Terms and Conditions
BY SCHEDULING WITH VERMONT ARBORISTS YOU HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS
1. Agreement: These terms and conditions form this Agreement as if they were part of the same document. The specific work proposal may apply terms not stated here, and shall include and be governed by Vermont state law unless otherwise specified. With regard to any conflict, the terms stated below and those stated on proposals shall control, priority falling to those specifically stated on the proposal.
2. Customer/client: Both customer and client shall refer to the individual or group for whom the work proposal, estimate, or invoice is addressed. This Individual must have the authority to make and authorize contracts and agreements with Vermont Arborists. The customer/client is responsible for any and all conflicts arising from false notification of authority.
3. Weather and delays: Vermont Arborists shall not be financially responsible or liable for damages incurred for delays in completion of proposals, nor shall the customer be relieved of completion. Vermont Arborists will work with customers to complete all work within a reasonable time (30 days) should any delay occur.
4. Payment: Payment, in full, for work completed shall be due in accordance with terms specified in the work proposal or estimate. If no terms are specified, payment shall be due within 14 days of work completion. Payment in full upon work completion is agreed upon by the client when accepting any proposal or estimate and scheduling the work with Vermont Arborists.
5. Cancellation: Any change or cancellation to proposed and accepted work must be provided to Vermont Arborists at least 48 hours in advance. If no notice is provided, Vermont Arborists reserves the right to apply a cancellation fee of 33% of the proposed estimate.
6. Tree Removal and Stump Grinding: The term “Removal” refers to the removal of a tree or shrub as close to ground level as possible. Removal of roots or subsurface material shall be referred to as “Stump Grinding”. Unless otherwise stated in the proposal, Stump Grinding is not included in Removal quotes. All stumps will be ground no more than 6 inches below grade, unless otherwise specified in the proposal. Material resulting from Stump Grinding will not be hauled away unless otherwise stated in the proposal. Vermont Arborists shall not be held responsible for any damage occurring to underground cables, irrigation, or any other subsurface system. Vermont Arborists shall work to mitigate any damage from flying debris, but shall not be held responsible if damages should occur.
7. Property Rights and Ownership: By agreeing to the work proposal, and by scheduling with Vermont Arborists, the customer acknowledges that they are the sole owner and permit, or have the permission of the sole owner of the trees, to complete the work described in the proposal. If a dispute should arise concerning tree ownership or property rights, the customer will indemnify Vermont Arborists of all damages or costs resulting thereof. Customer agrees to and accepts all financial responsibility, resulting in false claims of property and ownership.
8. Unseen Contingencies: Upon scheduling with Vermont Arborists, the customer accepts full responsibility to pay for any additional equipment, labor, materials, permits, and all fees associated with completion of the work, should any unseen conditions arise not previously made known to Vermont Arborists. The customer is responsible for all fees and costs associated with permits required to complete the work.
9. Safety: Vermont Arborists meets all safety standard outlined by ANSI Z133.1, in addition to other industry safety standards. The customer is responsible for keeping the work site free of any persons, pets, or property throughout completion of the work to help maintain these standards. Should any damage to property or injury result from client or property entering the work site (<50’ from any tree being worked on) Vermont Arborists shall not be held legally or financially responsible. Vermont Arborists shall not be held responsible for any damage to power or information cables/lines or any damages to client property related to power surge or loss of services provided by cables. We will do our best to assist in reestablishing services, but are not responsible for costs associated with repairs.
10. Licensing and Insurance: Vermont Arborists warrants that it is insured for liability resulting from injury to person(s) or property and that all employees are covered by Workers’ Compensation as required by law. Certificates of coverage are available upon request.
11. Polishing-up: Vermont Arborists will attempt to provide full material removal and clean up as best as reasonably possible given conditions unless otherwise stated in the proposal. It is our goal to pick up and remove everything we put on the ground, and it is our goal to leave your property tidier than when we arrived. Weather, job-site conditions, and other factors may create conditions in which complete clean-up is not possible. Vermont Arborists will work with customers to return and provide a free touch-up in cases of poor weather. Vermont Arborists reserves the right to add clean up fees for job-site conditions such as long unkempt grass and weeds, or untidy property. Vermont Arborists will attempt to repair marks and divots in lawns, but shall not be held responsible for the repair of damages to lawns and gardens.
12. Severability: All parties agree that should any term or condition stated be found to be in conflict with local or state laws, then the remaining conditions and portions of conditions shall be held valid and enforced as though the invalid statement were excluded.
13. Dispute Resolution: Any conflict or dispute that should arise from services provided by Vermont Arborists is agreed to by all parties be submitted to non-binding mediation, unless there is written agreement from both parties otherwise. Should mediation fail to resolve disputes, they shall be submitted to the appropriate court of competent jurisdiction in the respective city.
14. Media Release: Vermont Arborists occasionally takes pictures and records video and/or sound during particular jobs to be used for training and promotional purposes. The authorizing party grants Vermont Arborists, the right to use, publish, and reproduce pictures, video, and sound recordings in any and all media formats for any and all purposes. In addition, the authorizing party waives the right to receive any payment from Vermont Arborists for use of this media.
1. Structure Prune: Pruning to restore a tree to a healthy overall structure for Vermont conditions. Generally refers to suppressing growth on low limbs that push out laterally then turning vertical to become co-dominant leaders. These Limbs have a high risk for storm damage and failure.
2. Topping: Refers to the removal of the apex of a tree. Highly discouraged and generally has severe negative effects on the health and longevity of a tree.
3. Emerald Ash Borer: An invasive wood boring insect from Asia. Slowly invading the country east to west, and recently was discovered in Vermont. No natural predators. Very high kill rate of untreated trees. Affects Ash trees. Effective treatment with systemic injection of insecticide.
4. Tip Reduction: Cuts made to reduce the overall length of a limb.
5. Clean: Remove dead, dying, or diseased limbs, material from the tree.
6. Crown: Includes all branches and leaves between the lowest branch to the top of the tree.
7. Leader: A dominant or co-dominant upright stem.
8. Raise: Pruning lower limbs to increase crown/canopy base height.
9. Reduce: Pruning to decrease overall length of a limb, branch or canopy.
10. Thin: Pruning to reduce density of live branches, usually be removing entire branches.
11. Vista Pruning: Pruning to allow views through the tree canopy by selectively pruning gaps through the tree’s crown.
12. Tree Removal: Tree will be removed and all debris hauled away. The stump will be cut as close to grade level as possible without damaging saw.