Entire Contract: These terms and conditions shall apply as the binding and entire Contract between the Company and the Customer and are to be read in conjunction with the particulars of any estimation documentation.
Terms and Conditions
It is agreed by and between Martin Diversified Services, LLC d/b/a Martin Tree Service hereinafter referred to as “Martin Tree Service” or “Company” and the authorizing party (Customer, Customer’s and/or Customer’s agent) that the following provisions are made as part of this contract:
Insurance by Contractor: Martin 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.
Quote/Estimate validity dates: All estimates/quotes provided by Martin Tree Service are valid for 90 days and must be accepted via written email or via an online agreement. Phone calls and/or texts are a great way to communicate but cannot be construed as a binding agreement.
Scheduling/ Cancellation: Martin Tree Service will do its best to arrive on scheduled performance date. Schedules are contingent upon weather, accidents, and other delays beyond our control and Martin Tree Service shall not be liable for damages, losses, or injuries as a result of those delays. Martin Tree Service requests that the authorizing party provide at least 72 hours notice for cancellation. If a crew has been dispatched to the job site, the Customer will be assessed a mobilization fee of $150.00 for incurred expenses. Cancellation fees may apply to any notice less than 24 hours.
Limited Warranty: All trees and plants provided by Martin Tree Service will be guaranteed for one-year full replacement from the date of installation. This guarantee does not apply to any tree, shrub, or plant that was replaced as part of this guarantee/warranty. This warranty is only valid for the work that is listed on the written invoice and does not cover negligence of the Customer or third-party contractor.
Personal property/concealed contingencies/foreign materials: The Customer will be responsible for removing all personal property from the worksite area in advance of the scheduled arrival dates. If the Customer fails to remove all items in advance or requires assistance in moving items Martin Tree Service will make best effort to relocate these items or protect them to the best of our ability but will not be held liable for damage. The Customer will make aware any considerations such as septic fields, underground septic tanks, buried structures/tanks of any kind, abandoned cisterns, shelters, basements, etc. that requires special consideration when accessing the job site area. The Customer will be liable for damages due to a failure to report any underground hazards, structures, or personal property that Martin Tree Service has not been made aware of in advance during the estimate/quote process. Any additional work required that is a direct result of the considerations listed above or as a result of foreign materials in the trunk, branches, underground, or any other condition not apparent during the estimating/quoting process will be billed at our normal T&M rate.
Workmanship/Performance: All work will be performed professionally, with the appropriate tools and equipment for proper job completion.
Safety: Martin Tree Service warrants that all operations will follow the latest industry safety standards. The authorizing party agrees to not enter the work area during operations unless authorized by the onsite crew leader/supervisor.
Debris Removal: All debris from tree trimming and tree removal operations shall be cleaned up each day before the work crew leaves the site, unless otherwise coordinated by the client and supervisor. All lawn area shall be raked, streets and sidewalks in the worksite area shall be cleaned, and all brush, branches, and logs that were a direct result of the project shall be removed from the site unless stated otherwise on the written contract or quote.
Stump Removal: Process of utilizing a commercial stump grinder to remove stump to depth of 4-8″ Inches below ground unless otherwise stated in the proposal. Unless specified in the proposal, stump removal is not included in the price quoted specifically for tree removal. Grindings from stump removal are not removed from the project unless specified in this quote. Surface and subsurface roots beyond the stump are not removed unless specified in this quote. Any additional work required that is a direct result of foreign materials in the trunk underground, or any other condition not apparent during the estimating/quoting process will be billed at our normal T&M rate.
Additional Work: Any additional work or equipment required to complete the work, caused by the authorizing party’s failure to make known or caused by previously unknown foreign material in the tree trunk, the branches, underground, or any other condition not apparent in estimating the work specified, shall be paid for by the Customer at our normal T&M rate.
Unmarked Utilities: Martin Tree Service is not responsible for damages to underground sprinklers, drain lines, invisible fences, or underground cables/utilities unless the system(s) are adequately and accurately mapped by the authorizing party and a copy is presented before or at the time the work is performed. It is the responsibility of the Customer to call 811 and request a locate of all utilities at the jobsite at least 48 hours before any stump removal project begins. Martin Tree Service will notify IUPPS of the request upon written request of the Customer.
