Contract Terms & Conditions

Terms:

Contract Documents:

The following Terms and Conditions, are an integral part of your Contract with Tree Fish LLC, together with the Proposal/Quote, any Change Order(s), (collectively as the “Contract”).

Customer:

Unless otherwise agreed to, the Customer is the person to whom the proposal is addressed, and who has signed the Contract. If the person signing the Contract is a representative of a Customer, such as an entity, such as a corporation or limited liability company, the person signing must identify the capacity/position in the entity, (e.g., officer, owner, manager), and the immediate superior’s name and address and contact information (telephone, address and email) Customer/signer of the contract warrants that he/she is fully authorized to contract and bind his employer/principal to this Contract.

Change Orders:

Upon request of the Customer, or as determined by Tree Fish LLC as necessary to the safe and timely completion of the work, additional work may be added to or subtracted from the scope of work in the Contract (or any other Change Order) by written Change Order, and the Customer shall be responsible for payment of all such additional work as provided in the Change Order or as provided herein.

Scope of Work:

Tree Fish will provide all tools, equipment, and labor for the tree work completed at the Work Zone.

Compliance:

Tree Fish shall provide the services in a workmanlike manner, and in compliance with all applicable federal, state and local laws and regulations.

Work Zone:

The Work Zone shall include all areas used and to be used by Tree Fish LLC in the performance of the work, including all areas needed for mobilization, access, hauling, boom swing, ingress and egress. Customer warrants that the Work Zone is either: (1) located on the Customer’s property; and/or (2) located on another’s property and the Customer has received full permission from the other property owner to enter into this Contract and to conduct work on that property.

Conditions:

Contract Payment:

Payments of the Contract price shall be paid in the following manner:

a) Through Jobber’s online payment system accessible through the client portal at www.yourtreefish.com or a provided invoice email.

b) By check handed to an on-site Tree Fish, LLC Foreman after the work has been completed.

c) By mailed check to 3841 100th ST SW, Bryon Center MI 49315, received by Tree Fish, LLC.

If the signer of the quote fails to pay for the services when due, Tree Fish has the option to treat such failure to pay as a material breach of this Contract and may seek all legal remedies (see below) and/or cancel this Contract.

If the Customer is an entity (corporation or LLC), Tree Fish requires the name, mailing address and telephone number of the resident agent, company president, or person with authority to sign and pay, and where invoices are to be mailed.

If the customer is a management company of the property, Tree Fish, LLC requires the management company to affirm, in writing, its obligation to make payment prior to commencement of work under the Contract. This, especially if an out of state management company is involved.

Tree Fish, LLC may also require money down on a commercial job, typically 1/3 to ½ of the total amount of the project but may extend to the full amount of the project in certain circumstances.

a) Notwithstanding the above regarding Contract payments, Payment of any down payments stated in the Contract is due at signing/acceptance by the Customer, and the balance due upon invoicing by Tree Fish, LLC.

b) Tree Fish, LLC will charge and the Customer agrees to pay an additional 1% time price differential (12% per year) computed monthly and compounded annually for any unpaid invoice amount that has not been paid on or before fifteen (15) days from date of invoice, with the time price differential beginning on the original invoice date for purchasing services on credit.

c) Customer agrees to pay all reasonable attorney fees and expenses of Tree Fish, LLC incurred in enforcing any of the Customer obligations under this Contract, including collection of amounts due. In the event of legal proceedings on or concerning this Contract, Customer agrees and consents irrevocably that such action may be brought by Tree Fish in any state court that has subject matter jurisdiction and is located in Kent County, Michigan, including but not limited to 63rd District court, or small claims court, and that any such court shall have personal jurisdiction of Customer and of such action.

Minimum Visit Charge:

Tree Fish LLC charges a minimum of $300 to do tree work. While lower amounts may appear itemized in the proposal, they cannot be selected individually.

Job Cancellation Fees:

Tree Fish LLC requests that the authorizing party provide at least 24 hours advance notice for cancellation.

If Customer cancels a job (work for which Customer contracted with Tree Fish, LLC) within 24 hours of the scheduled day for work by Tree Fish, LLC to commence work, Customer will be charged and agrees to pay Tree fish, LLC a fee of 50% of the total Contract price.

