TERMS AND CONDITIONS - Tree Work
Reef Tropical shall furnish all tools, equipment and labor to accomplish work described herein. All operations shall be completed in a substantial and workmanlike manner. Details are to serve as a guide and shall be followed as close as practical. If extraordinary work is needed, you will be contacted and proposed separately.
ACCEPTANCE OF PROPOSAL. This proposal shall remain valid for 30 days from the date submitted to Customer. And will become a binding Agreement/Contract once signed by Customer.
ANSI A300. Contractor will strive to perform tree trimming in accordance to the latest ANSI A300 guide- lines.
SAFETY / WORKING CONDITIONS / UNMARKED UTILITIES. Contractor warrants that all arboricultural operations will follow the latest version of the ANSI Z133 industry safety standards. Customer agrees to not enter the work area during arboricultural operations unless authorized by the crew leader onsite. Customer is responsible for advising Contractor in writing prior to commencement of the work of the location of any life safety systems, utilities, as well as objects or structures which could be damaged by Contractor’s personnel, machinery, materials or vehicles. Customer is responsible for providing ingress and egress to the work site. Contractor's employees shall not be required to work in hazardous, improper or unreasonable conditions, and the Customer agrees to address these conditions to Contractor’s satisfaction as well as cooperate with Contractor to provide a safe and proper working environment and to not interfere with the progress of the work. Contractor is not responsible for damages to underground sprinklers, drain lines, invisible fences or underground cables. The system(s) shall be adequately and accurately mapped by the authorizing party and a copy is presented before or at the time the work is performed.DEBRIS AND/OR STUMP REMOVAL. All debris from tree trimming and tree removal operations shall be cleaned up each day before the work crew leaves the site, unless otherwise coordinated by the Customer and crew leader. All lawn areas shall be raked, streets and sidewalks shall be blown off, and all brush, branches, and logs shall be removed from the site. Process of utilizing a commercial stump grinder to remove stump to a depth of 6-8 inches below ground unless otherwise stated in the proposal. Grindings from stump removal are not hauled off unless specified in the proposal. Surface and subsurface roots beyond the stump are not removed unless specified in the proposal. Unless specified in the proposal, stump removal is not included in the price quoted.
CHANGES AND/OR ALTERATIONS AND/OR ADDITIONAL WORK. In the event there are any changes after Contractor has computed its costs, then it is agreed that the Customer and Contractor shall compute the additional cost for such changes and thereby agree upon the sum to be added to the amount set in this Agreement. Any additional work or equipment required to complete the work, caused by the Customer’s failure to make known or caused previously by unknown 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.
LAWN & SURFACES DAMAGE / REPAIR. Contractor will attempt to minimize all disturbances to the Customer's lawn and surfaces. However, Contractor must utilize vehicles & equipment to perform tree care services. Contractor 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.). All services will be performed in a professional and workmanlike manner.
LICENSES / PERMITS / SUBCONTRACTORS. Contractor is not responsible for licenses or permits necessary to perform services. Additional costs will incur if Customer requests that the Contractor obtain the necessary licenses or permits. Contractor may engage subcontractors to perform work at its discretion, provided that Contractor shall fully pay any subcontractors and in all instances remain responsible for the proper completion of this Contract.
OWNERSHIP & ACCESS. The Customer warrants that all trees are located on the Customer’s property and if not, that the Customer has received full permission from the owner to allow the Contractor to perform the specified work. Should any tree be mistakenly identified as to ownership, the Customer agrees to indemnify the Contractor, it’s employees, agents, and subcontractors for any damages or costs incurred from the result thereof. Customer will provide Contractor, it’s employees, agents, and subcontractors reasonable access to the Property for the purpose of performing the Services. Customer agrees to keep the Property clear of all known and potential hazards. Customer further agrees to keep all pets out of the work area of the Property.
TERMINATION OF CONTRACT: Contractor can terminate this Contract by giving written notice; (a) if Customer fails to make payments required within 5 days of notice of failure to make a payment; or (b) if Customer commits any other material, non-financial breach and fails to correct the breach within 10 days of notice of the breach. Customer can terminate the Contract by giving written notice: (a) if Contractor commits any material breach of this Contract and fails to correct the breach within 10 days of notice of the breach; or (b) if there is any repeated failure by Contractor to provide the Services of an acceptable standard and to the reasonable satisfaction of Customer.
COMPLETION AND ACCEPTANCE. Customer shall immediately inspect the work performed by Contractor and any aspect of the work not acceptable to Customer must be specifically noticed in writing to Contractor within 5 days of Contractor’s performance of its work. Contractor shall then be given a reasonable opportunity to address such issue. A full and complete acceptance of the work shall be presumed upon the Customer making payment.
PAYMENT. We require a credit card on file prior to start of work. Payment schedule should be reflected on proposal. If not, payment is due in full upon signing proposal. In the event any balance due Contractor is not paid within 30 days of Contractor’s invoice, then the Customer shall be in default. Customer shall be responsible to pay interest at the rate of 1½% per month (18% per annum) on any unpaid amount and to pay all costs and expenses, including but not limited to reasonable attorney’s fees and costs, incurred by Contractor in collecting any outstanding amount due under this Agreement, or enforcing its rights hereunder, with or without suit. Proper venue for any litigation stemming from this Agreement will be a court of competent jurisdiction in Miami-Dade County, Florida. Reef Tropical will set the payment schedule and submit to client for approval. Without adherence to the payment schedule, Reef Tropical reserves the right to stop work. Non or late payment will affect the completion time and schedule.
DELINQUENT ACCOUNTS POLICY: Reef Tropical reserves the right to initiate collection procedures if the customer’s account is 90-day past due. Reef Tropical will attempt to collect past due by first calling the customer and then sending an e-mail to the customer. The past due account will be assessed a 2% late fee based on the open balance. If the account continues to be past due after 90 days, 2% will continue to be assessed on the balance due every month thereafter. The customer will continue to receive phone calls and emails from Finance Department every month. If the account continues to be delinquent for 120 days, the customer will then receive a final notification from our Finance Department stating that the credit card or checking account on file will be charged the balance due with 2% late fee accrued or a collections specialist will be contacted. This is the last option and we have hardly ever had to do this.
Jurisdiction Venue: This agreement is enforceable in Miami-Dade County, Broward & Monroe County, as applicable.