The Terms and Conditions of this Work Proposal consist of general and special arrangements, provisions. requirements, governing rules, specifications, and standards that form the integral part of the Agreement between both Parties. They are constructed so both Parties who are entering into this contractual agreement are in broad agreement, sharing common ground and hold a general understanding and knowledge covering the ‘Work To Be Performed’ in respect to the Scope of the Customer’s Project. Therefore; upon acceptance of this estimate by the Customer (either electronically through the Company portal, in writing, verbally, or by an affirmative e-mail response), it is agreed by and between American Arborists Ltd. and the authorizing party (customer and/or customer’s agent) that the following provisions are made as part of this contract:
Acceptance Confirmation: Agreement becomes binding upon Customer’s acceptance of the estimate provided by American Arborists Ltd. to commence the work outlined above. The Customer can accept this estimate by –
- Electronic acceptance of the estimate through the online Company portal.
- Sending an acceptance e-mail to the Company.
- Printing, signing, and presenting a paper copy of the estimate.
- Making a verbal acceptance to a Company employee.
Agreement: These ‘Terms and Conditions’, as stated herein, together with the goods and services stated on front of the ‘Estimate’ (hereinafter Agreement), being the estimate proposal, shall be recognized as part of the same contractual document. The Agreement may modify the applicability of these standard terms and conditions. To the extent of any conflict, the Agreement shall control unless otherwise specified on this Agreement form, but shall not override the laws of the State of Nevada which shall govern this all aspects of this Agreement.
Customer: Unless otherwise specified on the Agreement form, the “Customer” claims they are the Owner or authorized agent to whom the Agreement is addressed, and the Customer warrants his/her authority to contract with American Arborists Ltd.
American Arborists Ltd.: Also referred to as the service provider, shall mean any staff member authorized to conduct business in behalf of American Arborists Ltd., and shall be referred to as Arborist, sales agent, agent, or representative or rep. American Arborists Ltd. reserves the right to subcontract any or all labor and services described in the work proposal.
Concealed Contingencies: Any additional work or equipment required to complete the work as stated in the Agreement, caused by the authorizing party’s failure to make known or caused by previously unknown 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 result in a new estimate for the Customer, potentially on a time and material basis. American Arborists Ltd. is not responsible for damages to underground sprinklers, septic system, drain lines, invisible fences or underground cables unless the system(s) are adequately and accurately mapped by the authorizing party and a copy of the map is presented before or at the time the work is performed.
Stump Removal: Unless otherwise specified in the proposal; Stumps will be left flush cut at roughly 6in. above root flare. If stump removal is included in the price quoted, it must be clearly itemized on the agreement. Grindings and shavings from stump removal are not hauled away unless specified in this proposal. Surface and subsurface roots beyond the stump are not removed unless specified in this proposal. Any foreign material in the trunk, surrounding area, 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.
Tree Ownership: The authorizing party warrants that all trees listed are located on the Customer’s property, and, if not, that the authorizing party has received full permission from the owner to allow American Arborists Ltd. to perform the specified work stated in the Agreement. Should any tree be mistakenly identified as to ownership, the Customer agrees to indemnify American Arborists Ltd. for any damages or costs incurred from the result thereof.
Determining Parameters: On tasks where there are no defined parameters, as in subjective pruning tasks, the ultimate decision and final result of the work shall be determined by American Arborists Ltd. as the higher learned specialist to make refined (fine tuning) judgments to the finished product.
Insurance by Service Provider: AMERICAN ARBORISTS LTD. as well as all of its sub-contractors are insured for liability resulting from injury to person(s) or property and meets the Workers’ Compensation requirement as set by the State of Nevada. Certificates of coverage are available upon request.
Payment: Unless otherwise stated in the Agreement, the Customer agrees to pay the amount owed in full upon completion of work, where a receipt will be submitted to the Customer for the amount paid, if requested. Checks should be made payable to American Arborists Ltd. and passed to an AMERICAN ARBORISTS LTD. field Supervisor. Failure to remit full payment within 15 calendar days will result in a $25.00 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 $45.00 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, American Arborists Ltd. may suspend further performance immediately under this Agreement.
Safety: The authorizing party agrees not to enter the work area during arboricultural operations unless authorized by the crew leader on-site. This restriction shall also include their employees, family member, children, and pets to stay clear.
Severability: It is understood and agreed by all 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 Nevada, 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 American Arborists Ltd. both Parties agree that all disputes between them arising out of or relating to the goods and services so provided by American Arborists Ltd. 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 Washoe County, Nevada, which shall be the appropriate jurisdiction and venue for any and all claims or disputes arising out of this Agreement.