Customer’s Work Zone Responsibilities:

a) Work Zone Entry: Customer agrees not to enter the Work Zone during the performance of the work unless authorized by the crew leader on-site. Customer further agrees to keep the Work Zone free and clear from all employees, family members, children and pets. Tree Fish LLC is not responsible for pets getting out of any enclosure.

b) Work Zone Clearing: Customer shall remove all items or obstacles, including, but not limited to toys, furniture, decorations, swing sets, ornaments, potted plants, birdhouses, lighting, wind chimes, flags, hammocks, tree swings, and any other items of value from the Work Zone prior to commencement of the work unless otherwise agreed upon. If you cannot move some of these items in advance, require our help or simply do not complete this process then you automatically waive the right to hold us accountable for damage to them. Tree Fish, LLC may charge Customer a reasonable fee for its time in removal of items or other obstacles not removed by Customer.

Delays/Costs Due to Customer Failure, Unforeseen Conditions, or Conditions Outside Tree Fish LLC’s Control:

Any additional work, work time, or equipment needs required to complete the Contract, caused by any reason, including the Customer’s failure complete his/hers/its responsibilities herein, or caused by unforeseen conditions or conditions outside or beyond Tree Fish LLC’s control, will be the responsibility of Customer and shall be paid for by the Customer on a time and material basis at Tree Fish LLC’s customary rates or as required by any subcontractor of Tree Fish LLC. These conditions include, but are not limited to: insects, animals, harmful plants/fungi/organisms, Work Zone access issues, additional work needed to access the Work Zone or within the Work Zone due to changes, foreign material in trees and stumps, and changed conditions within the Work Zone (chicken coops, goat farms or landscape changes) after the date of the Contract or Change Orders.

Animal Waste Provision:

The site of service is expected to be clear of all animal waste at the time of service. This applies to all jobs that have been given at least 24 hours of scheduling notice. If animal waste is found on any Tree Fish ,LLC equipment or staff members the Customer will be billed an additional $300 to cover the cost of professional cleaning of all biohazard material from equipment.

Stump and Root Grinding/Removal:

Stumps will be ground to a depth of between 6-8″ unless another specification is provided in the Proposal or Change Order. Unless otherwise agreed to in the Proposal or a Change Order, the following are not part of the Contract unless an amount or a rate is specifically listed:

a) Stump removal;

b) Removal of stump grindings; and

c) Surface and subsurface roots.

Performance by Tree Fish LLC:

Work crews may arrive at the job site unannounced unless otherwise noted herein. Tree Fish LLC shall attempt to meet all performance dates, but shall not be liable for damages due to delays from inclement weather or other causes beyond the control of Tree Fish, LLC.

Post Work Zone Condition:

Upon completion of the work, Tree Fish LLC shall remove all brush and debris from the work zone, and rake to clean the work site unless otherwise stated. Excess sawdust that cannot be raked will not be removed. Unless other agreements have been made.

Lawn & Surfaces Damage/Repair:

Tree Fish LLC will attempt to minimize all disturbances to the customer’s lawn and surfaces. However, Tree Fish LLC must utilize vehicles & equipment to perform tree care services. Tree Fish LLC 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.)

Working with Nature:

Trees and plants are natural, living organisms affected by factors beyond human control. No guarantee on trees, plants or general landscape safety, health or condition is expressed or implied.

Treatments, Fertilization and Plant Health Care:

Tree Fish LLC provides no warranties or guarantees as to the effectiveness or success of any tree or plant treatments. If we recommend treatment, it is because we think that the tree is a worthy candidate for treatment at that time.

Locates:

Locates are the responsibility of the homeowner to contact and complete, if there are lines buried such as electrical done by the homeowner, water features, invisible pet fences or other lines, we are not responsible for unmentioned or buried lines we cannot see. Customer shall be solely responsible for contacting Miss Dig regarding location of any buried lines and have the buried lines identified/marked at least 5 days prior to commencement of work by Tree Fish,LLC. Customer shall indemnify and hold Tree Fish, LLC harmless for Customer’s failure to have buried lines identified/marked.

Ownership:

Customer warrants that all trees/stumps listed or referred to in the Contract, in any communication by Customer, and any Change Order are either: (1) located on the Customer’s property; and/or (2) Customer has received full permission from the owner to enter into this Contract. Should any tree/stump be mistakenly identified as to ownership, the Customer agrees to indemnify and hold harmless Tree Fish LLC for any damages or costs incurred as a result thereof pursuant to the indemnity provision herein.