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 Very Good Tree 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.
4. Insurance: Very Good Tree 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: Very Good Tree Service charges a minimum of $250 to do tree work. While lower amounts may appear itemized in the proposal, they cannot be selected individually.
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 Very Good Tree 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 Very Good Tree 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 and subsurface roots.
9. Post Work Zone Condition: Upon completion of the work, Very Good Tree 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. Locates: Locates will be called for your stump grind, if there are lines buried such as electrical done by the homeowner, water features, invisible pet fences or other lines not related to the companies contacted by New Mexico's Call Before You Dig, please inform us. We are not responsible for buried lines we cannot see.
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. Very Good Tree 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 Very Good Tree 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 Very Good Tree Service's control, will be the responsibility of Customer and shall be paid for by the Customer on a time and material basis at Very Good Tree Service's customary rates or as required by any subcontractor of Very Good Tree 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 & Surfaces Damage/Repair: Very Good Tree Service will attempt to minimize all disturbances to the customer's lawn and surfaces. However, Very Good Tree Service must utilize vehicles & equipment to perform tree care services. Very Good Tree 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.)
15. 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.
14. Treatments, Fertilization and Plant Health Care: Very Good Tree 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.
15. 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 when due shall result in a $50 late fee, plus interest at the rate of 1.8% per month. Very Good Tree 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.
16. Customer Cancellation: Very Good Tree 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.
17. Insurance/Indemnity: Very Good Tree Service possesses insurance that provides coverage in the event of injury to persons or property arising directly from the negligence of Very Good Tree Service and/or its employees. Further, all of the employees of Very Good Tree Service are covered by Worker's Compensation Insurance. Once the work subject to this contract has been completed by Very Good Tree Service, customer/owner agrees to indemnify and hold harmless Very Good Tree 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 Very Good Tree 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 Very Good Tree Service. The parties herein further agree that in no instance can the customer/owner seek damages in excess of Very Good Tree Service applicable policy liability.