbers Tree and Shrub Service requests that the authorizing party provide at least 24 hours advance notice for cancellation. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $250.00 for incurred expenses. Cancellation fees may apply to any notice less than 24-hour notice.
18. Insurance/Indemnity: Tall Timbers Tree and Shrub Service possesses insurance that provides coverage in the event of injury to persons or property arising directly from the negligence of Tall Timbers Tree and Shrub Service and/or its employees. Further, all employees of Tall Timbers Tree and Shrub Service are covered by Worker's Compensation Insurance. Once the work subject to this contract has been completed by Tall Timbers Tree and Shrub Service, customer/owner agrees to indemnify and hold harmless Tall Timbers Tree and Shrub Service, its employees, and its agents for any injury, loss, or expense in any way related to services performed under this contract, other than as expressly set forth above. In no event shall Tall Timbers Tree and Shrub Service be liable to customer/owner for any damages of any sort that occur more than six (6) months after the scope of work subject to this contract has been completed, regardless of whether the damages arise from the work performed by or at the direction of Tall Timbers Tree and Shrub Service. The parties herein further agree that in no instance can the customer/owner seek damages in excess of Tall Timbers Tree and Shrub Service applicable policy liability.
19. Planting Warranty: Tall Timbers Tree and Shrub Service does provide a warranty for first-year trees. The Planting Warranty is valid for 60 days from the date the tree was planted, as long as the tree(s)/shrub(s) have been adequately taken care of as decided by the Certified Arborist. The Certified Arborist will have to visit the property and evaluate the tree to determine if it is valid for warranty coverage.
a. Replacement – Tall Timbers Tree and Shrub Service covers full cost for removal of the old (dead) tree, ½ the cost of the new (replacement) tree, ½ the cost of planting the replacement tree
b. Non-replacement – Tall Timbers Tree and Shrub Service covers full cost for removal of the old (dead) tree