Terms And Conditions
1) Entire Agreement. This Agreement constitutes the entire contract of the parties. It is expressly agreed that no statement, arrangement, warranty, or understanding, oral or written, expressed or implied will be recognized unless it is stated in or otherwise permitted by, this Agreement. This agreement is solely for the benefit of Customer and Wachtel Tree Science & Service, Inc. (“Wachtel Tree”), and is not intended for the benefit of any other parties.
2) Proposal. Wachtel Tree is responsible for, and shall have sole control of the tree care methods, sequences and coordination of all work described in the Proposal, unless expressly stated to the contrary. Any items not listed are not included in the Agreement price, and shall be the obligation of Customer. The Proposal shall be based solely on a visual inspection of the Project Site and shall not be considered a tree risk evaluation. A separate proposal can be negotiated between the parties for a tree risk evaluation.
3) Tree Care Materials. All tree care materials and work shall be furnished in accordance with normal industry tolerances and performance standards. All work done according to ANSI A300. Customer understands and agrees that excess materials delivered to job site and/or materials not physically attached to the structure and/or property after Substantial Completion of the work contemplated by this Agreement shall remain the property of Wachtel Tree.
4) Environmental Hazards. Wachtel Tree is not responsible for any environmental hazards. Customer shall be solely responsible for all risk, shall indemnify and Hold Wachtel Tree harmless and free of liability, and shall bear the costs of any removal or correction of environmental materials.
5) Hazardous Conditions. If Customer contracts with Wachtel Tree for the performance and/or clean up of work deemed a hazardous condition, Wachtel Tree shall perform said work in the time frame set forth on the reverse side of this Agreement. However, should said hazardous condition cause damage or injury prior to Wachtel Tree’s performance of this Agreement, Wachtel Tree shall not be liable for any said damage or injury that occurs prior to date of completion set forth on the reverse side herein. When hazardous tree conditions are observed by Wachtel Tree that were previously disclosed to Wachtel Tree, its employees or its representatives, Customer hereby grants Wachtel Tree express authorization to perform all remedial work required to remove the hazardous condition in a prompt manner. Provided, however, that Wachtel Tree has no obligation to perform said additional work and may first contact Customer to inform Customer of said hazardous condition. Wachtel Tree cannot be liable for any accident, damage or injury that may occur as a result of broken, damaged or hazardous trees or branches on the Project Site. Site inspections do not include internal or structural considerations. Upon Customer’s consent, Wachtel Tree may install cabling and bracing systems to reinforce the structure of a tree, however, these systems are complete fail-safe and Wachtel Tree cannot guarantee that a structurally weak tree will not fail. It is recommended that the Customer contact Wachtel Tree for yearly inspections of cable systems. Wachtel Tree is not responsible for any lawn damage or other property damage of any kind which occurs during storm emergency work.
6) Buried Obstruction and Site Conditions. Wachtel Tree shall be responsible for contacting Diggers Hotline prior to the start of any job to identify underground public utilities. Customer, however, shall, prior to the start of any and all work, clearly mark all property boundaries and known underground utilities, obstructions, tanks, etc. If during the course of any work by Wachtel Tree, any unmarked or underground objects are damaged and cause any additional damage, Customer agrees to indemnify and hold harmless Wachtel Tree, its officers, agents, partners, employees and consultants from any and all claims, suits, demands, liability, losses or costs, including reasonable attorneys fees and defense costs resulting or occurring to any and from all persons, firms or other legal entities arising out of or in any way related to property line disputes/damages and connected with the damage to any concealed or unmarked underground object, including damage to the property about or adjacent to the job site, whether the liability arises under breach of contract, warranty, including negligence, strict liability and statutory liability or any other cause of action. Wachtel Tree shall not be responsible for any damages to or for additional work required for any buildings or objects which are adjacent to the work performed by Wachtel Tree. Any additional work relating to such conditions shall be performed by Wachtel Tree at customary Time and Materials rates, unless such conditions are explicitly referred to in the Proposal.
