Terms and Conditions | Grant's Tree Service

Grant’s Tree Service Terms and Conditions

Agreement. These Terms and Conditions (these “Terms”) apply to the estimate for work submitted by Grant’s Tree Service, LLC (the “Contractor”) and approved by the property owner named therein (“Customer”). Customer’s execution or acceptance of an estimate in writing, orally or by electronically clicking a button or checking a box will constitute approval of the estimate. Customer’s approval of an estimate authorizes Contractor to perform the work described in the estimate and constitutes an express agreement to these Terms, which are incorporated into the estimate by this reference. In the event of any conflict between these Terms and the estimate, these Terms will control.
Services. Contractor will perform the services (the “Services”) at the location (“Premises”) described in the estimate. If Customer requests, and Contractor agrees to, any change to the scope of Services Customer will pay any increased costs and the time for performance will be adjusted accordingly. Contractor will perform the Services in accordance with accepted arboricultural practices and applicable industry safety standards, including current ANSI Z133 safety standards where applicable. Customer’s sole and exclusive remedy and Contractor’s sole obligation for any breach of this Section will be for Contractor, at its sole option and expense, to either: (a) re-perform any defective Services, or (b) refund Customer the portion of the Fees paid for the defective Services. Customer must notify Contractor in writing of any claim under this Section within ten (10) days following the date of completion of the Services. Any claim not submitted within such period will be deemed waived and released by Customer, and Contractor will have no liability with respect thereto.
Hidden or Unforeseen Conditions. Customer acknowledges and agrees that the fees quoted in the estimate are based on visible, accessible, and surface-level conditions at the time of inspection. If new, hidden or unforeseen conditions are discovered during the performance of Services, including but not limited to decay, insect damage, utility conflicts, or other conditions, Contractor reserves the right to modify the scope of Services and the fees under the estimate. If Customer does not agree to any such modification, Contractor or Customer may terminate the estimate. Contractor will not be liable in any way to Customer for any loss, cost, or damage arising from any such termination.
Cancellation, Suspension or Rescheduling. Contractor will have the right, in its sole discretion, to cancel, suspend or reschedule any Services if it determines that weather conditions, ground conditions, or other circumstances may render performance unsafe or impracticable. Contractor will not be liable in any way to Customer for any loss, cost, or damage arising from any such suspension, rescheduling or cancellation.
Stump Grinding. Unless otherwise specified in the estimate, stump grinding is excluded from the Services. Where stump grinding is performed, Customer acknowledges and agrees that: (a) roots may remain underground following completion of the work; and (b) settlement, subsidence, or other changes to the ground surface may occur over time as a result of remaining root systems or the natural decomposition thereof. Contractor will not be liable for any loss, damage, or injury arising from remaining root systems or any resulting settlement or subsidence.
Debris Removal. Unless otherwise specified in the estimate, Contractor will remove all debris generated by Contractor from the Premises. Notwithstanding the foregoing, Customer acknowledges that fine sawdust, wood chips, leaves and minor debris may remain on the Premises following completion of the work, and Contractor will have no obligation to remove such material.
Ownership of Materials. Unless otherwise specified in the estimate, all wood, logs, brush, chips, and other materials generated from the Services will become the sole property of Contractor upon severance and may be removed from the Premises by Contractor. Unless otherwise specified in the estimate, Customer will have no claim to any such materials.
Customer Obligations.
1. Prior to commencement of any Services, Customer will be solely responsible for: (i) identifying and marking all underground utilities, irrigation systems, invisible fencing, and other subsurface improvements located on or near the work area; (ii) contacting the applicable utility notification service to request locations and, where applicable, the de-energizing of any overhead or underground power lines; and (iii) obtaining all necessary third-party approvals for Contractor to perform the Services, including from homeowners associations and owners of neighboring properties. Contractor will have no obligation to obtain third-party approvals, verify the location of underground utilities or power lines, confirm whether any power lines have been de-energized, or arrange for de-energizing services. Contractor will not be liable for any damage, loss, or cost arising from unmarked or improperly marked utilities or subsurface improvements, failure to obtain required approvals, or failure to de-energize power lines. Customer assumes all risk and liability arising from any such failure.
2. Customer will provide Contractor with all access to and use of the Premises necessary for Contractor to perform the Services. Customer will provide a secure area on or adjacent to the Premises for Contractor to park its vehicles and store its equipment and materials (including any debris). All pets are to be secured while the Contractor is on the Premises.
