SavATree - Tree Shrub and Lawn Care

TERMS AND CONDITIONS

Thank you for choosing us! The following terms and conditions together with the terms presented on front and the Plant Health Care and/or Lawn Care Datasheet (“Datasheet”), if applicable for your state, constitute your entire agreement with SavATree, LLC d/b/a SavATree, SavaLawn, Swingle Lawn, Tree and Landscape Care, Mountain High Tree Service, Thrive, 404-CUT-TREE, Mike’s Tree Surgeons, Integrity Tree Service, and DeerTech, collectively referred to as “SavATree.”

Performance by SavATree

Our Plant Health Care and Lawn programs are designed to manage and not eradicate weeds, insects, mites, disease and deer browsing. Horticulturally tolerable levels of insects, mites, disease and deer browse may still be present after treatments. Epidemic infestations may require additional visits at additional cost to you, pending your approval. Each time we are on your property, an evaluation card will be left or emailed indicating the service(s) performed and, if necessary, any additional recommendations. Remeasurement of your lawn, trees or shrubs may also be done if there is a discrepancy between the original estimate and the actual square footage or product(s) required. You will be notified of any price adjustments on a go forward basis. Work crews will arrive at the job site unannounced unless otherwise noted herein. The Datasheet provides approximate and alternate dates of our service. SavATree shall not be liable for damage or losses due to delays for weather or causes beyond our control. By signing this agreement, you accept that every day during the agreement’s term is a specific date on which applications will be applied, and you are continuously on notice that SavATree will perform applications on any day during the term of this agreement if any other day becomes unnecessary or infeasible for performance (due to weather, scheduling conflicts, or weed, insect, mite and disease cycles) in which case you waive SavATree’s performance on such a day. Absent extraordinary circumstances, you request that SavATree not further contact you concerning dates of application as such further contact would be a burden to you. The following provision applies to New York and Minnesota clients only: The term of this agreement shall be for twenty years from the date it is signed by you; however this agreement may be terminated without penalty at any time by either party. Minnesota clients are required to cancel this agreement upon sale of property serviced with this agreement.

Workmanship and Arbitration

All work is performed in a professional manner by experienced personnel outfitted with the appropriate tools and equipment to complete the job properly. Our work meets and exceeds the guidelines and standards set forth by ANSI (the American National Standards Institute) A300. As part of the Arbor Patrol Program, we may perform some minor deep root watering, minor fertilization and/or minor pruning of insect infested or diseased limbs. Any additional major work to be performed will be evaluated during a follow-up site inspection by an arborist who will submit an estimate for client approval. The client is responsible for advising SavATree regarding the location of underground utilities in the area where work is to be done. SavATree shall not be responsible for damage to such utilities, unless the location has been indicated prior to the commencement of work. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be determined and settled by arbitration under the Rules of the American Arbitration Association. The arbitration award shall be final and binding. Judgment on the award may be entered in any Court having competent jurisdiction thereof. Recommendations are intended to minimize or reduce hazardous conditions associated with trees. The owner or owner’s representative is responsible for the annual scheduling of the required inspection of supplemental support systems. No guarantees are intended or implied with regard to work product.

Insurance

SavATree is insured for the liability resulting from injury to persons or negligent damage to property, and all its employees are covered by Workers’ Compensation Insurance. A certificate of insurance is available upon request.

Ownership

By signing this agreement, you warrant that all trees, plant material and property on which work is to be performed are either owned by you or that permission for the work has been obtained from the owner by you. It is further agreed that the property owner or representative shall be responsible for obtaining any and all permits which may be required by local authorities. SavATree is hereby held harmless from all claims for damages resulting from the client’s failure to obtain such permits.

Terms Of Payments

The total cost estimates within this agreement are valid for 60 days unless otherwise noted. All invoices are payable upon receipt. A deposit of 50% may be required prior to the commencement of General Tree Care work. A finance charge of 1.5% per month, which is an annual percentage rate of 18%, will be added to invoices after 30 days. Your next treatment may not be performed if your account is past due. Past due balances void any guarantees. If outside assistance is used to collect the account, the client is responsible for all costs associated with the collection including, but not limited to, reasonable attorney fees and court costs. Sales tax, if applicable, will be added to the amounts of this estimate per your local and state tax jurisdiction. Should any terms of this agreement be amended, subsequent payment for our services shall constitute your written acceptance thereof. The following provision applies to New York clients only: By signing this agreement, you accept that the annual program total cost shall increase on January 1st of each year of this agreement by the annual increase in the CPI (CPI-U) published on www.bls.gov for twelve months ending September 30 unless otherwise agreed, with a minimum annual increase of 1%. Further, you hereby acknowledge that you have received notice of and understand the total cost of SavATree’s services.

Concealed Contingencies

You agree to pay SavATree on a time and materials basis for any additional work required to complete the job occasioned by concrete or other foreign matter; stinging insect nests in the tree, trees, or branches; rock, pipe, or underground utilities encountered in excavations; and work not described within this proposal, or any other condition not apparent in estimating the work specified.

State Notification Requirements

Certain states require that specific product information be submitted to you. Part of this agreement is our Datasheet, which provides such information. The Datasheet can be found at www.savatree.com/ds/index.html and for Massachusetts clients, see the Consumer Information Bulletin at www.savatree.com/ds/macnsminfo. You have the right to receive specific date pre-notification for certain applications in certain states. Your written authorization on the Authorization Page of this proposal waives any pre-notification requirement unless noted otherwise. In New York State: The property owner or owner’s agent may request the specific date or dates of the application(s) to be provided and, if so requested, the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract. Wisconsin clients hereby consent to receiving electronic pre-notification of materials to be used on their property via the Datasheet link listed above.

Customer Referral Program

Word of mouth is our best advertising. When you are satisfied with our services, please tell a friend. Each time you refer a new customer to us who meets with an arborist, we will send you a thank you gift.

Our Unconditional Guarantee

Should our service fall short of your expectations, please contact us immediately and we will do everything we can to make it right! 5-21-2019

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