Athens Tree Service, Inc. Terms and Conditions
1) Parties: This Agreement is made by and between Athens Tree Service, Inc. and its agents, referred to herein as “Athens,” and the tree owner(s) or tree owner(s)’s agent(s), collectively referred to herein as “Client.” Athens and Client 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 by virtue of the fact that 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 Quote, these Terms and Conditions, and any written modifications signed by both Parties issued after execution of this Agreement. Approving or signing a document containing these Terms and Conditions, the Quote, or any text, email, writing, etc. that grants approval of the same will be considered as valid confirmation by Athens that Client has read, understood, and consented to this Agreement (a copy of these Terms and Conditions is generally posted on the back of every hard copy Quote, attached to digital Quotes or emails, and on Athens’ website, www.athenstree.com, and advertised adequately).
4) Total: The Total is set forth in the Quote, and is the total amount payable by Client to Athens for the performance of the Work, as defined herein and in the Quote. The Total includes all services, material, fees, etc. necessary for the completion of the Work.
5) Scope of Work: Athens will complete the work described in the Quote. No additional work or services is implied or intended.
I. Tree Removal: Tree removal is the removal of an entire tree on the property of Client or a property under the authority of Client. In general, the remaining stump will be cut as low and level to the ground as is both reasonable and possible, with small tree stumps usually only an inch or two high. The height of the remaining stumps of large trees will usually be less than half of the stump’s diameter as measured by the point where the roots meet the soil, unless otherwise specified in the Quote or made impossible by conditions such as massive buttress roots, steep slopes, surrounding obstructions, in-grown foreign objects, etc. Debris removal is not included unless specified in the Quote.
II. Tree pruning and trimming: The Quote will detail the specs and scope of the Work. Athens shall perform the Work in accordance with ANSI A300, ISA and TCIA standards and reserves the right to make adjustments to the scope of the Work as it is performed- such as how much of a branch(s) are removed/reduced, terminal cut locations, and retention/removal of some branches, etc. Athens makes no claims or warranty to the tree’s health or condition. Debris removal is not included unless specified.
a. Deadwood pruning is the removal of dead, dying, broken, and diseased branches from a tree. Client has the option to select from different levels of this service, to be outlined in the Quote. Generally, it does not include the removal of very small branches or twigs, unless specified. Any tree part less than 1 foot in length and/or less than 3 inches in diameter is excluded from the scope of work, unless specified, and some small dead wood will likely remain in a tree despite the most thorough prune.
b. Mistletoe removal pruning is removing mistletoe from a tree. It may also require some heavily infested branch removal but does not include removal of heavily infested branches over 3 inches unless specified. Very small mistletoe or mistletoe that cannot be effectively reached are generally not included unless specified.
c. Crown reduction pruning and end weight reduction pruning is a procedure which serves to lessen the risk of entire tree or stem failure by removing branches or ends of branches (end weight reduction pruning) to lighten the tree and reduce the load on the tree’s structure. Athens shall perform crown reductions and end weight reduction according to stated standards and provides no warranty or guarantee on the resulting stability of the tree.
d. Crown thinning pruning is the selective removal of branches and sprouts in the interior crown of a tree to reduce the density of the canopy and train for a beautiful, mature, and healthy crown. Excessive thinning is harmful and shall be avoided.
e. Crown raising pruning is pruning to elevate the crown of a tree to a specified height above the ground. The target height is approximate and set forth in the Quote. Individual tree structures and scaffold branches may differ significantly and therefore some variation in appearance and height may occur. Removal of large scaffold branches is not included unless specified.
f. Restoration pruning is selective pruning to redevelop the structure, form, and appearance of severely damaged trees.
g. Structural pruning is selective pruning of young trees to improve tree and branch architecture.
h. Crown clean pruning is a thorough pruning process that combines deadwood pruning, mistletoe removal, and crown thinning. It may be combined with other types of pruning also- as outlined in the Quote.
i. Clearance pruning or trimming creates a horizontal and/or vertical clearance from an object such as another plant, landscape feature, building, light, utility line, etc. Clearance work is generally less selective and concerned about the tree, and more concerned about the object. The clearance distance is approximate and outlined in the Quote. Individual tree structures and scaffold branches may differ significantly and therefore some variation in appearance and clearance distance may occur. If Client requires strict clearance creation, Athens may have to prune in ways that may be detrimental to the health and appearance of the tree and Client assumes all such liabilities. Removal/cutting of large stems or scaffold branches is not included unless specified.
III. Stump Grinding: Stump grinding converts a stump into ‘grinds’ or ‘grindings’, and is an optional service which is not included in the scope of work unless specified in the Quote. The Work does not include removing or spreading these resulting piles of ‘grinds’ unless specified in the Quote. Athens will generally grind stumps to around 6 inches below ground level and approximately 6 inches out from the point where the trunk meets the ground level unless otherwise specified in the Quote. 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 Quote. "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.
IV. Debris removal and Clean Up: Athens will make reasonable efforts to clean up debris resulting from the Work. The Work does not include clean-up or removal of pre-existing debris unless specified in the Quote. Athens reserves the right to use its choice of equipment and methods standard to the industry to perform the Work and will operate with a high standard of care and workmanship. During the performance of the Work, dust and other small debris will be blown off of hard surfaces into natural areas such as turf, mulched areas, etc. Client 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 Athens harmless for the same. Hauling debris from premises or re-locating debris on premises is only included in the Work as outlined in the Quote. When debris is left on premises, Athens shall only process the debris as necessary to complete the Work and is not liable for any damages, injuries, or adverse effects resulting from the debris.
V. Emergency/storm tree work: Athens provides such service in the event of failure or imminent failure or a tree or tree part, usually as a result of severe weather, but may occur under normal circumstances. Rates for such work are generally higher due to increased risks, liabilities, and labor costs for employees, as well as the disruptions to life and scheduling. Athens will work with Client and their insurance provider to detail the scope of work and payment. Due to the urgent and often dynamic nature of the work, the Total may not be set forth by the Quote before work begins. Athens will abide by fair and reasonable pricing that reflects current industry standards. Debris removal and roof tarping is not included unless specified.
VI. Forestry mulching: Forestry mulching is the grinding of trees and tree material into mulch that will lie over the work area. Removal of the mulch is not included unless specified. The resulting mulch size will vary and some larger pieces may be in the mix. Grinding is only above ground- stumps can be ground to near ground level but any stump grinding below grind level is a separate process outlined in Section III and is not included unless specified. Athens is not responsible for any adverse effects or damages to remaining trees in the forest.
VII. Cabling, bolts, rods, and other tree support systems: These tree support systems are intended to reduce the possibility that the tree fails at a particular point. Athens provides no warranty as to the future performance of the system(s) installed by Athens and expressly disclaims any liability for property damage or personal injury which results from the failure of a support system or a supported tree. Regular inspection of the support system by a qualified professional is recommended but is the responsibility of Client to schedule such inspections.
