Athens Tree Service, Inc. Terms and Conditions

1) Parties: This Agreement is made by and between Athens Tree Service, Inc., referred to herein as “Contractor,” and the tree owner(s) or tree owner(s)’s agent(s), collectively referred to herein as “Owner.” Contractor and Owner shall be referred to herein as the “Parties.”

2) Entire Agreement: This Agreement represents the entire agreement between the Parties and supersedes any prior agreements, written or oral. The Agreement may be amended or modified only by a written modification signed by both Parties. No presumption shall be implied because this Agreement was prepared by or at the request of a particular Party or that Party’s counsel.

3) Contract Documents: This Agreement consists of the Estimate (also called "quote or "proposal", but herein referred to only as "estimate", these Terms and Conditions, and any written modifications, signed by both Parties, issued after execution of this Agreement.

4) Contract Sum: The Contract Sum is set forth in the Estimate, is the total amount payable by the Owner to the Contractor for the performance of the Work, as defined herein and includes all services necessary for the completion of the Work.

5) Scope of Work: Contractor will complete the work described in the “Estimate”. No additional work or services is implied or intended.

I. Deadwood Trimming, crown cleaning, and crown thinning: The removal of deadwood from a tree does not include the removal of very small branches or twigs. Any tree part less than 1 foot in length and/or less than 2 inches in diameter is excluded from the scope of work, unless specified.

II. Stump Grinding: Stump grinding converts a stump into mulch, and is an optional service which is not included in the scope or work unless specified in the Estimate. The Work does not include removing or spreading these resulting piles of mulch unless specified in the Estimate. Contractor will grind stumps to 6 inches below ground and approximately 6 inches out from the point where the trunk meets the ground level unless otherwise specified in the Estimate. Some roots will remain because they will be further than 6 inches below the ground or more than 6 inches out from the main stump. The scope of Work does not include re-grading the area around a stump unless specified in the Estimate. "Ground level" is here defined as the point at which the trunk of the tree meets the soil against it and out 6 inches, as opposed to the level of the ground beyond a 6-inch perimeter from this point.

III. Crown Reduction: Crown reduction is a procedure which serves to lessen the risk of entire tree or stem failure by removing branches to lighten the tree and reduce the load on the tree’s support structure. Contractor shall perform crown reductions according to International Society of Arboriculture (ISA) standards makes no assurances and provides no warranty as to the future safety of a tree.

IV. Cabling, bolts, rods, and other tree support systems: These tree support systems are intended to reduce the possibility that the tree fails at a weak union or uproots. Contractor provides no warranty as to the future performance of the system(s) installed by the Contractor and expressly disclaims any liability for property damage or personal injury which results from the failure of a support system or a supported tree.

V. Tree Removal: Tree removal is the removal of an entire tree from the property of the owner. The Owner agrees to all the operations, systems, and equipment deemed necessary by the Contractor to safely complete the work. This includes, but is not limited to: the use of cranes, loaders, heavy trucks, and any other equipment and systems needed to affect the removal and disposal of the tree. The height of the remaining stump will be approximately the same or less than half of the stump’s diameter as measured by the where the roots meet the soil, unless otherwise specified in the Estimate or made impossible by conditions.

VI. Equipment: In order to complete the Work, Contractor will use its equipment and manpower on the Owner’s property and adjacent rights-of-way. Unless otherwise specified in the Estimate, the Owner also agrees to allow Contractor the use of non-public access, such as driveways, turfed areas, and parking areas for the placement and use of Contractor’s equipment. Owner agrees to defend and hold Contractor harmless for any damage that may result from the use of the Contractor’s equipment or manpower in the performance of the Work, including but not limited to: cracking, scraping or buckling of pavement surface, curbing, or gutters on any right-of-way, street, alley, sidewalk, driveway, parking area or path resulting from the placement of equipment necessary to complete the Work; and damage to turf, ivy, ground cover, shrubs or other vegetation.

VII. Services of Subcontractors: Owner agrees to allow any and all Subcontractors hired by Contractor onto Owner’s property to perform the Work pursuant to the Contract.

VIII. Water Damage: During the performance of the Work and when reasonably necessary, Contractor shall place a tarp on the roof in an effort to slow the entry of water into the property; however, Contractor does not guarantee or warrant that no water will enter the property. Therefore, Contractor shall have no liability for water damage that may occur to the property.

IX. Roof Access: Owner agrees to allow Contractor roof access for the completion of the work.

X. Underground Utilities: During the course of the work Contractor will need to move about the property, any underground utilities may be damaged by the weight of the equipment. It is the responsibility of the Owner to make the Contractor aware of any utilities. Any unidentified utilities that are damaged will not be the responsibility of the Contractor. If an identified utility is damaged it will be repaired, but not replaced.

XI. Risk assessment: Risk assessment is an evaluation of a tree(s) or part(s) of a tree(s) health, structural integrity, or defects. It is never a guarantee for safety or intended for use beyond its inherent limitations. No tree, however low its risk value, is safe or immune to failure. Risk assessment is intended, using industry standard processes by the International Society of Arboriculture (ISA), to convey to the Owner the risk of a certain tree(s) or part(s) thereof. It is limited and inherently subjective, and is not a guarantee of safety.