3. Customer acknowledges and agrees that Contractor’s performance is dependent on Customer performing its obligations under these Terms, providing access to the Premises and making timely decisions and approvals. Any failure by Customer to perform its responsibilities hereunder (including payment obligations) may result in a delay in Contractor’s performance and additional costs for the Services, for which Customer will be solely responsible.
Disclaimer of Warranties. EXCEPT FOR ANY WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS-IS, WHERE-IS” BASIS. CONTRACTOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS. CONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING OUTCOMES OR THE AVOIDANCE OF INCIDENTAL DAMAGE TO LAWNS, LANDSCAPING, DRIVEWAYS, SIDEWALKS, OR OTHER PROPERTY. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE INHERENTLY HAZARDOUS AND INVOLVE RISKS THAT CANNOT BE ELIMINATED EVEN WHEN REASONABLE CARE IS EXERCISED AND APPLICABLE INDUSTRY STANDARDS ARE FOLLOWED. SUCH RISKS INCLUDE, WITHOUT LIMITATION, PROPERTY DAMAGE ARISING FROM EQUIPMENT ACCESS, FALLING DEBRIS, ROOT SYSTEMS, WEATHER CONDITIONS, AND GROUND CONDITIONS, AS WELL AS UNFORESEEN STRUCTURAL DEFECTS, DECAY, OR INSTABILITY IN TREES OR SURROUNDING STRUCTURES. CUSTOMER EXPRESSLY ASSUMES ALL RISK AND LIABILITY ARISING FROM SUCH INHERENT RISKS AND FROM ANY INCIDENTAL DAMAGE OCCURRING IN CONNECTION WITH THE SERVICES. CONTRACTOR WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS, DAMAGE, OR INJURY ARISING THEREFROM.
Fees. Unless otherwise specified in the estimate, Customer will pay the fees for the Services set forth in the estimate (the “Fees”). In addition to the Fees quoted in the estimate, Customer will also be responsible for any additional fees and costs for equipment, materials and labor incurred by Contractor arising out of any additional work requested by Customer or delays caused by Customer or force majeure. Such additional fees and costs will be charged to Customer at Contractor’s then current rates.
Payment. Unless otherwise specified in the estimate, all Fees and costs will be paid by Customer upon completion of the Services. Any amounts not paid when due will accrue monthly interest at the lesser of 1.5% or the maximum rate allowed by law. Customer will be responsible for all reasonable collection costs, court costs, and attorneys' fees incurred by Contractor in collecting any unpaid amounts hereunder. Contractor may suspend its performance of the Services during any period in which Customer is delinquent in its payment obligations hereunder and Customer will be responsible for any increased costs arising out of any such suspension.
Taxes. Customer will pay all taxes required to be collected by Contractor for the Services including, but not limited to, sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties.
Liens. Contractor may assert and record a lien against the Premises if Customer does not pay any amount when due in accordance with these Terms. Customer agrees to pay Customer’s costs, including reasonable legal fees, incurred in filing any lien hereunder.
Insurance.
1. Contractor will maintain the following insurance coverages: (i) statutory worker's compensation insurance in such amounts as required by law; (ii) commercial general liability insurance in an amount no less than $1,000,000 per occurrence; and (iii) such other insurance coverages as may be required by law.
2. Customer will maintain property insurance covering the full replacement value of the Premises.
3. Each party hereby expressly releases and waives on behalf of the other party all rights of recovery, claims, actions or causes of action against the other party, its officers, directors, employees, agents, representatives, contractors and affiliates for any claim, loss, liability or damage arising from any cause covered by any insurance required to be carried by such party hereunder, including the negligence of any released party. Each party shall cause its insurer to issue appropriate waiver of subrogation rights endorsements to all insurance policies carried under these Terms.
Indemnification. Customer will indemnify, defend and hold harmless Contractor and its officers, directors, employees, agents and representatives from and against any and all claims, demands, actions, damages, liabilities, judgments, expenses and costs (including reasonable attorneys’ fees) arising from or relating to: (a) Customer’s breach of any provision of these Terms; or (b) any personal injury, death, or property damage to the extent caused by the negligence or willful misconduct of Customer.