VIII. Tree planting: Athens will plant trees in accordance with industry standard best practices (ANSI A300) - as much as the site allows. Athens provides no warranty or guarantee for trees planted, any future work on the trees, or any future damages or injuries from the trees.
IX. Equipment and systems: Client agrees to all the operations, systems, and equipment deemed necessary by Athens to safely complete the work. This includes, but is not limited to: the use of cranes, loaders, heavy trucks, chippers, and any other equipment and systems needed to complete the the Work. Athens will use its equipment and manpower on Client’s property and adjacent right-of-ways. Unless otherwise specified in the Quote, Client also agrees to allow Athens the use of non-public access, such as driveways, turfed areas, natural areas, and parking areas for the placement and use of Athens’ equipment. Client agrees to defend and hold Athens harmless for any damage that may result from the use of Athens’ 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.
X. Services of Subcontractors: Client agrees to allow any and all Subcontractors hired by Athens onto Clients’s property to perform the Work pursuant to the Agreement.
XI. Water Damage: During the performance of the Work and when reasonably necessary (such as during emergency tree work when a structure has sustained damage from a fallen tree or tree part), Athens may place a tarp on the roof in an effort to slow the entry of water into the property; however, Athens does not guarantee or warrant that no water will enter the property. Therefore, Athens shall have no liability for water damage that may occur to the property. Client should contact a qualified professional immediately to ensure that the tarp install and water entry problem is appropriately addressed.
XII. Roof Access: Client agrees to allow Athens roof access for the completion of the work.
XIII. Underground Utilities: During the course of the work Contractor will need to move about the property, and any underground utilities may be damaged by the weight of the equipment. It is the responsibility of Client to make Athens aware of any utilities. Any unidentified utilities that are damaged will not be the responsibility of Athens. If an identified utility is damaged it will be repaired, but not replaced.
XIV. Risk assessments: A 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 Client the risk of a certain tree(s) or part(s) thereof. It is limited and inherently subjective, and is not a guarantee of safety.
XV. Plant health care (PHC): PHC is the diagnosing, monitoring, and management of plant health and includes soil management, pest and disease management, proper cultural practices, and treatments. Athens provides no warranty or guarantee for its PHC services. Client may authorize Athens to apply chemical treatments, fertilizers, etc. for the performance of PHC work. Athens shall apply all chemical applications in accordance with governing laws and ordinances, and according to the directions of the manufacturer(s). Athens assumes no liability for any adverse effect of chemical applications to any tree, plant, turf, garden, animal, person, activity, etc. Client shall notify Athens of any restrictions, allergies, sensitivities, etc. prior to ant chemical application.
6) Scheduling: Athens will work with Client to schedule a mutually acceptable date(s) for the performance of the Work. Once a date for the Work has been scheduled, Athens must be notified of any requests for rescheduling or cancellation at least forty-eight (48) business hours in advance of scheduled appointments. Athens 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 Athens' ability to perform the work. Athens will endeavor to give the Client reasonable notice of delays and to reschedule the Work at a time mutually agreeable to the Parties. Athens is not responsible for any monetary loss resulting from delays to the Work. Client 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, Athens reserves the right to add such costs to the Contract Sum even if not agreed to in advance. Further, Client 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) Standard of care: Athens shall perform the Work in compliance with applicable laws and ordinances as well as ANSI, ISA, and TCIA standards. The Work performed by the contractor shall reflect professional workmanship and quality craftsmanship.
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 Client, a lien will be placed on the property for the amount of the unpaid balance plus any applicable interest. Athens will be entitled to interest and attorney’s fees and costs incurred in any litigation, mediation or arbitration necessitated by non-payment by Client.
9) Limitation of Liability/Warranty: Athens will perform the Work in a diligent and careful manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ATHENS 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, Athens 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. Athens 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 Athens. 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 QUOTE, ATHENS 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 Athens’ negligence, gross negligence, or willful misconduct will be covered by Athens. Client will not hold Athens liable for any damage resulting from the use of the Athens’ 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 (except in the event of gross negligence or willful misconduct on the part of Athens).
10) Cancellation of the Work: Either Athens or Client may cancel the performance of the Work at any time before the Work begins, except that any cancellation on the part of Client must be submitted in writing to Contractor at least forty eight (48) business hours in advance of the scheduled performance of the Work. Should Client cancel any Work within forty eight (48) business hours or less of the scheduled commencement of the Work, client 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. Athens may waive these fees at its discretion.
11) Dispute Resolution: Any claim, objection or dispute initiated by Client must be delivered to Athens 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 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) Media agreement: Client grants Athens permission to obtain and use photos, videos, recordings etc. (collectively herein “media”) of its property. The media collected by Athens may also portray people on or near the property (including Client). Athens may use the media for documentation, training, promotions, advertising, website, social media, and internal/external communication uses. Athens provides no compensation for the media or any derived works. Client acknowledges that the media is the property of Athens and Client retains no ownership or control. Client understands that the media may be edited, copied, published, or distributed and acknowledges that the media may be worldwide and perpetual and used on various media outlets and formats, whether now known or hereafter created. Client holds Athens harmless in regards to all media and its use.
13) Governing Law: This Agreement is governed by the laws of the State of South Carolina, without regard to its conflict of laws principles.
14) Personal Guarantee: The signatory to the Agreement agrees to pay and personally guarantee any outstanding balance of the Client, regardless of the existence of or Athens’ ability to file a claim of lien.
15) Authority: The Client states that it has the right to authorize the Work to be done by Athens and is doing so in accordance with all laws, ordinances, covenants, codes, authorities, etc. and appropriate notices have been both issued and approved.
16) Credit Card Processing Fee: If Client wishes to pay the bill by credit card a 2% processing fee may be added to the contract price by Athens.
17) 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.
Athens Tree Service, Inc. Terms and Conditions
1) Parties: This Agreement is made by and between Athens Tree Service, Inc. and its agents, referred to herein as “Athens,” and the tree owner(s) or tree owner(s)’s agent(s), collectively referred to herein as “Client.” Athens and Client 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 by virtue of the fact that 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 Quote, these Terms and Conditions, and any written modifications signed by both Parties issued after execution of this Agreement. Approving or signing a document containing these Terms and Conditions, the Quote, or any text, email, writing, etc. that grants approval of the same will be considered as valid confirmation by Athens that Client has read, understood, and consented to this Agreement (a copy of these Terms and Conditions is generally posted on the back of every hard copy Quote, attached to digital Quotes or emails, and on Athens’ website, www.athenstree.com, and advertised adequately).
4) Total: The Total is set forth in the Quote, and is the total amount payable by Client to Athens for the performance of the Work, as defined herein and in the Quote. The Total includes all services, material, fees, etc. necessary for the completion of the Work.
