Terms & Conditions of Felling Tree Services, LLC revised: Jan 30, 2023
1. 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.
2. Contract Documents: The Contract includes these Terms and Conditions, together with the Proposal and the Invoices (collectively as the "Contract").
3. Change Orders: Upon request of the Customer, or as determined by Felling Tree Services, LLC. 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 by written or verbal agreements, and the Customer shall be responsible for payment of all such additional work as agreed or as provided herein.
4. Insurance: Felling Tree Services, LLC. is fully insured with general liability. Proof of insurance can be verified by requesting a Certificate of Insurance.
5. Minimum Visit Charge: Felling Tree Services, LLC. charges a minimum of $300 to do tree work unless otherwise stated.
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 Felling Tree Services, LLC. 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 Felling Tree Services, LLC. 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, Felling Tree Services, LLC. shall remove all brush and debris from work zone, and rake to clean work site. Excess sawdust or minute wood debris 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 Michigan's Miss 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 adults, children, pets and livestock. Felling Tree Services, LLC. 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, 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 Felling Tree Services, LLC.'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 Felling Tree Services, LLC.'s control, will be the responsibility of Customer and shall be paid for by the Customer on a time and material basis at Felling Tree Services, LLC.'s customary rates or as required by any subcontractor of Felling Tree Services, LLC.. 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 after the date of the Proposal or Change Orders.
13. Lawn & Surfaces Damage/Repair: Felling Tree Services, LLC. will attempt to minimize all disturbances to the customer's lawn and surfaces. However, Felling Tree Services, LLC. must utilize vehicles & equipment to perform tree care services. Felling Tree Services, LLC. 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.)
14. 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.
15. Payment: Payment is due immediately upon completion of the work. In the event there are no extra charges, 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. Failure to remit full payment when due shall result in a $50 late fee, plus interest at the rate of 1.8% per month. Felling Tree Services, LLC. 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: Felling Tree Services, LLC. 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 $300.00 for incurred expenses. Cancellation fees may apply to any notice less than 24 hour notice.
17. Insurance/Indemnity: Felling Tree Services, LLC. possesses insurance that provides coverage in the event of injury to persons or property arising directly from the negligence of Felling Tree Services, LLC. and/or its employees. Once the work subject to this contract has been completed by Felling Tree Services, LLC., customer/owner agrees to indemnify and hold harmless Felling Tree Services, LLC., 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 Felling Tree Services, LLC. be liable to customer/owner for any damages of any sort that occur more than one (1) month 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 Felling Tree Services, LLC.. The parties herein further agree that in no instance can the customer/owner seek damages in excess of Felling Tree Services, LLC. applicable policy liability.