Cardenas Tree Service II: Terms & Conditions Agreement
It is agreed by and between Cardenas Tree Service II and the authorizing party (customer and/or customer's agent) that the following provisions are made as part of this contract:
Insurance by Contractor: Cardenas Tree Service II warrants that it is insured for liability resulting from injury to person(s) or property. Certificates of coverage are available upon request.
Cancellation: Cardenas Tree Service II will arrive on scheduled performance date. Schedules are contingent upon weather, accidents, and other delays beyond our control, and shall not be liable for damages due to those delays. Once contract is signed and a date has been set, you are put on the schedule and other jobs are planned accordingly. Thus Cardenas Tree Service II requests that the authorizing party provide at least 24 hours advance notice for cancellation and a cancellation fee of 25% of the total job agreed upon in the contract will be due at that time. If a crew has been dispatched to the job site, the customer will be assessed an additional mobilization fee of $200.00 for incurred expenses on top of the cancellation fee.
Workmanship/Safety: Cardenas Tree Service II professionals are trained tree experts; With combined experience of over 30 years. All work will be performed professionally, with the appropriate tools and equipment for proper job completion. Cardenas Tree Service II warrants that all operations will follow the latest industry safety standards. The authorizing party agrees to not enter the work area during operations unless authorized by the crew leader onsite.
Debris Removal: All debris from tree trimming and tree removal operations shall be cleaned up before the work crew leaves the site, unless otherwise coordinated by the client and crew leader. All lawn area shall be raked, streets and sidewalks shall be swept, and all brush, branches, and logs shall be removed from the site.
Stump Removal: Process of utilizing a commercial stump grinder to remove stump to depth of 6-8" Inches below ground unless otherwise stated in the proposal. Unless specified in the proposal, stump removal is not included in the price quoted. Grindings from stump removal are not hauled unless specified in this proposal. Surface and subsurface roots beyond the stump are not removed unless specified in this proposal.
Additional Work: 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, underground, or any other condition not apparent in estimating the work specified, shall be paid for by the customer on a time and material basis.
Unmarked Utilities: Cardenas Tree Service II is not responsible for damages to underground sprinklers, drain lines, invisible fences or underground cables unless the system(s) are adequately and accurately mapped by the authorizing party and a copy is presented before or at the time the work is performed.
Lawn & Surfaces Damage/Repair: Cardenas Tree Service II will attempt to minimize all disturbances to the customer's lawn and surfaces. However Cardenas Tree Service II must utilize vehicles & equipment to perform tree care services. Cardenas Tree Service II 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.).
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 Cardenas Tree Service II to perform the specified work. Should any tree be mistakenly identified as to ownership, the customer agrees to indemnify Cardenas Tree Service II for any damages or costs incurred from the result thereof.
Pedestrian/Vehicular Safety: Cardenas Tree Service II is solely responsible for pedestrian and vehicular safety control within the worksite. Cardenas Tree Service II shall provide the necessary warning devices, barricades, and ground personnel required to ensure the safety, protection and warning of pedestrian and vehicular traffic within the area.
Licenses/Permits: Cardenas Tree Service II is responsible for the costs of permits, licenses, and/or bonds required to perform specified worked under this contract to comply with all applicable local state and federal codes, rules and regulations. The customer/property owner shall be responsible for obtaining and paying for necessary approval from local HOA and other governing entities.
Insurance/Indemnity: Cardenas Tree Service II is insured for liability resulting from injury to persons or property. The parties herein agree that in no instance may the customer seek damages in excess of Cardenas Tree Service II policy liability. Further, once work is completed by Cardenas Tree Service II under this contract, owner agrees to indemnify and hold harmless Cardenas Tree Service II and its agents for any injury, loss or expense associated with work performed or in any way related to services performed with this contract.
Completion of Contract/Scheduling: Cardenas Tree Service II agrees to do its best to meet any agreed upon performance dates, but shall not be liable in damages or otherwise for delays due to inclement weather, labor or any other cause beyond its control; nor shall the customer be relieved of completion for delays. In the event that all aspects of the work are not completed during the initial scheduled date, Cardenas Tree Service II will give the customer as much notice as possible in arranging the completion. Cardenas Tree Service II cannot always have the entire job completed in a single day, due to a multitude of factors. Some portions of the work must be done at a later time, i.e. grinding out remaining stump and log removal (in addition to the job itself and/or parts of it). Unless specifically stipulated on the customer’s contract, Cardenas Tree Service II may have to break the job up into pieces (normally related to large removals or large landscape renovations). Nothing in nature is guaranteed, and factors outside of our control may affect completion.
Terms of Payment: Unless otherwise noted in this proposal, the customer agrees to pay the account in full upon completion of the work. Failure to remit full payment within the payment terms will result in a finance charge of 15% per month. Payments not received within 30 days will assess a $50 late fee (in addition to the finance charge) and may be turned over to collections. If outside assistance is used to collect the account, the customer is responsible for all costs associated with the collection including, but not limited to, attorney fees and court costs.
Types of Payment: Checks, Money Orders, Cashier's Check, Visa, Mastercard, Discover & American Express are all accepted.
Returned Check Fee: There will be a $35.00 fee charged for all checks returned to our office for in-sufficient funds.
Governing Laws: The terms and conditions of this contract shall be interpreted and governed according to the laws of the State of Texas.