5) Scope of Work: Athens will complete the work described in the Quote. No additional work or services is implied or intended.
I. Tree Removal: Tree removal is the removal of an entire tree on the property of Client or a property under the authority of Client. In general, the remaining stump will be cut as low and level to the ground as is both reasonable and possible, with small tree stumps usually only an inch or two high. The height of the remaining stumps of large trees will usually be less than half of the stump’s diameter as measured by the point where the roots meet the soil, unless otherwise specified in the Quote or made impossible by conditions such as massive buttress roots, steep slopes, surrounding obstructions, in-grown foreign objects, etc. Debris removal is not included unless specified in the Quote.
II. Tree pruning and trimming: The Quote will detail the specs and scope of the Work. Athens shall perform the Work in accordance with ANSI A300, ISA and TCIA standards and reserves the right to make adjustments to the scope of the Work as it is performed- such as how much of a branch(s) are removed/reduced, terminal cut locations, and retention/removal of some branches, etc. Athens makes no claims or warranty to the tree’s health or condition. Debris removal is not included unless specified.
a. Deadwood pruning is the removal of dead, dying, broken, and diseased branches from a tree. Client has the option to select from different levels of this service, to be outlined in the Quote. Generally, it does not include the removal of very small branches or twigs, unless specified. Any tree part less than 1 foot in length and/or less than 3 inches in diameter is excluded from the scope of work, unless specified, and some small dead wood will likely remain in a tree despite the most thorough prune.
b. Mistletoe removal pruning is removing mistletoe from a tree. It may also require some heavily infested branch removal but does not include removal of heavily infested branches over 3 inches unless specified. Very small mistletoe or mistletoe that cannot be effectively reached are generally not included unless specified.
c. Crown reduction pruning and end weight reduction pruning is a procedure which serves to lessen the risk of entire tree or stem failure by removing branches or ends of branches (end weight reduction pruning) to lighten the tree and reduce the load on the tree’s structure. Athens shall perform crown reductions and end weight reduction according to stated standards and provides no warranty or guarantee on the resulting stability of the tree.
d. Crown thinning pruning is the selective removal of branches and sprouts in the interior crown of a tree to reduce the density of the canopy and train for a beautiful, mature, and healthy crown. Excessive thinning is harmful and shall be avoided.
e. Crown raising pruning is pruning to elevate the crown of a tree to a specified height above the ground. The target height is approximate and set forth in the Quote. Individual tree structures and scaffold branches may differ significantly and therefore some variation in appearance and height may occur. Removal of large scaffold branches is not included unless specified.
f. Restoration pruning is selective pruning to redevelop the structure, form, and appearance of severely damaged trees.
g. Structural pruning is selective pruning of young trees to improve tree and branch architecture.
h. Crown clean pruning is a thorough pruning process that combines deadwood pruning, mistletoe removal, and crown thinning. It may be combined with other types of pruning also- as outlined in the Quote.
i. Clearance pruning or trimming creates a horizontal and/or vertical clearance from an object such as another plant, landscape feature, building, light, utility line, etc. Clearance work is generally less selective and concerned about the tree, and more concerned about the object. The clearance distance is approximate and outlined in the Quote. Individual tree structures and scaffold branches may differ significantly and therefore some variation in appearance and clearance distance may occur. If Client requires strict clearance creation, Athens may have to prune in ways that may be detrimental to the health and appearance of the tree and Client assumes all such liabilities. Removal/cutting of large stems or scaffold branches is not included unless specified.
III. Stump Grinding: Stump grinding converts a stump into ‘grinds’ or ‘grindings’, and is an optional service which is not included in the scope of work unless specified in the Quote. The Work does not include removing or spreading these resulting piles of ‘grinds’ unless specified in the Quote. Athens will generally grind stumps to around 6 inches below ground level and approximately 6 inches out from the point where the trunk meets the ground level unless otherwise specified in the Quote. 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 Quote. "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.
IV. Debris removal and Clean Up: Athens will make reasonable efforts to clean up debris resulting from the Work. The Work does not include clean-up or removal of pre-existing debris unless specified in the Quote. Athens reserves the right to use its choice of equipment and methods standard to the industry to perform the Work and will operate with a high standard of care and workmanship. During the performance of the Work, dust and other small debris will be blown off of hard surfaces into natural areas such as turf, mulched areas, etc. Client 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 Athens harmless for the same. Hauling debris from premises or re-locating debris on premises is only included in the Work as outlined in the Quote. When debris is left on premises, Athens shall only process the debris as necessary to complete the Work and is not liable for any damages, injuries, or adverse effects resulting from the debris.
V. Emergency/storm tree work: Athens provides such service in the event of failure or imminent failure or a tree or tree part, usually as a result of severe weather, but may occur under normal circumstances. Rates for such work are generally higher due to increased risks, liabilities, and labor costs for employees, as well as the disruptions to life and scheduling. Athens will work with Client and their insurance provider to detail the scope of work and payment. Due to the urgent and often dynamic nature of the work, the Total may not be set forth by the Quote before work begins. Athens will abide by fair and reasonable pricing that reflects current industry standards. Debris removal and roof tarping is not included unless specified.
VI. Forestry mulching: Forestry mulching is the grinding of trees and tree material into mulch that will lie over the work area. Removal of the mulch is not included unless specified. The resulting mulch size will vary and some larger pieces may be in the mix. Grinding is only above ground- stumps can be ground to near ground level but any stump grinding below grind level is a separate process outlined in Section III and is not included unless specified. Athens is not responsible for any adverse effects or damages to remaining trees in the forest.
VII. Cabling, bolts, rods, and other tree support systems: These tree support systems are intended to reduce the possibility that the tree fails at a particular point. Athens provides no warranty as to the future performance of the system(s) installed by Athens and expressly disclaims any liability for property damage or personal injury which results from the failure of a support system or a supported tree. Regular inspection of the support system by a qualified professional is recommended but is the responsibility of Client to schedule such inspections.
VIII. Tree planting: Athens will plant trees in accordance with industry standard best practices (ANSI A300) - as much as the site allows. Athens provides no warranty or guarantee for trees planted, any future work on the trees, or any future damages or injuries from the trees.
IX. Equipment and systems: Client agrees to all the operations, systems, and equipment deemed necessary by Athens to safely complete the work. This includes, but is not limited to: the use of cranes, loaders, heavy trucks, chippers, and any other equipment and systems needed to complete the the Work. Athens will use its equipment and manpower on Client’s property and adjacent right-of-ways. Unless otherwise specified in the Quote, Client also agrees to allow Athens the use of non-public access, such as driveways, turfed areas, natural areas, and parking areas for the placement and use of Athens’ equipment. Client agrees to defend and hold Athens harmless for any damage that may result from the use of Athens’ 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.
X. Services of Subcontractors: Client agrees to allow any and all Subcontractors hired by Athens onto Clients’s property to perform the Work pursuant to the Agreement.
