These Terms and Conditions are incorporated into and are a part of the Estimate/Contract between (Chuck’s Tree Service, Inc.”) and customer.
Performance: Chuck’s Tree Service shall attempt to meet all scheduled dates, but shall not be liable for damages due to delays regardless of the cause(s) for the same. Customer shall not be relieved of any responsibility arising from 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 indicated herein, Chuck’s Tree Service will remove wood, brush and debris incidental to the work.
Terms of Payment: Invoices are net payable upon completion of work. A service charge of 2% per month or the highest rate permitted by law will be added to invoices unpaid thirty days after the invoice date (“Outstanding Balance”). Customer shall be responsible for all costs including, without limitation, attorney’s fees and expenses arising from the collection or attempted collection of Outstanding Balances.
Property lines / Restrictions: Customer shall be solely obligated to precisely delineate and flag boundary lines. Chuck’s Tree Service shall not be responsible for ascertaining any boundary lines. To the fullest extent permitted by law, customer agrees to defend (with counsel of Chuck’s Tree Service choice), hold harmless, and indemnify Chuck’s Tree Service and its officers, directors, employees, agent and servants from and against all claims, damages, losses, and expenses including, but not limited to, attorney’s fees and costs (hereinafter collectively referred to as “Claims”), arising out of or resulting from customer’s failure (negligently, intentionally, or otherwise) to accurately delineate and flag boundary lines.
Access to Work: Customer shall provide unfettered access to work areas for Chuck’s Tree Service employees, trucks, and equipment. Customer also agrees to keep driveways clear and available for Chuck’s Tree Service trucks, equipment, etc. Chuck’s Tree Service shall not be expected to keep gates closed for animals or children.
Concealed Contingencies: Customer agrees to pay Chuck’s Tree Service on a time and materials basis for any additional work required or reasonably necessary arising from conditions not clearly apparent to Chuck’s Tree Service during the estimating phase of the work. Such conditions include, without limitation, work associated with concrete, foreign matters, insects, pipes or electrical lines not described in the Estimate/Contract, or any other condition(s). Customer shall be liable for all changes arising from unseen concrete, metal or other foreign objects in trees. Chuck’s Tree Service shall not be responsible for lawn or driveway damage caused by equipment, trucks, cranes, etc. or limbs, trees, etc. being dropped or lowered to the ground.
Tree Removal: Absent express language to the contrary, Chuck’s Tree Services’ obligations are limited to removing trees to within 6 to 12 inches of ground level and cleaning up debris.
Stump Removal: Absent language expressed to the contrary, Stump Removal is “additional work” billed on a time and material basis separate from all other tree services. Stumps are ground down just below ground level and filled with chips from the site. Chuck’s Tree Service is not responsible for any underground property.
Clean-up: Brush, leaves, and twigs associated with Chuck’s Tree Services’ work are normally removed. Chuck’s Tree Service will endeavor to remove some sawdust, but usually some sawdust will be left behind and not removed.
Scheduling: Chuck’s Tree Service will provide customer with a tentative arrival date approximately one week in advance. However, such arrival date may change due to weather conditions, equipment issues or other conditions. Chuck’s Tree Service specifically reserves the right to reschedule any and all of its services.
Additional Work: Any work not expressly included within the Estimate/Contract shall be considered “additional work” that will be charged to customer on a time and material basis.
Insurance: Chuck’s Tree Service has worker’s compensation and liability insurance. Certificates of Insurance are available upon request.
Ownership of Trees: Customer guarantees that trees uon which Chuck’s Tree Service is to perform its services are owned by customer or that said customer has received written permission for Chuck’s Tree Service to perform work on such trees. To the fullest extent permitted by law, customer agrees to indemnify, defend, and hold Chuck’s Tree Service harmless from and against all claims of each and every nature arising out of or resulting from customer’s mistakes identifying trees, delineating boundaries, or receiving permission.
Underground Conditions: Chuck’s Tree Service shall not be liable or responsible to anyone, including customer, for any underground conditions including without limitation, septic system, dry wells, cesspools storage tanks, and irrigation systems not clearly and unequivocally delineated by customer. If customer does not clearly and unequivocally delineate the same, Chuck’s Tree Service is entitled to assume no such condition exists.
Police Detail/Flagman: Chuck’s Tree Service has not built into our Estimate/Contract the cost of a Police Detail or Flagman. If a Police Detail or Flagman is used, the customer shall be responsible for the costs associated with the same.
Day of job requests for additional services will be priced and performed at the discretion of Chuck’s Tree Service. Depending on the nature of the additional work, we can not guarantee that we will be able to complete the work on the same date. Please let us know in advance if you wish to have additional services added to your quote.