I. Performance and Workmanship
Rayzor’s Edge Tree Services has licensed arborists and trained professionals; either certified or working under direct supervision thereof. Certification comes through organizations such as the Tree Care Industry Association and the Connecticut Tree Protective Association and the State of Connecticut and can always be verified. All work will be performed professionally, with the appropriate tools and equipment for proper job completion. All equipment and work performed will be in full compliance with the most current revision of the American National Standards Institute ( ANSI Z133.1) Standard for tree care operations. Copies can be obtained for a fee by contacting the Tree Care Industry Association.
Safety: Rayzor’s Edge Tree Service warrants that all arboricultural operations will follow the latest version of the ANSI Z133.2 industry safety standards. The client agrees to not enter the work area during arboricultural operations unless authorized by the crew leader onsite.
Debris Removal: All debris from tree services shall be cleaned up before the work crew leaves site, unless otherwise coordinated by the client and crew leader and is stated on the proposal. All lawn areas shall be raked, streets and sidewalks shall be clear, and all brush, branches, and logs shall be removed from the site, unless otherwise coordinated by the client and crew leader and is stated on the proposal.
Stump Grinding: The process of utilizing a stump grinder to remove a stump to a depth of 6” inches below ground, unless otherwise stated in the proposal. Stump grinding is not included in the price quoted, unless specified in the proposal. Stump grindings from stump grinding process are not hauled unless specified in the proposal. Surface and subsurface roots beyond the stump are not removed unless specified in the proposal.
Additional Work: Any additional work or equipment required to complete the work, caused by the client's failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground, or any other condition not apparent in estimating the work specified, shall be paid for by the client on a time and material basis.
II. Timing: Scheduling and Cancellation
Rayzor’s Edge Tree Service will arrive on scheduled performance date. Schedules are contingent upon weather, accidents, and other delays beyond our control, and shall not be liable for damages due to those delays. Any delay in the beginning or completing the work shall not alter or invalidate any part of this contract, nor will it give the authorizing party additional rights or remedies.
Cancellation: It is requested that the client provide at least 72 hours advance notice for cancellation. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee no less than $500.00 and up to $2000.00 for incurred expenses. Cancellation fees may apply to any notice less than 72 hours in advance.
III. Ownership & Permitting
Licenses: Rayzor’s Edge Tree Service is insured for liability resulting from injury to persons or property, and all its employees are covered by Worker’s Compensation Insurance. The parties herein agree that in no instance may the client seek damages in excess of Rayzor’s Edge Tree Service policy liability. Further, once work is completed under this contract, the client agrees to indemnify and hold harmless Rayzor’s Edge Tree Service and its agents for any injury, loss or expense associated with work performed or in any way related to services performed with this contract.
Permits: The client shall be responsible for securing any permits or authorizations required to perform the work and shall provide copies of the same to Rayzor’s Edge.
IV. Contract Price
The contract price shall be valid for up to 6 months from the date of the proposal. If the scope of the work is required to be performed in circumstances other than those of at the time the contract was originally estimated, providing additional timing or complexity of the work, including any site conditions that were not known to Rayzor’s Edge at the time of quotation or a change in scope, Rayzor’s Edge shall promptly notify the client and all parties shall agree on an equitable adjustment to the contract price.
Completion of Contract: Rayzor’s Edge Tree Services agrees to do its best to meet any agreed upon performance date, but shall not be liable in damages or otherwise for delays due to inclement weather, labor or any other cause beyond its control; nor shall the clients be relieved of completion for delays.
V. Terms of Payment
Unless otherwise noted in the proposal, the client agrees to pay the account in full upon completion of work. If a credit card was provided, the client shall agree that the charge will be in the full unpaid amount when due. The client shall agree not to withhold any amount invoiced in accordance with this contract for any reason whatsoever. Failure to remit full payment within the payment terms will result in a finance charge of 20% per year, compounded monthly. Payments not received within 30 days will assess a $50 late fee and will be turned over to collections. Customer shall indemnify Rayzor’s Edge Tree Service for all costs incurred in collecting such unpaid amounts.
Types of Payment: Check, Visa, Mastercard, Discover, American Express are all accepted. All coupons or issued discounts must be within the original contract and can not be submitted after work is completed or invoiced.
Returned Check Fee: There will be a $35.00 fee charged for all checks returned to our office for insufficient funds.
VI. TerminationThis contract may be canceled by the client no later than 7 days before work is scheduled to commence. Client may only terminate the work less than 7 days before the work is scheduled to commence by paying for any work already performed and for any expenses incurred in preparing to perform the work.
VII. Insurance and Liability
Rayzor’s Edge Tree Service warrants that it is insured for liability resulting from injury to person(s) or property and that all employees are covered by Worker's Compensation as required by law. Certificates of coverage are available upon request.
Unmarked Utilities: Rayzor’s Edge Tree Services is not responsible for damages to underground sprinklers, drain lines, invisible fences or underground cables unless the system(s) are adequately and accurately mapped by the client and a copy is presented before the work is performed.
Lawn and Surfaces Damage/Repair: Rayzor’s Edge Tree Service will attempt to minimize all disturbances to the client's lawn and surfaces. However, Rayzor’s Edge must utilize vehicles and equipment to perform tree care services. Rayzor’s Edge shall not be liable for damages to landscaping, sod, plant materials in the execution of its work or causes beyond their control. Including but not limited to; ruts in yard due to wet conditions, cracking of paved surfaces and or sidewalk due to unforeseen conditions.
Ownership: The client warrants that all trees listed are located on the client's property and if not, that the client has received full permission from the owner to allow Rayzor’s Edge Tree Service to perform the specified work. Should any tree be mistakenly identified as to ownership, the client agrees to indemnify Rayzor’s Edge Tree Service for any damages or cost incurred from the result thereof.
Pedestrian/ Vehicular Safety: Rayzor’s Edge Tree Services is solely responsible for pedestrian and vehicular safety control within the worksite. Rayzor’s Edge shall provide the necessary warning devices, barricades and ground personnel required to ensure the safety, protection and warning of pedestrian and vehicular traffic within the area.
VIII. Miscellaneous
This contract shall be governed by the laws of the State of Connecticut. This contract contains the entire understanding of Rayzor’s Edge Tree Service and the client with respect to the work and reflects the prior agreements and commitments with respect thereto. There are not 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 Rayzor's Edge and the client. No waiver by either party of any breach or provision of this contract will be binding unless made in writing, 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 the contract will apply even in the case of the fault, negligence or strict liability of the party indemnified or release or whose liability is limited and will extend to the benefit the employees and affiliates of such parties.