XI. Water Damage: During the performance of the Work and when reasonably necessary (such as during emergency tree work when a structure has sustained damage from a fallen tree or tree part), Athens may place a tarp on the roof in an effort to slow the entry of water into the property; however, Athens does not guarantee or warrant that no water will enter the property. Therefore, Athens shall have no liability for water damage that may occur to the property. Client should contact a qualified professional immediately to ensure that the tarp install and water entry problem is appropriately addressed.
XII. Roof Access: Client agrees to allow Athens roof access for the completion of the work.
XIII. Underground Utilities: During the course of the work Contractor will need to move about the property, and any underground utilities may be damaged by the weight of the equipment. It is the responsibility of Client to make Athens aware of any utilities. Any unidentified utilities that are damaged will not be the responsibility of Athens. If an identified utility is damaged it will be repaired, but not replaced.
XIV. Risk assessments: A 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 Client the risk of a certain tree(s) or part(s) thereof. It is limited and inherently subjective, and is not a guarantee of safety.
XV. Plant health care (PHC): PHC is the diagnosing, monitoring, and management of plant health and includes soil management, pest and disease management, proper cultural practices, and treatments. Athens provides no warranty or guarantee for its PHC services. Client may authorize Athens to apply chemical treatments, fertilizers, etc. for the performance of PHC work. Athens shall apply all chemical applications in accordance with governing laws and ordinances, and according to the directions of the manufacturer(s). Athens assumes no liability for any adverse effect of chemical applications to any tree, plant, turf, garden, animal, person, activity, etc. Client shall notify Athens of any restrictions, allergies, sensitivities, etc. prior to ant chemical application.
6) Scheduling: Athens will work with Client to schedule a mutually acceptable date(s) for the performance of the Work. Once a date for the Work has been scheduled, Athens must be notified of any requests for rescheduling or cancellation at least forty-eight (48) business hours in advance of scheduled appointments. Athens 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 Athens' ability to perform the work. Athens will endeavor to give the Client reasonable notice of delays and to reschedule the Work at a time mutually agreeable to the Parties. Athens is not responsible for any monetary loss resulting from delays to the Work. Client 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, Athens reserves the right to add such costs to the Contract Sum even if not agreed to in advance. Further, Client 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) Standard of care: Athens shall perform the Work in compliance with applicable laws and ordinances as well as ANSI, ISA, and TCIA standards. The Work performed by the contractor shall reflect professional workmanship and quality craftsmanship.
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 Client, a lien will be placed on the property for the amount of the unpaid balance plus any applicable interest. Athens will be entitled to interest and attorney’s fees and costs incurred in any litigation, mediation or arbitration necessitated by non-payment by Client.
9) Limitation of Liability/Warranty: Athens will perform the Work in a diligent and careful manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ATHENS 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, Athens 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. Athens 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 Athens. 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 QUOTE, ATHENS 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 Athens’ negligence, gross negligence, or willful misconduct will be covered by Athens. Client will not hold Athens liable for any damage resulting from the use of the Athens’ 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 (except in the event of gross negligence or willful misconduct on the part of Athens).
10) Cancellation of the Work: Either Athens or Client may cancel the performance of the Work at any time before the Work begins, except that any cancellation on the part of Client must be submitted in writing to Contractor at least forty eight (48) business hours in advance of the scheduled performance of the Work. Should Client cancel any Work within forty eight (48) business hours or less of the scheduled commencement of the Work, client 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. Athens may waive these fees at its discretion.
11) Dispute Resolution: Any claim, objection or dispute initiated by Client must be delivered to Athens 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 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) Media agreement: Client grants Athens permission to obtain and use photos, videos, recordings etc. (collectively herein “media”) of its property. The media collected by Athens may also portray people on or near the property (including Client). Athens may use the media for documentation, training, promotions, advertising, website, social media, and internal/external communication uses. Athens provides no compensation for the media or any derived works. Client acknowledges that the media is the property of Athens and Client retains no ownership or control. Client understands that the media may be edited, copied, published, or distributed and acknowledges that the media may be worldwide and perpetual and used on various media outlets and formats, whether now known or hereafter created. Client holds Athens harmless in regards to all media and its use.
13) Governing Law: This Agreement is governed by the laws of the State of South Carolina, without regard to its conflict of laws principles.
14) Personal Guarantee: The signatory to the Agreement agrees to pay and personally guarantee any outstanding balance of the Client, regardless of the existence of or Athens’ ability to file a claim of lien.
15) Authority: The Client states that it has the right to authorize the Work to be done by Athens and is doing so in accordance with all laws, ordinances, covenants, codes, authorities, etc. and appropriate notices have been both issued and approved.
16) Credit Card Processing Fee: If Client wishes to pay the bill by credit card a 2% processing fee may be added to the contract price by Athens.
17) 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.
Athens Tree Service, Inc. Terms and Conditions
1) Parties: This Agreement is made by and between Athens Tree Service, Inc. and its agents, referred to herein as “Athens,” and the tree owner(s) or tree owner(s)’s agent(s), collectively referred to herein as “Client.” Athens and Client 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 by virtue of the fact that 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 Quote, these Terms and Conditions, and any written modifications signed by both Parties issued after execution of this Agreement. Approving or signing a document containing these Terms and Conditions, the Quote, or any text, email, writing, etc. that grants approval of the same will be considered as valid confirmation by Athens that Client has read, understood, and consented to this Agreement (a copy of these Terms and Conditions is generally posted on the back of every hard copy Quote, attached to digital Quotes or emails, and on Athens’ website, www.athenstree.com, and advertised adequately).
4) Total: The Total is set forth in the Quote, and is the total amount payable by Client to Athens for the performance of the Work, as defined herein and in the Quote. The Total includes all services, material, fees, etc. necessary for the completion of the Work.
5) Scope of Work: Athens will complete the work described in the Quote. No additional work or services is implied or intended.
I. Tree Removal: Tree removal is the removal of an entire tree on the property of Client or a property under the authority of Client. In general, the remaining stump will be cut as low and level to the ground as is both reasonable and possible, with small tree stumps usually only an inch or two high. The height of the remaining stumps of large trees will usually be less than half of the stump’s diameter as measured by the point where the roots meet the soil, unless otherwise specified in the Quote or made impossible by conditions such as massive buttress roots, steep slopes, surrounding obstructions, in-grown foreign objects, etc. Debris removal is not included unless specified in the Quote.