6) Scheduling: Contractor will work with Owner to schedule a mutually acceptable date(s) for the performance of the Work. Once a date for the Work has been scheduled, Contractor must be notified of any requests for rescheduling or cancellation at least forty-eight (48) business hours in advance of scheduled appointments. Contractor reserves the right to delay performance of the Work; such right includes rescheduling for inclement weather and the expectation of inclement weather, equipment loss or breakdown, and other factors that may affect the Contractor's ability to perform the work. Contractor will endeavor to give the Owner reasonable notice of delays and to reschedule the Work at a time mutually agreeable to the Parties. Contractor is not responsible for any monetary loss resulting from delays to the Work. The Owner should avoid parking vehicles in the vicinity of the Work. If any vehicle must be towed or otherwise removed to allow the Work to be completed, Contractor reserves the right to add such costs to the Contract Sum even if not agreed to in advance. Further, the Owner and all others under his/her control specifically assume all risk of personal injury if he/she chooses to stay onsite during the performance of the Work.

7) Clean Up: Contractor will make reasonable efforts to clean up debris resulting from the Work. The Work does not include clean-up or removal of preexisting debris unless specified in the Estimate. Contractor reserves the right to use its choice of equipment and methods standard to the industry to perform the Work. During the performance of the Work, dust and other debris will be blown off of hard surfaces into natural areas such as turf, mulched areas, etc. The Owner acknowledges that settling of debris on areas adjacent to the Work is a necessary and unavoidable consequence of the performance of the Work, and agrees to hold Contractor harmless for same.

8) Payment: Payment is due within 30 days after the Work has been completed. Any payments due hereunder and unpaid after 60 days shall bear interest from the date payment is due at the rate of 1 percent per month. In the event of non-payment by Owner, a lien will be placed on the property for the amount of the unpaid balance plus any applicable interest. Contractor will be entitled to interest and attorney’s fees and costs incurred in any litigation, mediation or arbitration necessitated by non-payment by the Owner.

9) Limitation of Liability/Warranty: Contractor will perform the Work in a diligent and careful manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CONTRACTOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NO REPRESENTATIVE OF CONTRACTOR IS AUTHORIZED TO GIVE ANY ADDITIONAL WARRANTY. Further, Contractor does not represent, warrant, or guarantee that the Work will make any trees safe for any particular use or that the Work will mean that no additional work will be required. Contractor will make every reasonable effort to perform the work in a manner that does not result in property or other damage, possibly including any accidental damage caused by Contractor. The performance of tree removal work, however, is difficult and inherently dangerous, and damage can result even if the Work is performed with care and caution. UNLESS OTHERWISE AGREED TO IN THE ESTIMATE, CONTRACTOR SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Direct damage to property areas not protected in this contract caused by Contractor negligence will be covered by the Contractor. Owner will not hold Contractor liable for any damage resulting from the use of the Contractor’s equipment or manpower in the performance of the Work, including but not limited to: cracking, scraping or buckling of pavement surface, curbing, or gutters on any right-of-way, street, alley, sidewalk, driveway, parking area or path resulting from the placement of equipment necessary to complete the Work, damage to turf, ivy, ground cover, shrubs or other vegetation.

10) Cancellation of the Work: Either Contractor or the Owner may cancel the performance of the Work at any time before the Work begins, except that any cancellation on the part of the Owner must be submitted in writing to Contractor at least forty-eight (48) business hours in advance of the scheduled performance of the Work. Should the Owner cancel any Work within forty-eight (48) business hours or less of the scheduled commencement of the Work, the Owner shall pay a cancellation fee of two hundred dollars ($200.00) or five percent (5.000%) of the total Contract Sum, whichever is greater, on or before the scheduled date of the Work.

11) Dispute Resolution: Any claim, objection or dispute initiated by the Owner must be delivered to Contractor in writing within ten (10) days of the occurrence of the event giving rise to the claim, objection or dispute or shall be deemed waived. In the event of any dispute, claim or controversy among the parties arising out of or relating to this Agreement, the Parties shall endeavor to resolve their claims by mediation. Any claims not resolved in mediation shall be subject to binding arbitration in the State of SC, which, unless the Parties agree otherwise, shall be in accordance with the Commercial Rules of the American Arbitration Association then in effect. Any award entered into by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The cost of the arbitration proceeding and any proceeding in Athens Tree Service, Inc. Terms and Conditions court to confirm or to vacate any arbitration award, as applicable (including, without limitation, each party’s attorneys’ fees and costs), shall be borne by the unsuccessful party.

12) Governing Law: This Contract is governed by the laws of the State of South Carolina, without regard to its conflicts of laws provisions.

13) Personal Guarantee: The signatory to the Agreement agrees to pay and personally guarantee any outstanding balance of the Owner, regardless of the existence of or Contractor’s ability to file a claim of lien.

14) Credit Card Processing Fee: If Owner wishes to pay the bill by credit card a 2% processing fee will be added to contract prices of $10,000.00 or greater by the Contractor.

15) Controlling Document: To the extent that Athens Tree Service, Inc. enters any other contract or agreement with the contracting party for this project containing different or conflicting terms, it is expressly agreed that the terms and conditions of this Agreement shall control.