TERMS AND CONDITIONS OF TREE SERVICE CONTRACT

I. WORK

Ashley’s Touch Tree Care LTD. shall perform the work described in this quote in timely manner, by using appropriate equipment in proper-working condition used by a crew adequately trained personnel. The crew will be supervised by a licensed arborist at all times. Throughout the performance of the work crews will use reasonable caution, but nevertheless Ashley’s Touch Tree Care LTD is not responsible for any damages to the lawns or communication wires or underground fixtures that were a result of the performance of the work. Ashley’s Tree Care will not be liable for damages to underground fixtures when doing stump grinding and similar services. It is client’s responsibility to obtain locates for stump grinding. If for any reason Customer is not 100% satisfied with the Work, they have 10 business days after completion to raise their concerns. No complains will be accepted after that.

II. PROPERTY AND PERMISSIONS 

The signer hereby guarantees that any property including but not limited to trees, land, sheds, garages, houses, gardens, pools, driveways and gazebos upon which Work is to performed by the crew, belongs to the signer and is under his immediate control, or sufficient permission has been granted by the owner of that property. The signer undertakes to provide free and unrestricted access throughout the above-mentioned property at all times when the crew is scheduled to perform Work. It is the signers responsibility to secure all the necessary permits and authorizations for the completion of the Work and to provide the copies thereof to Ashley’s Touch Tree Care LTD. The signer hereby acknowledges that the final decision of the tree removal is at the discretion of the city. In the event of the permit being denied by the city, the signer agrees to forfeit the 10% deposit to Ashley’s Touch Tree Care LTD. as any additional fees that have been associated with the Work.

III. CONTRACT PRICING 

The price provided on the quote will be valid for one month in case there has not been any change in any conditions of the premises or any circumstances from the day the quote was rendered. Any site conditions and circumstances that were not known to Ashley’S Touch Tree Care LTD. that aren’t a part of the professional knowledge can affect the price of the quote.

IV. TIME AND TIMELINE CHANGE

Ashley’s Tree Care staff shall use reasonable efforts to meet all performance dates, but shall not be liable for delays due to inclement weather or other causes beyond their control. An estimate of the number of days to complete the Work and an expected start date are provided as a courtesy only. Any delay in beginning or completing the Work shall not alter or invalidate any part of this contract, nor will they entitle Customer to additional rights or remedies.

V. TERMINATION

This agreement can be terminated by either party no later than 14 days before the work commences. The signer must cancel by mailing written notice to Ashley’s Tree Care no later than 14 days before work is scheduled. In the event of termination the signer undertakes to forfeit the 10% deposit and pay for the work already completed and any reasonable expenses incurred by Ashley’s Touch Tree Care LTD.  In the event of the work being cancelled by Ashley’s Touch Tree Care LTD., they undertake to assist the signer in finding another company to perform the rest of the Work under similar prices and quality.

VI. TERMS OF PAYMENT

Customer agrees to pay Ashley’s Touch Tree Care LTD. a non-refundable deposit of 10% of the contract price upon acceptance of the quote as an authorization to proceed with the Work plus the full cost of arborist report and any permit associated fees if applicable. When Ashley’s Touch Tree Care LTD. has determined that the Work is complete, Ashley’s Touch Tree Care LTD. will invoice Customer for the remaining 90% of the contract price. The invoice is due upon receipt and interest will begin to accrue on any unpaid balance 7 days after the invoice date, at a rate of 2% per month. If Customer has provided a credit card number to Ashley’s Touch Tree Care LTD., Customer authorizes Ashley’s Touch Tree Care LTD. to charge unpaid amounts to such credit card when due. Payment of any amount shall not be construed as acceptance by Customer of defective Work, and Customer agrees not to withhold any amount invoiced in accordance with this contract for any reason whatsoever. Failure by Customer to pay any amount within 7 days after the invoice date shall constitute a breach of this contract, and in addition to paying Ashley’s Touch Tree Care LTD. all amounts due here under, Customer shall indemnify Ashley’s Touch Tree Care LTD. for all costs incurred in collecting such unpaid amounts. The acceptable methods of payment are check, cash, e-transfer, debit card, VISA and MasterCard (credit card payments accepted only for deposit).

VII. LIABILITY AND INSURANCE

Ashley’s Touch Tree Care LTD. has workers compensation insurance (WSIB) in accordance with statutory requirements and a $5,000,000 general liability insurance policy. Ashley’s Touch Tree Care LTD. agrees to provide evidence of insurance on the customer’s request.

VIII. MISCELLANEOUS

This contract shall be governed by the laws of Ontario. This contract contains the entire understanding of Ashley’s Touch Tree Care LTD. and Customer with respect to the Work and reflects the prior agreements and commitments with respect thereto. There are no other oral understandings, terms or conditions and neither Party has relied upon any representation, express or implied, not contained in this contract. This contract may only be amended by a written amending agreement signed by both Ashley’s Touch Tree Care LTD. and the Customer. No waiver by either party of any breach or provision of this contract will be binding unless made in writing and any such waiver will extend only to the specific breach or provision waived and not to any future breach. Indemnities against, releases from and limitations and exclusions on liability expressed in this contract will apply even in the case of the fault, negligence or strict liability of the party indemnified or released or whose liability is limited, and will extend to the benefit the officers, directors, employees, agents, representatives, subcontractors and affiliates of such parties.