Standard Terms and Conditions On Budget Tree Service, LLC Effective August 2017
1. SERVICE: On Budget Tree Service, LLC (herein after "OBTS") will provide the specifically requested and described services as detailed on the Estimate or Invoice as provided to Customer via email, US mail or hand delivery.
2. CONTRACT: Estimate or Invoice becomes the "Contract" upon Customer’s agreement to schedule the services. Services will be provided on the date and time as agreed in writing, either by in-person signature or email confirmation from the customer. Email or text confirmation shall be treated as a signature and approval to schedule work.
3. SCHEDULING: Once Customer agrees to schedule their service, the Contract is binding on both parties. Customer agrees to hire OBTS to provide the service for agreed price upon completion; and OBTS agrees to perform services for payment received. Cancellations for scheduled jobs must be phoned in 72 hours before the scheduled service or will result in 15% cancellation fee.
4. UNAVOIDABLE DELAYS: Services shall be completed by OBTS within a reasonable length of time based on OBTS's service schedule. The fact that services are performed outdoor with complex machinery, scheduling must take into consideration delays caused by weather, or due to riots, strikes, unavoidable accidents, acts of God or the public enemy, catastrophic breakdown of machinery, or other potential delays caused by circumstances beyond OBTS's control. OBTS shall incur no liability for failure of or delay in service or any other cause not within the control of OBTS. OBTS agrees to provided services in a professional manner, in accordance with OBTS’s standard procedures. In the event a delay causes a rescheduling, OBTS will do everything possible to complete the services in a timely manner.
5. FREE ESTIMATES: Upon request, free estimates are provided for services requested by Customer. Estimates are based on the estimated time and resources required to complete requested services. All jobs are unique and each estimate is applicable to the specific services requested. Estimates are not exact, and depending on the time and resources that are actually used in the completion of the service, costs may be more or less than the initial estimate. Adding work to a job after the estimate has been provided will increase the cost of the job.
6. FULL or HALF-DAY RATES: When appropriate, a flat half-day or full-day rate is offered for services. Half-day rate means: Crew arrives on site at approx. 8:45 am and completes the work and clean up by 11:30 am. Day-rate means: Crew arrives on site at approx. 8:45 am and works until 4:30 pm, minus an hour for lunch plus time spent to dump debris off-site if applicable, and completes all that is possible within the day. This includes time to complete the services contracted; and time to clean-up. If more time is required to complete a job the Customer must approve additional time and expense at $300 per hour by management approval. If Customer delays progress by engaging crew in conversation, any additional time required to complete the job is $300 per hour for any portion of an hour spent, added to initial contract and payable upon completion of the job.
7. DAMAGE OR LOSS: In the event that any plants, yard decorations, furniture, irrigation or other improvements which are not able to be moved out of the area of work prior to beginning work, OBTS shall attempt to limit damage to the improvements, but shall not be liable for damage to or loss of any improvements. If improvements are able to be moved and OBTS moves items out of harm’s way as a courtesy, OBTS shall not be responsible if any such item is damaged or destroyed by any cause.
8. CUSTOMER APPROVAL: Customer shall examine and approve the completed work, and upon giving approval, may not make any claim for shortage to OBTS. Once OBTS has left the job after receiving Customer approval of completed service, a fee of not less than $500 may be charged to return to the job site.
9. TERMS OF PAYMENT: Payment terms are as follows: Customer agrees to remit payment in full of the total Contract, plus any additional work added to the original Contract, upon the completion of services provided. Any work added after the Contract is agreed will increase the total balance due and must be paid in full upon completion of the work. Customer may pay by personal check or cash for the full amount of the invoice. Credit cards payments will include a transaction fee of 4% of the balance.
10. COLLECTIONS / DAMAGES: OBTS shall have the right to seek damages, legal and collection fees, and other costs associated with collecting any balance unpaid upon completion of services. OBTS shall in no way be obligated to restore the premises to its original condition as a result of said default in payment.
11. CLEAN UP: OBTS will perform the clean-up from services contracted. OBTS will not be liable for any clean up from work done by others, or debris that was on the ground prior to our service unless agreed in writing.
12. DISPOSAL FEES: In the event disposal fees are necessary, Customer agrees to pay said fees of up to $300/load.
13. TERMS OF SALE: All OBTS proposals and all sales by OBTS are expressly limited to and expressly made conditional upon, the Customer’s acceptance of and assent to the Standard Terms and Conditions of Sale as set forth herein.
14. COMPLETION OF SERVICES: Due to the dangerous conditions in providing tree services, Customer agrees to maintain a safe distance of 60 ft. from the work area, the machinery, and the job as a whole during the service period. Customer agrees to allow access of machinery to the work site. Customer will not unnecessarily engage the crew in conversation so they can perform the work uninterrupted in order to ensure the safety of everyone, and the timely completion. Customers who consistently give orders to the arborists and delay the progress of the job will be asked to leave the work area. No credits or adjustments will be made due to the interruption and loss of productivity caused by the Customer. The Arborists have the right to refuse to remove excessive amounts of limbs for the health of the tree.