Lawn & Surfaces Damage/Repair: Martin Tree Service will attempt to minimize all disturbances to the Customer’s lawn and surfaces. However, in many cases Martin Tree Service must utilize large vehicles & equipment designed to perform tree care services. Martin Tree Service shall not be liable for damages to driveways, landscaping, sod, and/or plant material in the execution of its work or causes beyond their control (Examples: Ruts in yard from heavy equipment, limbs falling on flowerbeds, cracking of paved or concrete surfaces and/or sidewalk due to weight of trucks/equipment etc.).
Ownership: The authorizing party warrants that all trees listed are located on the Customer’s property and if not, that the authorizing party has received full written permission from the owner to allow Martin Tree Service to perform the specified work. Should any tree be mistakenly identified as to ownership, the Customer agrees to indemnify Martin Tree Service for any damages or costs incurred from the result thereof.
Pedestrian/Vehicular Safety: Martin Tree Service is solely responsible for pedestrian and vehicular safety control within the worksite. Martin Tree Service 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.
Licenses/Permits: Martin Tree Service is responsible for the costs of insurance, licenses, and/or bonds required to perform specified work under this contract to comply with all applicable local state and federal codes, rules and regulations. The Customer/property owner shall be responsible for obtaining and paying for necessary permits and approvals from local HOA and other governing entities (cities and towns). In many instances local towns and cities require a permit to perform work that requires parking on the street while performing work for a local resident.
Insurance/Indemnity: Martin 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 Customer seek damages in excess of Martin Tree Service policy liability. Further, once work is completed by Martin Tree Service under this contract, owner agrees to indemnify and hold harmless Martin 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.
Completion of Contract: Martin Tree Service agrees to do its best to meet any agreed upon performance dates but shall not be liable in damages or otherwise for delays due to inclement weather, labor or any other cause beyond their control; nor shall the Customer be relieved of completion for delays.
Terms of Payment: Unless otherwise noted in this proposal, the Customer agrees to pay the account in full upon completion of the work. Failure to remit full payment within the payment terms will result in a finance charge of 18.99% per year compounded monthly. Payments not received within 90 days will assess a $100 late fee and may be turned over to collections.
Types of Payment: Checks, Money Orders, Cashier’s Check, most major credit cards are all accepted. Credit card payments are accepted in paying invoices totaling $2000.00 or less. Check, cash, money order or cashier’s checks are all accepted as forms of payment on any amount.
Returned Check Fee: There will be a $35.00 fee charged for all checks returned to our office for in-sufficient funds.
Governing Laws: The terms and conditions of this contract shall be interpreted and governed according to the laws of the State of Indiana; venue and jurisdiction shall be limited exclusively to the District Court of Hamilton County, Indiana. Customer agrees to pay all costs, mediation fees, arbitration fees, and expenses, and all of Customer’s own fees costs and expenses. Customer agrees to limit the damages that may be recovered in any legal proceeding to an amount equal to the amount of this contract. Customer hereby waives right to jury trial as to any claim asserted by or against Martin Tree Service.
Media Release: Martin Tree Service may take video, audio, and/or pictures of the progress of the project to be used for promotional purposes. By accepting this agreement the Customer grants Martin Tree Service the right to use, publish, and reproduce for any purpose and in any format chosen on any medium. Additionally, the Customer waives all rights to receive any compensation for the use of this media.
Dispute Resolution (Limitation of lawsuit): Except as herein provided the Customer agrees not to bring, file, initiate, commence, continue, or pursue any lawsuit, claim, counterclaim, cross-claim, or set off or any other judicial administrative, or other legal proceeding against Martin Tree Service more than one year after any incident giving rise to the claim occurred, regardless of discovery date. If Customer wishes to file lawsuit against Martin Tree Service, Customer must first provide Martin Tree Service with (30) days written notice of the intention to do so and the same opportunities to cure.
Agreement and Authority: Upon acceptance the Customer represents that he/she has full authority to sign this contract for work specified at the agreed upon address where the work is to be completed. This is the entire agreement between the parties, and all prior discussions, negotiations, and representations are merged into and superseded by this contract, and Customer cannot rely on such matters that predate this Contract or any verbal agreements prior to, during or after the date of the agreement.