II. Tree pruning and trimming: The Quote will detail the specs and scope of the Work. Athens shall perform the Work in accordance with ANSI A300, ISA and TCIA standards and reserves the right to make adjustments to the scope of the Work as it is performed- such as how much of a branch(s) are removed/reduced, terminal cut locations, and retention/removal of some branches, etc. Athens makes no claims or warranty to the tree’s health or condition. Debris removal is not included unless specified.
a. Deadwood pruning is the removal of dead, dying, broken, and diseased branches from a tree. Client has the option to select from different levels of this service, to be outlined in the Quote. Generally, it does not include the removal of very small branches or twigs, unless specified. Any tree part less than 1 foot in length and/or less than 3 inches in diameter is excluded from the scope of work, unless specified, and some small dead wood will likely remain in a tree despite the most thorough prune.
b. Mistletoe removal pruning is removing mistletoe from a tree. It may also require some heavily infested branch removal but does not include removal of heavily infested branches over 3 inches unless specified. Very small mistletoe or mistletoe that cannot be effectively reached are generally not included unless specified.
c. Crown reduction pruning and end weight reduction pruning is a procedure which serves to lessen the risk of entire tree or stem failure by removing branches or ends of branches (end weight reduction pruning) to lighten the tree and reduce the load on the tree’s structure. Athens shall perform crown reductions and end weight reduction according to stated standards and provides no warranty or guarantee on the resulting stability of the tree.
d. Crown thinning pruning is the selective removal of branches and sprouts in the interior crown of a tree to reduce the density of the canopy and train for a beautiful, mature, and healthy crown. Excessive thinning is harmful and shall be avoided.
e. Crown raising pruning is pruning to elevate the crown of a tree to a specified height above the ground. The target height is approximate and set forth in the Quote. Individual tree structures and scaffold branches may differ significantly and therefore some variation in appearance and height may occur. Removal of large scaffold branches is not included unless specified.
f. Restoration pruning is selective pruning to redevelop the structure, form, and appearance of severely damaged trees.
g. Structural pruning is selective pruning of young trees to improve tree and branch architecture.
h. Crown clean pruning is a thorough pruning process that combines deadwood pruning, mistletoe removal, and crown thinning. It may be combined with other types of pruning also- as outlined in the Quote.
i. Clearance pruning or trimming creates a horizontal and/or vertical clearance from an object such as another plant, landscape feature, building, light, utility line, etc. Clearance work is generally less selective and concerned about the tree, and more concerned about the object. The clearance distance is approximate and outlined in the Quote. Individual tree structures and scaffold branches may differ significantly and therefore some variation in appearance and clearance distance may occur. If Client requires strict clearance creation, Athens may have to prune in ways that may be detrimental to the health and appearance of the tree and Client assumes all such liabilities. Removal/cutting of large stems or scaffold branches is not included unless specified.
III. Stump Grinding: Stump grinding converts a stump into ‘grinds’ or ‘grindings’, and is an optional service which is not included in the scope of work unless specified in the Quote. The Work does not include removing or spreading these resulting piles of ‘grinds’ unless specified in the Quote. Athens will generally grind stumps to around 6 inches below ground level and approximately 6 inches out from the point where the trunk meets the ground level unless otherwise specified in the Quote. 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 Quote. "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.
IV. Debris removal and Clean Up: Athens will make reasonable efforts to clean up debris resulting from the Work. The Work does not include clean-up or removal of pre-existing debris unless specified in the Quote. Athens reserves the right to use its choice of equipment and methods standard to the industry to perform the Work and will operate with a high standard of care and workmanship. During the performance of the Work, dust and other small debris will be blown off of hard surfaces into natural areas such as turf, mulched areas, etc. Client 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 Athens harmless for the same. Hauling debris from premises or re-locating debris on premises is only included in the Work as outlined in the Quote. When debris is left on premises, Athens shall only process the debris as necessary to complete the Work and is not liable for any damages, injuries, or adverse effects resulting from the debris.
V. Emergency/storm tree work: Athens provides such service in the event of failure or imminent failure or a tree or tree part, usually as a result of severe weather, but may occur under normal circumstances. Rates for such work are generally higher due to increased risks, liabilities, and labor costs for employees, as well as the disruptions to life and scheduling. Athens will work with Client and their insurance provider to detail the scope of work and payment. Due to the urgent and often dynamic nature of the work, the Total may not be set forth by the Quote before work begins. Athens will abide by fair and reasonable pricing that reflects current industry standards. Debris removal and roof tarping is not included unless specified.
VI. Forestry mulching: Forestry mulching is the grinding of trees and tree material into mulch that will lie over the work area. Removal of the mulch is not included unless specified. The resulting mulch size will vary and some larger pieces may be in the mix. Grinding is only above ground- stumps can be ground to near ground level but any stump grinding below grind level is a separate process outlined in Section III and is not included unless specified. Athens is not responsible for any adverse effects or damages to remaining trees in the forest.
VII. Cabling, bolts, rods, and other tree support systems: These tree support systems are intended to reduce the possibility that the tree fails at a particular point. Athens provides no warranty as to the future performance of the system(s) installed by Athens and expressly disclaims any liability for property damage or personal injury which results from the failure of a support system or a supported tree. Regular inspection of the support system by a qualified professional is recommended but is the responsibility of Client to schedule such inspections.
VIII. Tree planting: Athens will plant trees in accordance with industry standard best practices (ANSI A300) - as much as the site allows. Athens provides no warranty or guarantee for trees planted, any future work on the trees, or any future damages or injuries from the trees.
IX. Equipment and systems: Client agrees to all the operations, systems, and equipment deemed necessary by Athens to safely complete the work. This includes, but is not limited to: the use of cranes, loaders, heavy trucks, chippers, and any other equipment and systems needed to complete the the Work. Athens will use its equipment and manpower on Client’s property and adjacent right-of-ways. Unless otherwise specified in the Quote, Client also agrees to allow Athens the use of non-public access, such as driveways, turfed areas, natural areas, and parking areas for the placement and use of Athens’ equipment. Client agrees to defend and hold Athens harmless for any damage that may result from the use of Athens’ 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.
X. Services of Subcontractors: Client agrees to allow any and all Subcontractors hired by Athens onto Clients’s property to perform the Work pursuant to the Agreement.
XI. Water Damage: During the performance of the Work and when reasonably necessary (such as during emergency tree work when a structure has sustained damage from a fallen tree or tree part), Athens may place a tarp on the roof in an effort to slow the entry of water into the property; however, Athens does not guarantee or warrant that no water will enter the property. Therefore, Athens shall have no liability for water damage that may occur to the property. Client should contact a qualified professional immediately to ensure that the tarp install and water entry problem is appropriately addressed.
XII. Roof Access: Client agrees to allow Athens roof access for the completion of the work.
XIII. Underground Utilities: During the course of the work Contractor will need to move about the property, and any underground utilities may be damaged by the weight of the equipment. It is the responsibility of Client to make Athens aware of any utilities. Any unidentified utilities that are damaged will not be the responsibility of Athens. If an identified utility is damaged it will be repaired, but not replaced.
XIV. Risk assessments: A 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 Client the risk of a certain tree(s) or part(s) thereof. It is limited and inherently subjective, and is not a guarantee of safety.