7) Tree Removal. For all tree removal projects, Wachtel Tree shall completely remove agreed upon trees to within 6-12” of ground level and shall clean debris unless otherwise stated in the Proposal. Customer agrees to pay additional charges for unseen concrete, metal in trees or other unseen obstacles which may, in Wachtel Tree’s sole discretion, complicate the tree removal project.
8) Stump Removal. For all stump removal projects, Wachtel Tree shall use a mechanical grinder and shall grind the visible stump to approximately 8’ below ground level. Stump removal does not include clean up of debris, removal of debris, back-filling of stump hole or re-seeding, but Wachtel Tree is able to perform said additional services on a Time and Materials basis.
9) Clean-up. All brush, wood pieces and branches shall be cleaned up by Wachtel Tree at the conclusion of the Project, unless otherwise noted in the Proposal.
10) Pest Management and Fertilizing. All pest management and fertilization products used shall be applied by a licensed and insured operator in accordance with all State and Federal regulations. Customer may contact Wachtel Tree to receive the following information for all pesticide applications: a) names of all pesticides to be used; b) copies of all labels of all pesticides to be used; c) pesticide application dates and d) information on a contact person.
11) Scheduling. Wachtel Tree is committed to completing all projects in a timely manner, however, some projects may take longer to complete than expected. As such, all project schedules shall be contingent upon Wachtel Tree’s total work load and any weather considerations.
12) Access to work and site. Storage of materials and storage of Wachtel Tree’s equipment shall also be provided by Customer, if necessary. Furthermore, Customer agrees to maintain access for Wachtel Tree at the Project Site, to keep Project Site free from obstructions and conflicting work, and to obtain permission for Wachtel Tree to gain access through adjacent property, if required by Wachtel Tree to do so. Customer shall be solely responsible for all risk, shall hold Wachtel Tree harmless and free of liability, and shall compensate for any damages or costs arising out of such access or the failure to maintain access, except to the extent due to the intentional acts of Wachtel Tree, its agents and employees.
13) Insurance. Wachtel Tree shall maintain workers’ compensation and such other insurance as required by law. Additionally, Wachtel Tree shall be insured for personal injury and property damage. Wachtel Tree will furnish a Certificate of Insurance evidencing the types and amounts of its coverage, upon request. Customer shall maintain homeowners’ insurance covering all physical loss throughout the duration of a project. Customer assumes risk of loss during a project, except for the intentional acts of Wachtel Tree, its subcontractors or employees.
14) Tree Ownership. Customer guarantees to Wachtel Tree that all trees subject to work under any Proposal are owned by Customer, or that Customer has received express, written consent from the tree’s owner allowing Wachtel Tree to work on said tree. Furthermore, Customer guarantees and warrants that access to all trees may be obtained by exclusive use of Customer’s property. Customer shall indemnify and hold harmless Wachtel Tree from any and all claims, damages, costs related to Customer’s guarantee, promises or representations as tree ownership, removal ingress and egress thereto including but not limited to Wachtel Tree’s cost, damages and attorney’s fees in defending same.
15) Payment. Customer shall timely make all payments required by this Agreement. Time is of the essence as to all terms of payment. Customer shall pay Wachtel Tree the Contract Price within 15 days of completion of each service provided, except payment terms may be modified herein by paragraph 16. Customer agrees that, in addition to other remedies available to Wachtel Tree, if payment is not timely made, Wachtel Tree shall be entitled to a service charge of 1.5% per month on all past due amounts, plus all costs of collection including reasonable attorney’s fees. Wachtel Tree shall furnish lien waivers to Customer at the time each Progress Payment and the Final Payment is made to Wachtel Tree for the proportionate value of all labor and materials ordered or delivered as of the time the payment is made. Final Payment shall constitute a waiver of all claims by customer except those arising from liens or the warranty included in this Agreement. Projects performed on a “Time and Materials” basis shall be billed for the time necessary to complete the tasks plus travel time to the project location and materials used, but shall not include lunch break time.
