It is agreed by and between K.C. Arborist and the authorizing party (customer and/or customer's agent) that the following provisions are made as part of this contract:
Insurance by Contractor: K.C. Arborist warrants that it is insured for liability resulting from injury to person(s) or property and that all employees are covered by Worker's Compensation as required by law. Certificates of coverage are available upon request.
Scheduling/ Cancellation: K.C. Arborist will arrive on scheduled performance date. Schedules are contingent upon weather, accidents, and other delays beyond our control, and shall not be liable for damages due to those delays. K.C. Arborist requests that the authorizing party provide at least 24 hours advance notice for cancellation. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $200.00 for incurred expenses. Cancellation fees may apply to any notice less than 24-hour notice.
Workmanship/Performance: K.C. Arborist professionals are trained arborists; either certified or working under direct supervision thereof. Certification comes through organizations such as International Society of Arboriculture or the Kansas Arborists Association and can always be verified. All work will be performed professionally, with the appropriate tools and equipment for proper job completion. All equipment and work performed will be in full compliance with the most current revision of the American National Standards Institute (ANSI Z133.1) Standard for tree care operations. (Copies can be obtained for a fee by contacting the International Society of Arboriculture or the Tree Care Industry Association.) This includes the practice of not using spurs on live trees, and sterilizing equipment prior to use on property.
Safety: K.C. Arborist warrants that all arboricultural operations will follow the latest version of the ANSI Z133.2 industry safety standards. The authorizing party agrees to not enter the work area during arboricultural operations unless authorized by the crew leader onsite.
Debris Removal: All debris from tree trimming and tree removal operations shall be cleaned up each day before the work crew leaves the site, unless otherwise coordinated by the client and crew leader. All lawn area shall be raked, streets and sidewalks shall be swept, and all brush, branches, and logs shall be removed from the site.
Stump Removal: Process of utilizing a commercial stump grinder to remove stump to a depth of 6-8" Inches below ground, unless otherwise stated in the proposal. Unless specified in the proposal, stump removal is not included in the price quoted. Grindings from stump removal are not hauled unless specified in this proposal. Surface and subsurface roots beyond the stump are not removed unless specified in this proposal.
Additional Work: Any additional work or equipment required to complete the work, caused by the authorizing party's failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground, or any other condition not apparent in estimating the work specified, shall be paid for by the customer on a time and material basis.
Unmarked Utilities: K.C. Arborist is not responsible for damages to personal irrigation systems, underground sprinklers, drain lines, invisible fences or underground cables unless the system(s) are adequately and accurately mapped by the authorizing party and a copy is presented before or at the time the work is performed.
Lawn & Surfaces Damage/Repair: K.C. Arborist will attempt to minimize all disturbances to the customer's lawn and surfaces. However, K.C. Arborist must utilize vehicles & equipment to perform tree care services. K.C. Arborist shall not be liable for damages to landscaping, sod, plant material in the execution of its work or causes beyond their control (Examples: Ruts in yard due to wet conditions, limbs falling on flowerbeds, cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment etc.).
Ownership: The authorizing party warrants that all trees listed are located on the customer's property and if not, that the authorizing party has received full permission from the owner to allow K.C. Arborist to perform the specified work. Should any tree be mistakenly identified as to ownership, the customer agrees to indemnify K.C. Arborist for any damages or costs incurred from the result thereof.
Pedestrian/Vehicular Safety: K.C. Arborist is solely responsible for pedestrian and vehicular safety control within the worksite. K.C. Arborist shall provide the necessary warning devices, barricades, and ground personnel required to ensure the safety, protection and warning of pedestrian and vehicular traffic within the area.
Licenses/Permits: K.C. Arborist is responsible for the costs of permits, licenses, and/or bonds required to perform specified worked under this contact to comply with all applicable local state and federal codes, rules and regulations. The customer/property owner shall be responsible for obtaining and paying for necessary approval from local HOA and other governing entities.
Insurance/Indemnity: K.C. Arborist is insured for liability resulting from injury to persons or property, and all its employees are covered by Worker's Compensation Insurance. The parties herein agree that in no instance may the customer seek damages in excess of K.C. Arborist policy liability. Further, once work is completed by K.C. Arborist under this contract, owner agrees to indemnify and hold harmless K.C. Arborist and its agents for any injury, loss or expense associated with work performed or in any way related to services performed with this contract.
Completion of Contract: K.C. Arborist agrees to do its best to meet any agreed upon performance dates, but shall not be liable in damages or otherwise for delays due to inclement weather, labor or any other cause beyond its control; nor shall the customer be relieved of completion for delays.
Terms of Payment: Unless otherwise noted in this proposal, the customer agrees to pay the account in full upon completion of the work. Failure to remit full payment within the payment terms will assess a $50 late fee and may be turned over to collections.
Types of Payment: Checks, Money Orders, Cashier's Check, Visa, Mastercard, Discover & American Express are all accepted. Credit card payments will be charged a 3% transaction fee. Check, cash, money order or cashier's checks are accepted as forms of payment on any amount.
Returned Check Fee: There will be a $35.00 fee charged for all checks returned to our office for in-sufficient funds.
Governing Laws: The terms and conditions of this contract shall be interpreted and governed according to the laws of the State of Kansas; venue and jurisdiction shall be limited exclusively to the District Court of Johnson County, Kansas.
Homeowner Preparation: All gates giving us access to areas where we will be working must be unlocked. All pets must be kept inside while our crews are onsite. All animal waste must be removed from the areas we will be working prior to our arrival. Any lawn ornaments, etc. around the trees and plant material must be cleared prior to our arrival.