XV. Plant health care (PHC): PHC is the diagnosing, monitoring, and management of plant health and includes soil management, pest and disease management, proper cultural practices, and treatments. Athens provides no warranty or guarantee for its PHC services. Client may authorize Athens to apply chemical treatments, fertilizers, etc. for the performance of PHC work. Athens shall apply all chemical applications in accordance with governing laws and ordinances, and according to the directions of the manufacturer(s). Athens assumes no liability for any adverse effect of chemical applications to any tree, plant, turf, garden, animal, person, activity, etc. Client shall notify Athens of any restrictions, allergies, sensitivities, etc. prior to ant chemical application.
6) Scheduling: Athens will work with Client to schedule a mutually acceptable date(s) for the performance of the Work. Once a date for the Work has been scheduled, Athens must be notified of any requests for rescheduling or cancellation at least forty-eight (48) business hours in advance of scheduled appointments. Athens 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 Athens' ability to perform the work. Athens will endeavor to give the Client reasonable notice of delays and to reschedule the Work at a time mutually agreeable to the Parties. Athens is not responsible for any monetary loss resulting from delays to the Work. Client 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, Athens reserves the right to add such costs to the Contract Sum even if not agreed to in advance. Further, Client 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) Standard of care: Athens shall perform the Work in compliance with applicable laws and ordinances as well as ANSI, ISA, and TCIA standards. The Work performed by the contractor shall reflect professional workmanship and quality craftsmanship.
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 Client, a lien will be placed on the property for the amount of the unpaid balance plus any applicable interest. Athens will be entitled to interest and attorney’s fees and costs incurred in any litigation, mediation or arbitration necessitated by non-payment by Client.
9) Limitation of Liability/Warranty: Athens will perform the Work in a diligent and careful manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ATHENS 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, Athens 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. Athens 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 Athens. 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 QUOTE, ATHENS 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 Athens’ negligence, gross negligence, or willful misconduct will be covered by Athens. Client will not hold Athens liable for any damage resulting from the use of the Athens’ 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 (except in the event of gross negligence or willful misconduct on the part of Athens).
10) Cancellation of the Work: Either Athens or Client may cancel the performance of the Work at any time before the Work begins, except that any cancellation on the part of Client must be submitted in writing to Contractor at least forty eight (48) business hours in advance of the scheduled performance of the Work. Should Client cancel any Work within forty eight (48) business hours or less of the scheduled commencement of the Work, client 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. Athens may waive these fees at its discretion.
11) Dispute Resolution: Any claim, objection or dispute initiated by Client must be delivered to Athens 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 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) Media agreement: Client grants Athens permission to obtain and use photos, videos, recordings etc. (collectively herein “media”) of its property. The media collected by Athens may also portray people on or near the property (including Client). Athens may use the media for documentation, training, promotions, advertising, website, social media, and internal/external communication uses. Athens provides no compensation for the media or any derived works. Client acknowledges that the media is the property of Athens and Client retains no ownership or control. Client understands that the media may be edited, copied, published, or distributed and acknowledges that the media may be worldwide and perpetual and used on various media outlets and formats, whether now known or hereafter created. Client holds Athens harmless in regards to all media and its use.
13) Governing Law: This Agreement is governed by the laws of the State of South Carolina, without regard to its conflict of laws principles.
14) Personal Guarantee: The signatory to the Agreement agrees to pay and personally guarantee any outstanding balance of the Client, regardless of the existence of or Athens’ ability to file a claim of lien.
15) Authority: The Client states that it has the right to authorize the Work to be done by Athens and is doing so in accordance with all laws, ordinances, covenants, codes, authorities, etc. and appropriate notices have been both issued and approved.
16) Credit Card Processing Fee: If Client wishes to pay the bill by credit card a 2% processing fee may be added to the contract price by Athens.
17) 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.
Athens Tree Service, Inc. Terms and Conditions
1) Parties: This Agreement is made by and between Athens Tree Service, Inc. and its agents, referred to herein as “Athens,” and the tree owner(s) or tree owner(s)’s agent(s), collectively referred to herein as “Client.” Athens and Client 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 by virtue of the fact that 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 Quote, these Terms and Conditions, and any written modifications signed by both Parties issued after execution of this Agreement. Approving or signing a document containing these Terms and Conditions, the Quote, or any text, email, writing, etc. that grants approval of the same will be considered as valid confirmation by Athens that Client has read, understood, and consented to this Agreement (a copy of these Terms and Conditions is generally posted on the back of every hard copy Quote, attached to digital Quotes or emails, and on Athens’ website, www.athenstree.com, and advertised adequately).
4) Total: The Total is set forth in the Quote, and is the total amount payable by Client to Athens for the performance of the Work, as defined herein and in the Quote. The Total includes all services, material, fees, etc. necessary for the completion of the Work.
5) Scope of Work: Athens will complete the work described in the Quote. No additional work or services is implied or intended.
I. Tree Removal: Tree removal is the removal of an entire tree on the property of Client or a property under the authority of Client. In general, the remaining stump will be cut as low and level to the ground as is both reasonable and possible, with small tree stumps usually only an inch or two high. The height of the remaining stumps of large trees will usually be less than half of the stump’s diameter as measured by the point where the roots meet the soil, unless otherwise specified in the Quote or made impossible by conditions such as massive buttress roots, steep slopes, surrounding obstructions, in-grown foreign objects, etc. Debris removal is not included unless specified in the Quote.
II. Tree pruning and trimming: The Quote will detail the specs and scope of the Work. Athens shall perform the Work in accordance with ANSI A300, ISA and TCIA standards and reserves the right to make adjustments to the scope of the Work as it is performed- such as how much of a branch(s) are removed/reduced, terminal cut locations, and retention/removal of some branches, etc. Athens makes no claims or warranty to the tree’s health or condition. Debris removal is not included unless specified.
a. Deadwood pruning is the removal of dead, dying, broken, and diseased branches from a tree. Client has the option to select from different levels of this service, to be outlined in the Quote. Generally, it does not include the removal of very small branches or twigs, unless specified. Any tree part less than 1 foot in length and/or less than 3 inches in diameter is excluded from the scope of work, unless specified, and some small dead wood will likely remain in a tree despite the most thorough prune.
b. Mistletoe removal pruning is removing mistletoe from a tree. It may also require some heavily infested branch removal but does not include removal of heavily infested branches over 3 inches unless specified. Very small mistletoe or mistletoe that cannot be effectively reached are generally not included unless specified.
c. Crown reduction pruning and end weight reduction pruning is a procedure which serves to lessen the risk of entire tree or stem failure by removing branches or ends of branches (end weight reduction pruning) to lighten the tree and reduce the load on the tree’s structure. Athens shall perform crown reductions and end weight reduction according to stated standards and provides no warranty or guarantee on the resulting stability of the tree.
