The following terms and conditions are a part of the confirmation of work to be performed by Southern Charm Tree Care, LLC and, with the information on the reverse side, or attached, constitute the entire Agreement.
INHERENT HAZARDS AND RISKS
Trees inherently pose a certain degree of hazard and risk from breakage, failure or other causes and conditions. Recommendations that are made by Southern Charm Tree Care, LLC are intended to minimize or reduce risks that may be associated with trees. However, there is no (nor can there be any) guarantee or certainty that efforts to correct unsafe conditions will prevent breakage or failure of a tree. Consulting Arborists use their knowledge of trees to examine and recommend ways to enhance the health of trees and attempt to reduce the risk of living near trees. Trees are complex living organisms subject to many environmental stressors. Consulting Arborist cannot detect every condition that could threaten a tree's health or safety--many conditions occur within the tree or below ground in the root system. Nor can they guarantee the success of any remedial treatment, assure safety, or predict how long a tree may live. Too many uncertainties are beyond their detection and control. Living near trees implies excepting some level of risk of tree failure.
PERFORMANCE BY SOUTHERN CHARM TREE CARE, LLC
Work crews may arrive at the job site unannounced unless otherwise noted herein. Southern Charm Tree Care, LLC, shall attempt to meet all performance dates, but shall not be liable for damages due to delays for inclement weather or other causes beyond its control. The customer shall not be relieved of his responsibility because of delays.
All work will be performed in an appropriate manner by experienced personnel, outfitted with the appropriate tools and equipment to complete the job. Unless otherwise indicated herein, Southern Charm Tree Care, LLC will not remove wood, brush or debris incidental to the work.
Southern Charm Tree Care, LLC is insured for liability resulting from injury to persons or property, and all its employees are covered by Workers Compensation Insurance.
The customer warrants that all trees, plant material and property upon which work is to be performed are either owned by him or that permission for the work has been obtained from the owner. Southern Charm Tree Care, LLC, is to be held harmless from all claims for damages resulting from the failure to obtain such permission.
Customer shall indicate to Southern Charm Tree Care, LLC, the corners of the property and shall assume all responsibility for accuracy of markers. Customer shall give a copy to Southern Charm Tree Care, LLC, of any restrictions, easements, or rights of way prior to commencement.
TERMS OF PAYMENT
All accounts are net payable upon receipt of invoice. A service charge of 1½% per month, which is an annual percentage rate of 18%, will be added to accounts thirty days after invoice date. If outside assistance is used to collect the account, the customer is responsible for all costs associated with the collections including, but not limited to, attorney fees and court costs. Customer agrees that this contract is performable in Brazos County, Texas.
Customer shall obtain and pay for any required permits.
CONCEALED UTITLITY AND IRRIGATION LINES
Customer represents that he has no knowledge of any concealed utility lines other than those, if any, set forth on the face page of this Agreement as a special remark. Southern Charm Tree Care, LLC, shall not be held liable for damages or repairs to any utility line, irrigation system, or infrastructure that is not visible or clearly marked prior to commencement.
ACCESS TO WORK
Customer shall provide free access to work areas for Southern Charm Tree Care, LLC, employees and vehicles and agrees to keep driveways clear and available for movement and parking of required trucks and equipment during normal work hours. Southern Charm Tree Care, LLC, employees shall not be expected to keep gates closed for animals or children. Southern Charm Tree Care, LLC will not be responsible for damage to concrete or pavement if damaged while accessing work area.
Customer agrees to pay Southern Charm Tree Care, LLC 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 trees or branches; rock, pipe or electrical lines encountered in excavations and not described on the face of the Agreement; or any other condition not apparent in estimating the work specified.
Southern Charm Tree Care, LLC, will be responsible for the proper application of any spray formulation that is commonly used in the business to control a specific problem involving trees, shrubs or plants, but will not be responsible for any unforeseen or abnormal reaction resulting from the use of such spray. THE PARTIES AGREE THAT IN NO INSTANCE MAY CUSTOMER SEEK DAMAGES IN EXCESS OF THE CONTRACT PRICE.
Stumps will be cut to within approximately twelve (12) inches of the surrounding ground unless specified to the contrary on the face page of this Agreement. Stump removal is not included in this Agreement unless specifically provided for on the face page hereof.