Thank you for choosing Arborwell! The following terms and conditions, together with the terms, prices, and specifications outlined on your estimate, proposals and/or service agreement, constitute your entire agreement with Arborwell, LLC (referred to as “Arborwell”) (“Agreement”).
PERFORMANCE BY ARBORWELL
Our Plant Health Care programs are designed to manage and not eradicate weeds, insects, mites, disease and deer browsing. Horticulturally tolerable levels of insects, mites, disease and deer browse may still be present after treatments. Epidemic infestations may require additional visits at additional cost to you, pending your approval.
Each time we are on your property, an evaluation card will be left or emailed indicating the service(s) performed and, if necessary, any additional recommendations and precautions to be observed. Remeasurement of your trees or shrubs may also be done if there is a discrepancy between the original estimate and the actual square footage or product(s) required. You will be notified of any price adjustments for future services.
Work crews will arrive at the job site unannounced unless otherwise noted herein. Arborwell shall not be liable for damage or losses due to delays for weather or causes beyond our control, or for failure to observe precaution notices. By accepting this Agreement and engaging our services, you accept that every day during the Agreement’s term is a day on which applications may be applied, and you are continuously on notice that Arborwell will perform applications on any day during the term of this Agreement if any other
day becomes unnecessary or infeasible for performance (due to weather, scheduling conflicts, or weed, insect, mite and disease cycles) in which case you waive Arborwell’s performance on such a day. Absent extraordinary circumstances, you request that Arborwell not further contact you concerning dates of application as such further contact would be a burden to you.
You understand that, in connection with rendering our services to you, Arborwell may be required to bring trucks and other heavy equipment onto your driveway and other parts of your property. Arborwell operates under the assumption that any and all parts of your property onto which we must bring such equipment can sustain the presence, weight, and movement of that equipment, and you hereby hold Arborwell harmless for, and agree not to bring any claims against Arborwell as a result of, any damage or degradation to any
part of your property that results from the presence on it of such equipment.
You understand that certain work that Arborwell will render for you, such as dismantling large trees, will likely have a visible impact on your lawn and other parts of your property (e.g., divots, holes, sawdust, etc.). While we will do our best to minimize, mitigate, and repair any such impact, you hereby hold Arborwell harmless for, and agree not to bring any claims against Arborwell as a result of, any such impact on your property. You understand that after removal of stumps/roots that some shrubs/trees will continue to produce sprouts that may require multiple treatments, at additional cost to you, for control and that these treatments may result in damage to nearby plants/shrubs/trees and that you hereby hold Arborwell harmless for, and agree not to bring any claims against Arborwell as a result of, any damage to nearby plants/shrubs/trees.
WORKMANSHIP
All work is performed in a professional manner by experienced personnel outfitted with the appropriate tools and equipment to complete the job properly. Our work meets and exceeds the guidelines and standards set forth by ANSI (the American National Standards Institute) A300. As part of the Arbor Patrol Program, we may perform some minor deep root watering, minor fertilization and/or minor pruning of insect infested or diseased limbs. Any additional major work to be performed will be evaluated during a follow-up site inspection by an arborist who will submit an estimate, proposal, and/or services agreement for client approval. You are responsible for advising Arborwell regarding the location of underground utilities in the area where work is to be done. Arborwell shall not be responsible for damage to such utilities, unless the location has been indicated prior to the commencement of work. Recommendations are intended to minimize or reduce hazardous conditions associated with trees. The owner or owner’s representative is responsible for the annual scheduling of the required inspection of supplemental support systems.
You have a duty to inspect your property within fifteen (15) calendar days of service and provide written notice within that time of alleged damage of any nature. If written notice is
not provided within that time, you agree that any claims alleging damage of any nature and/or rights to withhold future payments under this Agreement are waived.
NO WARRANTIES
Except as expressly set forth in this agreement, no representations, warranties, or guarantees, express or implied, are intended with regard to products used or services performed.
INSURANCE
Arborwell is insured for liability resulting from injury to persons or negligent damage to property, and all its employees are covered by Workers’ Compensation Insurance.
A certificate of insurance is available upon request.
OWNERSHIP
By accepting this Agreement and engaging our services, you warrant that all trees, plant material and property on which work is to be performed are either owned by you or that permission for the work has been obtained from the owner by you. It is further agreed that the property owner or representative shall be responsible for obtaining any and all permits which may be required by local authorities. You hereby hold Arborwell harmless from all claims for damages resulting from your failure to obtain such permits.
TERMS OF PAYMENTS
The total cost estimates within this Agreement are valid for 60 days unless otherwise noted. All invoices are payable upon receipt. A deposit of 50% may be required prior to the commencement of General Tree Care work. A finance charge at the maximum rate allowed under applicable state law will be added to invoices after 30 days. Your next treatment may not be performed if your account is past due. Past due balances void any guarantees. If outside assistance is used to collect the account, you are responsible for all costs associated with the collection including, but not limited to, reasonable attorneys’ fees and court costs. Sales tax, if applicable, will be added to the amounts of this Agreement per your local and state tax jurisdiction. Should any terms of this Agreement be amended, subsequent payment for our services shall constitute your written acceptance thereof.
CONCEALED CONTINGENCIES
You agree to pay Arborwell on a time and materials basis for any additional work required to complete the job occasioned by concrete or other foreign matter; stinging insect nests in the tree, trees, or branches; rock, pipe, or underground utilities encountered in excavations; and work not described within this Agreement, or any other condition not apparent in estimating the work specified.
LIMIT OF LIABILITY
Arborwell’s total liability for any losses, damages, and expenses of any type whatsoever incurred by you or any of your guests, tenants, or invitees in connection with or resulting from Arborwell’s services under this Agreement (“Losses”), which are caused by wrongful acts or omissions of Arborwell, shall be limited solely to proven direct and actual damages in an aggregate amount not to exceed the amounts actually paid to Arborwell hereunder. In no event will Arborwell be liable for special, indirect, incidental or consequential damages, irrespective of the form or cause of action, in contract, tort or otherwise, whether or not the possibility of such damages has been disclosed to Arborwell in advance or could have reasonably been foreseen by Arborwell.
ARBITRATION
Any dispute, controversy or claim arising out of or relating to this Agreement or the breach thereof, the work performed by Arborwell for you, and/or any commission or omission by Arborwell, shall be submitted to and determined by arbitration before a single arbitrator pursuant to the Commercial Rules of the American Arbitration Association. The arbitration shall be held at the American Arbitration Association office closest to the site at which Arborwell performed the underlying services for you. The arbitration award shall be final and binding. Judgment on the award may be entered in any Court having competent jurisdiction thereof.
CUSTOMER REFERRAL PROGRAM
Word of mouth is our best advertising. When you are satisfied with our services, please tell a friend. Each time you refer a new customer to us who meets with an arborist, we will send you a thank you gift.
YOUR SATISFACTION IS IMPORTANT
Should our service fall short of your expectations, please contact us immediately and we will do everything we can to make it right.