Limitation of Liability. IN NO EVENT WILL CONTRACTOR BE LIABLE HERENDER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST REVENUES OR PROFITS, DIMINUTION IN PROPERTY VALUE, REPLACEMENT GOODS OR SERVICES, OR BUSINESS INTERRUPTION) HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EVEN IF CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF RELIEF. WITHOUT LIMITING THE FOREGOING, CONTRACTOR WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO SIDEWALKS, DRIVEWAYS OR LANDSCAPING THAT MAY RESULT FROM THE SERVICES OR USE OF ANY STORAGE CONTAINERS BY CONTRACTOR. CONTRACTOR’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES AND THESE TERMS WILL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO CONTRACTOR FOR THE SERVICES.
Termination.
1. Customer may cancel the estimate upon written notice to Contractor upon at least five (5) days prior the scheduled commencement date of the Services. Upon any such cancellation, any deposit paid by Customer will be refunded by Contractor. If Customer cancels the estimate less than five days before commencement or at any time during the performance of the Services, any deposit paid by Customer will be non-refundable and become the property of Contractor. In addition, Customer will pay to Contractor all fees and costs for the Services up to the cancellation date and all costs incurred by Contractor to remove any debris and return any equipment.
2. Either party may terminate the estimate upon written notice to the other party if (i) the other party is in breach of these Terms and fails to remedy the breach within ten (10) days after receiving written notice of the breach, or (ii) the other party: (1) has a receiver, trustee, or liquidator appointed over substantially all of its assets; (2) has an involuntary bankruptcy proceeding filed against it; (3) becomes insolvent, dissolves or suspends its business; or (4) files a voluntary petition of bankruptcy or reorganization. Upon termination the estimate, Contractor will invoice Customer for the Fees and costs of all Services performed up to the date of termination and all costs incurred by Contractor to remove any debris and return any equipment.
Notices. Any notices under this Agreement will be effective only if delivered in writing and in compliance with this Section. Notice will be deemed to be given: (a) as of the date delivered if delivered personally; (b) one (1) day after delivery if sent by overnight courier; or (c) upon receipt if sent by certified mail, return receipt requested; in either case to the respective address for the party as set forth herein or in the estimate.
Promotional Materials. Contractor may take and use before and after photographs and/or videos of the Customer’s property for promotional and marketing purposes.
No Waiver. No waiver will be effective unless it is in writing signed by the parties. No waiver of any breach of these Terms will be deemed a waiver of any other or subsequent breach of these Terms.
Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions of these Terms will be construed as if not containing such provision, and all other rights and obligations of the parties will be construed and enforced accordingly.
Force Majeure. Neither party will be deemed in breach hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder (excluding payment obligations) due to weather, earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott, pandemic, materials and labor supply shortages or other events beyond the reasonable control of such party.
Assignment. Customer may not assign these Terms or the estimate or transfer any of its rights or obligations hereunder, including by operation of law, without the prior written consent of Contractor, which may be withheld in its sole discretion. Any attempted assignment in violation of this Section will be void. These Terms will inure to the benefit of and will be binding upon the permitted successors and assigns of the parties. Contractor may subcontract some or all of its obligations hereunder provided that Contractor will be responsible for the performance of any such subcontractors.
Relationship of the Parties. Notwithstanding anything in these Terms to the contrary, the parties will not be considered joint venturers, partners, agents, servants or employees of each other for any purpose, and the parties disclaim any intention to create any such relationship between them.
Representations and Warranties.
1. Each party hereby represents and warrants to the other party that: (i) it has all requisite power and authority to execute, deliver, and perform its obligations under these Terms; and (ii) the execution, delivery, and performance of these Terms and the estimate constitutes the legal, valid, and binding agreement of such party.
2. Customer hereby further represents and warrants to Contractor that it is the sole legal and beneficial owner of the real property on which the Work is to be performed and it has the lawful right to grant Contractor the right to access and perform the Work thereon. Customer will indemnify, defend and hold harmless Contractor from all Losses arising out of or related to any breach by Customer of this Section.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Nebraska, irrespective of its choice of law principles and the parties hereby consent to the exclusive jurisdiction of the state and federal courts located in Douglas County, Nebraska for any dispute arising out of these Terms.
Entire Agreement. These Terms, including the estimate, constitutes the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous representations, understandings, proposals, and agreements. These Terms, including the estimate, may only be amended in writing executed by both parties.