It is agreed by and between Abominable Enterprises LLC (tree magician) and the authorizing party (customer and/or customer’s agent) that the following provisions are made as part of this contract:
Insurance by Contractor: Abominable Enterprises LLC warrants that it is properly insured for liability resulting from injury to person(s) or property. Certificates of coverage are available upon request.
Cancellation Fee: Abominable Enterprises LLC kindly requests that the authorizing party provide at least 48 hours’ notice in advance of any full or partial work cancellation for jobs that have been scheduled in advance. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $75 for incurred expenses.
Completion of Contract: Abominable Enterprises LLC agrees to do its best to meet any agreed upon performance dates, but shall not be liable in damages or otherwise for delays because of inclement weather, labor, or any other cause beyond its control; nor shall the customer be relieved of completion for delays.
Tree Ownership: The authorizing party warrants that all trees listed are located on the customer’s property, and, if not, that the authorizing party has received full permission from the owner to allow Abominable Enterprises LLC to perform the specified work. Should any tree(s) be mistakenly identified as to ownership, the customer agrees to indemnify Abominable Enterprises LLC for any damages or costs incurred from the result thereof.
Safety: Abominable Enterprises LLC warrants that all arboricultural operations follow the latest version of the ANSI industry safety standards. Furthermore, a certified arborist will be present on jobs requiring special needs. The authorizing party agrees to not enter the work area during arboricultural operations unless authorized by the crew leader on-site. Abominable Enterprises LLC is not responsible for damages or injuries that occur from tree materials left on site from job specifications, or jobs that take multiple days to complete. Owner acknowledges that the Contractor reserves the right to, at any time, in any instance, and at its own sole discretion, stop the Work during such severe conditions so as not to force unsafe conditions upon any of its agents, employees, or vehicles.
Stump Removal: Unless specified in the proposal, stump removal is not included in the price quoted. When included, standard grinding depth is 4-6 inches below ground level, though we will be happy to grind to a deeper depth upon request, if feasible. Grindings and shavings from stump removal are not hauled away unless specified in this proposal. Surface and subsurface roots beyond the stump are not removed unless specified in this proposal.
Concealed Contingencies: Any additional work or equipment required to complete the work, caused by the authorizing party’s failure to make known or caused by previously unknown foreign material in the trunk, the branches, base or surrounding of tree, or any other condition not apparent in estimating the work specified, shall be paid for by the customer on a time and material basis. Abominable Enterprises LLC is not responsible for damages to any of the following but not limited to; underground sprinklers, drain lines, invisible fences, sewers, septic tanks, underground cables, curbs, ditches, as well as snow covered or hidden items. The Owner acknowledges that any vehicles left on the Premises may obstruct the contractor’s ability to perform the Work. Private facilities such as sprinkler systems are the owners’ responsibility to adequately mark and or map systems before time of service.
Driveways/Sidewalks: Abominable Enterprises LLC will attempt to minimize any damage to driveways and sidewalks. But in the event that our equipment causes settling, cracking, or other damage to driveways and/or sidewalks, then repairs are not included in the contract price.
Clean up; Clean-up shall include removing wood, brush, and clippings, and raking of the entire area affected by the specified work, unless noted otherwise on this proposal. Owner agrees that cleanup will not result in completely bare surface.
Lawn Repair: Abominable Enterprises, LLC will attempt to minimize all disturbances to the customer’s lawn. Lawn repairs are not included in the contract price, unless noted otherwise on this proposal.
Tree tampering and site alterations: Abominable Enterprises reserve the right to cancel, change, or rewrite a proposal for changes that occur to tree or site from home owner, or any other third party manipulation. including but not limited to new fences, landscaping, ornamentation, cutting on tree specified in proposal, ground or root tampering, drilling, tying or cabling tree(s) and or putting forces and energy onto said tree after proposal was signed.
Monitoring conditions: Abominable Enterprises LLC is not responsible for monitoring tree illness, failure potential, moisture content, progressing decay, mechanical injury or root problems or any other condition not mentioned. The Owner agrees to hold the Contractor, its agents, and employees harmless from and against any damages, claims, or losses arising out of the Owner’s failure to monitor the conditions of the Premises or failure to properly and timely alert the Contractor of the need for extra service
Nuisance events: Abominable Enterprises LLC is not responsible for Root issues including but not limited to, roots growing into septic systems, foundations, upheaving surfaces, patios, fences, or other nearby items, new shoots/suckers that arises from removal or trimming on property or adjacent properties.
Terms of Payment: Unless otherwise noted on the proposal, the customer agrees to pay the account in full or remaining amount of the account within 30 days of work completion. Failure to remit full payment within the payment term will result in a finance charge of 5.00% per month of total balance due. Proposals of $1000.00 or higher require 50% of estimated cost up front for materials and labor cost, unless other agreements or arrangements are made in writing.
Returned Check Fee: There will be a $35.00 fee charged for all checks returned to our office for non-sufficient funds.
ANSI A300 Tree Care Standard Definitions: The following definitions apply to specifications detailed in this proposal.
· clean: Selective pruning to remove one or more of the following parts: dead, diseased, and/or broken branches.
· crown: The leaves and branches of a tree measured from the lowest branch on the trunk to the top of the tree.
· leader: A dominant or co-dominant, upright stem.
· raise: Selective pruning to provide vertical clearance.
· reduce: Selective pruning to decrease height and/or spread by removing specified branches.
· restore: Selective pruning to improve the structure, form, and appearance of trees that have been severely headed, vandalized, or damaged.
· thin: Selective pruning to reduce density of live branches, usually by removing entire branches.
· vista pruning: Selective pruning to allow a specific view, usually by creating view “windows” through the tree’s crown