Agreement: These terms and conditions form this Agreement as if they were part of the same document. The Proposal may modify the applicability of these standard terms and conditions. To the extent of any conflict, the Proposal shall control. Unless otherwise specified, the laws of the State of Colorado shall govern this Agreement.
Customer: Unless otherwise agreed to in writing, the "Customer" is the person to whom the Proposal is addressed, along with his/her employer or agent if it is included as part of the Customer's address. This Customer warrants his/her authority to contract with LAM Tree Service.
Completion: LAM Tree Service agrees to do its best to meet any 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.
Payment: Unless otherwise noted in the Proposal, the Customer agrees to pay the account in full upon completion of work. Failure to remit full payment within 14 days will result in a $25 late fee. A finance charge of 2% per month will be assessed if payment is received after 30 days from date work is completed. There will be an additional $45 fee charged for all checks returned for non-sufficient funds. The Customer agrees to pay all collections costs, including, without limitation, any legal fees and expenses incurred in connection with the collection of a past due account. In the event of any nonpayment by the Customer hereunder, LAM Tree Service may suspend further performance immediately under this Agreement.
Cancellation Fee: The Customer must provide at least 24 hour advanced notice of any full or partial work cancellation. If notice is not received at least 24 hours prior, Customer will be charged a $150 cancellation fee.
Stump Grinding: Unless specified in the Proposal, stump removal is not included in the tree removal price quoted. Grindings from stump removal are not hauled unless specified in the Proposal. Surface and subsurface roots beyond the stump are not removed unless specified in this Proposal. Stumps will be ground to a depth of no more than 6 inches unless specified in writing in the Proposal. LAM Tree Service 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 Customer and a copy of the map is presented before or at the time work is performed.
Tree Ownership: Customer warrants that all trees listed are located on the Customer's property, and, if not, that the Customer has received full permission from the owner to allow LAM Tree Service to perform the work requested in the Proposal. Should any tree be mistakenly identified as to ownership, the Customer agrees to indemnify LAM Tree Service for any damages or costs incurred from the result thereof.
Concealed Contingencies: Any additional work or equipment required to complete the work in the Proposal, caused by the Customer's failure to make known conditions or caused by previously unknown conditions such as, subsequent crown die back, unseen decay or weak limbs, 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. LAM Tree Service 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 Customer and a copy of the map is presented before or at the time work is performed.
Safety: LAM Tree Service warrants that all arboricultural operations will follow the latest version of the ANSI Z133.1 industry safety standards. The Customer agrees not to enter the work area during arboricultural operations unless authorized by the crew leader on-site. The Customer further agrees to keep the work area free and clear from employees, family members, children, and pets.
Insurance: LAM Tree Service warrants that it is insured for liability resulting from injury to person(s) or property and that all employees are covered by Workers' Compensation as required by law. Certificates of coverage are available upon request from our Insurance agent.
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.
Lawn Repair: LAM Tree Service will attempt to minimize all disturbances to the Customer's lawn. Lawn repairs are not included in the contract price unless otherwise noted in the Proposal.
Severability: It is understood and agreed by the parties hereto that, if any part, term, condition or provision of this Agreement is held by the courts to be illegal or in conflict with any law or statute of the State of Colorado, then the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term, condition, or provision so held to be invalid.
Dispute Resolution:In an effort to resolve any conflicts that may arise related to the goods and services provided by LAM Tree Service hereunder, the Client and LAM Tree Service agree that all disputes between them arising out of or relating to the goods and services so provided by LAM Tree Service shall be submitted to non-binding mediation, unless the parties mutually agree otherwise in writing. Non-binding mediation shall be completed within 90 days from the date such dispute arises. In the event that mediation is unsuccessful, such disputes shall be submitted to a court of competent jurisdiction in ____ County, Colorado, which shall be the appropriate jurisdiction and venue for any and all claims or disputes arising out of this Agreement.
Definitions
Ansi A300 Tree Care Definitions
Clean: Selective pruning to remove one or more of the following parts ½ inch or greater: dead, diseased, and/or broken branches.
Crown: The leaves and branches of a tree measured form 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. Default is 8 feet over sidewalks and 14 feet over drives and streets.
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 be removing entire branches. Branches ½ inch and larger will be pruned.
Vista Pruning: Selective pruning to allow a specific view, usually by creating view "windows" through the tree's crown.
Tree Removal: Tree will be removed and all debris hauled away. The stump will be cut as close to grade level as possible without damaging saw.
Plant Health Care Definitions
Protective Treatment: Typically a trunk and large limb spray that helps protect trees from insects that would otherwise damage or kill it. Depending on insect, 1–2 treatments will be recommended per year. Insects generally treated in a "Protective Treatment" include IPS, Zimmerman Moth, Pinyon Pitch Mass Borer, SW Tip Moth, Lilac/Ash Borer, Peach Crown Borer, and Bronze Birch Borer.
Summer Visits:Generally, 3 visits during the growing season where all trees and shrubs are inspected for pests, disease, and environmental issues. Pests and disease are treated at time of inspection. The price is for normal pest and disease problems. There will be an extra charge for trees and shrubs added after signing a contract and/or epidemic problems, such as Emerald Ash Borer, or some other unknown entering the area. Preventative treatments (i.e. IPS on Spruce) are normally not included, and are listed separately having special timing associated with them.
Pest Control Visit: One time inspection and treatment of requested plant(s) for pests and disease. Example: mites, aphids, scales, and beetles.
Fungicide Treatment: Typically a foliar spray applied in 2–3 separate visits, that are 7–10 days apart depending on the plants and types of fungus.
Soil Treatments: We offer several types of soil treatments depending on the tree condition, soil condition, and time of year. The treatments are injected under the drip line of the tree.
