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 Colorado 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 Roots and Shoots Tree Care. The customer/client is responsible for any and all conflicts arising from false notification of authority.
3. Weather and delays: Roots and Shoots Tree Care Shall not be financially responsible or liable for damages incurred for delays in completion of proposals, nor shall the customer be relieved of completion. Roots and Shoots Tree Care 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. If the customer fails to pay within 14 days or by the terms stated on the proposal, a discretionary late fee of $30 may be applied. If the customer/client fails to pay within 30 days of completion an additional fee of $50 will be applied. Any late payment after 60 days will be subject to an additional 5% late fee for each month passed before payment is received. A $50 discretionary fee shall be assessed for any check that is returned for any reason. The customer/client shall be responsible for, and agree to pay any costs relating to collection including, and without limitation to all expenses incurred in collection of past due accounts. Payment in full upon work completion, as well as these terms and conditions are agreed upon by the client when accepting any proposal or estimate and scheduling the work with Roots and Shoots Tree Care.
5. Cancellation: Any change or cancellation to proposed and accepted work must be provided to Roots and Shoots Tree Care at least 48 hours in advance. If no notice is provided, Roots and Shoots Tree Care reserves the right to apply a cancellation fee of $150 or %10 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. Roots and Shoots Tree Care shall not be held responsible for any damage occurring to underground cables, irrigation, or any other subsurface system. Roots and Shoots Tree Care 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 Roots and Shoots Tree Care, 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 Roots and Shoots Tree Care 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 Roots and Shoots Tree Care, 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 Roots and Shoots Tree Care. The customer is responsible for all fees and costs associated with permits required to complete the work.
9. Safety: Roots and Shoots Tree Care 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) Roots and Shoots Tree Care Shall not be held legally or financially responsible. Roots and shoots tree Care 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: Roots and Shoots Tree Care is fully insured to cover all Arboricultural services as required by law. Roots and Shoots Tree Care is fully licensed with the city of Boulder, Denver and most surrounding cities to provide Arborist Services in both private and Right-of-Way property.
11. Polishing-up: Roots and Shoots Tree Care 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. Roots and Shoots Tree Care will work with customers to return and provide a free touch-up in cases of poor weather. Roots and Shoots tree care reserves the right to add clean up fees for job-site conditions such as long unkempt grass and weeds, or untidy property. Roots and Shoots Tree Care 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 Roots and Shoots Tree Care 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.
1. Structure Prune: Pruning to restore a tree to a healthy overall structure for Colorado 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 Boulder and is spreading to adjacent cities. No natural predators. Very high kill rate of untreated trees. Affects Ash trees excluding Mountain Ash. 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.