Terms and Conditions of Tree Service Contract Effective June 06, 2015
I. PERFORMANCE BY TREE DOCTORS INCTree Doctors Inc. (“Tree Doctors”) shall perform the work described on the preceding page (the “Work”) in a professional manner by qualified personnel using appropriate tools, equipment and techniques to complete the job properly and safely. All Work will be supervised by a licensed arborist.
II. TIMINGWork crews will arrive at the job site within a 4 hour time frame on the date scheduled. Tree Doctors staff shall use reasonable efforts to meet all performance dates, but shall not be liable for delays due to inclement weather or other causes beyond their control. An estimate of the number of days to complete the Work and an expected start date are provided as a courtesy only. Any delay in beginning or completing the Work shall not alter or invalidate any part of this contract, nor will they entitle Customer to additional rights or remedies.
III. OWNERSHIP & PERMITTINGCustomer represents and warrants that all trees, plant materials and property upon which Work is to be performed are either owned by Customer or, if not owned by Customer, that the owner of such tress, plant materials and property has authorized Customer to have the Work performed. Customer hereby grants Tree Doctors a license to access and use such trees, plant materials and property in order to perform the Work. Customer shall be responsible for securing any permits or authorizations required to perform the Work and shall provide copies of same to Tree Doctors. The customer agrees that the final decision for tree removal is at the sole discretion of the city. In the event that a permit request is denied, the customer forfeits the 10% deposit as well as any additional fees associated with the Work. Tree Doctors will always use reasonable care in the performance of the Work but shall not be liable for the lawn damage when performing tree services and damages to underground fixtures when doing stump grinding and similar services. If for any reason Customer is not 100% satisfied with the Work, they have 10 business days after completion of to raise their concerns. No complains will be accepted after 10 days from work completion.
IV. CONTRACT PRICEThe contract price shall be as set out on the preceding page and is exclusive of any applicable HST. Any prices specified are valid for up to 3 months from the date of the estimate. If Tree Doctors is required to perform Work in circumstances other than those expressly or reasonably assumed and normally pertaining to work of a similar nature, including any site conditions that were not known to Tree Doctors at the time the quotation was provided, or if there is a change in the scope, timing or complexity of the Work, Tree Doctors shall promptly notify Owner and the parties shall agree on an equitable adjustment to the contract price.
V. TERMS OF PAYMENTCustomer agrees to pay Tree Doctors a non-refundable deposit of 10% of the contract price upon acceptance of the quote as an authorization to proceed with the Work plus the full cost of arborist report and any permit associated fees if applicable. When Tree Doctors has determined that the Work is complete, Tree Doctors will invoice Customer for the remaining 90% of the contract price. The invoice is due upon receipt and interest will begin to accrue on any unpaid balance 30 days after the invoice date, at a rate of 2% per month. If Customer has provided a credit card number to Tree Doctors, Customer authorizes Tree Doctors to charge unpaid amounts to such credit card when due. Payment of any amount shall not be construed as acceptance by Customer of defective Work, and Customer agrees not to withhold any amount invoiced in accordance with this contract for any reason whatsoever. Failure by Customer to pay any amount within 30 days after the invoice date shall constitute a breach of this contract, and in addition to paying Tree Doctors all amounts due hereunder, Customer shall indemnify Tree Doctors for all costs incurred in collecting such unpaid amounts. The acceptable methods of payment are check, cash, e-transfer, debit card, VISA and MasterCard.
VI. TERMINATIONThis contract may be cancelled by Customer by mailing written notice to Tree Doctors no later than 14 days before Work is scheduled to commence. In the event of any such termination, Customer shall forfeit the deposit. Customer may only terminate the Work less than 14 days before the Work is scheduled to commence by paying Tree Doctors for any Work already performed and for any expenses incurred in preparing to perform the Work.
VII. INSURANCE AND LIABILITYTree Doctors has workers compensation insurance (WSIB) in accordance with statutory requirements and a $5,000,000 general liability insurance policy. Tree Doctors agree to provide evidence of insurance on the customer’s request. Tree Doctor’s maximum aggregate liability for damages hereunder shall be the contract price, which limit applies to any and all liabilities of Tree Doctors hereunder, including liability for tort (including negligence and strict liability), and breach of contract. In no event shall Tree Doctors be liable to Customer, irrespective of whether alleged to be by way of a result of breach of contract, tort, (including negligence and strict liability), or any other legal theory, and whether arising before or after the Work, for, and Customer hereby waives any right to, damages that constitute incidental, indirect, exemplary or consequential damages of any nature whatsoever. Customer shall indemnify, defend and hold Tree Doctors Inc. harmless from and against any losses (including legal fees on a full indemnity basis), attributable to or arising out of any breach by Customer of its obligations in this contract. This paragraph shall survive the expiry or any termination of this contract.
VIII. MISCELLANEOUSThis contract shall be governed by the laws of Ontario. This contract contains the entire understanding of Tree Doctors and Customer with respect to the Work and reflects the prior agreements and commitments with respect thereto. There are no other oral understandings, terms or conditions and neither Party has relied upon any representation, express or implied, not contained in this contract. This contract may only be amended by a written amending agreement signed by both Tree Doctors and the Customer. No waiver by either party of any breach or provision of this contract will be binding unless made in writing and any such waiver will extend only to the specific breach or provision waived and not to any future breach. Indemnities against, releases from and limitations and exclusions on liability expressed in this contract will apply even in the case of the fault, negligence or strict liability of the party indemnified or released or whose liability is limited, and will extend to the benefit the officers, directors, employees, agents, representatives, subcontractors and affiliates of such parties.