d. Crown thinning pruning is the selective removal of branches and sprouts in the interior crown of a tree to reduce the density of the canopy and train for a beautiful, mature, and healthy crown. Excessive thinning is harmful and shall be avoided.
e. Crown raising pruning is pruning to elevate the crown of a tree to a specified height above the ground. The target height is approximate and set forth in the Quote. Individual tree structures and scaffold branches may differ significantly and therefore some variation in appearance and height may occur. Removal of large scaffold branches is not included unless specified.
f. Restoration pruning is selective pruning to redevelop the structure, form, and appearance of severely damaged trees.
g. Structural pruning is selective pruning of young trees to improve tree and branch architecture.
h. Crown clean pruning is a thorough pruning process that combines deadwood pruning, mistletoe removal, and crown thinning. It may be combined with other types of pruning also- as outlined in the Quote.
i. Clearance pruning or trimming creates a horizontal and/or vertical clearance from an object such as another plant, landscape feature, building, light, utility line, etc. Clearance work is generally less selective and concerned about the tree, and more concerned about the object. The clearance distance is approximate and outlined in the Quote. Individual tree structures and scaffold branches may differ significantly and therefore some variation in appearance and clearance distance may occur. If Client requires strict clearance creation, Athens may have to prune in ways that may be detrimental to the health and appearance of the tree and Client assumes all such liabilities. Removal/cutting of large stems or scaffold branches is not included unless specified.
III. Stump Grinding: Stump grinding converts a stump into ‘grinds’ or ‘grindings’, and is an optional service which is not included in the scope of work unless specified in the Quote. The Work does not include removing or spreading these resulting piles of ‘grinds’ unless specified in the Quote. Athens will generally grind stumps to around 6 inches below ground level and approximately 6 inches out from the point where the trunk meets the ground level unless otherwise specified in the Quote. 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 Quote. "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.
IV. Debris removal and Clean Up: Athens will make reasonable efforts to clean up debris resulting from the Work. The Work does not include clean-up or removal of pre-existing debris unless specified in the Quote. Athens reserves the right to use its choice of equipment and methods standard to the industry to perform the Work and will operate with a high standard of care and workmanship. During the performance of the Work, dust and other small debris will be blown off of hard surfaces into natural areas such as turf, mulched areas, etc. Client 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 Athens harmless for the same. Hauling debris from premises or re-locating debris on premises is only included in the Work as outlined in the Quote. When debris is left on premises, Athens shall only process the debris as necessary to complete the Work and is not liable for any damages, injuries, or adverse effects resulting from the debris.
V. Emergency/storm tree work: Athens provides such service in the event of failure or imminent failure or a tree or tree part, usually as a result of severe weather, but may occur under normal circumstances. Rates for such work are generally higher due to increased risks, liabilities, and labor costs for employees, as well as the disruptions to life and scheduling. Athens will work with Client and their insurance provider to detail the scope of work and payment. Due to the urgent and often dynamic nature of the work, the Total may not be set forth by the Quote before work begins. Athens will abide by fair and reasonable pricing that reflects current industry standards. Debris removal and roof tarping is not included unless specified.
VI. Forestry mulching: Forestry mulching is the grinding of trees and tree material into mulch that will lie over the work area. Removal of the mulch is not included unless specified. The resulting mulch size will vary and some larger pieces may be in the mix. Grinding is only above ground- stumps can be ground to near ground level but any stump grinding below grind level is a separate process outlined in Section III and is not included unless specified. Athens is not responsible for any adverse effects or damages to remaining trees in the forest.
VII. Cabling, bolts, rods, and other tree support systems: These tree support systems are intended to reduce the possibility that the tree fails at a particular point. Athens provides no warranty as to the future performance of the system(s) installed by Athens and expressly disclaims any liability for property damage or personal injury which results from the failure of a support system or a supported tree. Regular inspection of the support system by a qualified professional is recommended but is the responsibility of Client to schedule such inspections.
VIII. Tree planting: Athens will plant trees in accordance with industry standard best practices (ANSI A300) - as much as the site allows. Athens provides no warranty or guarantee for trees planted, any future work on the trees, or any future damages or injuries from the trees.
IX. Equipment and systems: Client agrees to all the operations, systems, and equipment deemed necessary by Athens to safely complete the work. This includes, but is not limited to: the use of cranes, loaders, heavy trucks, chippers, and any other equipment and systems needed to complete the the Work. Athens will use its equipment and manpower on Client’s property and adjacent right-of-ways. Unless otherwise specified in the Quote, Client also agrees to allow Athens the use of non-public access, such as driveways, turfed areas, natural areas, and parking areas for the placement and use of Athens’ equipment. Client agrees to defend and hold Athens harmless for any damage that may result from the use of Athens’ 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.
X. Services of Subcontractors: Client agrees to allow any and all Subcontractors hired by Athens onto Clients’s property to perform the Work pursuant to the Agreement.
XI. Water Damage: During the performance of the Work and when reasonably necessary (such as during emergency tree work when a structure has sustained damage from a fallen tree or tree part), Athens may place a tarp on the roof in an effort to slow the entry of water into the property; however, Athens does not guarantee or warrant that no water will enter the property. Therefore, Athens shall have no liability for water damage that may occur to the property. Client should contact a qualified professional immediately to ensure that the tarp install and water entry problem is appropriately addressed.
XII. Roof Access: Client agrees to allow Athens roof access for the completion of the work.
XIII. Underground Utilities: During the course of the work Contractor will need to move about the property, and any underground utilities may be damaged by the weight of the equipment. It is the responsibility of Client to make Athens aware of any utilities. Any unidentified utilities that are damaged will not be the responsibility of Athens. If an identified utility is damaged it will be repaired, but not replaced.
XIV. Risk assessments: A 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 Client the risk of a certain tree(s) or part(s) thereof. It is limited and inherently subjective, and is not a guarantee of safety.
XV. Plant health care (PHC): PHC is the diagnosing, monitoring, and management of plant health and includes soil management, pest and disease management, proper cultural practices, and treatments. Athens provides no warranty or guarantee for its PHC services. Client may authorize Athens to apply chemical treatments, fertilizers, etc. for the performance of PHC work. Athens shall apply all chemical applications in accordance with governing laws and ordinances, and according to the directions of the manufacturer(s). Athens assumes no liability for any adverse effect of chemical applications to any tree, plant, turf, garden, animal, person, activity, etc. Client shall notify Athens of any restrictions, allergies, sensitivities, etc. prior to ant chemical application.