16) Job Sign. Customer agrees to allow Wachtel Tree to display a lawn sign at the Project Site for a period not to exceed seven (7) days following the completion of a service provided.
17) Changes. No changes, additions, alterations, deviations or extras to this Agreement shall be made without a written Change Order signed by Customer and Wachtel Tree, specifying the additional labor and materials to be furnished by Wachtel Tree, the amount to be paid by Customer and the change, if any, in the time of performance, except that Customer’s signature shall not be required for changes necessary to conform to codes, laws or regulations required by any utility or government authority, or to address existing conditions of the Project Site unknown to Wachtel Tree at the time Wachtel Tree signs this Agreement. All Change Orders shall be incorporated as part of this Agreement. Customer understands and agrees that changes will extend the time of performance.
18) Work Stoppage. Should work be stopped by any public authority or Customer for more than thirty calendar days, Wachtel Tree may terminate this Agreement and collect for the value of all work completed and materials ordered as of the date work is stopped, plus Wachtel Tree’s anticipated profit under this Agreement. Customer’s failure to sign Change Orders or Customer’s refusal to make Progress Payments, or any other cause beyond Wachtel Tree’s sole control, shall also be cause for work stoppage by Wachtel Tree.
19) Delay. Work shall be completed within the number of working days stated in this Agreement, unless delay occurs due to Work Stoppage, adverse weather conditions, labor disputes, changes by Customer or government authorities, unavailability of materials or supplies, unavoidable casualties, accidents, environmental hazards. Customer’s failure to make payments as required by this Agreement, or any other cause beyond Wachtel Tree’s sole control. Any such delay shall extend the time of performance, or, at Wachtel Tree’s option, terminate this Agreement if the cause of the delay cannot be resolved within thirty calendar days. Wachtel Tree shall give notice to Customer of delay and any adjustment to time of performance or cost of the work necessitated by the delay.
20) Disputes. Wachtel Tree prides itself on customer satisfaction. If Customer becomes unhappy with the work of Wachtel Tree, said Customer should immediately notify Wachtel Tree as such so that problems can be averted to the greatest extent possible. The parties agree as a condition precedent to any litigation or arbitration to engage in mediation. In the event that mediation is unsuccessful, the parties agree that this matter shall be resolved by arbitration with the American Arbitration Association or an arbitrator mutually selected by the parties. These Terms shall be deemed to have been made in and governed by the laws of the State of Wisconsin. Any legal suit, action or arbitration shall be venued in Waukesha County, Wisconsin.
21) Warranty. Wachtel Tree guarantees that all materials used shall be as specified in the Proposal. Wachtel Tree warrants that all work shall be completed in a workmanlike manner in accordance with industry standards and standard practices. Wachtel Tree SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. The acceptance of the Proposal by Customer signifies his/her agreement that this warranty shall be and is the exclusive remedy against Wachtel Tree for all defects in workmanship furnished by Wachtel Tree.
LIEN NOTICE
AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW. WACHTEL TREE HEREBY NOTIFIES CUSTOMER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON CUSTOMER’S LAND MAY HAVE LIEN RIGHTS ON CUSTOMER’S LAND ANDBUILDING IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITON TO THE UNDERSIGNED WACHTEL TREE, ARE THOSE WHO CONTRACT DIRECTLY WITH CUSTOMER OR THOSE WHO GIVE CUSTOMER NOTICE WITHIN SIXTY CALENDAR DAYS AFTER THATY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, CUSTOMER WILL PROBABLY RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTAGE LENDER, IF ANY. WACHTEL TREE AGREES TO COOPERATE WITH CUSTOMER AND CUSTOMER’S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID. 06.28.17