Contract Documents: The Contract includes these Terms and Conditions, together with the Proposal, any Change Order(s), and the Invoices (collectively as the “Contract”).
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 enter into this contract and bind his employer/principal to this Contract.
Change Orders: Upon request of the Customer, or as determined by Roble Tree Care 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.
Insurance: Roble Tree Care 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.
Minimum Visit Charge: Roble Tree Care charges a minimum of $500 to do tree work. While lower amounts may appear itemized in the proposal, they cannot be selected individually.
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 Roble Tree Care for any damages or costs incurred as a result thereof pursuant to the indemnity provision herein.
Equipment: In order to complete the Work, Roble Tree Care will use its equipment and manpower on the Customer’s property and adjacent right-of-ways. Unless otherwise specified in the Agreement, the Customer also agrees to allow Roble Tree Care the use of non- public access, such as driveways, turfed areas, and parking areas for the placement and use of Roble Tree Care ‘s equipment.
Customer agrees to defend and hold Roble Tree Care harmless for any damage that may result from the use of the Roble Tree Care s equipment or manpower in the performance of the Work, including but not limited to: cracking, scraping or buckling of pavement surface, curbing, or gutters on any right-of-way, street, alley, sidewalk, driveway, parking area or path resulting from the placement of equipment necessary to complete the Work, damage to turf, ivy, ground cover, shrubs or other vegetation.
Work Zone: The Work Zone shall include all areas used and to be used by Roble Tree Care 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.
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 and subsurface roots
Post Work Zone Condition: Upon completion of the work, Roble Tree Care shall remove all brush and debris from the work zone, and rake to clean the work site. Excess sawdust that cannot be raked will not be removed unless other agreements have been made. Customers understand and agree that the nature of the work performed may, in some circumstances, lead to cosmetic or other incidental changes in appearance to the work zone, for example, compressed grass, tracks from Bobcat or other equipment, etc. Roble Tree Care will in all circumstances attempt to avoid or minimize such changes.
Underground Utilities: Locates will be called for your stump grind. If there are lines buried such as electrical or other such buried items buried by the homeowner, such as water features, invisible pet fences or other lines not related to the companies contacted by Georgia’s 811 Call Before You Dig, please inform us. We are not responsible for buried lines that we cannot see or of which we are not made aware prior to initiating the work. If an identified utility is damaged it will be repaired.
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 agree to keep the Work Zone free and clear of all employees, family members, children and pets. Roble Tree Care 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 prior to initiation of performance of the work, then you automatically waive the right to hold us accountable for any and all damage to them.
Delays/Costs Due to Customer Failure, Unforeseen Conditions, or Conditions Outside Roble Tree Care ‘s Control: Any additional work, work time, or equipment needs required to complete the Contract, caused by any reason attributable to the Customer, including the Customer’s failure to complete their responsibilities herein, or caused by unforeseen conditions or conditions outside or beyond Roble Tree Care ‘s control, will be the responsibility of Customer and shall be paid for by the Customer on a time and material basis at Roble Tree Care ‘s customary rates or as required by any subcontractor of Roble Tree Care . 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.
Lawn & Surfaces Damage/Repair: Roble Tree Care will attempt to minimize all disturbances to the customer’s lawn and surfaces. However, Roble Tree Care must utilize vehicles & equipment to perform tree care services. Roble Tree Care 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 flower beds, cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment etc.)
Roof and Gutters: In the event that damage to gutters occurs during a manual tree service without use of the crane, Contractor is held harmless if the tree is located within 5 feet of a structure, gutter or roof. In addition, if noticeable dead limbs are present within 5 feet of a structure, gutter, or roof the contractor will not be held liable for damage as the fragility of the limb(s) is uncontrollable. Contractor will take all necessary and controllable precautions to avoid such damage, but will not be held liable should such damage occur. A) Roof Access: Customer agrees to allow Roble Tree Care roof access for the completion of the work.
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.
Treatments, Fertilization and Plant Health Care: Roble Tree Care 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.
Payment: Payment is due immediately upon completion of the work. In the event there are no extra charges or Change Orders, Customers shall pay the Contract price listed in the Proposal within seven (7) days of completion of the work or within seven (7) days of the invoice, whichever is first. If additional work is needed (by Change Order or as provided herein), Customers shall pay for such work within seven (7) days of receipt of the invoice. Failure to remit full payment when due shall result in a $50 late fee, plus interest at the rate of 1.8% per month. Roble Tree Care 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. In the event of non-payment by Customer, Roble Tree Care will report non-payments to the local authorities as theft of services.
Customer Cancellation: Roble Tree Care 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.
Insurance/Indemnity: Roble Tree Care possesses insurance that provides coverage in the event of injury to persons or
property arising directly from the negligence of Roble Tree Care and/or its employees. Further, all of the employees of Roble Tree Care are covered by Worker’s Compensation Insurance. Once the work subject to this contract has been completed by Roble Tree Care , customer/owner agrees to indemnify and hold harmless Roble Tree Care , 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 Roble Tree Care be liable to customer/owner for any damages of any sort that occur in 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 Roble Tree Care . The parties herein further agree that in no instance can the customer/owner seek damages in excess of Roble Tree Care applicable policy liability.
Property Restoration: In the event that damage must be repaired under this contract, Roble Tree Care shall be liable to restore the property to its pre-existing condition only. Roble Tree Care . shall exercise its discretion with regard to the method for returning the property to a pre-existing condition. Roble Tree Care reserves the right to self-perform repair services or utilize its subcontractors. Any damage must be reported to Roble Tree Care in writing within 24 hours of the occurrence of the damage or Roble Tree Care liability shall be deemed waived.