6) Scheduling: Athens will work with Client to schedule a mutually acceptable date(s) for the performance of the Work. Once a date for the Work has been scheduled, Athens must be notified of any requests for rescheduling or cancellation at least forty-eight (48) business hours in advance of scheduled appointments. Athens 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 Athens' ability to perform the work. Athens will endeavor to give the Client reasonable notice of delays and to reschedule the Work at a time mutually agreeable to the Parties. Athens is not responsible for any monetary loss resulting from delays to the Work. Client 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, Athens reserves the right to add such costs to the Contract Sum even if not agreed to in advance. Further, Client 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) Standard of care: Athens shall perform the Work in compliance with applicable laws and ordinances as well as ANSI, ISA, and TCIA standards. The Work performed by the contractor shall reflect professional workmanship and quality craftsmanship.
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 Client, a lien will be placed on the property for the amount of the unpaid balance plus any applicable interest. Athens will be entitled to interest and attorney’s fees and costs incurred in any litigation, mediation or arbitration necessitated by non-payment by Client.
9) Limitation of Liability/Warranty: Athens will perform the Work in a diligent and careful manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ATHENS 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, Athens 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. Athens 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 Athens. 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 QUOTE, ATHENS 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 Athens’ negligence, gross negligence, or willful misconduct will be covered by Athens. Client will not hold Athens liable for any damage resulting from the use of the Athens’ 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 (except in the event of gross negligence or willful misconduct on the part of Athens).
10) Cancellation of the Work: Either Athens or Client may cancel the performance of the Work at any time before the Work begins, except that any cancellation on the part of Client must be submitted in writing to Contractor at least forty eight (48) business hours in advance of the scheduled performance of the Work. Should Client cancel any Work within forty eight (48) business hours or less of the scheduled commencement of the Work, client 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. Athens may waive these fees at its discretion.
11) Dispute Resolution: Any claim, objection or dispute initiated by Client must be delivered to Athens 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 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) Media agreement: Client grants Athens permission to obtain and use photos, videos, recordings etc. (collectively herein “media”) of its property. The media collected by Athens may also portray people on or near the property (including Client). Athens may use the media for documentation, training, promotions, advertising, website, social media, and internal/external communication uses. Athens provides no compensation for the media or any derived works. Client acknowledges that the media is the property of Athens and Client retains no ownership or control. Client understands that the media may be edited, copied, published, or distributed and acknowledges that the media may be worldwide and perpetual and used on various media outlets and formats, whether now known or hereafter created. Client holds Athens harmless in regards to all media and its use.
13) Governing Law: This Agreement is governed by the laws of the State of South Carolina, without regard to its conflict of laws principles.
14) Personal Guarantee: The signatory to the Agreement agrees to pay and personally guarantee any outstanding balance of the Client, regardless of the existence of or Athens’ ability to file a claim of lien.
15) Authority: The Client states that it has the right to authorize the Work to be done by Athens and is doing so in accordance with all laws, ordinances, covenants, codes, authorities, etc. and appropriate notices have been both issued and approved.
16) Credit Card Processing Fee: If Client wishes to pay the bill by credit card a 2% processing fee may be added to the contract price by Athens.
17) 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.
See what our clients say
102
customers have given ratings for support
Rick Atmetco
For the fourth or fifth time over several years, Athens Tree Service has exceeded our expectations. This company is professional and competent, and they leave the worksite as clean or cleaner than it was when they arrived. We are grateful to have found them.
Andrew Price
Athens Tree Service took down 9 dead and 2 living pines from the front of our heavily wooded property. I don't think they so much as broke a twig on any of the surrounding hardwoods. I thought their price was extremely fair and the quality of their work was top notch. I highly recommend.
Donna R
These guys are fantastic! They did an amazing job cutting down two trees and trimming another one. They were so efficient, great with communication, and they left my property looking like they had never been there. Their price was very fair and they were respectful and courteous. I can't say enough good things about this company!
Becky K.
They are professionals and do a great job! Jonathan was very personable and answered our questions and gave his honest opinion. The clean up crew was awesome!!!! If you’re looking for a professional team, you should definitely call Athena! We will use them for our tree service in the future. Thanks to the entire crew for doing such a great job!
See what our clients say
102
customers have given ratings for support
Rick Atmetco
For the fourth or fifth time over several years, Athens Tree Service has exceeded our expectations. This company is professional and competent, and they leave the worksite as clean or cleaner than it was when they arrived. We are grateful to have found them.
Andrew Price
Athens Tree Service took down 9 dead and 2 living pines from the front of our heavily wooded property. I don't think they so much as broke a twig on any of the surrounding hardwoods. I thought their price was extremely fair and the quality of their work was top notch. I highly recommend.
Donna R
These guys are fantastic! They did an amazing job cutting down two trees and trimming another one. They were so efficient, great with communication, and they left my property looking like they had never been there. Their price was very fair and they were respectful and courteous. I can't say enough good things about this company!
Becky K.
They are professionals and do a great job! Jonathan was very personable and answered our questions and gave his honest opinion. The clean up crew was awesome!!!! If you’re looking for a professional team, you should definitely call Athena! We will use them for our tree service in the future. Thanks to the entire crew for doing such a great job!
See what our clients say
102
customers have given ratings for support
Rick Atmetco
For the fourth or fifth time over several years, Athens Tree Service has exceeded our expectations. This company is professional and competent, and they leave the worksite as clean or cleaner than it was when they arrived. We are grateful to have found them.
Andrew Price
Athens Tree Service took down 9 dead and 2 living pines from the front of our heavily wooded property. I don't think they so much as broke a twig on any of the surrounding hardwoods. I thought their price was extremely fair and the quality of their work was top notch. I highly recommend.
Donna R
These guys are fantastic! They did an amazing job cutting down two trees and trimming another one. They were so efficient, great with communication, and they left my property looking like they had never been there. Their price was very fair and they were respectful and courteous. I can't say enough good things about this company!
Becky K.
They are professionals and do a great job! Jonathan was very personable and answered our questions and gave his honest opinion. The clean up crew was awesome!!!! If you’re looking for a professional team, you should definitely call Athena! We will use them for our tree service in the future. Thanks to the entire crew for doing such a great job!
See what our clients say
102
customers have given ratings for support
Rick Atmetco
For the fourth or fifth time over several years, Athens Tree Service has exceeded our expectations. This company is professional and competent, and they leave the worksite as clean or cleaner than it was when they arrived. We are grateful to have found them.
Andrew Price
Athens Tree Service took down 9 dead and 2 living pines from the front of our heavily wooded property. I don't think they so much as broke a twig on any of the surrounding hardwoods. I thought their price was extremely fair and the quality of their work was top notch. I highly recommend.
Donna R
These guys are fantastic! They did an amazing job cutting down two trees and trimming another one. They were so efficient, great with communication, and they left my property looking like they had never been there. Their price was very fair and they were respectful and courteous. I can't say enough good things about this company!
Becky K.
They are professionals and do a great job! Jonathan was very personable and answered our questions and gave his honest opinion. The clean up crew was awesome!!!! If you’re looking for a professional team, you should definitely call Athena! We will use them for our tree service in the future. Thanks to the entire crew for doing such a great job!
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Designed and built by Pivot Insight